Privacy Policy

Introduction

The purpose of this privacy policy (“Privacy Policy”) is to set forth how the Amsha Technologies Private Limited, (“Company”, “us”, “we”, “our”) collects, uses, and maintains Information (as defined hereafter) about the Users (“you”, “your”) through the Company’s website available at www.amshatech.com (“Website”). Capitalised terms not defined herein shall have the same meaning as those ascribed to them in the Terms of Use available at www.amshatech.com.

We recognize the importance of your privacy, and we are committed to ensuring that you are aware of how your Information is being used. Please read this Privacy Policy carefully. Your use of the Website is also governed by our Terms of Use.

If you do not understand any aspects of our Privacy Policy, please feel free to contact us at [insert]. Please access/use the Website only if you agree with our policies and practices encapsulated in this Privacy Policy and the Terms of Use. Your use or access of the Website shall constitute your consent to the terms of this Privacy Policy and you shall be bound by the same.

Applicability of the policy

This Privacy Policy shall apply to all Information the Company collects from the Website including but not limited to any information you may submit through the Website or e-mails that you exchange with the Company. The Privacy Policy does not apply to, nor does Company take any responsibility for, any information that is collected by any third party either using the Website or through any links provided on the Website or through the payment gateway featured on the Website.

Nature Of Information Collected And Manner Of Collection

The Company may collect different types of information, via your use of the Website, which is collectively hereinafter referred to as “Information”. This Information could be of the following types:

“Sensitive Personal Information” – information such as the permanent account number (PAN) of the users located in India, who donate through the payment gateway featured on the Website;
“Personally Identifiable Information” – information that could be used to identify you such as your name, email address, location and other similar information including any Information;
“Non-Personal Information” – information that cannot be used to identify you such as the webpages that you have viewed and your usage patterns;
“Device Information”- information which is automatically collected about the operating system or version of the system from which the Application is used.

You are responsible for ensuring the accuracy of any Information you submit through the Website. Inaccurate Information may affect your ability to use the Website, the Information you receive when using the Website, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.

You understand that the Information collected by Company may be collected directly or through automatic tracking of your usage of the Website through the use of cookies or other tracking technologies. The data automatically collected may include your name and usage information such as details of your computing and/or communication device location. You may decline these cookies by changing your website settings, if permitted. However, do note that this may impact certain features of the Website.

Use of Your Information

The Information that we collect on the Website will be used for the following purposes:
Internal purposes to understand the background of the Users;
Correspondence/communication with you pursuant to your use of the Website;
To provide you with information, Services and emails where you have consented to be contacted for such purposes;
To notify you about changes to the Website, this Privacy Policy or the Terms of Use;
Processing your donations to the Company;
For analytical purposes, including but not limited to assessing usage data, usage patterns, estimate audience sizes and other similar activities to evaluate the Website;
In any other manner we may describe when you provide the Information.

Except as otherwise provided herein, no Sensitive Personal Information or Personally Identifiable Information will be published, disclosed or shared with any third party without your express consent.

Please do not include or submit any Sensitive Personal Information or Personally Identifiable Information unless specifically requested by the Website. If Company determines that any Information you have provided or uploaded violates the terms of this Privacy Policy, Company has the right, in its absolute discretion, to delete or destroy such Information without incurring any liability to you.

You agree to your Personally Identifiable Information being used by us in order to contact you and deliver information or administrative notices and any other communication relevant to your use of the Website. If you do not wish to receive these communications, you may at any time inform the Website using the e-mail address [insert].

Disclosure of Your information

We consider the confidentiality and security of your Information to be of the utmost importance. We will use industry standard physical, technical and administrative security measures to keep your Information including the Sensitive Personal Information and the Personally Identifiable Information, confidential and secure and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless we have a good faith belief that such disclosure is necessary in special cases, such as in compliance with legal/ regulatory requests, to address fraud, security or technical issues or a physical threat to you or other Users. By providing any Information on the Website, you consent to the Company providing such Information to any governmental, law enforcement or regulatory authorities who exercise jurisdiction over Company and the Website, upon receiving an order to do so under applicable law.

Company cannot guarantee the security of such Information because there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your Information through the Website may be intercepted.

We may disclose your Information to our agents, employees, advisors and affiliates who require the Information for the purposes of operating and maintaining the Website and for facilitating your use of the Services offered on the Website.

Data Retention

The Company may retain Information, for such length of time as may be required, in order for us to provide the concerned User with Services, comply with legal obligations, resolve any disputes that may arise, enforce its rights arising out of agreements with Users, and/or for such period as may be required by legislations/orders of regulatory authorities to which Company is subject.

International Privacy Rights

Company’s websites are operated and managed on servers that may be located and operated in different jurisdictions. By using and accessing the Website, you consent to the transfer and processing of your Information including the Personally Identifiable Information, on servers that may be located in a jurisdiction different from where you are located, and that the protection of such Information may be different than required under the laws of your residence or location.

Data Security

The Information that you provide, subject to disclosure in accordance with this Privacy Policy and Terms of Use, shall be maintained in a safe and secure manner. Company’s databases and Information are stored on secure servers with appropriate firewalls owned by Company or by third parties.

While the Company will use all reasonable efforts to ensure that your Information is safe and secure, it offers no representation, warranties or other assurances that the security measures are adequate, safe, fool proof or impenetrable.

Do note however, the Company reserves the rights to save any Non -Personal, Device Information and usage Information and you are not entitled to seek the deletion of the same.

Amendments to the Privacy Policy

This Privacy Policy is subject to change at Company’s sole discretion. Any changes to the Privacy Policy will be notified on the Website.

Terms of Use

This Privacy Policy shall form a part of the Terms of Use.

Terms of Use

The following terms (“Terms of Use” or “Terms”) govern your (“User” or “you” or “your”) access, viewing or use of the Amsha Technologies Private Limited’s website available at www.amshatech.com (“Website”) and the services provided therein (“Services”). You hereby agree and acknowledge that the Website and the Services are being made available to you by Amsha Technologies Private Limited having its registered office at 277, LIG Flats, Hastsal, PO Uttam Nagar, New Delhi 110059 (“Company”) pursuant to this Terms of Use and all applicable laws.

The date on which this Terms of Use become binding on you is the date on which you access the Website or use any Services therein (“Effective Date”).

By using, viewing or accessing the Website, you hereby: (a) acknowledge that you have read and understood these Terms of Use and the Privacy Policy (as defined below) and will comply with these Terms; and (b) represent that you are legally competent to enter into a binding agreement.

We may modify the Terms of Use, any time by posting the changes on the Website without giving you any notice. Your continued use of any Services after the new and/or revised Terms are effective, indicates that you have read, understood, and agreed to those Terms. If you do not agree to the existing or revised Terms of Use, you should not use, access or view the Website.

Definitions

Intellectual Property Right means and includes, without limitation, any patents, copyrights, trademarks, trade secrets, service marks, designs, database right, design right, moral right or any other property rights that grant similar rights as the foregoing, whether registered or not;
Privacy Policy shall mean the privacy policy of the Website available at www.amshatech.com;
Proprietary Information means (i) the Website, (ii) the concepts, techniques, ideas, and know-how embodied and expressed on the Website, including its design, structure, sequence, and organization; and (iii) any inventions, customisations, performances, software, databases and methodologies in any manner related to the Website;
Use or Used means your, direct or indirect, access of the Website, and/or your execution, access, utilization of the Services, or displaying of information resulting from such use;
User Data means the User’s name, location, email, phone number and other relevant information shared by you in the course of Using the Website;

Grant of Right to Use, Intellectual Property Rights, Prohibited Uses

Company hereby grants you a revocable, non-exclusive, non-transferable, limited right to Use the Website to avail the Services, for the Term, subject to the other terms of this Terms of Use.
The Parties agree that you shall at all times retain the title to and the Intellectual Property Right over the User Data.
Without prejudice to Clause 2(ii) above, the Company shall not be restricted (a) from collecting, storing, analysing and using the data related to the Use of the Website and the Services by you; and (b) from analysing the User Data on a pseudonymised basis, for enhancing the capabilities of the Website and Services, tracking your usage of the Website and Services, tracking Website performance, and Website development. Such data shall be Company Proprietary Information.
Company shall adhere to reasonable security measures deemed appropriate by Company, for the commercial deployment of the Website including, without limitation, using reasonable measures to secure the User Data from unauthorised access and modifications.
You acknowledge that between you and Company the ownership of and title in and to all Intellectual Property Rights on the Website, Services and the Proprietary Information, are and shall remain with Company.
Prohibited Uses: You shall not: (i) Use the Websites and Services except as provided in this Terms of use or in any manner which is illegal or unethical; or (ii) copy any features, functions or user interfaces/graphics of the Websites; or (iii) commit or permit the commission of any Abuse. Abuse means in your access and Use of the Website (i) to initiating denial of service (including DoS attack) or attempt to introduce malicious code; (ii) building applications that interact with, or combine applications with, the Website which negatively affect the performance of the Website; (iii) for commercial purpose or in a manner that is not consistent with the objectives of this Terms of use.

Warranty

You hereby warrant that you have all necessary authority, approvals and consents to share the User Data with us.
YOU HEREBY UNDERSTAND AND ACKNOWLEDGES THAT COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE OR THE SERVICES SHALL COMPLY WITH, ADHERE TO OR BE FIT FOR, YOUR REQUIREMENTS. BY ALLOWING USE OF THE WEBSITE AND SERVICES, COMPANY DOES NOT UNDERTAKE ANY RESPONSIBILITIES FOR ANY LIABILITIES OR CONSEQUENCES THAT MAY ARISE OUT OF SUCH USE. COMPANY IS NOT RESPONSIBLE FOR ANY FAILURE OF ANY LINKS UTILISED BY YOU TO GAIN ACCESS TO AND USE THE WEBSITE AND/OR SERVICES OR ANY PAYMENT LINKS USED ON THE WEBSITE. COMPANY DOES NOT REPRESENT THAT THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTEDLY AVAILABLE OR BE ERROR FREE. COMPANY HAS NO CONTROL OVER THE USER DATA UPLOADED OR GENERATED BY YOU IN THE USE OF THE WEBSITE AND SERVICES. COMPANY UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY USER DATA INPUTTED BY YOUR USE OF THE WEBSITE AND SERVICES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS AND EXPRESSLY WAIVES ALL OTHER CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF COMPANY OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE.

Limitation of Liability

Company shall not be responsible under this Terms of Use (i) if the Website and Services are not Used in accordance with the provisions of this Terms; or (ii) if a defect is caused by your computing environment, or (iii) by interfacing third-party software not authorized by Company.
IN NO EVENT SHALL COMPANY BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY CLAIM, LOSS INCLUDING LOSS OF PROFITS, BUSINESS, CONTRACTS, DATA, REVENUES, LOSS OF OPERATION TIME, LOSS OF GOODWILL OR REPUTATION, OR FOR ANY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS TERMS OF USE.
COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER OR IN RELATION TO THESE TERMS OF USE, WHETHER IN CONTRACT OR TORT WILL NOT EXCEED INR 100.

Indemnity

You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any third party intellectual property infringement claim arising from your Use of the Website and Services in violation of this Terms of use or any applicable laws or regulations; (ii) any third party intellectual property infringement claim arising from Company’s use of the User Data shared by you.

General Clauses

You may not assign your rights, claims or other entitlements under this Terms of Use without a prior written consent from Company.
This Terms of use shall be governed by and construed in accordance with the laws India, without regard to its conflict of laws principles and all disputes arising out of this Terms shall be exclusively referred and resolved by the competent courts at Mumbai, India.
No waiver of any breach of any provision of this Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Terms of Use. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving Party.
If any of the terms in this Terms of Use are held to be invalid, such term shall to the extent of the invalidity be severed from the remaining terms which shall continue to be valid.
All notices and other communications made or required to be given under this Terms of Use shall be in writing and shall be deemed given upon receipt at the address as provided for in the title of this Terms of Use.
Modifications to this Terms of use will be on the sole discretion of the Company and requires no further consent.
The Company hereby clarifies that it does not offer any goods or services as set forth in Article 3(2) of the General Data Protection Regulation (GDPR). Thus, the GDPR shall not be applicable to the Company and the Website.