PRIVACY POLICY

1. INTRODUCTION

These Terms and Conditions and the Privacy Policy shall together constitute the Agreement which the User (as defined under the Terms and Conditions set out on the Platform) will execute with Mentorgain and shall always be read together for any purpose associated with the Services.

We understand the importance of protecting Your privacy. We are committed to safeguarding the privacy of the personal data or information that We collect, possess, use, process, record, store, transfer, disclose, deal, handle and receive, by and on behalf of the Users while rendering Services to the Users through the Platform. Accordingly, set out below is the Privacy Policy (as defined hereinafter), pursuant to Rule 3(1)(a) of the IT Intermediary Rules (as defined hereinafter), setting out how we intend to safeguard such personal data or information received and used by us as aforesaid. This is in compliance with the prevailing Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“IT SPDI Rules”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Intermediary Rules”), and the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and the rules framed under (“Aadhaar Act”) as may be amended from time to time.

2. SCOPE AND APPLICABILITY OF THIS POLICY

This privacy policy, as amended from time to time, (“Privacy Policy”) is effective from December 2022 and applies to Mentorgain, its affiliates and group companies, its employees, staff, team members, consultants, contractors, advisors, accountants, agents, person, representatives of Mentorgain and/or service providers who collect, possess, use, process, record, store, transfer, disclose, deal, handle and receive, the personal data or information by and on behalf of the Users (“You” or “Your”) while rendering Services, including Cloud Storage Service Providers (“Third Person”).

This Privacy Policy summarizes what type of Personal Data or Information (as defined hereinafter) which We collect about You, the purpose of such data collection, storage and usage of such data or information, to whom such data or information may be disclosed/transferred and how We protect Your privacy.

3. TYPES OF PERSONAL DATA OR INFORMATION WE COLLECT

The term “Personal Data or Information” in this Privacy Policy refers to personal information which does and/or is capable of identifying You as an individual including sensitive personal data. The types of Personal Data or Information that We collect consists of personal and financial information relating to Your:

  • name, gender, home address, telephone number, date of birth, marital status, email address, emergency contacts or other contact information (including the gender, age, nationality and passport information of any relatives and beneficiaries); or
  • affiliations, interests, work history, technical skills, educational background, professional certifications and registrations, language capabilities, job category, job experience, operating locations, reasons for hiatus where applicable; or
  • location of the User in the event, the User given access to the same;
  • any detail relating to the above clauses as provided to Mentorgain; or
  • any of the information received under above clauses by Mentorgain for collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling and disclosing under lawful contract or otherwise.

    • This Privacy Policy does not apply to any information that You may disclose publicly and which is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force and such information shall not be regarded as Personal Data or Information for the purposes of this Privacy Policy. Further, Your Personal Data or Information shall not be disclosed to any Third Person unless the said Third Person is required to have the Personal Data or Information of Yours to provide required Services to You and/or with Your permission and/or to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of terms and conditions of use of the Platform or to defend against legal claims and special circumstances such as compliance with the rules of any stock exchange, subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure. We share Your information with advertisers on an aggregate basis only.

    Further, any Personal Data or Information disclosed by the Users while connecting with each other through the Platform, Mentorgain shall not be responsible and/or liable to treat the same as the Personal Data or Information to be protected by Mentorgain

    You are providing Your consent by providing Your details at the time of registration on the Platform (“Consent”) with respect to the purpose of usage of such Personal Data or Information.

    If You give Your Consent, it is construed that You have done so freely and voluntarily and agree to this Privacy Policy. You always have the right to refuse or withdraw Your Consent for the Personal Data or Information sought to be collected or withdraw Your Consent given earlier to us. We will always respect such a refusal or withdrawal, but this could affect Your use of Platform and could mean that We are unable to perform all the Services, arrangements or contracts with You and will have the option to discontinue the same. We will inform You of these inabilities if they occur. However, We reserve the right to retain such Personal Data or Information as may be necessary for providing any pending Services to You and in accordance with this Privacy Policy and/or if legally required, under the IT Intermediary Rules and other applicable laws.

    You are aware of the:

  • fact that the Personal Data or Information is being collected;
  • contents and/or type of Personal Data or Information which is being collected;
  • purpose for which the Personal Data or Information is being collected;
  • intended recipients of the Personal Data or Information; and
  • name and address of the agency that is collecting the Personal Data or Information o, processing the said Personal Data or Information and retaining the same.

    • We respect Your privacy, therefore, Mentorgain will observe the following guidelines when collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling, and disclosing:

  • Personal Data or Information will be collected, received, possessed, used, processed, recorded, stored, transferred, dealt, handled and disclosed in compliance with the local laws/regulations in India including IT Act, IT SPDI Rules, and IT Intermediary Rules;
  • Personal Data or Information will be relevant/necessary to/for the purposes for which it is collected and used;
  • Personal Data or Information will be current and accurate with reasonable steps taken by Mentorgain to rectify or delete inaccurate Personal Data or Information;
  • Personal Data or Information will be kept only as long as necessary for the purposes for which it was collected and processed and as legally required under the IT Intermediary Rules and other applicable laws; and
  • Reasonable measures will be taken to prevent unauthorized access or use, unlawful processing, and unauthorized or accidental loss, destruction, or damage to such Personal Data or Information, including the use of access-controlled databases for the storage of Your Aadhaar information.

    • 5. PURPOSES FOR COLLECTION, STORAGE AND/OR USE OF PERSONAL DATA OR INFORMATION

    5.1 The primary purposes for collection, storage and/or use of Personal Data or Information is for:

  • our business processes, operations and management including but not limited to performance of the Services, entering into or performing any contract, evaluating and maintaining quality of the Services, providing support to the Services You have obtained from us, managing company assets;
  • processing Your order, corresponding with You, fulfilling Your transaction requests and delivering the programs, information, and Services requested by You or other Services related inquiries;
  • managing Client contacts profiles, administering and providing You with information, services that You request from us or which We feel may interest You,
  • record keeping and other general administrative and Services related processes;
  • ensuring the safety and protection of the rights or property of Mentorgain or its business;
  • complying with applicable legal requirements in India including but not limited to governmental reporting, etc. and fulfilling statutory/legal obligations as a service provider under applicable laws, adhering to judicial or administrative orders, compliance with laws;
  • contacting You via surveys to conduct research about Your opinion of current Services or of potential new services that may be offered by us;
  • while conducting daily business/operations such Personal Data or Information may be provided to affiliates and group companies, employees/staff of Mentorgain and Third Person’s for the purpose of processing such Personal Data or Information for or on our behalf including but not limited to helping us to perform statistical analysis, send You email or postal mail, provide clients and/or prospective clients the support/support services, arrange for deliveries of programs, information, and services, etc.;
  • operating Platform, improving the content of the Platform to offer You better Services and to ensure that content from the Platform is presented in the most effective manner for You; and in connection with the business of Mentorgain.
  • To personalize Your experience and provide content and Service offerings that are best suited to Your interests;
  • To allow us to better respond to Your specific service requests;
  • To improve our Services;
  • To overall analyze and understand Your behaviour by use of data analytics to better Your experience and provide content and Service offerings that are best suited to Your interests. However, the results of which shall be considered our sole intellectual property and proprietary know-how, and shall not by virtue of use of Your data for the purpose of such analysis grant any right of ownership of the end product to either You or any of Your heirs or assigns or to any other third party.

    • 5.2 We shall, at all times, store Your Personal Data or Information in our cloud server storage (“Cloud Storage”) hosted and operated by external vendor (“Cloud Storage Service Provider”) who shall be contractually bound to ensure compliance with applicable data protection laws, and that such Personal Data or Information is safely stored on Cloud Storage with at least the minimum technical safeguards as mandated under the SPDI Rules. The Personal Data or Information so stored and shall not be accessed by the Cloud Storage Service Provider and shall be used for the purpose of business transactions only, and shall be further protected and secured in compliance with the reasonable security practices and procedures.

    5.3 The User hereby accepts and acknowledges that Mentorgain shall not be liable for any loss, leakage or theft of any data belonging to the User on such external Cloud Storage which loss, leakage or theft occurs due to the sole technical or contractual failure of the Cloud Storage Service Provider, including for the payment of any compensation for any harm caused therefrom.

    6. DATA COLLECTION DEVICES

    In addition to Personal Data or Information, We may use data collection devices such as “cookies” or other technology to obtain certain types of information when Your web browser accesses our Platform. Cookies are small files containing a string of characters to identify Your browser. Cookies allow the Platform to remember important data or information that will make Your visit to the Platform more useful. The Platform may use cookies, web beacons and other similar invasive technology to store pertinent user information during a session to speed navigation and keep track of items and to collect anonymous traffic data that We may use to enhance our Platform and for marketing and promotional purposes. You can reset Your browser to refuse cookies or warn You when they are being sent. Please note that by turning cookies off, You may not have access to all features available on our Platform. We also use logging systems on our internal network to register the use of our computer systems. This is done for the purpose of ensuring the performance, integrity and security of these systems. We may also contract with Third Party’s to track and analyze anonymous usage and volume statistical information from our visitors and members for research purposes. Such information is shared externally only on an anonymous, aggregated basis. Such Third Party’s use persistent cookies to help us to improve the visitor experience, to manage our Platform content, and to track visitor behaviour. All data or information collected by Mentorgain is used solely by or on behalf of Mentorgain and is shared externally only on an anonymous, aggregated basis.

    We will make best efforts to do so but do not warrant that any of the third party platforms or any affiliate site(s) or network system linked to our Platform is free of any operational errors nor do We warrant that our Platform will be free of any virus, computer contaminant, worm, or other harmful components. Our Platform contains links to other sites which are not owned or operated by Mentorgain. Mentorgain is not responsible and makes no guarantee for the privacy practices or the content of such third party platforms. These links are provided only as a convenience to You. Neither Mentorgain nor any of its affiliates are responsible for the availability of such third party platforms or their contents. Mentorgain will not be liable for Your Personal Data or Information transmitted over networks accessed by You on these sites or otherwise connected with Your use of the services. You understand, acknowledge and agree that neither Mentorgain nor any of its affiliates are responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with your use of or reliance on any content of any such site or services available through any such site.

    You acknowledge that the Services, content, site and/ or any software are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose. Although Mentorgain has taken adequate safeguard and in case of any breach Mentorgain may take action to remedy such breach. In addition to taking all the reasonable precautions as required under law, Mentorgain expressly disclaims any and all warranties, express or implied, including, without limitation: (i) The Services and/ or software will be free of all viruses and hacking. (ii)The software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas. (iii) Any service will be uninterrupted, timely, secure or error-free for any reasons whatsoever including but not limited to overload/breakdown of receiving network, servers or applications; system failures out of Mentorgain’s control or due to heavy traffic on network.

    7. DISCLOSURES OR TRANSFER OF YOUR PERSONAL DATA OR INFORMATION

    Mentorgain will transfer, with Your Consent, the Personal Data or Information to any other third party in India or overseas, that ensures the same level of data protection that is adhered to by Mentorgain as set out herein for fulfilling any contractual obligation.We will disclose or transfer Your Personal Data or Information in accordance with this Privacy Policy and all applicable legal requirements in India.Your Personal Data or Information will be disclosed or transferred, as may be required from time to time, as follows:

  • For Business Purposes: to (i) the appropriate employees/staff/persons in our offices; (ii) our affiliates and group companies; (iii) from one office within Mentorgain to another office in India or overseas in accordance with the IT Act; (iv) to any third party, in the event of a proposed or actual business transfer; (v) to the Requirement Listing Companies, (vi) to Third Party Service Providers, (vi) certified third party verification agencies for the purpose of background and document verification at the time of registration and (vii) in connection with our business and Services provided by Mentorgain.
  • To Third Person’s: working with us or on our behalf in different industries and categories of business. We will disclose, share, transfer Your Personal Data or Information to any Third Person or provide Your Personal Data or Information to any Third Person in connection with our business requirements or for the purposes indicated herein. Such Third Person’s are required to process Your Personal Data or Information they receive from us in a lawful, safe and responsible manner in accordance with this Privacy Policy and the prevailing laws and take all appropriate security and confidentiality measures such that they do not use Your Personal Data or Information for their own purposes or disclose Your Personal Data or Information to others. Neither Mentorgain nor any Third Person will publish Your Personal Data or Information.
  • For Legal Requirement: to any court of law and/or government agencies/entity as may be required under law and/or statutory authority, Reserve Bank of India and Credit Information Bureau India Ltd. (“CIBIL”) or in response to a legal process, for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences and/or to any third party by an order under the applicable law or if We determine it is necessary or desirable to comply with any applicable law, regulation, legal process or enforceable governmental request or to protect or defend the rights or property including compliance with accounting and tax rules and regulations or to investigate, detect, prevent, or take action regarding illegal activities, suspected fraud, security or technical issues or situations involving potential threats to the physical safety of any person.
  • For Centralized Data Processing Activities: We have centralized certain aspects of the data processing and administration in order to allow us to better manage the business. Such centralization may result in the transfer of Your Personal Data or Information: (i) from one country to another; (ii) to my employees/staff of the affiliates/group companies of Mentorgain in other locations, etc. However, whenever Your Personal Data or Information is transferred within Mentorgain, it will be processed in accordance with the terms and conditions of this Privacy Policy.

    • 8. REASONABLE SECURITY PRACTICES AND PROCEDURES AND AUDITS

    We seek to ensure compliance with the requirements of the IT Act and SPDI Rules to ensure the protection and preservation of Your privacy, therefore We take reasonable security measures to protect Your Personal Data or Information against unauthorized access, alteration, disclosure or destruction. We have a number of physical, electronic, and procedural safeguards/measures in place to actively protect the confidentiality, security, and integrity of Your Personal Data or Information, including a comprehensively documented information security programme and a strict security policy that contains managerial, technical, operational and physical security control measures for protecting such data or information. We have implemented standard or code of best practices for data or information protection.

    We limit access to Your Personal Data or Information to members of my team/employees of Mentorgain/Third Person’s who We believe reasonably need to come into contact with that information for the purpose of performing their duties and rendering services to You. Your Aadhaar information is stored in a secure, access-controlled database. We have strict confidentiality obligations that apply to such members/employees of Mentorgain/Third Person’s. Failure to meet these obligations may result in disciplinary and other actions, including dissolution of a contract, termination of employment and criminal prosecution.

    We conduct training to authorized users regarding the lawful and intended purposes of processing Your Personal Data or Information , the need to protect and keep information accurate and up-to-date and the need to maintain the confidentiality of the data or information to which such authorized users have access. Authorized users will comply with this Privacy Policy, and We will take appropriate disciplinary actions, in accordance with applicable laws in India, if Your Personal Data or Information is accessed, processed, or used in any way that is inconsistent with the requirements of this Privacy Policy.

    9. RETENTION OF YOUR PERSONAL DATA OR INFORMATION

    We are aware of the importance of timely destruction of Personal Data or Information. We ensure that Your Personal Data or Information is not stored/retained for a longer period than necessary for the purpose for which it was collected, used or processed or as provided in the contracts except when there is a legal obligation to do so under any law in India, including but not limited to, the IT Intermediary Rules. It is practice of the Platform to destroy Your Personal Data or Information as soon as possible after it is no longer necessary for the purpose for which it was collected, used or processed save and except as stated hereinabove.

    10. UPDATING OR REVIEWING YOUR PERSONAL DATA OR INFORMATION/ QUESTIONS OR COMPLAINTS

    You may by a written request review the Personal Data or Information provided by You. We will ensure that any Personal Data or Information about You which is found to be inaccurate or deficient shall be corrected or amended as may be feasible.

    You expressly state that Personal Data or Information provided by You to us is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts. We expressly disclaim any liability arising out of the said data or information provided by You to us. Further, You expressly agree that We are not responsible for the accuracy and authenticity of such data or information provided by You to us and You agree to indemnify Mentorgain for all losses incurred by Mentorgain due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts made by You to Mentorgain.

    In case of any discrepancies or grievances with regard to the processing of Your Personal Data or Information, please contact admin@mentorgain.com. Further on receipt of any concerns or complaints the Grievance Officer will employ all commercially reasonable efforts to address the same at the earliest but in no event the same shall exceed One (1) month of receipt of same.

    11. ENFORCEMENT RIGHTS

    All Mentorgain’s affiliates/group companies will ensure that this Privacy Policy is observed. All employees/staff of Mentorgain and Third Persons who have access to Personal Data or Information are required to comply with this Privacy Policy.

    All Third Persons shall only process the Personal Data or Information in accordance with Mentorgain’s instructions or make decisions regarding such data or information as part of the delivery of their services. In either instance, Mentorgain will select reliable Third Persons who undertake, by contract or other legally binding and permissible means, to put in place appropriate technical and organizational security measures to ensure an adequate level of protection of such data or information. Mentorgain will require Third Persons to comply with this Privacy Policy or to guarantee the same levels of data protection that is adhered to by Mentorgain when handling/processing such data or information. Such selected Third Persons will have access to such data or information solely for the purposes of performing the services specified in the applicable service contract and are legally and contractually bound to maintain the privacy of such data or information shared with them and will not disclose it further. If Mentorgain concludes that a Third Person is not complying with these obligations, it will promptly take appropriate actions to remedy such non-compliance or implement necessary sanctions.

    Additionally, Mentorgain team members/employees/staff are bound by internal confidentiality standards and policies. Any team member/employee/staff found to have violated this Privacy Policy or any other policies will be subject to strict disciplinary action, up to and including termination of employment including penalties under applicable laws in India.

    All Third Persons and my team members/employees/staff do hereby specifically agree that he/she/it shall, at all times, comply with the requirements of the IT Act, IT SPDI Rules, and IT Intermediary Rules while collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling and disclosing Personal Data or Information. The said Third Persons and team members/employees/staff do further unequivocally declare that in case he/she/it violates any provisions of the IT Act, IT SPDI Rules, and IT Intermediary Rules, he/she/it shall alone be responsible for all his/her/it acts, deeds and things and that he/she/it alone shall be liable for civil and criminal liability there under or under any applicable Indian law for the time being in force.

    12. MODIFICATIONS TO THE PRIVACY POLICY

    Mentorgain reserves the right to update, change or modify this Privacy Policy, from time to time, without prior notification. The Privacy Policy shall come into effect from the date of such update, change or modification.

    We will inform You regarding any such changes by updating this Privacy Policy and will post all changes to the Privacy Policy on relevant place on the Platforms.

    Effective with the implementation of this Privacy Policy, all existing intra-group agreements and the applicable Mentorgain privacy guidelines or practices relating to the processing of Personal Data or Information will be superseded by the terms of this Privacy Policy and modified accordingly. All parties to any such agreements will be notified of the effective date of implementation of the Privacy Policy.

    If any of the terms or definitions used in this Privacy Policy are ambiguous, the definitions established under the IT Act and the rules formulated under the scheme of the IT Act, IT SPDI Rules, and IT Intermediary Rules shall apply.

    13. CHANGES TO THIS PRIVACY POLICY

    We reserve the right to modify this Privacy Policy at any time in accordance with applicable law. If we do so, we will post the revised Privacy Policy and update the “Last Updated” date at the top. If you disagree with the revised Privacy Policy, you can cancel your Account. If you do not cancel your Account, your continued access to or use of the Mentorgain will be subject to the revised Privacy Policy.

    By using our website, you hereby consent to our Privacy Policy and agree to its Terms and Conditions.