Privacy Policy

INTRODUCTION:

We, Celoxis Technologies Pvt. Ltd. ("Celoxis"; "we"; "our"; "us"), respect the privacy of everyone who accesses or uses the sites, microsites, mobile application owned, operated and managed by us ("Website") and are committed to protect your ("Users"; "Members") data. This privacy policy ("Privacy Policy") describes the procedures we adhere to for collecting, using, and disclosing your information. We recommend you to read this Privacy Policy carefully so that you understand our approach towards the use of your Personal Information (as defined below), while providing the Services to you.

For residents of the EU, please note that this Privacy Policy has been updated in accordance with the requirements of the EU General Data Protection Regulation (GDPR). For Non-EU residents, by agreeing to access or use the Website and by submitting your Personal Information, you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.

The services offered on the Website are provided to you by Celoxis Technologies Pvt. Ltd., an Indian registered company, 3 Shreyas Eterna, NDA Pashan Road, Bavdhan, Pune. India 411021. For the purposes of EU data protection law, Celoxis is also your data controller.

Please note that those capitalized terms not defined herein, shall have the same meaning ascribed to them in the Terms of Use.

STORED PERSONAL INFORMATION:

Through the Website, we may collect or receive your Personal Information, including but not limited to your name, and address and IP address ("Personal Information"). The Personal Information may also include your phone number, billing information, email address and business postal addresses (street address). We also collect information on the way you use the Website (such as time of access or activities conducted on the Website). You should know that we use the Personal Information for the purposes of our business, for providing you with the Services of our test management software, Tuskr, that is offered through the Website ("Services") or for providing you with our newsletters. You shall be solely responsible for the Personal Information shared by you on or to the Website or otherwise to us, including without limitation for its truthfulness and accuracy.

We collect some information because we are required to collect it under applicable law or in accordance with contractual requirements. We will tell you if the information is required when we ask you to provide it. If you choose not to submit such information, this may result in your inability to access and use our Services.

STATUTORY PROVISION:

For Non-EU residents, this Privacy Policy is governed by and is compliant with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, (which is designed to protect Personal Information of the users of the Website); and other applicable rules and regulations related to privacy.

For residents of the EU, this Privacy Policy is governed by and is compliant with the EU General Data Protection Regulation and other applicable rules and regulations related to privacy.

HOW WE USE PERSONAL AND NON PERSONAL INFORMATION:

The Personal Information we collect is used by us to:

• provide, manage and improve the Services made available to you;
• create and manage User Accounts;
• provide you with technical support;
• access individual User Accounts at times for resolving any problem or issue or if violation of Terms of Use or Privacy Policy is suspected in relation to the Website
• manage our relationship with you;
• manage invoicing and accounting, and comply with our legal obligations;
• send you marketing communications and newsletters;
• contact you about important announcements and other important things about your User Account.

You understand and acknowledge that in order to provide better Services, we may either directly or through a trusted third party identify the patterns of usage of the Website and/or the Services by the users, with the help of analytical tools developed either by us or by any third party service providers.

Our legal bases for collecting, using, sharing and otherwise processing your information

We process the Personal Information in the ways described above:

• as necessary to enter into and fulfill our contract with you;
• consistent with your consent, which you may revoke at any time;
• as necessary to comply with our legal obligations;
• as necessary for our (or others’) legitimate interests, including our interests in managing and improving our Services, unless those interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.

COOKIES:

When you navigate on our Website, we may place “cookies” on your device. Cookies are small files, that a site or its service provider transfer to your device’s hard drive through your web browser that enables the sites or service provider’s systems to recognize your browser and capture and remember certain information. Some cookies are essential in order to enable you to move around the site and use its features, and others enable us to optimize and to personalize our content for each user.

We use two types of cookies. Strictly necessary cookies are essential in order to enable you to move around the site and use its features securely and optimally. The cookies enable us to remember your session identifiers and your consent to the placement of cookies on your device. If you are a Member of our Website, our Website uses cookies to save your username.

Session identifiers cookies are temporary, and they are deleted from your device once you leave the website. The other cookies remain on your device for a maximum period of 13 months and are used to remember your preferences when you return to our website, in order to make your navigation quicker and easier.

If you disable these cookies, you may not be able to use all the features of our website.

We also use cookies to obtain statistics about website traffic. They enable us to collect information about the number of visitors, the pages they see and their activities (for example the links they click on), that we then use to improve our website and adapt it to your needs.

THIRD PARTY LINKS AND ADVERTISEMENTS:

Our Website display some advertisements that may use cookies or similar technologies to provide you advertising based upon your browsing activities and interests. We shall not be responsible for the privacy policies and practices of other websites. Such links and advertisements are subject to their respective terms of use and any additional guidelines and privacy information provided in relation to that use on their website.

DISCLOSURES:

We do not sell, rent, lease your Personal Information to anybody and will never do so. We shall not view, share, distribute, print or refer to any of your Personal Information, except as provided in the Celoxis Terms of Use, or as may be required by law. Keeping this in mind, we may disclose your Personal Information in the following cases:

• Affiliates. We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to your requests for information or Services, or to help limit your receipt of marketing materials you have requested not to receive.
• Service Providers or Business Partners. We may use certain trusted third party companies and individuals to help us provide, analyse, and improve the Services including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service's features. These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. We may disclose your Personal Information to service providers who perform business functions or hosting services on our behalf, who may be located anywhere in the world.
• Persons Who Acquire Our Assets or Business. If we sell or transfer any of our business or assets, certain Personal Information may be a part of that sale or transfer. In the event of such a sale or transfer, we will notify you.
• Legal and Regulatory Authorities. We may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your 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 about our Members to law enforcement officers or others, in the good faith 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 Celoxis, our Members or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.

DATA TRANSFERS (EU Residents):

Celoxis transfers Personal Information concerning EU residents outside the EU in accordance with EU data protection law, including when it is necessary to provide the Services.

We may use a legal mechanism known as “standard contractual clauses” to protect EU personal information transferred outside the EU. Standard contractual clauses refer to contracts between companies transferring personal information that contain standard commitments approved by the EU Commission protecting the privacy and security of the Personal Information transferred.

By continuing to use the Website, you understand that we may transfer and store your Personal Information outside your home country, including to and in India and the United States of America, as described in this Privacy Policy. The privacy protections and the rights of authorities to access your personal information in some of these countries may not be the same as in your home country. Celoxis will only transfer Personal Information as permitted by law, and will take steps intended to ensure appropriate protection of your Personal Information.

If you have questions, please contact us as indicated in the “CONTACT US” section that you will find at the end of the present Privacy Policy.

DATA RETENTION:

We will retain your Personal Information for as long as you remain our customer, by using Our Services. We may also retain and use your Personal Information as long as is required in order to comply with our legal obligations, resolve disputes, and enforce our agreements.

SECURITY:

We value your Personal Information, and protect it on our Website against loss, misuse or alteration by taking extensive security measures. In order to protect your Personal Information we have implemented adequate technology and will update these measures as new technology becomes available, as appropriate. All Personal Information is securely stored in a database, in India and the USA.

Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. You understand that the Website and the Services may not be interruption free. We do not provide any guarantee whatsoever with respect to the continuous access to the Website and the Services. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and, to the extent permitted by applicable law, we take no liabilities or responsibilities for it. You are responsible for all actions of your user account and password. Therefore, we do not recommend that you disclose your password to any third party. If you choose to share your user account and password or any Personal Information with third parties, you are solely responsible for the same. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions. If you feel that your User Account has been compromised or that there is a potential security flaw within our Website, please immediately contact us as indicated in the “CONTACT US” section that you will find at the end of the present Privacy Policy.

YOUR RIGHTS:

In case you need to access, remove, review, and/or make changes to the Personal Information that you have provided to us, you may contact us as indicated in the “CONTACT US” section that you will find at the end of the present Privacy Policy.

If you are an EU Resident, you not only have the right to access and modify your Personal Information, but also to port or erase them. You also have the right to object to, restrict or withdraw your consent to certain processing of your data. 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. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website.

LIMITATION OF LIABILITY:

To the extent permitted by applicable law:

• you expressly understand and agree that Celoxis shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, information, details or other intangible losses (even if Celoxis has been advised of the possibility of such damages), resulting from:
  • the use or the inability to use the Services offered by Celoxis;
  • unauthorized access to or alteration of your Personal Information;
• notwithstanding anything contained in this Privacy Policy or elsewhere, the liability of Celoxis on any account shall not exceed USD 100.

GOVERNING LAWS AND DISPUTES:

Governing Laws. For non EU-Residents, this Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws.

For residents of the EU, this Privacy Policy is governed by and is compliant with the EU General Data Protection Regulation and other applicable rules and regulations related to privacy.

Dispute Resolution.For non EU-Residents, any dispute arising, between you and Celoxis shall be submitted to the arbitration to be conducted in Pune, India in English language, in accordance with the Rules of Arbitration and Conciliation, of the Bombay Chamber of Commerce and Industry by a sole arbitrator, who shall be appointed by the Administrator of Bombay Chamber of Commerce and the award made in pursuance thereof shall be binding on the parties. The dispute resolution and arbitration process mentioned in this Section will not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Pune, India shall have an exclusive jurisdiction over such disputes.

If you are a resident of the EU, you have the right to lodge a complaint with a data protection authority.

CHANGES TO THIS POLICY:

We may update this Privacy Policy with or without notice to you. You are encouraged to check our Privacy Policy on a regular basis to be aware of the changes made to it. If we materially change our privacy policy, we will email you to notify you in advance of the change.

This Privacy Policy was last modified in January 2021.

CONTACT US:

If you have questions or concerns or grievances regarding this Privacy Policy you can email us at [js em address].