TALISMA CORPORATION PRIVATE LIMITED – PRIVACY POLICY
Version Date: February, 2024
This Privacy Policy (“Privacy Policy”) applies to the products and services offered, and the website (https://talisma.com) owned and operated by Talisma Corporation Private Limited (“Talisma”), a company incorporated under the provisions of the Companies Act, 1956, and having its registered office Ground Floor, “Phoenix” – Magnificia, Vijanapura, Mahadevapura Ward, Old Madras Road, Dooravaninagar, Bangalore – 560 016, Karnataka, India (hereinafter Talisma’s products, services and website shall collectively be known as “Offerings”) For the purposes of this Privacy Policy, “we”, “our” and “us” shall mean “Talisma” and “you” and “your” shall mean you, as a user of the Offerings (“User”).
This Privacy Policy sets out what data we collect and how and why we use it, when you access the Offerings. You are advised to read the Privacy Policy carefully before accessing any Offerings. To access any Offerings, you are required to accept the terms of this Privacy Policy. By accepting this Privacy Policy, you signify that you have read, understood and agree to be bound by the same. We reserve the right to update or modify this Privacy Policy at any time without prior notice and such changes shall be effective immediately.
BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY CONSENT TO TALISMA’S COLLECTION, RETENTION, ANALYSIS, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY.
1. OBJECTIVE & SCOPE:
1.1. Talisma being committed to protect Users’ privacy and responsibly use collected data, through this Privacy Policy, aims to provide a summary of our privacy practices regarding personal data that we collect and process of/about the User through various sources. The primary focus of this Privacy Policy is on the personal data collected and processed. Depending on the purposes of processing and your relationship with us as a data subject, we may provide additional customized privacy policies.
1.2. This Privacy Policy covers the categories of personal data collected, how we use or process such data, who are the recipients of such data, and your associated rights under applicable laws.
2. DATA COLLECTED:
2.1. We will collect personal data of the User, as detailed further in this clause and as expressly set forth in this Privacy Policy. While some User data has to be mandatorily provided, others are optional and certain portions of the data will remain private; Talisma will let the User know all of the foregoing categories of data. Additional data may be gathered during subsequent use of our Offerings.
2.2. In order to access the Offerings, the User, upon expressly consenting, may be required, from time to time, at the request of Talisma, to provide certain personal data, such as name including first and last name, your employees and/or contractors (“Representatives”), email address, mobile number, your and your Representatives’ contact details, your address and postal code. The foregoing is an inclusive but not an exhaustive list, and such other personal data as may be required from time to time, may be collected and appropriately used after obtaining express consent of the User.
2.3. We may also automatically receive and collect certain anonymous data in standard usage logs, through the web server, cookies, standard web log data, traffic to and from our website, tracking within the website, and any other available data from:
2.3.1. an IP address, assigned to the device used by the User;
2.3.2. demographics;
2.3.3. type of browser used by the User;
2.3.4. the domain server through which the User accesses the website and the
functions and features therein;
2.3.5. queries, comments, or feedback as submitted by the User, including any
correspondence you have made with us; and
2.3.6. the type of device used by the User (“Device”).
2.4. In order to enhance our ability to provide a valuable experience to the Users, we may seek and receive one time access to:
(i) automatically receive, collect and analyze your location data which may be accessed through a variety of methods including, inter alia, GPS, Internet Protocol address, and cell tower/Device location;
(ii) collect data pertaining to your Device and your usage thereof, including, inter alia, data about your Device, and data about your use of features or functions on your Device;
(iii) camera access to scan/capture documents and/or capture photographs;
(iv) microphone permissions;
(v) other files and media. A user may, at any time, revoke access to the aforesaid data through the Device settings.
2.5. Sources of personal data:
We may collect the personal data through various sources, such as those:
2.5.1. Submitted by yourself, through our website or by contacting/emailing our official contacts;
2.5.2. Shared with or by any of our employees and affiliates;
2.5.3. Our third party sales or marketing representatives, vendors, suppliers and service providers;
2.5.4. Sourced from public websites and social media, including from your employer, your publicly accessible profiles, etc.
2.5.5. Sourced via Cookies and similar tracking technologies as deployed on our website.
2.6. It is hereby clarified we do not collect or store any contact (or related) data that may be present on a Device.
2.7. It is also clarified that we do not sell your data to any third party under any circumstance.
3. METHOD AND MANNER OF USE OF DATA:
3.1. We may use your personal data for the following purposes:
3.1.1. to provide a meaningful user experience, better usability, troubleshooting and website maintenance;
3.1.2. to develop and improve our existing products and services;
3.1.3. to develop new products and services;
3.1.4. for compliance and undertaking of the purchase orders/contract for the products, items or services;
3.1.5. to understand when and which parts of our Offerings are most visited and its frequency;
3.1.6. to identify a User on the website;
3.1.7. to communicate with a User, including contacting and responding to queries or requests;
3.1.8. To communicate special offers and general information about our products, services and events which we offer that are similar to those that you have already purchased or enquired about unless the User has opted not to receive such data;
3.1.9. to offer tailored content based on Users’ preferences;
3.1.10. to enable marketing and sales related communications and related purposes;
3.1.11. to enhance and optimize our business operations, applications, systems, security and processes;
3.1.12. to protect and defend the rights or property of Talisma;
3.1.13. to prevent or investigate possible wrongdoing in connection with our Offerings;
3.1.14. to protect the personal safety of Users of our Offerings and/or the general public;
3.1.15. to protect against or defend any legal liability; and
3.1.16. in order to be in compliance with applicable law.
3.2. You acknowledge that if we determine that any data you have provided or uploaded violates the terms of this Privacy Policy, we have the right, in our absolute discretion, to delete or destroy such data without incurring any liability to you.
3.3. You acknowledge that you are licensing us to use, modify, display, distribute and create new material from the data you provide. By providing such data, you automatically agree, or promise that the owner of such data has expressly agreed to allow or license, as the case may be, us to use the data in the manner set out in this Privacy Policy, without the payment of any fees. We may, to the extent permitted by law, also use, license, reproduce, distribute disclose, and aggregate, non-personally identifiable data that is derived through your use of our Offerings and you hereby provide consent for the same.
3.4. For the avoidance of any doubt, it is hereby clarified that any User data collected from you and eventually stored by us will be used only for the purposes of providing our offerings.
4. SHARING OF DATA
4.1. We will not use User data for any purpose other than in connection with Talisma’s business. You understand that we may share the User data with required third parties in connection with our business as may be required and you explicitly agree to such User data being shared.
4.2. We use vendors and payment gateway service providers to help us provide our offerings to you such as Microsoft Azure, to whom we may disclose data. Where we use third-party tools, these third parties will have access to some of your personal data, including analytics tools. As may be necessary for managing the partnerships, we may also provide deidentified data to our partners relating to the usage of products and services provided by our partners.
4.3. When using the website, in the event you are directed to a third party website and if you choose to access them (or avail of their offerings), we will not be responsible for such third-party websites or applications. Please note that in case you share any data with such third parties, you will be bound their respective privacy policies and/or terms of use/service. Furthermore, Talisma will not rent, sell or share User data and will not disclose any of the User’s personally identifiable data to third parties, save when required under applicable law.
4.4. If all or some of the business, stock or assets of Talisma are acquired or merged with another business entity, we may share all or some of your data with the acquiring / merged entity.
5. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT
5.1. This Privacy Policy is governed by your rights as per applicable law within the territory from where you access our Offerings.
5.2. You shall also be provided with an option to provide or deny consent for use of the data collected for the purposes mentioned in this Privacy Policy, restrict disclosure to third parties, data retention, revoke consent already granted to collect data and if required, make us delete/anonymize the data collected by us. However, subject to the foregoing, please note that we may not be able to provide all our Offerings to you.
6. RIGHTS OF EUROPEAN ECONOMIC AREA (EEA) AND UNITED KINGDOM (UK) RESIDENTS
6.1. This Clause only applies to you if we process your data while you are in the EEA. It explains that you have a number of rights in relation to your personal data under the
EU General Data Protection Regulation 2016/679 (“GDPR”), the Data Protection Act, 2018, UK GDPR or any other applicable data protection laws following Brexit.
However, the additional rights only apply when we process your personal data while you reside within the EEA or UK, as the case may be. If the additional rights do apply,
you have the right to request that we:
6.1.1. provide you with a copy of the data we hold about you;
6.1.2. update any of your personal data if it is inaccurate or out of date;
6.1.3. delete the personal data we hold about you. However, if you are using our
Offerings, and you ask us to delete personal data we hold about you then we may be unable to continue providing our Offerings to you;
6.1.4. restrict the way in which we process your personal data;
6.1.5. stop processing your personal data if you have valid objections to such
processing; and
6.1.6. transfer your personal data to a third party.
6.2. In providing our Offerings to you, you understand that we may transfer your data to different locations around the world. For Users resident in the EEA or UK, where your personal data is transferred from the EEA or UK to a recipient outside the EEA or UK to a third country not recognized as providing an adequate level of protection for personal data, such transfer shall be covered by a framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data, including, but not limited to, Standard Contractual Clauses (as formulated under the European Commission’s decision of February 5, 2010 for the transfer of personal data to processors established in third countries, also used under the UK GDPR), the terms of which shall be incorporated by reference.
7. CALIFORNIA RESIDENTS: YOUR RIGHTS
7.1. This section only applies to you if you are a California resident and we process your personal data. If that is the case, you have certain additional rights in relation to your personal data under the California Consumer Privacy Act (CCPA), Cal. Civ. Code §1798.100 et seq. If the CCPA applies to you, you have the right to request that we:
7.1.1. disclose or provide copies to you, no more than twice in a 12-month period, the personal data about you that we have collected, used, or disclosed during the preceding 12 months; or
7.1.2. delete the personal data we hold about you, but please note that if you are using our Offerings and you ask us to delete personal data we hold about you, then, we may be unable to continue providing our Offerings to you;
7.1.3. we may not be required to delete your personal data if it is necessary to:
i. complete any transaction for which it was provided; or
ii. detect security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity; or prosecute those responsible for that activity; or
iii. exercise any right provided to us by law; or
iv. comply with a legal obligation; or
v. otherwise use your personal data internally in a lawful manner compatible with the context in which you provided.
7.2. As we do not sell your personal data, we do not offer an opt-out to the sale of personal data.
8. DATA RETENTION
8.1. We take reasonable steps to ensure that User data is available only for so long as is necessary for the purpose for which it is processed, or longer if required under any applicable law, subject to appropriate safeguards. Please note that we ensure that all other data collected and stored is anonymized and aggregated in an irreversible manner. Furthermore, you explicitly consent and agree that we will be entitled to use such anonymized data or data freely, without any restrictions other than those set out under applicable law.
9. DATA SECURITY
9.1. The data provided by the User is stored in access controlled facilities with restricted access. User data transmitted over the internet is protected through the use of encryption, using the Secure Socket Layer (SSL) or equivalent protocols.
9.2. We shall use generally accepted industry standards to protect the User data submitted to us, both during transmission and upon receipt. However, please be advised that, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, even though we strive to use commercially acceptable means to protect User data, we cannot guarantee its absolute security and your use of our Offerings is at your sole risk and discretion. We also cannot warrant that such User data may not be misused in the event our safeguards and protocols are breached maliciously. Further, we are not liable to, nor can we fully control the actions of other users with whom you may choose to share your data.
9.3. The collection, usage, and sharing of User data by us shall be in compliance with the Data Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Data) Rules, 2011 and other applicable laws.
9.4. If any security breach comes to our knowledge, then we may take all steps required to protect misuse of such data and may attempt to notify you electronically so that you can take appropriate steps.
10. PRIVACY POLICY UPDATES
10.1. We reserve the right to change or update this Privacy Policy at any time. Such changes shall be effective immediately upon us publishing it. Your access and use of our Offerings following any such change constitutes your agreement to follow and be bound by this Privacy Policy, as updated or modified. For this reason, we encourage you to review this Privacy Policy each time you access and use our offerings.
11. COOKIES
11.1. When you visit our website, one or more cookies will be sent to the computer/smartphone or other devices being used by you. The cookies are either used to improve the quality of our website or for storing your preferences as a User, improving the overall User Experience. You have the option of disabling cookies via your browser preferences. However, if you disable cookies on your browser, some parts of our website may not function effectively.
11.2. If you would like to disable our access to any passive data we receive from the use of various technologies, you may do so by disabling cookies in your web browser, which may affect the complete use of our Offerings. Please note that Talisma may still receive data about your usage and also your personal data, such as your email address. If you choose to terminate your engagement with Talisma, we will store data about you for such period as permitted under applicable law, after which time the data may be deleted partially or fully as deemed fit at the given time.
12. NODAL GRIEVANCE REDRESSAL OFFICER
12.1. As required under Information Technology Act, 2000 and rules made there under and for the purposes of redressing any complaints, you may contact our nodal grievance redressal officer whose name and contact details are provided below:
NAME: Legal Counsel
Address: Ground Floor, Phoenix; – Magnificia, Vijanapura, Mahadevapura
Ward, Old Madras Road, Dooravaninagar, Bangalore – 560 016,
Karnataka, India.
TEL: +91 80 – 69261222
EMAIL: contactus@talisma.com
13. DISPUTE RESOLUTION
13.1. In the event of any dispute, difference or claim arising out of this Privacy Policy the same shall be settled in accordance with the laws of India through regular judicial process and the courts of Bangalore, India shall have exclusive jurisdiction.
Talisma use and transfer of information received from Google APIs to any other app will adhere to https://developers.google.com/terms/api-services-user-data-policy, including the Limited Use requirements.