Privacy policy

1. Introduction

This General Privacy Policy (“Policy”) explains how we may collect and use information that Klub Works Commerce Private Limited, its related corporations, and/ or associated companies (“Klub” or “we” or “us” or “our”) obtain about you, and your rights in relation to that Personal Data.

Please read this Policy to understand how we will collect, use, and process your personal data and the rights you have in relation to your Personal Data. This Policy may be amended from time to time. Please visit this page if you want to stay up to date, as we will post any changes in our approach to data privacy here.

By providing your explicit consent and/ or by your provision of information to us, you acknowledge the terms of this Policy and the use and disclosure of your Personal Data as set out in this Policy.

2. Scope of the Policy

This Policy applies to our processing of Personal Data in relation to the provision of any of our products and/or services, including:

when you request information from us; when you engage our services and/or purchase our products; as a result of your relationship with one or more of our clients; where you apply for a job or work placement; and your use of our websites (including our associated sites) and online services (including our mobile apps, if any).

3. Definition

3.1 “Personal Data” is any information that either directly or in combination with other information is available or likely to be availed by an organization that identifies an individual. Examples of Personal Data could include names, email ids, phone numbers etc. Certain types of Personal Data known as “Special Categories of Personal Data” or “Sensitive Personal Data” include passwords, financial details, official identifiers, etc.

3.2 For the purposes of this Policy, Personal Data includes Sensitive Personal Data.

4. How your Personal Data is collected

4.1 Directly

We generally collect your Personal Data directly from you when you are one of our customers. When you enter a contract with us, you will be asked to provide Personal Data. This information is likely to include your name, address, date of birth, email address, phone number, financial information, and/or any other information considered as Personal Data that may deem necessary by Klub to perform its business activities from time to time.

We may also collect Personal Data from you when you make transactions or otherwise interact with us, for example by contacting our customer service personnel or reporting a problem on our website. The categories and range of Personal Data we collect, and hold will vary from customer to customer. However, our policy is to collect only the Personal Data necessary for the provision of our services to you.

Please do not include or provide any personal information unless specifically requested as part of the registration or other applicable processes by us. If any information you have provided or uploaded violates the terms of this Policy, we may be required to delete such information upon informing you of the same and revoke your access if required without incurring any liability to you.

4.2 Business contacts and suppliers

We collect certain limited Personal Data about our business contacts, including subcontractors and individuals associated with our suppliers and subcontractors, and service providers (including professional advisors and individuals associated with our service providers). Personal Data collected in this context usually includes (but may not exclusively be limited to) name, employer name, contact title, phone, email, and other business contact details.

4.3 Careers and recruitment

If you apply for a job or work placement you may need to provide information about your education, employment, nationality, and state of health. Your application will constitute your express consent to our use of this information to assess your application and to allow us to carry out both recruitment analytics and any monitoring activities that may be required of us under applicable law as an employer. We may also carry out screening checks (including reference, background, directorship, financial probity, identity, eligibility to work, vocational suitability, and criminal record checks) and consider you for other positions. We may disclose your Personal Data (including diversity and equal opportunities data) to academic institutions, recruiters, screening check providers, health service providers, professional and trade associations, law enforcement agencies, recruitment analytics and diversity research providers, referees, and your current and previous employers. We may also collect your Personal Data from these parties in some circumstances. Without your Personal Data, we may not be able to progress considering you for positions with us.

4.4 Automatically

When you use our online services or visit our website, we may collect the following information from you automatically: details of visits made to our website such as the volume of traffic received, logs (including, the internet protocol (IP) address and location of the device connecting to the online services, and other identifiers about the device and the nature of the visit), and the resources accessed.

5. Purpose and use of Personal Data

We may use/ process your Personal Data in the following circumstances:

1. to create and maintain your account with us; performance of a contract with you;
2. to comply with Klub's legal or regulatory obligations;
3. to process your job application;
4. to send marketing and promotional offers to you;
5. fulfilment of customer service requests;
6. to provide our services, including this website to you;
7. to provide an improved experience when you avail of our services and products;
8. to notify you about changes to the products and/or services that we offer and (where you have indicated your consent) to directly market these products and/or services to you;
9. research, statistical, and survey purposes;
10. to allow you to participate in interactive features of our products and services;
11. as part of our efforts to keep our products and/or services safe and secure;
12. to analyze your credit risk (if applicable);
13. to handle payment and collection processes to and from customers; and/ or
14. for anti-money laundering, prevention of terrorist financing, and identity verification purposes.

With reference to the above stated purposes, the following data elements may be collected as applicable:

5.1 During registration

1. Organization name
2. Primary contact first name
3. Primary contact last name
4. Primary email
5. Country code
6. Primary contact number
7. Company website
8. Primary address
9. Country
10. State
11. City
12. Postal code

5.2 During know your customer ‘KYC’

Identification proof Address proof

5.3 For billing

1. Billing address
2. Country
3. State
4. City
5. Postal code
6. Taxation type
7. Taxation ID
8. Credit limit
9. Billing cycle
10. Bill date
11. Currency
12. Billing type

5.4 For support

1. First name
2. Last name
3. Email
4. Country code
5. Contact no.

5.5 Marketing

We (and permitted third parties) may contact you for direct marketing purposes via social media, direct messages, WhatsApp, post, telephone, email, and SMS/MMS. This marketing may relate to:

1. Products and services we (or permitted third parties) feel may interest you;
2. Information about other goods and services we offer that are similar to those that you have already used or inquired about;
3. Upcoming events, promotions, and new products and/or services or other opportunities as well as those of selected third parties who are contracted by Klub; and
4. If you no longer wish to receive marketing communications from us, you may click on the unsubscribe link on any marketing communication that you receive from us.

For clarity, any telephone calls that you make to us may be recorded for training or security purposes and may be stored and used to verify your instructions to us.

6. Who do we share your Personal Data with

We may share your Personal Data with the following categories of recipients:

6.1 Regulatory bodies

We may disclose your Personal Data:

1. to regulators and law enforcement agencies (including those responsible for enforcing anti-money laundering legislation);
2. in response to an inquiry from a government agency;
3. to data protection regulatory authorities; and
4. to other regulatory authorities with jurisdiction over our activities.

6.2 Employees and service providers

We may share your Personal Data with our employees, contractors, partners and/or agents who need to know the information in order for us to provide you with our services and for you to be able to access our platform; and who are subject to strict contractual confidentiality obligations.

We may also disclose your Personal Data to third-party service providers who require access to such information for the purpose of providing specific services to us. These third parties will generally only be able to access your data to provide us with their services and will not be able to use it for their purposes.

6.3 Professional advisors and auditors

We may disclose your Personal Data to professional advisors (such as legal advisors and accountants) or auditors for the purpose of providing professional services to us.

6.4 Change of ownership

In the event, we sell or buy any business assets, we may disclose your Personal Data to the prospective seller or buyer of such business or assets. If Klub or substantially all its assets are acquired by a third party, Personal Data held by us about our clients will be one of the transferred assets, subject to a different privacy policy. However, in such an event, prior intimation will be given to you, and if you wish for your Personal Data not to be transferred, you can revoke your consent for the processing of your Personal Data by us or the prospective buyer. In such a case, the services rendered by us or prospective buyer, as the case may be, shall be hindered and/or disabled due to the revocation of consent to process your Personal Data.

7. How we protect your Personal Data

We care about protecting your information and put in place appropriate measures that are designed to prevent unauthorized access to and misuse of your Personal Data. These include measures to deal with any suspected data breach.

We do this by having in place a range of appropriate technical and organizational measures, for example, the protection of passwords using industry-standard encryption such as AES 256, measures to preserve system security and prevent unauthorized access, and backup systems to prevent accidental or malicious loss of data.

You should also help protect your data by appropriately selecting and protecting your password and/ or other login credentials; limiting access to your computer or device and browser; and signing off after you have finished accessing your account, and we cannot be held liable, in any manner, for any unauthorized use of your Personal Data and consequent damage and/or losses, arising from your failure to meet such reasonable protection measures.

When we work with third parties, we require that they maintain the confidentiality, security and integrity of the information and commit that the information is not used for any prohibited purpose.

Given the nature of internet transactions, we do not take any responsibility for the transmission of information including your Personal Data shared by you. Any transmission of such Personal Data on the internet is done at your risk and we shall not be responsible for the circumvention of the privacy settings or security measures either by you or any third party.

Notwithstanding anything contained hereinabove, in the event any breach of security occurs and impacts your Personal Data that is stored and/ or processed by us, then we shall take best efforts to inform you of the same at the earliest, in accordance with applicable laws.

8. How long we keep your Personal Data

We will not keep your Personal Data for longer than is necessary for the purposes for which we have collected it unless applicable law or other regulation requires us to retain it. In determining the appropriate retention period for different types of Personal Data, the amount, nature, and sensitivity of the Personal Data in question, as well as the potential risk of harm from unauthorized use or disclosure of that Personal Data, the purposes for which we need to process it.

Once we have determined that we no longer need to hold your Personal Data, we will delete it from our systems or render it inaccessible/unusable by Klub or its third parties with due regard to the protection of privacy of the said Personal Data.

9. Guidelines for children

Services provided by Klub are intended for the general public and are not meant for individuals below the age of majority as per applicable laws of such jurisdiction (eighteen (18) years of age in India).

We do not knowingly or intend to gather personal information from children. If you have any concerns, please contact our privacy officer/ Data Protection Officer (“DPO”) at DPO@klubworks.com.

10. Your rights to Personal Data

You shall have the right to access and receive your Personal Data which has been provided to us under the terms of this Policy, in a structured, commonly used and machine-readable format, along with a summary of the processing activities undertaken by us under this Policy. You may request a copy of your Personal Data and/ or our processing activities, by contacting the Company at DPO@klubworks.com.

If you wish to place a complaint with regard to privacy requirements or laws, access any of your Personal Data or would like to update or correct any errors in your Personal Data provided to us, please contact our privacy officer / DPO at DPO@klubworks.com so that we can consider and respond to your request. In the event your complaint or grievance against our failure to comply with the provisions of the Digital Personal Data Protection Act, 2023 and the rules made thereunder, is not addressed by the privacy officer / DPO within a period of [Five (5) working days], you may file a complaint with the Data Protection Board of India in accordance with the Digital Personal Data Protection Act, 2023, and the rules made thereunder.

If you wish to access, rectify, or delete your Personal Data, please contact our privacy officer / DPO at DPO@klubworks.com. We will seek to deal with your request without undue delay and in any event within one (1) month (subject to any extensions to which we are lawfully entitled) of receipt of your request. Please note that we may keep a record of your communications to help us resolve any issues that you raise.

You may also withdraw your consent previously provided by writing to us at DPO@klubworks.com. Please note, should you withdraw your consent, it may hamper our ability to provide services to you and may result in the complete cessation of all services to you. Klub or any of its authorized third parties will not be liable for any losses suffered by you because of the same.

You have the right to nominate, any other individual, who shall, in the event of your death or incapacity, exercise your rights under this Policy and applicable laws.

You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the ‘unsubscribe’ or ‘opt-out’ link in the marketing emails we send you.

11. Data storage in pseudonymised or anonymised format

We are likely to also store your personal data in pseudonymized or anonymized format to the extent permissible by law for various reasons including but not limited to archiving purposes, statutory compliances, making internal reports, and more.

12. Changes to this Policy

This Policy is effective as of [01.04.2024]. We may change this Policy from time to time and reserve the right to do so at any time. Subject to your rights at law, you agree to be bound by the prevailing terms of the Policy as updated from time to time on our platform.

Klub may from time to time, update this Policy to ensure that this Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. The updated Policy will be provided at the earliest when any changes are made. This shall be circulated either through email or by providing a prominent Policy of the change on the website. You are advised to check the Policy periodically. By continuing to use our services, you are deemed to have accepted the amendments made to this Policy, if any. If you disagree with the revised Policy, you may refrain from using our platform.

13. Governing Law and Jurisdiction

This Policy shall be governed in all respects by the laws of India. If you use our platform outside India, you are responsible for complying with the legislation wherever you are located. The courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any matters arising out or in relation to this Policy. It is clarified that to the extent this Policy conflicts with any applicable provisions of law, such provisions of law shall supersede the Policy.