Benchkart Privacy Policy

THIS PRIVACY POLICY (“Policy”) has been drafted in accordance with the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

At Benchkart Services Pvt. Ltd., (hereinafter “Company”, “we”, “our” or “us”), your privacy is of great importance to us. We understand that you entrust us with certain Personal Information (as defined below) to help us provide various services. In exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with the terms of this privacy policy ("Privacy Policy"). The Company values your privacy.

In this Privacy Policy ("Policy"), we describe the information that we collect about you, how we use and disclose that information, when you use and access the <https://benchkart.com> (the “Website”) and the “BENCHKART” technology platform accessible through desktops, mobile phones, smart phones and tablets (the “Application”) (Website and Application collectively referred to as “Benchkart Platform”/ “Platform”). The words “you” or “your” as used herein, refer to all individuals, including Clients and Partners and/or entities accessing or using the Website, Application, Platform or Services offered therein for any reason. The Company is the owner of the Benchkart Platform.

If you have any questions or comments about the Privacy Policy, please contact us at outsource@benchkart.com. This Policy is incorporated into and is subject to the Company’s Terms of Use with Clients and Partners, which can be accessed at www.benchkart.com. Your use of the Website, Application, Benchkart Platform and/or Services offered thereunder and any personal information you provide on therein remains subject to the terms of the Privacy Policy and Terms of Use.

BY ACCESSING OR USING THE WEBSITE, THE APPLICATION, BENCHKART PLATFORM. AND /OR SERVICES PROVIDED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND/OR PRIVACY POLICY DO NOT USE THE SERVICES.

YOUR PRIVACY - OUR COMMITMENT

We recognize the importance of your personal privacy. Please read the following policy to understand how your Personal Information will be treated as you make full use of our Services through the Website and/or Application. Except as disclosed in this Privacy Policy or as otherwise authorized by you, we will never share your Personal Information with third parties for their marketing purposes. Your trust and confidence are our highest priority.

CONSENT

By using our Services you understand and accept this Privacy Policy along with any changes as may be made from time to time and thereby expressly consent to our collection, storage, processing, usage, disclosure and transfer of Your Information (as defined below) in accordance with this Privacy Policy. If you are not agreeable to this, please do not use the Platform or the Services. You acknowledge that You are providing Your Information out of Your free will.

You have the option not to provide us the Information sought to be collected. If You do not provide us Your Information or if You withdraw the consent at any point in time, we will not be able to offer the Services available on the Platform.

DEFINITIONS

As used in these Terms, the following terms shall have the meaning set forth below:

“Bid” shall mean the proposal that the Partner submits in response to the Project posted by the Client on the Benchkart Platform. As per the Terms of Use, every Bid submitted by the Partner shall be routed only through the Benchkart Platform.

“Confidential Information” shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to the Client Information; such as details about the Project, such as specific requirements, specifications, description of services mentioned in the Project; all types of data, information, ideas, processes, procedures, software specifications, technical processes, product designs, financial information, business plans, projections, marketing data and other similar information provided by one party to the other; documentation, the existence and contents of this Agreement or agreements between Benchkart, Client and Partner, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or proposed trade names, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.

“Client” means anyone who signs up and registers as a customer by creating an Account through the Benchkart Platform and who posts Projects.

"Client Information" means information regarding Clients which includes information such as name and address, legal status, nature of business, company information, details of the Project, etc.

“Effective Date” means the Date on which You accept these Terms by clicking ‘Sign in’, 'Sign Up' or 'I Accept' or entering into an agreement with the Company.

“Nodal Account” means such bank account maintained by Benchkart so as to hold the payments payable by the Client to the Partner for their Services in a Project, and from which account the Partner shall be paid for the Service upon completion of the Project or as per a timeline mutually agreed upon by the Client and Partner.

“Project” shall mean the assignment for which the Client wishes to engage the Services offered on the Benchkart Platform through the Partners who have registered therein and which may include details such as project type, category and sub-category, duration, project value, key deliverables, milestones & payment details, location (and whether the project can be completed remotely), scope of work, a project description, which is provided by a Client to the Partners so that they can Bid for the Project.

“Service” means services offered on the Benchkart Platform through Partners who specialize in relevant fields required for the Projects posted by the Clients such as digital services, hiring developers, mobile and web development, software development, IT services, BPOs, KPOs and such other services as the Company may offer from time to time.

“Partner” could include a complete agency itself which specializes in offering Services for which the Project is posted or duly qualified and experienced professionals working in that agency depending upon the nature and scope of the Project. The Client could either hire an agency or resources from the agency depending upon the requirements of the Project.

“Partner Information” means information pertaining to name, address, documents such as certificates/licenses/registrations to verify the legal status, expertise in a specific field, copies of certificates/degrees/qualification/certifications in the area of specialization and expertise, professional memberships and such other information/documents that the Company may require to be submitted from time and time or as the case may be etc.

“Project Agreement” means an Agreement entered into by the Partner and Client before the Partner starts to offer Services to the Client and which may be either provided by the Company or furnished by the Client or Partner as the case may be.

All other capitalized terms shall have the meaning ascribed to them in the Other Terms.

INFORMATION WE COLLECT

Information Provided to Us:

Personal Information:

Client: We receive and store Personal Information (i.e. includes information that whether on its own or in combination with other information may be used to readily identify or contact you such as: name, address, email address, phone number, ) and Non-Personal information such as legal status, nature of business, company information provided by you when you set up an account upon registration (Account) and use the Website and/or Application. The Information provided by you, for the purposes of this Privacy Policy, may include, but are not limited to: (i) first and last name; (ii) your appearance/ photographs; (iii) a home or other physical address; (iv) an email address or other contact information including mobile / landline numbers; (v) office address and company ownership details; (vi) information pertaining to your use of our Services through the Website and/or Application including information such as information pertaining to details of the Project such as specifications, milestones, the time lines, budget etc., the Bids received, which could be used to personally identify you (vii) demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers ) and (viii) the details that you post in your Profile, wants, or feedback, and any comments or discussions you post in any blog, chat room, or other correspondence on the Website or Application that will enable people to personally identify you and (ix) payment information such as credit card information bank details, from you. You always have the option to not provide information by choosing not to use a particular service or feature. Importantly, we only collect Personal Information about you that we consider necessary for achieving this purpose and communicating with you about the Services being offered.

Partners: We receive and store Personal Information, (i.e. any information that may be used to identify you) and Non-Personal information provided by Partners when you set up an account upon registration (Account) and use the Website and Platform. Your Personal Information, for the purposes of this Privacy Policy, includes, but is not limited to: (i) your name and address; (ii) your business name and address; (iii) information pertaining to your qualification, experience, specialization, consultation fees, timeline for completing the Project, your education, professional memberships, (iv) details of the Bid submitted and communication with the Client regarding the Project, (v)your other contact information (including mobile / landline numbers), whether at work or at home; (vi) documents such as relevant registration/permissions required for offering your services; (vii) username for accessing Account on our Website or Application.

By continuing to use our Website and/or Application you are deemed to have read the Privacy Policy and understood the purpose for which your Personal or Non-Personal Information is being collected and how the same shall be used and granting your express consent to such purpose and use. If, at a later date, you wish to withdraw this consent, please send us an email at outsource@benchkart.com.

Non-Personal Information

Information Collected Automatically: When you use the Website and/or Application, we automatically receive and record information on our server logs from your browser or mobile, including but not limited to your hardware model, operating system version, unique device identifiers, mobile network information including location, URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, IP address and cookie information. We treat this data as Non-Personal Information, except where we are required to do otherwise under applicable law.

Data Collection Devices: We use data collection devices such as "cookies" on certain pages of the Website and/or Application to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on the hard drive of your computer that assist us in providing our Service. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and/or Application and you may be required to reenter your password more frequently during a session.

USE OF INFORMATION COLLECTED

Personal Information about Clients and Partners is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We may share your Personal Information only as described in this Privacy Policy and related documents.

Use of Personal Information:

We will use and store Personal Information to enable you to offer or receive services, including registering you for offering or receiving our services, verifying your identity and authority to offer or use our services, and to otherwise enable you to use our Website, Application and our Services; to maintain, and improve our Services, including, for example, to facilitate payments, provide Services you request (and send related information), develop new features, provide customer support to Clients, develop safety features, authenticate users, and send updates and administrative messages, to market the Service and for the internal operational and administrative purposes of the Service, to process billing and payment, including sharing with third party payment gateways in connection with Website, Application and Services. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website or Application we may collect such information into a file specific to you. You agree that we may use Personal Information about you to improve our marketing and promotional efforts, to analyze Website and Application usage, improve the Website and Application content and Service offerings, and customize the Website and Application content, layout, and Services. These uses improve the Website and Application and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Website and/or Application.

You agree that we may use your Personal Information in the file we maintain about you, and other information we obtain from your current and past activities to: resolve disputes; troubleshoot problems; help promote safe trading; measure consumer interest in the Services provided by us; inform you about online and offline offers, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms of Use; and as otherwise described to you at the time of collection.

Aggregate Information: We will also use Personal Information and non-personally identifiable information and other information (including information from online and offline third party sources) to create aggregated data for analytical and other purposes. We use this information to do internal research on your demographics, interests, and behavior to better understand, protect and serve You. This information is compiled and analyzed on an aggregated basis. Unless otherwise stated in this Privacy Policy, We only use this data in aggregate form.

Non-personally identifiable information: We may freely use Non Personally Identifiable Information in connection with the Services offered through the Website and Application, including: to administer the Services being offered thereunder, to understand how well our Service is working, to market the Services and other products and services, to develop aggregate, statistical information on usage of the Service and to generally improve the Service.

Email Communication/Text Messages: If you create an account and provide your email address and phone number, we will send you administrative and promotional emails and text messages. If you wish to opt out of promotional emails or text messages, you may do so by following the "unsubscribe" instructions in the email, "opt out" instructions in the text message or by editing your account settings. All Clients and Partners will receive administrative emails and/or text messages.

OUR DISCLOSURE OF YOUR INFORMATION

We may also use your Personal Information to deliver information to you that, in some cases, are targeted to your interests, such as new services, rewards and promotions. The following are some circumstances under which and people to whom we would share your Information with from time-to-time:

Disclosure of Personal Information:

Clients: We do not disclose your email address, telephone number and mailing address to any third party for marketing purposes. Except as otherwise provided under this Privacy Policy, we will disclose your Personal Information to third parties only in the following limited circumstances:

if you use the Service through the Website and/or Application, we may disclose your Information to the associated Partners who have listed their services on the Website and Application to respond to the proposals submitted by you pertaining to Projects by posting Bids on the Website and /or Application. For instance, we may share details of your Company name, address, details of the Projects, specifications, timelines, deliverables, etc, and certain contact information (depending upon your location and applicable laws) to enable them to submit bids to the proposals and offer their services ;

to trusted third parties who work on behalf of or with us under confidentiality agreements. These entities may use your Personal Information for performing services, administering promotions, analyzing data and usage of the Service through the Website and Application, processing credit card payments, operating the Service or providing support and maintenance services for the same, or providing customer service.

when we have your consent to otherwise share the information.

Partners: We do not disclose your email address, telephone number and mailing address to any third party for marketing purposes. Except as otherwise provided under this Privacy Policy, we will disclose your Personal Information to third parties only in the following limited circumstances:

if you use the Service through the Website and/or Application, we may disclose your Information to Clients in connection with the Bids submitted by you in relation to the Project posted by them on the Website and/or Application. For instance we may share details of your name, qualification, experience, specialization, consultation fees, education, professional memberships, and certain contact information (depending upon your location and applicable laws), etc.

to trusted third parties who work on behalf of or with us under confidentiality agreements. These entities may use your Personal Information for performing marketing services, administering promotions, analyzing data and usage of the Service through the Website and Platform, processing credit card payments, operating the Service or providing support and maintenance services for the same, or providing customer service.

when we have your consent to otherwise share the information.

Non-Personally Identifiable Information: We may disclose other Non-Personally Identifiable Information to third party advertisers and advertising agencies, partners, and other parties in order for us and such third parties to analyze (a) the performance of, to operate and improve the Services offered through the Website and Application, (b) the behavior of Clients and to target offers to Clients depending upon their requirements and (c) the behavior and ratings of Partners. We may also disclose, use or publish this information for promoting the Services offered under the Website and/or Application. These third parties are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced operation, unless you have explicitly agreed or given your prior permission to them for additional uses.

Aggregate Information: Because the aggregate information we collect does not specifically identify you, it may be shared with any number of parties. For example, we may disclose anonymous, aggregated information to third parties such as potential business partners, end users, Partners, advertisers, and funding sources, in order to describe our business and operations.

Network Operators: Use of the Service provided through the Website and Application may involve use of the services of third party telecommunications carriers and Service providers (such as the services of the carrier that provides cell phone service to you). Such carriers and Service providers are not our contractors, and any information that a carrier collects in connection with your use of the Service provided through the Website and/or Application is not "Personal Information" and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers or Service providers.

Additional Disclosures: Notwithstanding anything to the contrary in this Privacy Policy, We reserve the right to use or disclose Personal Information and any other information we collect in connection with the Service offered through the Website and/or Application (a) to any successor to our business, including as a result of any merger, acquisition, asset sale or similar transaction, (b) to any corporate affiliate of ours whose privacy practices are substantially similar to ours, (c) to any law enforcement, judicial authority, governmental or regulatory authority, to the extent required by law or legal process, or (d) if in our reasonable discretion, such use or disclosure is necessary to enforce or protect our legal rights or to protect third parties.

STORING YOUR INFORMATION

Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain correspondence and transaction details until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When personal data is no longer needed, we either irreversibly anonymize the data (and we may further retain and use the anonymized information) or securely destroy the same.

ACCESS OR CHANGE YOUR PERSONAL INFORMATION

You may review, correct, update, change or delete your information at any time by contacting us at outsource@benchkart.com. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information.

Even after you remove information from the Platform, copies of that information may remain viewable elsewhere, to the extent it has been shared with others or it was otherwise distributed pursuant to your privacy settings. Removed and deleted information may remain on backup media for up to ninety (90) days prior to being deleted from our servers or for a period as required by law.

OTHER WEBSITES

Our Website and/or Application may contain links to other websites. Please note that when you click on one of these links, you are entering another website/application over which we have no control and will bear no responsibility. Often these websites/applications require you to enter your Personal Information. We encourage you to read the privacy statements on all such websites/application as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of Personal Information or loss incurred by your use of these websites /application. We are not responsible for the privacy policies and/or practices on other sites. This Privacy Policy only governs information collected by us.

ACKNOWLEDGEMENTS

You hereby agree and acknowledge that the application for registration and copies of all documents submitted by you are and shall remain the sole and exclusive property of Company, and Company shall not be obliged to return the same to you upon your request. Any unauthorized access to the Platform is a breach of these terms and a violation of the law. You agree not to access the Platform by any means other than through the interface that is provided by Company.

AMENDMENTS TO THE PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Clients and Partners are bound by any changes to the Privacy Policy when they continue to use the Website(s) and/or Application after such changes have been first posted.

CONTACTING US

If you have any questions about this Privacy Policy or the privacy practices of this Website or Application you can contact us at outsource@benchkart.com We will make every effort to resolve your concerns.

SECURITY OF PERSONAL INFORMATION

We take reasonable security measures and procedures, and as specified by applicable law, to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, or unauthorized access, disclosure or modification of Personal Information. While we take these reasonable efforts to safeguard your personal information, you acknowledge and agree that no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. You are aware of all security risks, including possible third-party interception of any of your transactions and statements of account on the internet and the content of your transactions or statements of account becoming known to third parties. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity. You agree and undertake that you shall not hold Company liable therefore in any way. The use and storage of any information, including without limitation, password, account information, transaction activity and any other information available on your internet access device or computer or mobile phone is at your own risk and responsibility. You furthermore acknowledge and accept that Company may not encrypt all content or communications shared on the Platform.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, in case of grievances you can contact:

Anurag Rawat, DW254, Nirvana Country, Sector-50, Gurgaon 122018 Haryana

Email: anurag.rawat@benchkart.com

In the event you wish to make a complaint regarding any violation of the provisions of the Privacy Policy, you may send a written complaint to the Grievance Officer, who shall redress the complaint within one (1) month.

GOVERNING LAW

This Policy shall be governed by and construed in accordance with the laws of the Republic of India. The courts at Haryana, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.

This Privacy Policy was last updated on 10^th April, 2020.