1. INTRODUCTION
We, Tersh technology Private Limited, are a company registered under Companies Act 1956, having its office at 210, Nerul Railways Station Complex, Nerul West, Navi Mumbai, Maharashtra 400706
We provide products and services related to Account, inventory and CRM to registered corporate users through online private hosting spaces or public market place platforms like Microsoft Azure market place (Platform/ Mobile Application”). References to “Corporate User” shall refer to you i.e. the Corporate entity and their representatives who are accessing, viewing and/or consuming the Products and Services in any manner and who have executed a valid Agreement with us for availing such Products and Services.
We respect all the Personal Information, as defined hereinbelow, that is entered onto our systems by all representatives of Corporate Users who use/ access or avail our Products and Services.
For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify a person, including but not limited to all such name, address, telephone/mobile number, e-mail address, login id, password, age, gender, family details, birth date, educational qualification, information in relation to a person’s business, banking or occupation.
This privacy policy (“Privacy Policy”) describes our policies for using and disclosing any Personal information which is shared with us by you as a corporate user during the course of availing the Products and Services[1].
This Privacy Policy shall be read along with our Agreement for availing Service or Product terms and conditions, as updated from time to time. All the capitalised terms used in the Privacy Policy shall have same meaning as provided in the Agreement for availing Products/Services.
2. INFORMATION WHICH IS PROVIDED
This Privacy Policy applies to any Personal Information that is provided by the Corporate Users about any end consumers of Corporate Users or any other Personal Information that may be collected by us, while providing Products or Services. For the provisions of availing the Products or Services, Corporate User is required to register with Us by using the sign-up option available (“User Account”). During the registration process and thereafter, Corporate User may be required to share/upload certain Personal Information.
3. COOKIES
We may set “cookies” on the use by Users. Cookies are small encrypted files, that a site or its service provider transfers to Your computer’s hard drive through Your web browser that enables the site’s or service provider’s system to recognize Your browser and capture and remember certain information to enhance Your experience and cater to Your needs better.
4. DISCLOSURES
We may use the uploaded data, in an aggregated manner, that would not personally identify any party, for enhancing the quality of our Products and Services. Keeping in mind the rules regarding Privacy Policy, we may disclose Personal Information to third parties in the following circumstances-
Administrators – We may provide access to User’s Personal Information to any of our authorised administrator for an internal business purpose, who shall be under confidentiality obligations towards the same.
Legal and regulatory authorities – We may be required to disclose Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Personal Information to law enforcement officers or others, in the good faith and belief that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of us, our Users or the general public. Corporate User agrees and acknowledges that we may not inform prior to or after disclosures made according to this section, as directed by the relevant law enforcement authority. Along with Personal Information we may, if required under applicable law, disclose other information which shall include but not limited to browser and device information, app usage data, pixel tags and other technologies, demographic information and other information provided by Corporate User.
Persons who acquire our assets or business –We may transfer Personal Information if we are acquired by / we acquire or merge with another entity or transfer a part of our business to a third party. Any third party or resultant entity that receives Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use Personal Information as defined herein. In the event of such a sale or transfer, we reasonably notify the Corporate User.
5. Alliances
In 2022, our company merged with PnQ Technologies ("PnQ"). Together, we aim to provide seamless and high-quality services to our clients. This privacy policy outlines how we manage, use, and protect your personal information.
6. DISCLOSURES
We may use the uploaded data, in an aggregated manner, that would not personally identify any party, for enhancing the quality of our Products and Services. Keeping in mind the rules regarding Privacy Policy, we may disclose Personal Information to third parties in the following circumstances-
Administrators – We may provide access to User’s Personal Information to any of our authorised administrator for an internal business purpose, who shall be under confidentiality obligations towards the same.
Legal and regulatory authorities – We may be required to disclose Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Personal Information to law enforcement officers or others, in the good faith and belief that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of us, our Users or the general public. Corporate User agrees and acknowledges that we may not inform prior to or after disclosures made according to this section, as directed by the relevant law enforcement authority. Along with Personal Information we may, if required under applicable law, disclose other information which shall include but not limited to browser and device information, app usage data, pixel tags and other technologies, demographic information and other information provided by Corporate User.
7. DATA RETENTION
As discussed mutually with the Corporate Users, We may retain and use any such Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain Personal Information as below:
as long as it is reasonably required by or otherwise permitted by applicable law or regulatory requirements even after Corporate User’s account is terminated.
so long as it is necessary to fulfil the purposes for which it was collected (including for purposes of meeting any legal, administrative, accounting, or other reporting requirements).
Any Personal Information is safeguarded against inappropriate access and disclosure, as per this Privacy Policy. Consistent with these requirements, we will try to delete such Personal Information, upon reasonable request. We may also need to retain certain data for recordkeeping purposes as far as required as per statutory guidelines and need of the nature of the business, and there may also be residual information that will remain in our databases and on other records, which will not be removed. Please note that there might be latency in deleting the Personal Information from our servers and backed-up versions. In addition, we do not delete from our servers’ files that you have in common with other users.
8. SECURITY
We value any such Personal Information; we will ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting any such Personal Information from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate. All Personal Information is securely stored with controlled Personal Information base on the Platform or as may be mutually discussed with the Corporate User. As a matter of security and if so requested by the Corporate User, we may take back-up of systems periodically. Although we provide appropriate firewalls and protections, our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liabilities or responsibilities for it.
Corporate User is responsible for all actions of its User account and password. Therefore, we do not recommend that Corporate User should not disclose Your password to any third party. If Corporate User choose to share its user account and password or any Personal Information with third parties, it shall be solely responsible for the same. If Corporate User lose control of its password, it may lose substantial control over any such Personal Information and may be subject to legally binding actions.
9. COLLECTION OF NON-PERSONAL INFORMATION
We may automatically collect non-personal information about Corporate User such as the type of internet browsers or the platform from which Corporate User linked for our Product and Services. We may also aggregate details which Corporate User have submitted to Us. Corporate User cannot be identified from this information and it is only used to assist us in providing an effective Service..
The details related to the aggregation of information provided by Corporate User shall be used for our reference.
10. INTERACTION BETWEEN YOU AND US
We are interested in Corporate User’s views, and we value the Feedback (defined below) we receive from you. We encourage Corporate User to be careful regarding the Personal Information, if any that may be disclosed while providing Feedback.
Subject to any applicable law, any communication or feedback sent by Corporate User (including without limitation testimonials, contents, images, audio, feedback etc. collectively “Feedback”) is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for purpose. We can use the feedback including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation marketing services. Corporate User agrees it will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, etc) and you hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of you as the source of the Feedback.
11. ACCESSING AND MODIFYING PERSONAL INFORMATION
In case Corporate User need to access, remove, review, and/or make changes to the Personal Information that you have provided us, you may do so by logging into your Corporate User account. Corporate User may change the information and shall submit such proof regarding the change.. Corporate User understands that the we shall not verify or authenticate the changes made to any such Personal Information made and therefore Corporate User takes entire responsibility of such changes. We may also send you any legally required notifications and certain notifications, including but not limited to, Service related notices or notices regarding a change to any of our policies. In order to opt-out of receiving these notices, you may do so by writing an email to us. You can opt out of certain e-mail communications from us, including our newsletters, if any, advice on networking. We will not change your preferences without your consent.
12. THIRD PARTY LINKS
We may have links to other websites, or you are referred through a link from another website. We shall not be responsible for the privacy policies and practices of such websites. The content is subject to their terms of use and any additional guidelines and privacy information provided in relation to that use on their website.
We recommend that you check the policies of each website you visit to better understand your rights and obligations especially when you are submitting any type of content on those third-party websites. Please contact the owner or operator of such website if Corporate User have any concerns or questions.
13. INDEMNIFICATION
In addition to the indemnification commitment provided in Agreement, Corporate User agrees to indemnify us, our partners, affiliates, officers, agents and employees and hold us harmless from and against any claims and demand, including reasonable attorney’s fees, made by any third party due to arising out of or relating to:
inaccuracies and/or incorrections of Personal Information and contents that Corporate User submits
to Us;
Corporate User’s violation of the terms of this Privacy Policy;
Corporate User’s violation of any rights of another User.
14. LIMITATION OF LIABILITY
We will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of Your Personal Information) and for use of or inability to use Products and Services of any kind that is offered or to provide indemnity or any other remedy to Corporate User or any third party.
15. RESERVATION OF RIGHTS
All rights not expressly granted in this Privacy Policy are reserved by us. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right or any other person or to Corporate User.
16. GOVERNING LAW AND DISPUTE
This Privacy Policy is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information; other relevant laws, and policies of Platform. The Governing Laws in whatsoever case shall be Indian Laws and regulations and Mumbai, Maharashtra, India shall have exclusive jurisdiction over such disputes.
17. CHANGES TO THIS POLICY
From time to time we may make changes to this Privacy Policy. If we make any substantial changes to this Privacy Policy and the way in which we use Corporate User Personal Information we will post these changes on this page and it shall be Corporate User’s responsibility to be aware of any significant changes. Please check our Privacy Policy on a regular basis. We may also have to make certain changes basis the requirement of the Platform.
18. CONTACT US
Any Corporate User authorized representatives may write to us at admin@tershtechnology.com for seeking clarifications or concerns on this Privacy Policy.
19. ADDITIONAL CONDITIONS FOR USERS OUTSIDE INDIA
Corporate User agrees and acknowledges that the We provides Services in India. There are certain privacy related regulations applicable to certain specific geographies outside India, such privacy related regulations may not be applicable in India.
I ACCEPT
[1] In case the Products and Services are availed from a separate online platform, then the platform may have its privacy policy separately and You shall be separately bound by the same.