As a part of our ongoing efforts to provide the best and secure service to you, we have been working to ensure on compliance with EU-GDPR (https://www.eugdpr.org) and are glad to share that Kwench is now fully compliant. For this purpose we have updated some of our policies and we request you to please read the policies and accept them to proceed further.
May 31, 2018
Kwench Global Technologies Private Limited (“Kwench”) (www.myperks.in,
www.kwench.in, www.kwench.com, bots.kwench.com)
(“Web site” or “Platforms” or “Bots”) aim to protect your personal information and ensure that you
continue to trust us with your personal data. When you interact with us, you may share your personal
information with us which allows us to determine your identity as an individual (e.g. name, email,
address, telephone number, login user names, passwords etc.). This policy applies to the personal data
that we collect for the purposes of providing you our valuable services and an enhanced user experience
on our Platforms ("Policy").
This Policy is applicable to you if you have created an account on our Platform through your employer and if you share your personal information through your employer or directly with Kwench. Further, this policy is applicable to you in accordance with your local laws and regulations.
Kwench reserves the right to make changes to this Policy at any time, which shall be duly informed to you via notification on the Platforms. We encourage you to regularly review this Policy to ensure that you are aware of changes made to it from time to time.
What data we collect
Kwench may through your employer collect your personal data, including, inter alia, name, age, sex, date of birth, email, delivery address, telephone number, login user names, passwords, and your "Official Data", including, inter alia, department, designation, location, country, reporting manager, business unit, business/location human resource contact, date of joining, grade or level, cost center code, legal entity name, details of employer (collectively, "Personal Data" ) from the following sources for the purpose of providing you our valuable services and an enhanced user experience on our Platforms:
(a) Documents and information voluntarily submitted by you to your employer or Kwench;
(b) Your interactions with us through website, mobile applications or text messaging programs;
(c) Our communications with your employer.
Further, Kwench may use certain technical information that does not permit the identification of an individual and which may be collected during your access or use of the Web sites, such as, log data, analytics code, IP address, version and identification number of the device, browser type, browser language, date and time of your requests, your profile, web sites/ links visited by you, search terms used (collectively, "Anonymous Data").
How we store your Personal Data
Your Personal Data shall be securely stored on servers hosted by reputed Internet Service Provider ("ISP") or Cloud Service Provider ("CSP") meeting the prescribed industry security standards. Such ISP or CSP shall be responsible to keep your Personal Data secure at all times and adopt such technical measures as may be required to meet your reasonable expectation of privacy.
Why we collect and process your Personal Data
Kwench as a data processor collects and uses your Personal Data in accordance with the Work Statement of the Agreement, to help your employer engage its employees through various initiatives at work such as learning, recognition and rewards, wellness, collaboration, communication, social causes and such other initiatives that support/further the mission, goals, values and initiatives of your organization and provide other related services. For the above purpose only, Kwench may use your Personal Data:
(a) notify you regarding activities on the Platforms, updates related to various programmes or initiatives that your employer may consider beneficial to its employees and matters incidental thereto.
(b) to notify you about functionality and changes on our Web sites, new services and special offers that you may find of value.
(c) to create and maintain your accounts with Kwench, including your transaction details on the Platforms that are associated with your account.
Whether we make marketing communications
Except as otherwise consented by you, Kwench does not sell or otherwise release your Personal Data to third parties to allow them to direct market their products and services to you, identify who you are or remember where you’ve been on the internet. However, Kwench may use your Personal Data and/or Anonymous Data to provide you with relevant marketing communications such as information about Kwench, its products and services, competitions and promotions based on your activities on our Platforms. In case you do not wish to receive such marketing information, please email us at firstname.lastname@example.org or email@example.com
When we can disclose/ share your Personal Data
Kwench shall not disclose your Personal Data to any third party for any reason whatsoever, without your express consent to that effect. However, your Personal Data may be disclosed to or shared with a third party without your consent under the following circumstances:
- pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws or if, in Kwench’s good faith judgment, such legal disclosure is reasonably necessary to comply with legal processes or respond to any claims;
Further, Kwench may share your Personal Data with its trusted affiliates or related companies for the limited purposes of providing services on the Platforms, processing of your Personal Data, on need to know basis and subject to confidentiality obligations as may be contractually agreed to between such third party and Kwench.
How we use and process your Personal Data
Kwench takes all reasonable steps to ensure fair, lawful and transparent processing of your Personal Data. In furtherance of this objective, Kwench as a data processor will:
(a) Process your Personal Data (i) on the written instructions from your employer and (ii) for the limited purposes of provision of services;
(b) rocess your data by itself or another sub processor with reasonable prior notification to your employer.
(c) notify you and obtain your consent in case of usage of your Personal Data for any purpose other than the purposes consented for or stated in this Policy;
(d) retain Personal Data only as long as it is necessary for rendering the services on the Platforms except when otherwise required under applicable laws;
(e) meet legal requirements and your reasonable expectations of data privacy while processing your Personal Data;
(f) use reasonable efforts and security measures (not below prevailing industry standards or standards prescribed by applicable law), including, a variety of security technologies and procedures to protect your Personal Data from any unauthorized access, use or disclosure;
(g) ensure that written records of the data processing activities carried out on behalf of Kwench are maintained;
(h) provide you all information related to processing of your Personal Data through your employer, for instance whether or not your Personal Data is being processed, where it is processed and for what purpose it is processed, upon receipt of a written request from you.
What rights you can exercise
Right of Access: You can access your Personal Data at all times during the subsistence of your account with Kwench. You are free to review and modify your Personal Data and correct inaccuracies, if any, in your Personal Data, from time to time, after you login to the Web sites. In case you are unable to access, correct, or update any of your Personal Data, you may send a request to your employer or to us at firstname.lastname@example.org or email@example.com. You can also request us/your employer to provide your Personal Data collected by us in a structured and commonly used format. Upon receipt of such request from your employer/approval from your employer, Kwench will provide your Personal Data request free of charge within one month from the date of such request, unless such request is manifestly unfounded or excessive. However, Kwench shall not be liable to retain or provide access to your Personal Data after three (3) months from the date of deactivation of your account with Kwench.
Right to withdraw consent: In the event you wish to withdraw your consent for usage of your Personal Data for any particular activity of Kwench and its affiliates at any time during the subsistence of your account with us, you can notify us/your employer in writing. Upon receipt of such instruction from your employer, Kwench shall not use or allow further dissemination of your Personal Data or part thereof, for the purpose mentioned therein
Right of Erasure: If you wish to remove all or any part of your Personal Data collected by Kwench, its affiliates or any of the related parties, you can raise a request by sending an email to firstname.lastname@example.org or email@example.com or to your employer. Your Personal Data will be erased by Kwench: (a) upon receipt of such request for erasure from you and subsequent approval of your employer for your request of erasure; (b) deactivation of your account with Kwench.
Third Party Links/ External Links
Our Web sites may contain links to content or other functionality provided by third parties which are outside our control and are not covered by this Policy. Accordingly, Kwench shall not be liable for any breach of your Personal Data which is attributable to the acts or omissions of such third parties.
Kwench shall intimate any instances of data breach to your employer without any undue delay and, where feasible, within 72 hours or such lesser period as may prescribed by applicable law of becoming aware of such breach, failing which Kwench shall provide reasoned justification for the delay. Further, Kwench shall take all reasonable steps to curve such instances and take all corrective measure to minimize the impact of such data breach.
International Transfer of Data
In the process of providing access to the Web sites and processing your Personal Data, Kwench may transfer your Personal Data to affiliated entities or other third parties across countries or jurisdictions in the following circumstances: (a) where you have given your explicit consent for such transfer; (b) where the transfer is occasional and necessary in relation to a contract or a legal claim, judicial or administrative procedure; or (c) where such transfer is on the legitimate ground of public interest under applicable laws. You consent to Kwench sharing Personal Data to such affiliated entities or other third parties across countries or jurisdictions approved by your Organisation.
Communication & Grievances
We will make all attempts to contact you only through email and ensure that your telephone number is used only for the limited purposes of providing the relevant services on the Platforms. In case you have any grievances regarding usages of your Personal Data, you can contact our Grievance Officer at firstname.lastname@example.org or email@example.com. Upon receipt of such complaint, Kwench will make all the reasonable efforts to address your concerns at the earliest.
By logging into the Website, you hereby acknowledge and confirm that:
(a) you have read, reviewed and understood all the terms of this Policy and its implications and voluntarily agreed to provide your explicit consent for access and usages of your Personal Data for the purpose specified under this Policy;
(b) you have been apprised of your right to withdraw your consent at all times during the subsistence of your account with Kwench without detriment.
European Privacy Consideration in respect to EU Data Subjects
Kwench will process your data in accordance with EU-GDPR for the lawful purposes and for the purpose of the work statement of the Agreement with your employer.