Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal data while you use CollarCheck. We are committed to respecting your privacy and ensuring that your information is handled securely. Here are some key points from our Privacy Policy:

1. EFFECTIVE DATE. This Data Privacy Policy Agreement {HEREINAFTER interchangeably titled as ‘USER AGREEMENT’ ‘or PRIVACY POLICY AGREEMENT’ for intents of brevity} explains how M/s. Collar Check Pvt. Ltd. {‘DATA FIDUCIARY’}, determines the purposes and means of the lawful processing of personal data of a Data Principal in compliance with legal requirements of Digital Personal Data Protection Act, 2023 &the Information Technology Act, 2000 which are presently in force within India.
1.1 This Agreement, as a whole, constitutes a Click Wrap Agreement, the contents whereof; AND the terms and conditions governing the contents and usage thereof (as defined by Article (1.13) of our EULA) stand binding upon your acceptance.
1.2 This Agreement shall be made effective on & from the day it is first uploaded, published and made available on public domain on official portal of M/s. Collar Check Pvt. Ltd.; and every User availing of the benefits of M/s Collar Check Pvt. Ltd. shall always be deemed as having constructive notice of its terms, NOTWITHSTANDING anything to contrary or inconsistent thereto.
1.3 The terms set forth under; and constituting this Data Privacy Agreement shall be deemed to be in addition to the EULA, Cookie Agreement; Data Retention Agreement; as well as the Data Mining & Sale Agreement published on our website.
1.4 The terms constituting this Agreement shall be deemed to cover our affiliate concerns having a direct, substantial or remote relationship with our platform, or otherwise affected by the terms & conditions of this Agreement hereof;.
2. INTERPRETATION CLAUSE. Unless repugnant to context or the subject-matter of this Agreement herein, the expressions:
2.1 “ACT” shall mean the Information Technology Act, 2000 & the Digital Personal Data Protection Act, 2023 as in force in India;
2.2 “APPLICATION’” shall, wherever used interchangeably with the expression “MOBILE APPLICATION” be deemed to mean the user interface(mobile/website) introduced by Data Fiduciary for purposes of marketing the same for benefit of its audience;
2.3 “CONSENT MANAGER” shall cover every Nodal Officer appointed by Data Fiduciary for purposes of acting as a single point of contact so as to redress legal grievances of a Data Principal registered on & using the mobile application of Data Fiduciary;
2.4 “DATA FIDUCIARY” shall mean M/s. Collar Check Pvt. Ltd. acting in its fiduciary capacity towards the best interests of a Data Principal in all matters involving usage, purpose and means employed by Data Fiduciary to process personal data of Data Principal;
2.5 “DATA PRINCIPAL” shall mean every user who uses or profits from the usage of the services introduced into the relevant product market by the Data Fiduciary for its own usage or benefit to the limited extent consistent with this Agreement; whether as an employer or employee to extent consistent with the EULA dated……….of which this Agreement forms a part.
2.6 “DATA PROTECTION OFFICER” shall mean a Consent Manager registered with Data Protection Board of India & appointed by the Data Fiduciary for purposes of resolution of any specific legal grievances, by which Appointee herein shall be deemed to authorized to act as a single point of contact to enable the Data Principal to give, manage, review or withdraw its consent; and shall be deemed to include every Designated Data Appellate Protection Officer nominated exclusively for this purpose;
2.7 “PERSONAL DATA” shall, in context of this Agreement, always be deemed to include data which, by itself, or in connection with other factors, identifies an individual based on, or on its relation to such data in course of usage of the Application;
2.8 “PERSONAL DATA BREACH” shall, in context of this Agreement, include the unlawful or unauthorized processing of any personal data or accidental disclosure, acquisition, sharing, usage, alteration or destruction of; or loss of access to any personal data which compromises the confidentiality, integrity or availability of personal data belonging to Data Principal;
2.9 “SENSITIVE PERSONAL DATA” shall, for purpose of this Agreement, include all/every personal information or data of a Data Principal which comprises of information relating to a Data Principal’s (a) password; (b) financial information or (c) physical, psychological, physiological or mental health conditions; or (b) medical records and history, or (c) biometric condition(s); or (d) email addresses, nicknames, birthdays, time zones or photographs uploaded; or (e) a combination of all/any of these.
3. CONSTRUCTION OF HEADINGS. Headings used herein shall not be deemed to constitute an essential or integral portion of this Agreement at any point of time, nor be used in application, construction, execution, scope or validity of this Agreement.
4. AGE OF MAJORITY. It shall be presumed that at the time of availing of the various services offered by Data Fiduciary’s Mobile Application, the Data Principal had attained majority age under the Indian Majority Act, 1875 & Indian Contract Act, 1872; and NOTHING HEREIN CONTAINED shall authorize the Data Principal from raising any claims or assertions inconsistent therewith.
4.1 CONTRACTUAL COMPETENCY AND FREE CONSENT. Unless otherwise proved to the contrary, it shall always be presumed in any legal proceedings arising out of application, construction, execution, performance, scope or validity of this Agreement that Data Principal was seized of full contractual competency & has given express and implied informed and unconditional consent to usage of various services constituting Data Fiduciary’s Mobile Application for all the purposes set forth therein. EXPLANATION. FOR REMOVAL OF DOUBTS, IT IS CLARIFIED that, for purposes of brevity, all references made to a mobile application shall be deemed, mutatis mutandi, to also refer to the website application on which the platform of the Data Principal is hosted.
5. CONSENT OF DATA PRINCIPAL AND UNDERTAKING BY DATA FIDUCIARY. Data Fiduciary & Data Principal covenant as follows:
5.1 Data Principal hereby covenants that it shall cause to download the application owned by Data Fiduciary for purposes of exclusively availing of its services & shall never cause to do any act or engage in conduct which is in violation of Indian law.
5.2 Data Fiduciary hereby covenants that it shall endeavor to, at all points of time, obtain voluntary consent of Data Principal for processing of its personal data, as defined by Article (2.7) of this Agreement, and may, for purposes of making available the services on its app, access, inter alia, Data Principal’s permission list, phone gallery & related user management services. PROVIDED THAT NOTHING SHALL authorize Data Fiduciary from accessing Data Principal’s phone contact list for the above purpose.
5.3 NOTHING HEREIN shall be deemed to affect, impair or otherwise invalidate a Data Principal’s power to review or withdraw its express or implied consent to a Data Fiduciary with respect to usage of the Mobile Application, if the same is communicated by the designated Consent Manager appointed by Data Fiduciary specifically for purposes of redressing its legal grievances.
6. CONSTRUCTION OF DOCUMENT. This Agreement shall be constructed in its entirety at all points of time for limited purposes of ensuring consistency in execution of this Agreement; and in case any ambiguities or difficulties arise in the performance of these Presents, the same shall be harmoniously interpreted in the context of Parties’ mutual intentions and object of this Agreement without being rendered void for the want of certainty of purpose, objective or subject-matter of these Presents.
7. GENERAL OBLIGATIONS OF DATA FIDUCIARY. Taking cognizance of its statutory obligations under Indian Contract Act, 1872; the Information Technology Act, 2000 & the Digital Personal Data Protection Act, 2023, Data Fiduciary undertakes it shall, at all points of time, be responsible for complying with all three enactments in respect of all, or any personal data of a Data Principal using its Mobile Application & processed by it, or by a Data Processor specifically designated by it for this purpose.
7.1 All personal data processed by a Data Fiduciary, as defined under this Agreement, shall be updated at all points of time, notwithstanding that the same may be used for purposes of making a valid decision affecting the best interests of a Data Principal, or which is required to be disclosed to another Data Fiduciary for any lawful purposes consistent with Indian laws.
7.2 All personal data of a Data Principal shall be processed and protected from all forms of hacking or unauthorized access in letter & spirit, and to the extent provided under Article (8), (9) & (14) of this Data Privacy Policy Agreement{‘AGREEMENT’}.
8. NON-ACCESS BY A MINOR. NOTHING HEREIN CONTAINED shall authorize, nor be deemed to authorize any Minor Principal in its personal capacity as a Data Principal from entering into any e-contract with the Data Fiduciary for purposes of availing of any benefits conferred under its platform thereto, SAVE AS, OR EXCEPT WHERE represented by its legal guardian or Next Friend.
9. SECURING OF DATA. During, and in course of usage of the application referred to in Article (2.2) of the Interpretation Clause, it is mutually understood by Data Principal & Data Fiduciary that the latter is committed towards maintaining the highest degree of transparency standards involved in securing a Data Principal’s personal data; and keeping in mind that principle, Data Fiduciary affirms it shall, at all times, take such reasonable measures as it deems necessary or expedient for purposes of protecting Data Principal’s legal rights and personal data exposed by it in course of the usage of the Mobile Application.
10. COLLECTION OF DATA. WITHOUT PREJUDICE TO anything said, done or recorded, whether expressly or by implication, in, by or under terms of Article (5) of this Agreement, Data Fiduciary covenants, warrants and assures Data Principal herein that all data collected by the former & constituting personal data under the Information Technology (Reasonable Security Practices & Procedures and Sensitive Personal Data or Information) Rules, 2011 shall be used by Data Fiduciary solely & exclusively for the purposes of improving the Data Principal’s usage experience over the Mobile Application, as defined by Article (2.2) of this Agreement; and all such data collected by Data Fiduciary may be used thereby for purposes of increasing the safety and accuracy of the within-named Mobile Application, in addition to rendering relevant application content & product offers.
10.1COLLECTION AND PROCESSING OF PERSONAL DATA. All personal data of a Data Principal may be collected by Data Fiduciary in following ways: (a) by data voluntarily provided by Data Principal; that is to say, by registration on the Mobile Application; or (b) by automatic collection of data; that is to say, data collected by way of cookies or other similar tracking technologies. EXPLANATION. FOR PURPOSES OF REMOVAL OF DOUBTS, the data collected by a Data Principal shall be deemed to include, inter alia, names, contact details, work history, performance feedback and other information relevant to the career of a Data Principal.
10.2 Nothing shall impair a Data Fiduciary to process data in any manner whereby such processing is (a) necessary or proper for purposes of enforcing a legal right or claim recognized under Indian law, or; (b) in interest of prevention, detection or prosecution of a crime or offence punishable by Indian law, or (c) necessary for a scheme of compromise, arrangement, reconstruction, merger or amalgamation of any company, one of which is Data Fiduciary; or (d) is otherwise required by law.
10.3 Pursuant to Article (9) & (10) of this Agreement, Data Fiduciary hereby declares that it may, for lawful purposes consistent with execution of this Agreement, cause to process personal data of Data Principal registered on its Mobile Application.
10.4 IN PARTICULAR AND WITHOUT PREJUDICE TO anything recorded in terms of Article (10.1) of these Presents, Data Fiduciary shall bear no liability towards Data Principal in the processing of its personal data in the following circumstances hereinafter stated:
10.4.1 For the specified purposes for which the Data Principal has voluntarily provided its personal data to the Data Fiduciary;
10.4.2 For the performance of legal obligations, including compliance with disclosure requirements under domestic Indian law;
10.4.3 For the purposes of compliance with any judgement, order or decree issued under domestic laws, whether or not the same constitutes a valid claim of a contractual or civil nature under laws in force within the territorial limits of India or otherwise;
10.5 NOTHING HEREIN CONTAINED shall impair, or be deemed to prevent Data Fiduciary from collecting personal information of a Data Principal relating to its (a) name; (b) address; (c) location (d) date of birth; (e) password; (f) actual place or residence; (g) residential address or any of them for purposes of prevention of any offence punishable under any laws in force within India.
10.6 Nothing shall authorize Data Fiduciary from causing to capture, maintain, scan, index or use; or otherwise use any form of data mining technologies such as, but not limited exclusively to clustering or classifying for purposes of maximizing sales in a manner consistent with tone and tenor of this Agreement and WITHOUT PREJUDICE TO penalty of any laws in force in India.
10.7 NOTHING HEREIN CONTAINED shall operate as a bar in any manner or form so as to prevent Data Fiduciary from connecting Data Principal with any third-party application services to import relevant information about its activities on the Mobile Application herein, SUBJECT NEVERTHELESS TO the provisions set forth under the Information Technology Act & the DPDA, 2023.
11. USAGE OF INFORMATION. Data Fiduciary assures Data Principal that all personal information of Data Principal , inclusive of information acquired by it under Article (6) in the course of usage of the mobile application by Data Principal shall, at all times, be used by Data Fiduciary exclusively for purposes of honoring, promoting and performing its contractual obligations towards Data Principal such as, but not limited exclusively to account management, identification and debugging of any errors, including syntax errors arising in the course of usage of its Mobile/Web Application & incidental or ancillary issues.
12. CONTROL. DURING AND FOR the overall time period during which Data Principal actually utilizes the Mobile Application herein, nothing herein shall prevent such Data Principal from accessing, deleting and/or modifying, rectifying or updating any of its personal data input by it into the said Mobile Application by way of an email to the Designated Data Protection Officer.
12.1 Nothing under Article (12) of these Presents shall impair Data Fiduciary from causing to erase any personal data of the Data Principal from its Mobile Application to which Data Principal had previously given her prior express consent in writing hereof., SUBJECT NEVERTHELESS TO compliance with provisions set forth under Article (17) of this Data Privacy Policy Agreement.
12.2 Nothing shall prevent Data Principal to obtain in writing or otherwise, from Data Fiduciary, a summary of any information relating to its personal data which is the subject-matter of data processment; or access to identity of any other Data Fiduciary or Data Processors with whom its personal data, as defined by Article (2.7) of these Presents, has been shared. PROVIDED THAT NOTHING HEREIN shall require Data Fiduciary to share any information sought by Data Principal under Article (12.1) of these Presents whereto such sharing of information sought by Data Principal is the subject-matter of any investigation.
12.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY specified by or under Article (8) of this Agreement, Data Principal is deemed to have constructive notice of the fact that in the event any data specified by Article (8) of this Agreement is modified or erased by it on and after the date Data Principal first registers on the Mobile Application hereinbefore, the such acts of modification or erasure may substantially affect its ability to use specific features of the Mobile Application, as clarified by Article (8.2)
12.4 FOR PURPOSES OF REMOVAL OF DOUBTS, it is clarified that the acts of modification or erasure, as set forth under Article (8.1) of this Agreement shall be deemed to cover features of our app which rely on historical data provided by you at the time of signup, such as, but not limited exclusively to Data Principal’s physical, physiological or other health conditions & medical records.
12.5 It is further clarified by this Agreement that NOTWITHSTANDING the fact that Data Fiduciary relies on express or implied consent of Data Principal to process its personal data, nothing shall stand in the way where Data Principal has withdrawn its consent.
13. TRANSFER OF PERSONAL DATA. During the period for which Data Principal intends to, or actually uses the Mobile Application of Data Fiduciary for the purposes specified therein, Data Fiduciary reserves its rights to transfer all, or any personal data or information collected by it under Article (5) of this Agreement, including, but not limited to any sensitive personal data or information thereby collected to any other affiliate, body corporate, successors-in-interest or other person, whether or not situated in India to extent that such affiliate, body corporate, successors-in-interest or other entity ensures same or higher degree of data privacy and data protection as Data Fiduciary; and provided that such transfer of data or information collected by Data Fiduciary is necessary for performance of a valid contract between the Data Fiduciary & the Data Principal.
14. DISCLOSURE OF INFORMATION. It is expressly & by implication affirmed, covenanted and acknowledged by Data Fiduciary & Data Principal that information rendered by a Data Principal to Data Fiduciary constitutes its own personal information.
14.1 NOT WITH STANDING ANYTHING TO THE CONTRARY STATED HEREINBEFORE, Data Fiduciary expressly covenants, warrants and assures Data Principal that it shall not, without prior consent of Data Principal, cause to disclose any personal data of Data Principal thereby collected in course of usage of Data Fiduciary’s Mobile Application to any other third-party or entity, or other intermediary SAVE AS, OR EXCEPT WHERE such disclosure is required to be made pursuant to any decree, order, judgement or other finding rendered by any Court of Justice or other regulatory authorities in any legal proceedings initiated before it.
15. REASONABLE SECURITY PRACTICES AND PROCEDURES. As a Data Fiduciary, we at M/s. Collar Check Pvt. Ltd. do hereby acknowledge that all data of a Data Principal & collected by us pursuant to Article (7) of these Presents constitutes its personal data within meaning of the Information Technology Act & the Digital Personal Data Protection Act, 2023; and pursuant to such acknowledgement, Data Fiduciary hereby do expressly undertake that it shall, at all points of time upon publication of this Agreement, cause to observe and implement such reasonable security practices, procedures and standards, inclusive of developing a comprehensive documentation containing, inter alia, relevant information relating to such information security programs or policies containing sch relevant managerial, technical, operational or physical security features as is necessary or commensurate with the protection of a Data Principal’s privacy and legal rights, or for protecting its sensitive personal data, as defined by Article (2.7) of this Agreement; and in the event of any security breach, hacking or unauthorized access of Data Principal’s information by a third-party therein by which acts of hacking, security breach or unauthorized access Data Principal’s personal information stands exposed, Data Fiduciary shall, consequent to being seized of knowledge of such incident thereby, cause to forthwith and without any acts of inordinate delay, initiate, implement and execute such security control policies and/or procedures as per its documentation for identifying & mitigating such acts herein set forth.
16. DATA PROCESSING RESTRICTIONS. In the event that any personal data belonging to, or identifying material particulars of Data Principal is found to be inaccurate, nothing shall prevent Data Fiduciary from causing to verify and/or update the said information on its server on written request received by its Data Protection Officer from affected Data Principal to that effect.
17. DATA RETENTION POLICY. In the event a Data Principal intends to close its account with Data Fiduciary for whatever reason, it may visit the account settings page of the Mobile App & close its account thereby. However, Data Principal is informed that upon closing the said account on the Mobile App herein, it shall not be able to access any of its personal information, or sign into the website of the Mobile App therewith. However, nothing shall impair it from opening a new account on the Mobile Application by following the instructions set forth by Data Principal on its Mobile Application at time of closure of account.
17.1 In the event any account operated by Data Principal on the Data Fiduciary’s Mobile Application stands closed, nothing shall impair Data Fiduciary from retaining certain information which is associated with the Data Principal’s account for the limited purposes of record-keeping, or to otherwise prevent any form of fraudulent activities, or to collect payments owed to it by Data Principal; or to otherwise enforce terms and conditions governing usage of its Mobile Application, as legally permitted.
18. COOKIES. NOTHING HEREIN CONTAINED shall be deemed to impair Data Principal from setting its browser to “REFUSE/REJECT COOKIES” in the event it refuses to accept any cookies on visiting Data Principal’s Mobile Application, but Data Fiduciary does not take any responsibility for non-functioning of any features on its Mobile Application as a result of such cookie rejections.
19. THIRD PARTY CONTENT. Data Fiduciary acknowledges that certain content and/or advertisement on its Mobile Application’s services may be rendered, or otherwise provided by third-parties not affiliated to it; and such third-parties, including advertising providers, analytical tools, & audience-measurement companies or agencies may cause to collect, receive or store any data belonging to Data Principal, including data appertaining to its usage of the Data Fiduciary’s Mobile Application through use of, but not limited exclusively to cookies, web beacons and/or other technological or electronic facilities over a span of time and combine them with other web-sites not exclusively owned, controlled or operated by the Data Fiduciary.
20. BUSINESS TRANSFER. In the event that the business of Data Fiduciary is (a) acquired, merged or amalgamated into, or with another Data Fiduciary or other entity, or; (b) caused to stand reorganized, sold or declared insolvent or bankrupt by any valid decree, order, judgement or finding of any Court of Justice, quasi-judicial or regulatory authority specifically empowered for this purpose herein, nothing herein shall impair or prejudice the Data Principal’s legal rights in consequence.
21. REVISION OF POLICY. This Data Privacy Policy may be revised or amended by Data Fiduciary either in whole or in part from time to time for purposes of improving its services to Data Principal, or otherwise in compliance with domestic Indian laws; and every such material change so made to the present Agreement herein shall be notified by Data Fiduciary by way of a social media update or an email duly communicated to the e-mail address of Data Principal duly registered with Data Fiduciary and associated with Data Principal’s account on the Mobile App owned by Data Principal. Further, by continuing to access or use the Mobile App herein, Data Principal expressly acknowledges to be legally bound by all assurances, terms, covenants and warranties set forth under this Agreement, including revisions or amendments made by the Data Fiduciary.
22. OPT-IN & OPT-OUT POLICY. Nothing under the terms constituting this Data Privacy Policy shall be deemed to impair a Data Principal from receiving any text messages, emails and/or phone calls from Data Fiduciary in respect of, or in connection with usage of the Mobile App owned by Data Fiduciary. In event Data Fiduciary intent to, or otherwise wishes to stop, secede or withdraw from receiving emails, texts or phone calls, it may thereby opt out of the same by visiting the “Opt-Out Page”.
23. INTELLECTUAL PROPERTY RIGHTS. Unless otherwise authorized in writing, nothing shall authorize a Data Principal, its agents, assignees or legal representatives intermeddling with its estate, whether directly or otherwise, from causing to use, exploit, disclose or utilize the Mobile Application, or part thereof for its personal gain, the same constituting exclusive intellectual property of the Data Fiduciary; and nothing shall authorize Data Principal from claiming any rights, titles or interests in, or accruing out of usage of the Mobile Application owned by the Data Principal at any point of time whatsoever.
24. FORMATION OF E-CONTRACT. This Privacy Policy shall be deemed to constitute an e-contract formed by way of an electronic record; and by using the Mobile Application invented by Data Fiduciary& published on relevant operating system software, the Data Principal affirms without further protest or demur that it shall be bound by, and strictly observe this Agreement.
25. OBSERVANCE OF AGREEMENT. Data Principal & Data Fiduciary undertake that they shall, on and after publication of this Agreement, cause to observe all assurances, covenants, representations, stipulations and warranties set forth herein and shall not deviate, nor cause to do acts, or engage in conduct which amounts to a breach of contract, or violates Indian law.
26. GRIEVANCE REDRESSAL MECHANISM. Nothing shall cause to impair or prevent a Data Principal having a legitimate legal grievance in respect of all, breach of any of its data privacy rights, including a suspected personal data breach, or a breach of its sensitive personal data in course of using the Mobile Application belonging to Data Fiduciary from communicating an e-mail to the designated Data Protection Officer within a period of thirty days next-following the incidents of breach thereby.
26.1 On receipt of the said complaint referred to under Article (26) of this Agreement, the Data Protection Officer appointed by the Data Fiduciary shall make all reasonable endeavors to dispose of the complaint within a period not exceeding 60 days.
26.2 Nothing shall be construed as implying a waiver of rights in Data Principal in filing appeal with the Designated Data Appellate Protection Officer against findings of Data Protection Officer within a span of sixty days following date of the disposal order.
27. APPLICATION OF THE CONSTRUCTIVE NOTICE DOCTRINE. SUBJECT TO provisions set forth under Article (26) of these Presents, it is hereby clarified that ON AND FROM date of publication of this Privacy Policy, every user & Affected Party thereto being a Data Principal shall be deemed to have constructive notice of such changes & shall not vest any liability in Data Fiduciary.
28. COMPLIANCE WITH DIRECTIVES OF DPBI ET. AL. Data Fiduciary shall, at all points of time following execution of these Presents, cause to observe all directions issued by Data Protection Board of India or such other Designated Authority constituted under relevant statute law in force & applicable hereto, as are necessary for giving full effect to this document.
29. ASSIGNMENT. Other than for limited purposes of performance of this Agreement, nothing shall be construed as authorising an User of the services offered by this Intermediary Platform from assigning, conveying or transferring any of its obligations towards its Counter-Party(i.e. hiring employer, or employee) in any manner inconsistent with the terms of this Agreement.
30. AMENDED AND CONSOLIDATED VERSION. This Data Privacy Policy Agreement constitutes the amended and consolidated, up-to-date version of this Agreement hereto, and is executed and made effective as of the Day, Month and Year above.
31. CONTACT If you have any questions or concerns regarding contents or terms of our Data Privacy Policy (including amended versions thereof), or if you need assistance in managing your account, please contact us at support@collarcheck.com for redressal of your grievances.
32. Headings shall not be deemed to constitute an essential or integral part and parcel of this Agreement at any given time, but may be used as an external aid for the purposes of reading into the intendment of this Data Privacy Policy.
33. INDEMNITY. Data Principal undertakes to indemnify, compensate and hold harmless, at all points of time, the Data Fiduciary against all, or any breach of contract, losses or injuries arising out of performance or execution of this Agreement hereto to the extent that Data Fiduciary has acted in good faith and discharged its fiduciary obligations towards it in a lawful manner.
34. INCORPORATION. This Agreement subsumes & incorporates by reference, all prior Agreements executed on subject-matter of this document and declares this Agreement as being the updated version reflective of legal intent of the Data Fiduciary.
35. SEVERABILITY. If, at any point of time on or after the Effective Date, any Article constituting an essential or integral portion of this document is declared as void, unconscionable or unenforceable; or otherwise, repugnant to, or opposed to public policy or Indian law by a valid decree, order, finding or judgement of any Court of Justice in exercise of its original or appellate civil or criminal jurisdiction, NOTHING THEREIN CONTAINED shall be ever deemed to impair execution of the portions thereby saved.
36. FORUM NON CONVENIES. Each Party to this Agreement comprising Data Principal & Data Fiduciary hereby covenant, assure and warrant to one another that they do cause to waive any objections, cross-objections and related waivers as to venue of action instituted hereto; and warrant that all legal disputes arising out of the application, construction, execution, interpretation, scope or validity of this Agreement shall be ordinarily triable by the Courts of Justice at New Delhi, India.
36.1 NOTHING HEREIN CONTAINED under Article (30) shall be deemed to impair a Party to this transaction from causing to settle their respective legal disputes against each another by out-of-court settlement procedures such as mediation and/or arbitration.
36.2AMENDMENT. This Privacy Policy Agreement may be amended by Data Fiduciary at any point of time, and every such amendment thereby made shall be caused to be published on its website, as well as its Mobile Application for information of all interested parties, including Data Principal, thereby affected as a result of such amendment or modification thereof.
37. CONSTRUCTION OF REFERENCES. Unless repugnant to the context or the subject-matter of this Agreement, references as to expressions importing words used in masculine gender shall be taken as covering their feminine counterparts; references as to terms importing words used in singular shall be deemed as covering their plural versions; and references as to either the Time or Day, or the relevant Calendar Month shall be taken as ordinarily meaning the British & not the Saka Calendar.
38. APPLICATION OF INDIAN CONTRACT ACT ET. AL. For matters not expressly set forth herein, provisions set forth under the Indian Contract Act {IX OF 1872}; Information Technology Act {XXI OF 2000} & Commercial Courts Act {IV OF 2016} shall apply.
39. PUBLICATION OF POLICY. This Privacy Policy may be published, in addition to the portion designated in the Mobile Application, to the website vis-à-vis Web Application, if any, on which Privacy Policy is ordinarily hosted by Data Fiduciary.
40. MISCELLANEOUS. For matters not expressly provided hereto, the provisions set forth under the Indian Contract Act; Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023 & other laws in force shall apply.
41. UPDATES. This Agreement may be updated from time to time. The “Last Updated” date at the bottom of our website page will provide the exact date & time on which updated version of this Agreement was uploaded on our platform.
42. CONTACT. If you have questions or concerns regarding the contents of our Privacy Policy, Terms of Service or this Agreement, or if you need assistance in managing your account, please contact us at support@collarcheck.com for redressal of your grievances.