This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the Rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act,2000.This Privacy Policy does not require any physical, electronic, or digital signature.
This Privacy Policy is a legally binding document between you and WOGOM. The terms of this privacy policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the “I accept” tab or by use of the website or by other means) and will govern the relationship between you and WOGOM for your use of the Website (defined below).
This document is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under the Information Technology Act, 2000; which require publishing of the privacy policy for the collection, use, storage and transfer of sensitive personal data or information.
Please read this Privacy Policy carefully. By using the website, you indicate that you understand, agree, and consent to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this website. You hereby provide your unconditional consent or agreements to WOGOM as provided under Section 43A and Section 72A of the Information Technology Act, 2000.
By providing us your Information or by making use of the facilities provided by the Website, you hereby consent to the collection, storage, processing, and transfer of any or all of your Personal Information and Non-Personal Information by WOGOM as specified under this Privacy Policy. You further agree that such collection, use, storage, and transfer of your Information shall not cause any loss or wrongful gain to you or any other person.
WOGOM Private Limited and its affiliates (individually and/ or collectively, "WOGOM") is/areconcerned about the privacy of the data and information of users accessing WOGOM’s website ("Website"). The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of WOGOM and the terms "You" / "Your" / "Yourself" refer to the users. This Privacy Policy is a contract between you and WOGOM, whose website you use or access or you otherwise deal with. This Privacy Policy shall be read together with WOGOM’s Terms of Use or other terms and condition of WOGOM.
You hereby unconditionally agree and permit that WOGOM may transfer, share, disclose or part with all or any of your Information, within and outside of the Republic of India to WOGOM itself and/or to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by the Applicable Laws. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by WOGOM under the Applicable Laws.
You acknowledge and agree that, to the extent permissible under the Applicable Laws, it is adequate that when WOGOM transfers your Information to any other entity within or outside your country of residence, WOGOM will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
WOGOM may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programmes or initiatives launched by WOGOM, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Notwithstanding the above, we may use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable you to make payments for availing services on WOGOM. When you sign up for these services, you may have the ability to save your card details for future reference and faster future payments. In such case, we may share your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments.
WOGOM smay also share Personal Information if WOGOM sbelieve it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
You further agree that such disclosure, sharing and transfer of your Personal Information and Non-Personal Information shall not cause any wrongful loss to you or to any third party, or any wrongful gain to us or to any third party.
Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, WOGOM unless expressly specified on the Website.
WOGOM is not responsible for any form of transmission, whatsoever, received by you from any third party website. Accordingly, WOGOM does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does WOGOM control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by WOGOM of the third party websites, the website's provider, or the information on the website. The information provided by you to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that you review the privacy policy of such third party websites prior to using such websites.
The security of your Personal Information is important to us. WOGOM strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, WOGOM adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where WOGOM stores Your Personal Information. WOGOM shall adopt reasonable security practices and procedures as mandated under Applicable Laws for the protection of your Information. Provided that your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and you hereby waive and release WOGOM from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on Website then your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
WOGOM may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, WOGOM is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. WOGOM is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).
Notwithstanding anything contained in this Policy or elsewhere, WOGOM shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A Force Majeure Event shall mean any event that is beyond the reasonable control of WOGOM and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network,computer crashes, breach of security and encryption (provided beyond reasonable control of WOGOM), power or electricity failure or unavailability of adequate power or electricity.
While we will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of your Personal Information.
You agree that all Personal Information shall be retained till such time required for the Purpose or required under Applicable Laws, whichever is later. Non-Personal Information will be retained indefinitely.
You agree and acknowledge that you are providing your Information out of your free will. You have an option not to provide or permit WOGOM to collect your Personal Information or later on withdraw your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of WOGOM as may be notified to you. In such case, you should neither visit any Website nor use any services provided by WOGOM nor shall contact WOGOM.
You can add or update your Personal Information on regular basis. Kindly note that WOGOM would retain your previous Personal Information in its records.
If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms and conditions or polices of WOGOM, please contact the following:
Mr. Nirav Patel, the designated grievance officer under Information Technology Act, 2000 E-mail:info@wogom.co
The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.
WOGOM may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, WOGOM will reasonably ensure that the Information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which WOGOM transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
You hereby acknowledge and agree that this Privacy Policy:
The European General Data Protection Regulation (“GDPR”) imposes specific obligation on WOGOM with regard toitsrelationship with you. This annexure is an integral part of the Privacy Policy in order to demonstrate WOGOM’s compliance with the GDPR.
For purposes of this Privacy Policy, “GDPR” means Regulation (EU) 2016/679, the General Data Protection Regulation, together with any addition implementing legislation, rules or regulations that are issued by applicable supervisory authorities. Words and phrases in this Privacy Policy shall, to the greatest extent possible, have the meanings given to them in Article 4 of the GDPR. In particular: (a) “Personal Data“ has the meaning to give it in Article 4(1) of the GDPR: “any information relating to an identified or identifiable natural person; an identifiable natural person is one 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, genetic, mental, economic, cultural or social identity of that natural person,” but only to the extent such personal data pertain residents of the European Economic Area (EEA) or are otherwise subject to the GDPR. (b) “Personal Data Breach” has the meaning given to it in Article 4(12) of the GDPR: “[any] breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.” (c) “Processing” has the meaning given to it in Article 4(2) of the GDPR: “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;” (d) “Subprocessor” means any processor as defined in Article 4(8) of the GDPR: “[any] natural or legal person, public authority, agency or other body which processes personal data” on behalf of the Processor (including any affiliate of the Processor). (e) “Transfer” means to disclose or otherwise make Personal Data available to a third party (including to any affiliate or Subprocessor), either by physical movement of the Personal Data to such third party or by enabling access to the Personal Data by other means.
In accordance with GDPR Article 28(1), WOGOM represents that it has implemented appropriate technical and organizational measures in such a manner that its Processing of Personal Data will meet the requirements of the GDPR and ensure the protection of the rights of the data subjects.
In accordance with GDPR Article 28(2), WOGOM shall not engage any Sub-processor without prior specific or general written authorization of you. In the case of general written authorization, the WOGOM shall inform you of any intended changes concerning the addition or replacement of other Sub-processors and give you the opportunity to object to such changes. WOGOMshall also comply with the requirements for sub-processing as set forth in Article 28(4), namely that the data protection obligations set forth herein such be imposed upon the Sub-processor, so that WOGOM’s agreement with the Sub-processor contains sufficient guarantees that the Processing will meet the requirements of the GDPR.
In accordance with GDPR Article 28(3), the following terms are incorporated in this Privacy Policy:
WOGOM shall only process the Personal Data only (i) as needed to provide the services, (ii) in accordance with the specific instructions that it has received from You, including with regard to any transfers, and (iii) as needed to comply with applicable law (in which case, WOGOM shall provide prior notice to You of such legal requirement, unless that law prohibits this disclosure).
WOGOM shall ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
WOGOM shall take all security measures required by GDPR Article 32, namely: (i) Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, WOGOM shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (a) the pseudonymisation and encryption of Personal Data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; (d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing. (ii) In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed. (iii)WOGOM shall take steps to ensure that any natural person acting under the authority of WOGOM who has access to Personal Data does not process them except on instructions from you, unless he or she is required to do so by EEA Member State law.
Taking into account the nature of the processing, WOGOM shall reasonably assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights.
Taking into account the nature of processing and the information available to WOGOM, WOGOM shall comply with (and shall reasonably assist Acme to comply with) the obligations regarding Personal Data Breaches (as set forth in GDPR Articles 33 and 34), data protection impact assessments (as set forth in GDPR Article 35), and prior consultation (as set forth in GDPR Article 36).
At Your discretion, WOGOM shall delete or return all the Personal Data to you after the end of the provision of services relating to Processing, and delete existing copies unless applicable EEA member state law requires storage of the Personal Data.
WOGOM shall provide you with all information necessary to demonstrate compliance with the obligations laid down in the G
WOGOM shall immediately inform you if, in its opinion, an instruction infringes the GDPR other Union or Member State data protection provisions.
WOGOM shall not Transfer any Personal Data (and shall not permit its Sub-processors to Transfer any Personal Data) without your prior consent. WOGOM understands that you must approve and document that adequate protection for the Personal Data will exist after the Transfer, using contracts that provide sufficient guarantees (such as standard contractual clauses) unless another legal basis for the Transfer exists.
WOGOM shall promptly and thoroughly investigate all allegations of unauthorized access to, use or disclosure of the Personal Data. WOGOM will notify you without undue delay in the event of any Personal Data Breach.
WOGOM shall maintain all records required by Article 30(2) of the GDPR, and (to the extent they are applicable to WOGOM’s activities).WOGOM shall make them available to you upon request.
