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WHAT IS GDPR?

GDPR or General Data Protection Regulation is designed to “fit for the digital age” and provide all users to control their personal data shared with the websites. It also helps to simplify the regulatory environment for businesses so both citizens and the businesses can benefit from the digital economy.

PERSONAL DATA COLLECTED UNDER GDPR

Almost every internet service involves the collection and storage of personal data. This can include your name, email address, phone number, credit/debit card number. The definition of personal data has been extended so IP addresses can also be treated as personal data.

The compliance of GDPR within and outside EU ensures that the personal data is gathered legally, respect the rights of data owners and not being misused.

GDPR FOR BUSINESSES

GDPR applies to organizations operating within and outside EU which offer good/services to customers or businesses. Businesses which fail to protect the collected user data are face penalties. As of 25th May 2018, all businesses are expected to be GDPR compliant.

KaptureCRM GDPR COMPLIANCE

As a global company, KaptureCRM comply with EU-U.S. and Swiss Privacy Shield Frameworks and GDPR. Protecting the personal data of our customers continues to be a priority and we ensure that the collected data is not tampered. While KaptureCRM doesn’t introduce significant new requirements to its security and privacy practices, we do maintain security practices for handling customer content (defined in our Privacy Policy).

DATA CONTROLLERS VS DATA PROCESSORS

To simplify, a data controller refers to a person, authority, agency, or body which alone or jointly determines the purpose of gathering the data and analyzing it. Data processor on the other hand refers to a person, authority, agency, or body that processes gathered data on the behalf of the controller. KaptureCRM ensures that all the data that is being collected is directly form the consumer and third-party website which has been integrated with us.

DATA PROTECTION AND DATA RESIDENCY

The declaration of obligation or non- disclosure/confidentiality agreement applies to data protection, privacy of all shared data, trade secrets as well as social security data privacy. Furthermore, confidentiality agreements for employees and confidentiality agreements for external service providers would be distinguished.

This also helps to protect very real security risks including:

  • Breaches of confidentiality. For instance, information being given out inappropriately.

  • Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.

  • Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

  • The only people able to access data covered by this policy should be those who need it for their work.

  • Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.

  • In particular, strong passwords must be used and they should never be shared.

  • Personal data should not be disclosed to unauthorised people, either within the company or externally.

ARTICLE 27 GDPR COMPLIANCE

Information according to Art. 27 EU GDPR
Adjetter Media Network Private Limited is a company located outside of the European Union. In order to comply with Art. 27 juksta.eu has been nominated as our represenative in the European Union. If you want to make use of your data privacy rights, please visit: Our public Privacy dashboard.

GDPR Representative Service

KaptureCRM is dedicated to continuously improving the security, technical and organizational measures to better protect the customer data and sensitive information shared with us. We are always evaluating industry standard practices regarding technical data privacy and information security and strive to meet or exceed those standards. Our security programs are comprehensive and dedicated to all facets of safety.

KaptureCRM holds the following trusted security certifications.

HIPPA

We help customers address their HIPAA obligations by leveraging appropriate security configuration options in KaptureCRM products.

  • GDPR
  • HIPAA
  • ISO

SECURITY COMPLIANCE

ISO

KaptureCRM is ISO 27001:2013 certified. The certificate is available for download here.

The policy and technical and organizational measures provided in this Data Security and Privacy attachment (DSP) apply to KaptureCRM Platform underlying applications, platforms, and management of infrastructure components operated by KaptureCRM.

Data Protection and Data Residency: The declaration of obligation or non- disclosure/confidentiality agreement applies to data protection, privacy of all shared data, trade secrets as well as social security data privacy. Furthermore, confidentiality agreements for employees and confidentiality agreements for external service providers would be distinguished.

This also helps to protect very real security risks including:

  • Breaches of confidentiality. For instance, information being given out inappropriately.

  • Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.

  • Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

  • The only people able to access data covered by this policy should be those who need it for their work.

  • Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.

  • In particular, strong passwords must be used and they should never be shared.

  • Personal data should not be disclosed to unauthorised people, either within the company or externally.

Security Policies

I. KaptureCRM will maintain and follow IT security policies and practices that are integral to KaptureCRM’s business and mandatory for all KaptureCRM employees, including contract personnel. II. KaptureCRM will review its IT security policies at least annually and amend such policies as KaptureCRM deems reasonable to maintain protection of the Cloud Services and Content processed therein.

Service Integrity

I. KaptureCRM will maintain policies and procedures designed to manage risks associated with the application of changes to its Cloud Services. Prior to implementation, changes to the Cloud Service, including its systems, networks and underlying components, will be documented in a registered change request that includes a description and reason for the change, implementation details and schedule, a risk statement addressing impact to the Cloud Service and its clients, expected outcome, rollback plan, and documented approval by authorized personnel.

II. KaptureCRM will maintain an inventory of all information technology assets used in its operation of the Cloud Service. KaptureCRM will continuously monitor the health and availability of the Cloud Service and underlying components. III. KaptureCRM will maintain measures designed to assess, test, and apply security advisory patches to the Cloud Service and its associated systems, networks, applications, and underlying components within the Cloud Service scope. Upon determining that a security advisory patch is applicable and appropriate, KaptureCRM will implement the patch pursuant to documented severity and risk assessment guidelines. Implementation of security advisory patches will be subject to KaptureCRM change management policy.

Kapture CRM recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on https://www.kapturecrm.com/ . This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

Kapture CRM is a property of Adjetter Media Network Private Limited, an Indian Company registered under the Companies Act, 2013 having its registered office at SAS Veer Building, 3M-123/A, First Floor East of NGEF Layout, Kasturi Nagar, Karnataka Bangalore – 560043

This also helps to protect very real security risks including:

This is a summary of our new privacy policy which takes effect on 05/07/2019. It covers every Kapture website that links here and all of the products and services provided by the website.

Our Privacy Commitment

Kapture has never sold your information to someone else for advertising, or made money by showing you other people's ads, and we never will. This has been our mindset and approach since we started. This policy tells you what information we do collect from you, what we do with it, who can access it, and what you can do about it.

KAPTURE IS COMMITTED TO PROTECT THE INFORMATION YOU PROVIDE US

Account and Sign up : When you sign up for a free trial or any of our services, we will ask for information like your name, contact number, company name, email address and country to complete the sign up process. If you sign up for a free trial account, we do not ask for you to enter your credit card information.

Registration and other form submissions : We collect information that you submit when you

  • Subscribe to our newsletter

  • Submit a form

  • Register for an event, submit a form in order to download any guides or books

  • Submit a form to request customer support.

Testimonials : When we get authorization from you to post testimonials about our products and service on website, we may add your name, designation and picture. If you want your testimonial to be removed, Please contact us at marketing@adjetter.com

HOW WE COLLECT INFORMATION

  • Contact Information : We might collect your name, email, mobile number, phone number and ip address.

  • Information you Post : We collect information you post in a public space on our website or on a third-party social media site belonging to Kapturecrm.com

  • Demographic Information : We may collect demographic information about you or any other information provided by you during the use of our website. We might collect this as a part of a survey also.

  • Other Information : If you use our website, we may collect information about your IP address and the browser you're using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.

HOW KAPTURE HANDLES INFORMATION

  • We collect information directly from you. We collect information directly from you when you register for a demo or subscribe. We also collect information if you post a comment on our websites or ask us a question through phone or email.

  • We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

  • We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.

  • We use information to contact you: We might use the information you provide to contact you for a sales pitch or for other promotional purposes

  • We use information to respond to your requests or questions. We use your information to check the interaction history and respond to you based upon your questions.

  • We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

  • We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.

  • We use information for security purposes. We may use information to protect our company, our customers, or our websites.

  • We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products we think you might find interesting

  • We use information to send you transactional communications. We might send you emails or SMS about your free trial account and demo scheduled.

Email Opt-Out

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please email unsubscribe to . It may take about ten days to process your request.

Article 27 GDPR Compliance

Information according to Art. 27 EU GDPR
Adjetter Media Network Private Limited is a company located outside of the European Union. In order to comply with Art. 27 juksta.eu has been nominated as our representative in the European Union. If you want to make use of your data privacy rights, please visit: Our public Privacy dashboard.

Third Party Sites

If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

Questions, Concerns or Complaints

If you have any comments or questions regarding our Privacy Policy or if you have any concerns regarding your Privacy, you can contact Kapture’s support at

DATA CENTER PHYSICAL SECURITY

Facilities

KaptureCRM hosts Service Data primarily in AWS data centers that have been certified as ISO 27001, PCI DSS Service Provider Level 1, and/or SOC 2 compliant. Learn more about Compliance at AWS.

AWS infrastructure services include backup power, HVAC systems, and fire suppression equipment to help protect servers and ultimately your data.

On-Site Security

AWS on-site security includes a number of features such as security guards, fencing, security feeds, intrusion detection technology, and other security measures. Learn more about AWS physical security.

Data Hosting Location

KaptureCRM leverages AWS data centers in the United States and Asia Pacific. Customers can choose to locate their Service Data in the US-only or EEA-only (only available for enterprise).

Dedicated Security Team

Our globally distributed Security Team is on call 24/7 to respond to security alerts and events.

Protection Architecture

Our network security architecture consists of multiple security zones. More sensitive systems, like database servers, are protected in our most trusted zones. Other systems are housed in zones commensurate with their sensitivity, depending on function, information classification, and risk. Depending on the zone, additional security monitoring and access controls will apply. DMZs are utilized between the Internet, and internally between the different zones of trust.

Network Vulnerability Scanning

Network security scanning gives us deep insight for quick identification of out-of-compliance or potentially vulnerable systems.

Intrusion Detection and Prevention

Service ingress and egress points are instrumented and monitored to detect anomalous behavior. These systems are configured to generate alerts when incidents and values exceed predetermined thresholds and use regularly updated signatures based on new threats. This includes 24/7 system monitoring.

Threat Intelligence Program

KaptureCRM participates in several threat intelligence sharing programs. We monitor threats posted to these threat intelligence networks and take action based on risk.

Logical Access

Access to KaptureCRM Network is restricted by an explicit need-to-know basis, utilizes least privilege, is frequently audited and monitored, and is controlled by our Operations Team. Employees accessing the KaptureCRM Network are required to use multiple factors of authentication.

Security Incident Response

In case of a system alert, events are escalated to our 24/7 teams providing Operations, Network Engineering, and Security coverage. Employees are trained on security incident response processes, including communication channels and escalation paths.

Encryption in Transit

All communications with KaptureCRM UI and APIs are encrypted via industry standard HTTPS/TLS (TLS 1.2 or higher) over public networks. This makes sure that all traffic between you and KaptureCRM is safe during the transit. Additionally for email, our product leverages opportunistic TLS by default. Transport Layer Security (TLS) encrypts and provides email securely, mitigating eavesdropping between mail servers where peer services support this protocol. Exceptions for encryption may include any use of in-product SMS functionality, any other third-party app, integration, or service subscribers may choose to leverage at their own discretion.

Redundancy

KaptureCRM employs service clustering and network redundancies to eliminate single points of failure. Our strict backup regime allows us to deliver a high level of service availability, as Service Data is replicated across availability zones.

Disaster Recovery

Our Disaster Recovery (DR) program ensures that our services remain available and are easily recoverable in the case of a disaster. This is accomplished through building a robust technical environment, creating Disaster Recovery plans, and testing activities.

Authentication Security

Customers can enable KaptureCRM authentication, social media sign-on and/or Enterprise sign-on for end-user and/or agent authentication.

Configurable Password Policy

KaptureCRM native authentication for products available through the Admin Center provides the following levels of password security: low, medium, and high, as well as set custom password rules for agents and admins. KaptureCRM also allows for different password security levels to apply to end users vs. agents and admins. Only admins can change the password security level.

2-Factor Authentication (2FA)

KaptureCRM native authentication for products available through the Admin Center offers 2-factor (2FA) for agents and admins.

Service Credential Storage

KaptureCRM follows secure credential storage best practices by never storing passwords in human readable format, and only as the result of a secure, salted, one-way hash.

SECURITY AWARENESS

Policies

KaptureCRM has developed a comprehensive set of security policies covering a variety of topics. These policies are shared with and made available to all or any employees and contractors with access to KaptureCRM information assets.

Training

All employees attend a Security Awareness Training, which is given upon hire and annually thereafter. All engineers receive annual Secure Code Training. the safety team provides additional security awareness updates via email, blog posts, and in presentations during internal events.

Background Checks

KaptureCRM performs background checks on all new employees in accordance with local laws. These checks also are required to be completed for contractors. The background check includes criminal, education, and employment verification. Cleaning crews are included.

Confidentiality Agreements

All new hires are required to sign Non-Disclosure and Confidentiality agreements.

WHAT IS SPAM?

Spam is unsolicited commercial email. KaptureCRM prohibits the use of its products and services in any manner associated with the transmission, distribution and delivery of spam. Any customer found to be using KaptureCRM’s products for sending spam will be found in violation of this policy and our Terms of Service. Consequences for violation of this policy include immediate account termination as well as liability for civil, criminal or administrative penalties and damages.

What is Prohibited by KaptureCRM?

In compliance with the U.S. CAN-SPAM Act and other global regulatory Acts, KaptureCRM prohibits the following:

  • Emails sent with invalid or forged headers

  • Use of KaptureCRM or other third party domain name to transmit email without consent.

  • Subject lines containing false or misleading information.

  • The use of harvested mailing lists or any list where the recipient has not given their prior consent.

  • Any other means of deceptive addressing and misrepresentation.

Anti-Spam Legislation

Global regulations empower many governments to enforce laws with similar requirements. Penalties can include fines and/or jail time. We reserve the proper to report the utilization of our services for spam to the relevant authorities necessary to guard our users.

How to Notify Us

If you've received any unsolicited email please notify us immediately at .

If KaptureCRM finds unauthorized or improper use, it may, all of sudden, take action in its sole discretion, including blocking messages from a specific Internet domain, mail server or IP address also as terminating any account found in violation of this policy.

Privacy

We are committed to your privacy. Please read the Privacy Policy for an explanation of how we collect, use, disclose, transfer, and store your information.

Please visit General Data Protection Regulation (GDPR) for information on KaptureCRM’s commitment to protecting the personal data of our customers.

Data Security & Service Policy

Our Data Security & Service Policy apply to KaptureCRM Platform underlying applications, platforms, and management of infrastructure components operated by KaptureCRM. Please read our Data Security & Service Policy for more information.

1. Definitions and Interpretation

In this Agreement, unless the context otherwise requires, the following capitalised words and expressions shall bear the meaning ascribed to them herein below:

  • 1.1. “Act” means the Indian Companies Act, 1956 as amended from time to time and includes any re-enactment thereof.

  • 1.2. “Affiliates” shall mean, with respect to any Person, any other Person directly or indirectly Controlling, Controlled by, or under common Control with such Person;

  • 1.3. “Business Day” shall means any day other than a Sunday or a day which is public bank holidays in India or in any other territory where the obligation under this Agreement are being fulfilled or are required to be fulfilled; or such other definition of “Business Day” as may be specified in any Schedule or Work from time to time.

  • 1.4. “Commencement Date” shall mean the date on which the installation is done and certified by customer. For avoidance of doubt, if this Agreement is executed in counterparts, than Commencement Date shall mean the date on which the last Party execute this Agreement.

  • 1.5. “Control” of any Person (including the terms “Controlling”, “Controlled by” and “under common Control with”) shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract or otherwise;

  • 1.6. “Effective Date” shall mean the date on which the software is installed and certified by the customer representative. For avoidance of doubt, if this Agreement is executed in counterparts or on different dates, then Effective Date shall mean the date on which the Last Party execute this Agreement.

  • 1.7. “Fees” shall have the same meaning as ascribed to such term in ANNEXURE 1 herein

  • 1.8. “Intellectual Property Rights” means any patents, trademarks, service marks, design rights (whether registerable or otherwise), domain names, applications for any of the foregoing, trade secrets, copyright, know-how, trade or business names and other similar rights or obligations whether registrable or not in any country in the world (including, but not limited to, India);

  • 1.9. “Technology Partner Service” shall mean the end-to-end CRM platform of the Technology Partner that enables the Customer to manage sales and marketing campaigns, capture and manage leads and run reports, among other things.

  • 1.10. “Person” shall mean any individual, partnership including limited liability partnership, corporation, trust, society or any other legal entity

  • 1.11. “Termination” shall have the same meaning as ascribed to it in Clause 7 of this Agreement.

2. Interpretations

  • 2.1. Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have corresponding meanings;

  • 2.2. All terms indicating gender would include both masculine and feminine gender;

  • 2.3. Words importing the singular include the plural and vice versa where the context so requires;

  • 2.4. Reference to enactment or statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the date of this Agreement) for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions;

  • 2.5. Unless the context of this Agreement/Deed otherwise require, the term “Recital” “Clause”, “Schedule” or “Annexure” refers to the specified Recital, Clause or Schedule or Annexure respectively of this Agreement;

  • 2.6. Unless the context of this Agreement otherwise require, reference to the word

  • 2.7. Where the definition not provided in this Clause but set out in a particular Clause or Schedule or Annexure or there is any inconsistency between the definitions set out in this Clause and the definitions set out in any Clause or Schedule or Annexure, then for the purposes of construing such Clause or Schedule or Annexure, the definitions set out in such Clause or Schedule or Annexure shall prevail;

  • 2.8. Any Schedule or Annexure to this Agreement/Deed shall take effect as if set out in this Agreement and references to this Agreement shall include its Schedules and Annexure;

  • 2.9. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of this Agreement or any part of it.

3. Subscription and Access to the Service

  • 3.1. The Technology Partner hereby grants to the Customer a non-sub licensable, non-transferable, non-exclusive subscription to access and use the Technology Partner Service, solely for the Subscriber’s internal business purposes. The Customer shall have access to the necessary support required to use the Services from time to time, without additional cost.

  • 3.2. The Customer will be provided with the Technology Partner Service as agreed between the Parties through simple user interface integration. All the data captured through the Technology Partner Service will be provided to the Customer in its account and multiple logins can be created to access such accounts on behalf of the Customer.

4. Scope of the Agreement

  • 4.1. The Customer hereby engages the Technology Partner to provide and to perform the Technology Partner Service for the Term subject to such terms and conditions as agreed hereunder.

5. Covenants of the Parties

    5.1. The Customer shall:

  • 5.1.1. Pay in a timely manner within the period set out in this Agreement, the amounts due to the Technology Partner as per the invoices raised by the Technology Partner from to time in respect of any and all Technology Partner Service rendered to the Customer.

  • 5.1.2. It is expressly agreed between the Parties that the obligation of the Customer to pay the Fees to the Technology Partner shall not in any manner be dependent on the payment to be received by the Customer from its end user.

    5.2. The Technology Partner

  • 5.2.1. Shall take all appropriate and reasonable efforts to provide the Technology Partner Service to the Customer in a timely and effective manner.

  • 5.2.2. The Technology Partner represents, warrants and covenants that (i) it has the right to enter into this Agreement;(ii) It has developed and owns the Technology Partner Service and all the intellectual property rights associated with it and has no reason to believe that, as of the date of this Agreement, the use of the Technology Partner Service as contemplated by this Agreement infringes any patent, trademark, trade secret, copyright or similar right of any third party; and (iii) The Technology Partner has no obligations to any third party that in any way limit or restrict its ability to license the Technology Partner Service in the manner provided herein.

  • 5.2.3. The Technology Partner guarantees an Up-Time of 99.6% and the service shall be available 24 hours a day through the web hosted solution.

6. Ownership and Title

The Customer shall solely own the rights to all data stored by the customer on the technology partner’s platform on their behalf.

7. Payment Terms

  • 7.1. In consideration of the Technology Partner Service, the Customer hereby agrees to pay the fees set forth in Annexure -1 (hereinafter referred to as the “Fees”) subject to the terms and conditions set out herein below

  • 7.2. The Customer shall pay the Technology Partner the Fees for the Technology Partner Service rendered to the Customer in respect of each Technology Partner Service. Accordingly, the Technology Partner shall raise an invoice/s for the Fees in respect of the Technology Partner Service rendered by it to the Customer.

  • 7.3. The Customer shall notify the Technology Partner in writing within 30 (Thirty) Business Days of receipt of invoice if the Customer Considers such invoice is incorrect or invalid (“Disputed Invoice”) for any reason and the reasons for withholding payment.

  • 7.4. In case an undisputed invoice of the Technology Partner remains unpaid beyond the due date, Technology Partner reserves the right to withhold all further Technology Partner Service until such time that Technology Partner has received the overdue amount.

If and to the extent the Technology Partner is required under Applicable Law to collect any ApplicableTaxes imposed by any applicable taxing authority, measured by or based on the Technology Partner Service provided under this Agreement, the Technology Partner shall include in the applicable invoice the Applicable Taxes as a separate line item and the Customer agrees to pay or reimburse such Applicable Taxes in addition to the charges and Fees for the Technology Partner Service.

8. Confidential Information

  • 8.1. Except as otherwise expressly provided in this Agreement, each party (the “Disclosing Party”) under this Agreement or any other agreement governed by the terms and condition of the this Agreement, may disclose trade secrets and confidential or proprietary information to the other Party (the “Recipient”), including but not limited to information concerning software, customers, contractual arrangements or other dealings, transactions or affairs, development plans or information like data, map, photos, records, technical information, guidelines and documentation relating to each party’s products, or business information, including, without limitation, operations, planning, marketing interests, products, customer information, customer database and any other reporting information, or any and all such Information, which is either marked “Confidential‟ or stated at the time of disclosure and subsequently confirmed in writing to be confidential, shall mean ”Confidential Information”, further provided.

  • 8.2. The Confidential Information is provided in oral form the same has to be condensed into writing within 7 days of such oral disclosure. Recipient agrees not to divulge Confidential Information received from the Disclosing Party to any of its employees who do not need to know it, and to prevent its disclosure to or access by any third party without the prior written consent of the Disclosing Party. This obligation will survive the termination this Agreement.

  • 8.3. Information will not be deemed Confidential Information here under if Recipient can show by clear and convincing evidence that such information: (a) was known to the Recipient prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of the Agreement by the Recipient; or (c) was independently developed by the Recipient as a matter of written record without reference to Confidential Information.

  • 8.4. The Recipient may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law, provided that it gives the Disclosing Party reasonable prior written notice to permit the Disclosing Party to contest such disclosure.

  • 8.5. Use of Confidential Information: Neither Party, nor any of their officers, employees or sub-contractors shall use any Confidential Information for any reason or purpose (including its own purpose) other than as necessary in regard to the Technology Partner Services. Both Parties agree to make no other use of any Confidential Information or to incorporate any Confidential Information into any other work or product not part of the Technology Partner Services. Further, both Parties agree that they shall not profit from any Confidential Information received by them from the disclosing Party in any unauthorized manner whatsoever.

  • 8.6.Data Protection and Security: Data Protection and Security: During the Term, the Technology Partner agrees to deploy several methods to prevent the unauthorized content viewing, copying, and accessing of any of the Confidential Information, which covers all material breaches including but not limited to preventing unauthorized access to platform, making an attempt to copy screens, workflow, system, report, inference, algorithms, concepts, Subscriber content in any form and/or Customer’s core business processes implemented on the Company platform. In order to ensure the security of the Confidential Information, the Technology Service Partner has enacted a confidentiality, security and safety framework.

  • 8.7.Data Protection: The Company undertakes and warrants to process and store the data in accordance with applicable laws of India.

  • 8.8.Non-Disclosure: During the Term and for a period of 3 years thereafter, each Party agrees to maintain all Confidential Information in the same manner and with the same protection as it accords to its own Confidential Information, but in no event using less than reasonable care, and to use such Confidential Information only as permitted under this Agreement. Each Party agrees to only disclose the other Party’s Confidential Information to its employees: (a) on a need to know basis; and/or to (b) consultants, advisors, agents, vendors, etc. who are informed of the nondisclosure/ non-use obligations imposed under this Agreement. Both Parties shall take steps as each determines appropriate to implement and enforce such non-disclosure/non-use obligations.

9. Representation and Warranties

Each Party represents, warrants to the other Party that the execution, delivery and performance of this Agreement, the compliance with its terms by such Party and the consummation of the transactions contemplated by this Agreement:

a. Shall not conflict with, result in any violation or breach of, constitute a default under or give rise to any right of termination of any instrument or agreement to which it is a party or by which it is bound;

b. Shall not require the approval or consent of any governmental authority; or

c. Has not resulted nor shall result in a violation of any applicable law.

  • 9.1. The Technology Partner represents and warrants that it owns fully and outright and possesses and has obtained all rights, approvals, licenses, consents and permission as are necessary to perform its obligations hereunder, exercise its rights hereunder.

10. Term and Termination

  • 10.1. This Agreement engages the Technology Partner to provide the Technology Partner Service for a period of 1 years (“Term”), from the Effective Date unless terminated earlier by the either party subject to the provision set out hereunder (“Termination”). Further, the either Party shall have the option to seek renewal of the Agreement with respect to the Technology Partner Service on a year to year basis after the expiry of the Term (hereinafter referred to as “Renewal Term”) by serving notice to this effect to the other party thirty (30) days prior to the expiry of the Term or the Renewal Term as the case may be.

11. Termination for Convenience

    11.1. Either Party (“Terminating Party”) may terminate this Agreement, by mutual agreement by providing written notice (“Termination Notice”) of such intention.

  • 11.1.1. This Agreement shall stand terminated on the Thirtieth (30th) day after receipt of Termination Notice by the other party.

    11.2. Termination for Breach

    Either Party (“Non-Breaching Party”) may terminate this Agreement by reason of breach (“Termination for Breach”) by the other Party (“Breaching Party”) of any of its obligations hereunder. In such case, Non-Breaching Party may give written notice of termination (“Breach Notice”) to the Breaching Party with clear reason of such termination. Breaching Party shall have Thirty (30) Business Days to cure such breach of obligation from the receipt of Breach Notice.

    For avoidance of doubt and for purpose of this Agreement, Breach Notice shall construe to be received by the Breaching Party, three (3) Business Days after Non-Breaching Party have put such Breach Notice in transit.

    If Breaching Party fails to cure the breach within Fifteen (15) Business Days from the receipt of Breach Notice, this Agreement shall stand terminated, unless Waived by Non-Breaching Party in writing. Such waiver shall also contain any condition if any for such waiver.

12. Termination for Cause

    12.1. Notwithstanding anything contained in this Agreement, Either Party(“Terminating Party”) may terminate this Agreement (“Termination for Cause”), with immediate effect, by providing written notice (“Cause Notice”), to the other Party (“Non-Terminating Party”) on the happening of any of the events mentioned below:

  • 12.1.1. In any event happens which makes the performance of obligation of either parties under this Agreement impossible

  • 12.1.2. If either Party is in process of dissolution or liquidation or wound up according to the laws of India or either Party is declared insolvent or bankrupt by the competent authority.

  • 12.1.3. In case of change or enactment of any laws, that makes the performance of the Technology Partner Service unviable in the opinion of the Technology Partner.

  • 12.1.4. In case of a Force Majeure Events that persists for a period of sixty (60) days or more.

13. Date of Termination

    13.1. For purpose of this Agreement, the date of Termination (“Date of Termination”) shall mean:

  • 13.1.1. If the termination is caused due to expiry of Term, the date on which the Term expires.

  • 13.1.2. If the termination is caused by mutual agreement, on the Thirtieth (30th) day after receipt of Termination Notice;

  • 13.1.3. If the termination is caused due to the Termination for Breach, on the Thirty (30) day of the Breach Notice if the Breaching Party fails to cure the Breach.

  • 13.1.4. If the termination is caused due to the Termination for Cause, the date of receipt of such notice by Non-Terminating Party.

14. Effect of Termination

  • 14.1. Within 30 days from the Date of Termination, the Technology Partner shall submit to the Customer, the complete statement of work done by the Technology Partner towards the Technology Partner Service.

  • 14.2. If the Agreement is terminated due to the default of the Customer, the Customer shall within a period of 15 days from the Date of Termination, refund to the Technology Partner, any amount, which the Customer owes to the Technology Partner, which related to the performance of the Technology Partner Service that is the subject matter of this Agreement or which is otherwise due from the Customer to the Technology Partner Service.

  • 14.3. Shall return all the Confidential Information and proprietary information which is owned by the Customer, subsequent to such return in case the Technology Partner has other copies of the Confidential Information and proprietary information in forms which can’t be returned to the Customer, the Technology Partner shall destroy all such records of the Confidential Information. The Technology Partner shall provide the Customer of such destruction.

15. Customer Support Help Desk

Any issue/incident needs to be registered through Phone/Email. Toll Free Phone Number at 8884001231. Email:

16. Governing Laws and Settlement of Disputes

  • 16.1. Governing Laws

    The Agreement shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory, injunctive relief or relief of specific performance, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Court of city of Bangalore, State of Karnataka, Republic of India only.

17. Amicable Settlement

  • The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement or the interpretation thereof.

18. Governing Laws and Settlement of Disputes

  • 18.1. Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this Agreement (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (“Dispute”) shall, in the first instance be attempted to be resolved amicably in accordance with the conciliation procedure set forth in Clause18.2.

    The Parties agree to use their best efforts for resolving all Disputes arising under or in respect of this Agreement promptly, equitably and in good faith, and further agree to provide each other with reasonable access during normal business hours to all non-privileged records, information and data pertaining to any Disputes.

  • 18.2. Conciliation

    In the event of any Dispute between the Parties, either Party may call upon the other Party for amicable settlement, and upon such reference the said persons shall meet no later than 7 (seven) Business Days from the date of reference to discuss and attempt to amicably resolve the Dispute. If such meeting does not take place within 7 (seven) Business Days or Dispute is not amicably settled within 10 (ten) Business Days of the meeting or the Dispute is not resolved as evidenced by the signing of written terms of settlement within 15 (fifteen) Business Days of the notice in writing referred to in Clause 14.2 or such longer period as may be mutually agreed by the Parties, either Party may refer the Dispute to arbitration in accordance with the provision of Clause 18.3.

  • 18.3. Arbitrationn

    Any Dispute which is not resolved amicably by conciliation, as provided in Clause 18.1, shall be finally decided by reference to arbitration by a Board of Arbitrators appointed in accordance with Clause 18.3 Such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

    The Parties shall mutually appoint a sole arbitrator. If the Parties fail to mutually appoint a sole arbitrator within 7 (Seven) Business Days of receipt of notice for resolution of Dispute by arbitration (“Arbitration Notice”), then each of the Party shall appoint one arbitrator and a third arbitrator shall be appointed by mutual agreement of the first two arbitrators so appointed by the Parties.]

    The Arbitration Notice shall have the detail of Dispute to be resolved by the arbitration.

    The venue of such Arbitration shall be city of Bangalore, India and language of Arbitration shall be English.

    The arbitrators shall make a reasoned award (the “Award”). In absence of fraud any Award made in the arbitration held pursuant to this Clause 8 shall be final and binding on the Parties as from

    the date it is made, and the Technology Partner and the Customer agree and undertake to carry out such Award without delay.

    The Parties agree that an Award may be enforced against the either Party, as the case may be, and their respective assets wherever situated.

    This Agreement and the rights and obligations of the Parties shall remain in full force and effect, pending the Award in any arbitration proceedings hereunder.

    The Arbitrator(s) appointed by the Parties as provided in Clause above in this shall also provide in the Award as to who will bare the cost of arbitration.

    Notwithstanding anything herein to the contrary, nothing contained in this Clause, shall prevent any Party from seeking and receiving injunctive relief or relief of specific performance or any other interim measures if and to the extent that such relief or measures are available under the Indian laws.

19. Miscellaneous

  • 19.1. Severability

    If any provision of this Agreement is declared invalid, illegal or unenforceable, then such provision shall be deemed automatically adjusted to conform to the requirements for validity at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included. If the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed] deleted from this Agreement as though the provision had never been included. In either case, the remaining provisions of this Agreement shall remain in effect unless the adjustment or deletion renders the remaining Agreement in violation of the original intent of the parties.

  • 19.2. Entire Agreement

    This Agreement together with the Annexure, Schedules constitute the entire Agreement between the Parties hereto as to the subject matter hereof and supersedes all prior discussions or understandings, whether written or oral, between the Parties hereto and neither Party shall be bound by any conditions, definitions or representations with respect to the subject matter of this Agreement other than as expressly provided for herein or duly set forth on or subsequent to the date hereof in writing and signed by the proper and duly authorized representatives of the Parties hereto.

  • 19.3. No assignment

    This Agreement shall inure to the benefit of, and be binding upon, the parties hereto, together with their respective legal representatives, successors, and assigns. However, neither this Agreement nor a party's rights or obligations under this Agreement may be assigned, sublicensed, sold, mortgaged, or pledged by that party without the prior written consent of the other party.

  • 19.4. This Agreement shall be binding on the Parties and their respective successors (by merger, acquisition or otherwise) and assigns, but neither Party may, nor has the power to, assign this Agreement without the prior written consent of the other.

  • 19.5. Assignment and Sub-contracting

    Neither Party shall without the consent in writing of the other Party have the right to assign the benefits or obligations or both of this Agreement or any part.

  • 19.6. Modification

    This Agreement may be amended only by a subsequent writing that specifically refers to this Agreement and is signed by both the Parties, and no other act, document, or usage shall be deemed to amend this Agreement.

  • 19.7. Counterparts

    This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute a single agreement.

  • 19.8. Waiver

    Neither party shall by mere lapse of time, without giving notice or taking other action hereunder, be deemed to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other shall not be construed as or constitute a continuing waiver of such breach or of other breaches of the same or other provisions of this Agreement.

  • 19.9. Force Majeure Events

    Neither Party shall be liable to the other for any default or delay in performance of its obligations under this Agreement to the extent such default or delay is attributable to events beyond the reasonable control of such Party. Such events (the “ForceMajeure Events”) shall include acts of God, fires, explosions, accidents, unusually severe weather conditions, embargoes, wars, riots, labor disputes, strikes, governmental requirements, and any other similar events. The Party affected by such an event shall, promptly upon learning of such event and ascertaining that it has or will affect its performance hereunder, give notice to the other Party, stating the nature of the event, its anticipated duration and any action being taken to avoid or minimize its effect.

  • 19.10. Relationships between the Parties

    The Technology Partner and the Customer are independent contractors. Neither party is an employee, agent or representative of the other party. Neither party shall have the right, power or authority to enter into any agreement for or on behalf of the other party, or to incur any obligation or liability or otherwise bind the other party. This Agreement does not create a joint venture or partnership between the parties nor impose any partnership liability upon either party.

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