Protecting the privacy rights of data subjects and safeguarding their Personal Data is now being treated as a basic right of an individual and a legal requirement in many parts of world. Linkites, being a global organization, respects the privacy of data subjects and is committed to complying with the applicable data privacy laws and legislations (including but not limited to EU General Data Protection Regulation 2016/679, California Consumer Privacy Act, The Privacy Act 1988 (Australia) including the Australian Privacy Principles (APP), Data Protection Act 2018 (UK), Information Technology Act 2000 read along with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Personal Data Protection Act 2012 (Singapore) and other applicable privacy laws to the extent that they apply to Linkites’s data processing and business operations) (the “Data Privacy Laws”)
2. Policy Statement
This Policy is designed to explain and set out Linkites’s procedures and policies when processing Personal Data and Sensitive Personal Data (the meaning of which are set out below) by the organization. This Policy defines the requirements to ensure compliance with the Data Privacy Laws applicable to Linkites’s collection, use, and transmission of Personal Data and Sensitive Personal Data.
The scope of this Policy applies to Linkites, its affiliates, business partners, employees, and Third Parties providing services to Linkites (together “Linkites”, “we” or “us”). It covers Processing (including but not limited to collection, storage, usage, transmission and destruction) of Personal Data and Sensitive Personal Data of Linkites’s current and previous employees, prospective candidates, current, prospective and previous customers, current and previous partners/vendors, website visitors, sub-contractors and visitors, (together “you”/ “your”) by Linkites during the course of its business activities.
Linkites acts as a Data Controller with respect to any Personal Data or Sensitive Personal Data it holds about you.Linkites is responsible for ensuring that it uses your Personal Data in compliance with the Data Privacy Laws. The relevant entities that may act as the Data Controller are listed in Section 23 of this Policy
This Policy sets out the basis on which any Personal Data, Personal Information and Sensitive Personal Data about you that you provide to us, that we create, or that we obtain about you from other sources, will be processed by us.
The meaning of some of the terms in use in the Policy are explained below:
|Personal Data||Any information of Data Subject which can reasonably associate or link to an identifiable natural person or could include anyone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, economic, cultural or social identity of that natural person.|
|Personal Information (applicable only to California residents)||Information pertaining to residents of California that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, but does not include information that is lawfully made available from federal, state or local government records, nor does it include “deidentifed” or “aggregate customer information” as those terms are defined pursuant to the CCPA.Linkites does not collect Personal Information from California residents that are under the age of 16.|
|Sensitive Personal Data||Defined as any information revealing an identified or identifiable natural per-son’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of genetic information, biometric information for the purpose of uniquely identifying a natural person, data concerning health, or information concerning an individual’s sex life or sexual orientation, and data relating to offenses, or criminal convictions. With respect to California residents, in addition to the preceding, the term also includes national origin or ancestry, sexual orientation, sex (including, gender, gender identity, and gender expression), pregnancy, childbirth and medical conditions related to same, age, physical or mental disability, veteran status, genetic information and citizenship.|
|Process, Processes, Processed or Processing||Means any operation or set of operations which is performed on Personal Data or Personal Information or Sensitive Personal Data or on sets of Personal Data or Personal Information or Sensitive Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction|
|Consent||Any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which the Processing of their Personal Data, Personal Information and/or Sensitive Personal Data via a statement or by a clear affirmative action, signifies agreement to the processing of their Personal Data, Personal Information and/or Sensitive Personal Data.|
|Data Subject||Relates to a particular natural person (i.e. an identified or identifiable natural person to whom the Personal Data relates. In case of a minor/ individual with mental disabilities, the data subject would be represented by a legal representative (parent/ guardian). For the purpose of clarity of this Policy, “Data Subject” means Linkites current and previous employees, prospective candidates, current, prospective and previous customer personnel, current and previous partner/vendor personnel, website visitors, sub-contractors and visitors.Linkites does not collect Personal Data/ Personal Information and Sensitive Personal Information from Data Subjects that are under the age of 18. For the purpose of CCPA, Data Subject shall include California residents|
|Data Controller||Means a person or organization who (either alone, or jointly, or in common) determines the purposes for which and the manner in which any Personal Data are, or are to be, Processed. For the purposes of this Policy, references to Data Controller shall mean references to Linkites and its affiliates, where relevant.|
|Data Processor||Is a person or organization who Processes the Personal Data on behalf of and under the instruction of the Data Controller|
|Third Party||In relation to Personal Data or Personal Information or Sensitive Personal Data means any person other than the Data Subject, the Data Controller, or any Data Processor or other person authorized to process data for the Data Controller|
|“Sell,” “selling,” “sale,” or “sold,”||Means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Data or Personal Information by the business to another business or a Third Party for monetary or other valuable consideration.|
5. How we collect your Personal Data/ Personal Information / Sensitive Personal Data
We will collect and process the following Personal Data / Personal Information/ Sensitive Personal Data about you as follows:
|Data Elements / Categories||How we collect your data|
|Customer Personal Data or Personal Information in Projects||Directly from you while Linkites providing services to you|
|Business Partner/Vendor Personal Data or Personal Information||Directly from you while Linkites is receiving services from you|
|Prospective Candidates||From Third Parties or other sources (for example via recruitment agencies or Linkites employee referral but in each case only as far as legally permissible and only as far as is necessary to fulfil the position in question), which may also include public sources such as professional networking platforms or job portals.
Directly from you in case you have directly applied through the website;
|Employee Data||Directly from you during the course of your employment;|
|Visitor information||Directly from you at the time of visiting our premises|
|Website Data||Directly from you when you voluntarily fill out your information on the website through specific provided forms to receive information from us or contact you. The information that you are required to fill in the website are your identity information and contact details (e.g. First Name, Last Name, Work Email, Company Name). In general, you may browse our website without providing any Personal Data about yourself. In the website, we do not collect any of your Sensitive Personal Information|
|Marketing Data, Events and Initiatives||Directly from you when you contact (or you have been contacted) or interact with any Linkites representative, via Linkites website or events or conferences or workshops or Surveys that you attend, by telephone, email, online portal or in person or from professional networking platforms like Linkedin, Tweeter.|
|Prospective Customers and business partners/ vendors||Other customer/ business partner and vendor referral. Also refer to “website data”, “Marketing Data, Events and Initiatives”.|
For California residents only and in addition to the preceding, if such Personal Information is collected from other electronic sources, over the internet, using a pen and paper, through an algorithm, or through any other means.
6. Purpose and Lawful basis of Processing
Your Personal Data may be stored and processed by us in the following ways and for the following lawful purposes:
We are entitled to Process your Personal Data, Personal Information or Sensitive Personal Data in these ways because of the following reasons:
7. Processing Sensitive Personal Data
We may, where legally permissible, process your Sensitive Personal Data on the following lawful bases:
8. Personal Data of Individuals below 18 years
We may process Personal Data or Sensitive Personal Data of any individuals below the age of 18 years only for travel and immigration purposes. If we are required to process Personal Data or Sensitive Personal Data of such individuals, then we shall do so by taking explicit written consent from their legal guardians. If it comes to your knowledge that we have unintentionally collected or received Personal Data or Sensitive Personal Information about an individual below the age of 18 years directly from them, then immediately notify Us in the contact details provided in this Policy and we will accordingly delete such information
Note: If you are below the age of 18 years, then we do not want you to provide any of your Personal Data in our website
9:How we will be using your Personal Data/ Personal Information for Direct Marketing
For direct marketing, we will be using your Personal Data/ Personal Information in the following ways (to the extent in compliance with applicable local laws).
10. Events and Initiatives
We organize and participate in events and initiatives. In such cases this Policy applies to participants and speakers together with any other supplementary information that is provided in relation with each event. In the event we appoint any Third Parties to conduct or organize such events and initiatives, your Personal Data or Personal Information shall be shared to such Third Parties under contractual obligations with such Third Parties in compliance with applicable Data Privacy Laws. The processing of Personal Data/ Personal Information by such Third Parties shall however be governed
by the respective parties’ privacy policies and the contractual obligations entered with us.
11. Retention and Disposal of Personal Data or Personal Information
How long we continues to hold your Personal Data/ Personal Information will vary depending principally on:
12. Security of Personal Data/ Personal Information/ Sensitive Personal Data
In order to comply with our data security obligations under applicable Data Privacy Laws, we has adopted the following physical, technical and organizational security measures to ensure the security of your Personal Data/ Personal Information and Sensitive Personal Data:
We have implemented an incident and breach management procedure to ensure that exceptions in data privacy compliance are promptly reported to the Office of the Data Privacy.
Global Data Privacy Officer for Linkites Infotech Pvt Ltd:
Data Privacy Office:6th Floor Crystal IT Park, Indore ( M.P),India
Attention: Lisa Jain
Data Privacy Officer for Linkites Corporation (US) and European Representative:
Avani Jain – firstname.lastname@example.org
Where and only as far as permitted by applicable local laws, we may monitor the activities of individuals including visitors in our common area premises through CCTV footage. Such data shall be kept in accordance with Linkites Retention Policy, after considering other statutory compliance requirements
14. Policy Revisions and Publication
15. List of Linkites Entities
We might transfer your personal data to our company Linkites Corporation and its subsidiaries