This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia:
This Privacy Policy deals with information ILRF collects in relation to ILRF’s Platform and explains:
1.1 The Platform is owned and managed by ILRF (“ILRF” or “ILRF” or “ILRF’s”), an independent legal research and institutional think tank having offices in Parel, Mumbai 400013, India among other locations in India. This Privacy Policy applies to all current and former users accessing or using ILRF’s Platform, or otherwise engaging with ILRF through email or other means (collectively, “the user” or “the user’s”).
1.2 The collection and processing of information in the course of ILRF’s delivery of Services, or other contractual or commercial engagements that ILRF may enter into, will be done in accordance with the specific terms applicable thereto, and not by this Privacy Policy.
1.3 By accessing or using ILRF’s Platform or by otherwise giving ILRF the user’s information, The user confirms that the user has the capacity to enter into a legally binding contract and has read, understood, and agreed to the practices and policies outlined in this Privacy Policy.
1.4 The user hereby consents to ILRF’s collection, use, sharing, and disclosure of the user’s information as described in this Privacy Policy.
1.5 ILRF may modify, add or delete from, this Privacy Policy from time to time, and the user’s continued access to, or use of the Platform, will be deemed to be an acceptance of the said changes. If the user does not agree with this Privacy Policy at any time, in part or as a whole, do not access/use the Platform or services provided through the Platform, or provide ILRF with any of the user’s Information.
1.6 If the user is accessing or using the Platform from any location outside India, the user does so at the user’s own risk and will be solely liable for compliance with any local laws, as may be applicable.
2.1 ILRF collects the following types of information about the user, both through offline documentation that the user may provide, as well as when the user uses ILRF’s Platform: User Information, Demographic Information, Behavioral Information, and Indirect Information, (each of which have been defined below, and collectively, “Information”).
2.2 ILRF collects the user’s information either directly from the user through offline documentation and/or the Platform or indirectly by using different technologies.
2.3. In order to access ILRF’s Platform, the user may be required to provide ILRF with information such as the user’s name, email address, mobile number, the company/ organization the user works for, title, designation, physical addresses (collectively, “User Information”).
2.4 ILRF may also collect User Information when the user visits ILRF’s offices to enquire about, or avail ILRF’s Services or attend any seminars, webinars, conferences or events organized by ILRF. Further, ILRF may collect User Information, that the user provides ILRF with, for members’ health or other information which may include SPDI (as defined below). The user agrees and acknowledges that such information is only collected temporarily for the aforesaid limited purposes and consents to ILRF’s collection thereof.
2.5. ILRF may collect information about the user that is not unique to the user and refers to selected population characteristics (“Demographic Information”) including age, gender and current location details.
2.6. ILRF may also collect information about how the user uses the Platform and information about the user’s mobile device and software including usage statistics, trace data, the user’s IP address, browser and operating system type, domain names, access times, locations, and details regarding the parts of the Platform that the user accesses (“Behavioral Information”).
2.7. The user’s use of certain third-party services on the Platform also requires ILRF to collect such information as is considered necessary for that purpose.
2.8. While ILRF may collect Demographic Information, Behavioral Information and Indirect Information when the user accesses or use ILRF’s Platform, ILRF collects User Information only from the user with the user’s prior consent unless there are other legal grounds for doing so, as further specified in this Privacy Policy. Where the user provides ILRF with User Information of third parties, ILRF understands that the user has obtained consent of such third parties, and has sufficient rights, approvals and licenses to provide such information to ILRF.
2.9. The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
2.10. The SPDI Rules further define “Sensitive Personal Data or Information” (“SPDI”) of a person as Personal Information about that person relating to:
2.11. Some of the Information collected by ILRF may qualify as Personal Information.
2.12. ILRF understands that all Personal Information provided by the user to ILRF is voluntary. The collection, use and disclosure of Personal Information requires the user’s express consent, unless there are other legal grounds available to ILRF to collect such information as further specified in this Privacy Policy. By using or accessing the Platform or otherwise providing ILRF with the user’s Personal Information, where applicable, the user is providing ILRF with the user’s consent to ILRF’s use, collection, retention, transfer and disclosure of the Personal Information in accordance with the terms of this Privacy Policy.
2.13. In the event of a change in the law applicable to data protection in India, the user hereby expressly consents to ILRF’s continued use, storage, collection and disclosure of the user’s Information including Personal Information to the fullest extent permitted under such applicable law. ILRF may reach out to the user for obtaining additional consents and approvals as required under the amended law and the user will be required to comply with such requests. Should the user choose to not provide ILRF with such additional consents and approvals, ILRF may have to discontinue the user’s access to the Platform.
2.14. The user may choose not to provide ILRF with or withdraw any or all information included under Personal Information, but in the event that the user does so, ILRF may be unable to allow the user to access the Platform or otherwise avail services for the provision of which the user’s information is being collected or processed.
3.1. ILRF uses the user’s Information for the following purposes:
3.2. In addition to the above, ILRF also uses the user’s Information, including Personal Information, for the following purposes:
(Collectively, the above constitute “the Purposes”).
3.3. If the user wishes to opt out of receiving communications such as information regarding the Platform and/or any regulatory updates provided by ILRF, the user may do so by emailing ILRF at contact@ilrf.in.
3.4. Further, ILRF may use social media platforms such as LinkedIn, Twitter and Facebook. If the user connects with ILRF through any of these services, then such engagement will be subject to the terms of service and privacy policy of the relevant social media platform and the user should review the same before connecting with ILRF on such social media platform.
3.5. ILRF’s processing of the user’s Personal Information in the context of the user’s visit to, and use of ILRF’s Platform are based on ILRF’s legitimate interests to operate an internet website and blogs for general information and communication purposes, to optimize ILRF’s website and blogs, and to protect it from attacks. Furthermore, ILRF’s processing of the user’s Personal Information for providing regulatory updates or conducting other business development activities serves the legitimate interests of the users to receive training in legal matters and know-how and serves ILRF’s legitimate interests to develop ILRF’s business and promote client relationships.
4.1. ILRF discloses the user’s Information including Personal Information, as the case may be to third parties in the manner specified below:
ILRF will disclose the Information to:
Such third parties may include:
5.1. The Platform may contain links to third party websites and services (“Third Party Services”). ILRF has no control over such Third-Party Services, which are provided by persons or companies other than ILRF. ILRF is not responsible for any collection or disclosure of the user’s information by such companies or persons thereof.
5.2. Further, ILRF is not liable for any loss or damage which may be incurred by the user as a result of the collection and/or disclosure of the user’s information via Third Party Services. ILRF shall not be liable for any disputes arising from or in connection with such transactions between the user and the aforementioned third parties.
5.3. Such third-party websites, and external applications or resources, accessible via the Platform may have their own privacy policies governing the collection, storage, transfer, retention and/or disclosure of the user’s information that the user may be subject to. ILRF recommends that the user exercise reasonable diligence, as the user would in traditional online channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s privacy policy.
6.1. The user may review, correct, update, or change the user’s Personal Information on the Platform by emailing ILRF at contact@ilrf.in
6.2. The user may also request ILRF to delete the user’s Personal Information, and ILRF will comply with such requests within a reasonable time, unless ILRF is required to keep certain information for legal purposes.
6.3. Should the user choose to delete the user’s Personal Information, or modify it in a way that is not verifiable by ILRF, or leads to such Personal Information being incorrect, ILRF will be unable to provide the user with access to ILRF’s Platform, and such a deletion or modification may be regarded as the user seeking to discontinue access to ILRF’s Platform.
6.4. ILRF reserves the right to verify and authenticate the user’s identity and the user’s Personal Information in order to ensure accurate delivery of services through the Platform.
6.5. Access to, or correction, updating or deletion of the user’s Personal Information may be denied or limited by ILRF if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
7.1. ILRF endeavors to maintain physical, technical and procedural safeguards that are appropriate to protect the user’s Information against loss, misuse, copying, damage or modification and unauthorized access or disclosure. Some of the security measures adopted by ILRF are:
7.2. Further, ILRF shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond ILRF’s reasonable control including but not limited to acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
8.1. ILRF will put in place measures such that the user’s Personal Information, which is in ILRF’s possession or under ILRF’s control, is destroyed and/or anonymized as soon as and in any case, within five (5) years of it being reasonable to assume that
(i) The Purpose for which that Personal Information was collected is no longer being served by the retention of such Personal Information; and
(ii) Retention is no longer necessary for any other reason including applicable law.
8.2. If the user wishes that ILRF no longer use the user’s Personal Information in accordance with the terms of this Privacy Policy, contact ILRF at contact@ilrf.in
8.3. ILRF, however, reserves the right to retain, store and use the user’s Information including Personal Information for ILRF’s business purposes, whether such Information has been deleted or not. After a period of time, the user’s data may be anonymized and aggregated, and then may be held by ILRF as long as necessary for ILRF to provide ILRF’s Services effectively.
8.4. Please note that the user’s withdrawal of consent to use the user’s Personal Information may result in ILRF not being able to provide the user with access to the Platform, or terminate any existing relationship that ILRF may have with the user.
ILRF cannot ensure that all of the user’s Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although ILRF is committed to protecting the user’s privacy, ILRF does not promise, and the user should not expect, that the user’s Information or private communications will always remain private. As a user of the Platform, the user assumes all responsibility and risk for the user’s use of the Platform, the internet generally, and the information the user posts or accesses and for the user’s conduct on and off the Platform.
The user agrees and undertakes to indemnify ILRF in any suit or dispute by any third party arising out of disclosure of information by the user to third parties either through ILRF’s Platform or otherwise, and the user’s use and access of websites, applications and resources of third parties. ILRF assumes no liability for any actions of third parties with regard to the user’s Information or Personal Information which the user may have disclosed to such third parties.