PRIVACY POLICY
COMPLIANCE WITH LAWS
The terms of the Policy provided herein govern the User’s use of the Website and any content provided, accessed, or distributed in the Website.
This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia:
• Section 43A of the Information Technology Act, 2000 (“IT Act”);
• Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”); and
• Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
PURPOSE
Trio Corp- A Corporate & Legal Advisory Firm (“Trio Corp”) is committed to safeguarding and protecting the privacy of any User who accesses and uses the www.thetriocorp.com (“Website”) owned and operated by Trio Corp.
a. For the purpose of this Privacy Policy wherever the context so requires,
i.The term ‘You’ & ‘User/s’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii.The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Trio Corp, as the context so requires.
iii.The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Trio Corp individually and collectively, as the context so requires Unless specified otherwise, the modifications made in this policy will come into effect from the day and date they are posted on the Website.
PERSONAL DATA
The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI Rules”) further defined “Sensitive Personal Data or Information” (“SPDI”) of a person as Personal Information about that person relating to:
• passwords;
• financial information such as details of bank accounts, credit cards, debit cards or other payment instruments;
• physical, physiological and mental health condition;
• sexual orientation;
• medical records and history;
• biometric information;2
• any detail relating to the above categories, as specified in this paragraph, as provided to the body corporate for providing services
• any of the information received under the above categories, as specified in this paragraph, by a body corporate for processing, stored, or processed under lawful contract or otherwise. During the use of the Website, we may collect the following types of information (“Personal Information”):
i.User Data containing basic information such as User’s name, employer, and title or position;
ii.Contact information such as User’s e-mail address, postal address and phone number;
iii.Demographic details, which include designation, company name and current location;
iv.Financial information, such as bank account details;
v.Identification and background information provided by you or otherwise collected by us as part of our business acceptance procedures; information collected from publicly available resources;
vi.Details of User’s visits to our offices or of other meetings that we may have with you;
vii.Data you provide to us for the purposes of attending events or meetings, such as access and dietary requirements;
viii.Information that you may provide to us for the purpose of application for internship/recruitment;
ix.Data related to the User’s visit to our Website or in relation to materials and communications we send you electronically;
x.Technical Data about how a User navigates our Website, the device used to access the Website (mobile,
laptop, tablet, etc.), the operating system installed in that device, as well as usage statistics, traffic data,
IP address, and information pertaining to the parts of the Website you access.
xi.Any other personal information that you may provide to us or we may obtain from a third-party source,
not withstanding its relevance to the legal services that we provide;
APPLICABILITY
Trio Corp’s Privacy Policy is applicable to any person or entity that uses the Website or shares any
information pertaining to identified or identifiable natural persons (personal data) with Trio Corp. We collect personal data with the User’s consent. The User agrees, accepts, and is bound by this Privacy Policy when they use or access the Website. This policy is subject to modifications and will be updated from time to time at our sole discretion or on account of changes in the law. However, there is no obligation on us to notify Users unless significant changes are made or the data privacy laws obligate us to do so. The Parties expressly agree that Trio Corp retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the Users, and the Users expressly agree that any such amendments or modifications shall come into effect immediately. The Users have a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the Users continue to use the Website following such a change, the Users will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In3 so far as the Users comply with the Policy and Terms, they are granted a personal, non-exclusive, non- transferable, revocable, limited privilege to enter access, and use the Website. Users are therefore requested to read our Privacy Policy along with the terms and conditions of use of the Website.
HOW USER’S INFORMATION MAY BE USED
• To provide legal advice or other services Users may have requested;
• To verify whether Users are entitled to access and use the Website and the services made available through the Website;
• To administer and manage User’s or User’s organization’s business relationship with Trio Corp, including processing payments, accounting, auditing, billing, and collection and support services;
• To perform audits and quality assessment procedures such as financial and credit checks, compliance screening or recording obligations (including obligations under antitrust laws, export laws, trade sanction and embargo laws and for anti-money laundering and fraud and crime prevention and detection purposes), etc., which may include automated checks of User’s contact data or other information about against applicable sanctioned-party lists and may contact User to confirm identity in case of a potential match or recording interaction which may be relevant for compliance purposes;
• To enhance User’s experience of the Website;
• To prevent and detect frauds, security threats, or other criminal or malicious activities to our premises, information technology, communication systems, online platforms, Websites, etc.;
• To monitor and assess compliance with our policies and standards;
• To identify persons authorized to trade on behalf of our clients, customers, suppliers, and/or service providers;
• To enable vendors and service providers to provide various services subscribed to by you including contact information verification, payment processing, customer service, Website hosting, data analysis, infrastructure provision, information technology services, and other similar services, Trio Corp may disclose User’s Personal Information to its affiliates, group companies, consultants, vendors and contractors under confidentiality restrictions;
• To comply with court orders and exercise and/or defend Trio Corp’s legal rights;
• For any purpose related and/or ancillary to any of the above or any other purpose for which User’s Personal Information was provided to us;
• To record keeping, sharing knowledge updates and recent developments at Trio Corp, for relevant seminars/webinars, and to seek User’s valuable feedback on their engagement with Trio Corp. With regard to marketing-related communication, we will, where legally required, only provide you with such information after you have opted in and provide you the opportunity to opt-out anytime if you do not want to receive further marketing-related communication from us.
THIRD-PARTY LINKS
• The Platform may contain links to third-party websites and services (“Third-Party Services”). We have no control over such Third-Party Services, which are provided by persons or companies other than Us. We are not responsible and not liable for any collection and/or disclosure of User’s information by such companies or persons thereof.
• Further, we shall not be liable for any disputes arising from or in connection with such transactions between Users and the aforementioned third parties.
• 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.
DIVULGING/SHARING OF PERSONAL INFORMATION
As a general principle, the User will provide us with personal data entirely voluntarily. There are generally no detrimental effects if the User chooses not to consent or to provide personal data User’s Personal Information will be kept confidential to the maximum possible extent and will be used if legally required pursuant to an order from a governmental entity or to:
• Comply with legal requirements and processes
• Safeguard our rights or properties
• Deter a crime or protect national security
• Safeguard the personal safety of Users or the public We may also share User’s information with agents, contractors, or third-party service providers that handle or will handle User’s information, on our behalf, including but not limited to those who offer us administrative and other services. Otherwise, we will only disclose the User’s Personal Information when they direct us or give us permission, when we are required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities. In case Users provide Personal Information to us about someone else (such as one of the directors or employees, or someone with whom you have business dealings) Users must ensure that they are entitled to disclose that Personal Information to us and that, without our taking any further steps, we may collect,
use and disclose that Personal Information as described in this Policy.
COOKIES
a. The Users are aware that a ‘Cookie’ is a small piece of information stored by a web server on
a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given User, including but not limited to User’s login identification, password, etc.
b. The Users are aware that the Website places both permanent and temporary cookies in the User’s computer’s hard drive and web browser, and does hereby expressly consent to the same.
c. The Users are further aware that cookies on certain pages of the Website, help analyze web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to decline the Website’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Website.
d. Additionally, the user is aware that he/she might encounter cookies or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the Trio Corp. The Users expressly agree and acknowledge that the Trio Corp does not control the use of such cookies/other devices by third parties, that the Trio Corp is in no way responsible for the same, and that the Users assume any and all risks in this regard.
ALTERATIONS TO USER’S INFORMATION
Users can correct, alter, update, and review their personal information by writing to us at [email protected] Furthermore, Users can request us to delete their personal information, unless it is required of us to retain certain information for legal purposes. In case of deletion or modification of the User’s information in a manner that is not verifiable by us, then the access to our platform will not be shared with the User. Furthermore, the deletion or modification will be regarded as User’s decision to discontinue access to our platform. Moreover, Trio Corp holds the right to verify and authenticate any User’s identity and personal information to ensure efficient service delivery.
All requests mentioned above may be denied or limited by us in case they breach another person’s rights and/or are deviant of the applicable law.
SECURING USER’S INFORMATION
Trio Corp is committed to safeguarding User’s privacy. Security parameters adopted by us include:
• We monitor and review our information collection, storage, and processing practices, to prevent unauthorized access to systems;
• Only our employees, agents, and service providers can access the personal information as they process it for us. They are required to strictly abide by contractual confidentiality obligations. Their relationship with us may be terminated, in case they fail to abide by the obligations;
• Maintaining appropriate technical and organizational security measures to protect the User’s personal information against loss, destruction, misuse, damage, alteration, or disclosure; Notwithstanding anything contained in this Policy or elsewhere, Trio Corp shall not be held responsible for any loss, damage, or misuse of User’s Personal Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Trio Corp and shall include, inter alia, 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 data and storage device, computer crashes, breach of security and encryption.6
INFORMATION RETENTION
User’s personal information shall remain with us for at least 180 days or until the time:
• Communication sent to the User is unanswered and emails bounce back
• We feel there is no need to retain User’s information for any reason, including the applicable law
GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Advocate Ridham Jain
Email Id: [email protected]
DISCLAIMER
Trio Corp cannot ensure that all of User’s Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting the Users’ privacy, we do not promise, and Users should not expect, that Your Information or private communications will always remain private. As Users of the Platform, they assume all responsibilities and risks for use of the Platform, the internet generally, and the information they post or access and for their conduct on and off the Platform.
INDEMNITY
Users agree and undertake to indemnify Trio Corp in any suit or dispute by any third party arising out of disclosure of information by them to third parties either through Our Platform or otherwise, and their use and access of Websites, applications, and resources of third parties. We assume no liability for any actions of third parties with regard to their Information or Personal Information that they may have disclosed to such third parties.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. If the parties cannot resolve a dispute amicably within 30 (thirty) days of notifying each other, the dispute will be settled through arbitration as outlined below
b. Arbitration. If the Parties are unable to amicably resolve a dispute by mediation, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Trio Corp, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Jodhpur, Rajasthan, India. The Parties expressly agree that the Terms, Policy, and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India and that the Courts at Jodhpur, Rajasthan, India shall have exclusive jurisdiction over any disputes arising between the Parties.
Terms Of Use
By accessing and using our website www.thetriocorp.com (Website), users have consented to comply with these Terms of Use (Terms), Privacy Policy and Disclaimer. The usage of the Website also means that users have read and understood these Terms, Privacy Policy and Disclaimer, and have agreed to be bound by them. Additionally, users expressly agree that they will not infringe or violate any of Trio Corp’s rights, including intellectual property rights such as copyright or trademark. The Terms, read together with the Privacy Policy, constitute a legal and binding agreement between the user and Trio Corp and is enforceable under the laws of India. By accepting the Terms, the user represents and warrants that they are at least 18 years of age and have the right, authority, and legal capacity to enter into this agreement.
GENERAL INFORMATION
● Trio Corp reserves the right to change the information, material and content provided on the Website without prior notice
● Trio Corp is not responsible for any loss or damage due to errors or omissions in the information provided on the Website, even if they result from negligence, accident or any other cause. Furthermore, Trio Corp holds no liability for the interpretation and/or use of the information contained on this Website, nor does it offer a warranty of any kind, either expressly or impliedly
● Third-party hyperlinks and information on the Website are provided to share the original source of information used and should not be considered as referrals, endorsements, or affiliations with them. Furthermore, Trio Corp undertakes no responsibility and makes no representations or warranties with regard to the content of the Websites to which links may be provided on the Website
● Trio Corp prohibits the modification, editing, and out-of-context use of the material on the Website in any manner
● Trio Corp holds the right to add, modify, change or vary all or any of these Terms without prior notice
INTELLECTUAL PROPERTY
● All content on the Website is protected by copyright. Certain content on the Website may also be protected as trademarks, trade secrets or other intellectual property or proprietary rights. Users shall abide by all copyright notices, trademark rules, and restrictions contained on the Website. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content on the Website, in whole or in part, except that you may download or copy the content for your personal non-commercial use only, provided that you maintain all copyright and other notices contained in such content.
● By accessing the Website, the users agree that they will not scrape or attempt to scrape or extract any data. The user also agrees that they shall not use the Website for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Website. The user agrees not to access or attempt to access any content available on the Website by any means other than through the interface that is provided by Trio Corp
USE POLICY – TERMS AND CONDITIONS
● The use of the Website does not result in a client-attorney relationship. Similarly, transmission, receipt or use of the Website and information and materials contained therein or sending an e-mail to our offices also does not result in a client-attorney relationship.
● Website visitors are required to be aware of the laws of their respective countries pertaining to any of the matters mentioned on the Website. If the user decides to access the Website, it would be deemed as an action based on their own initiative and they would be held responsible for compliance with applicable local, national or international laws.
EXCLUSION OF WARRANTY
● Members, affiliates, employees and authorised representatives for Trio Corp offer the Website and the information on an “as is” basis. They do not make any implied warranties, representations, endorsements or conditions with respect to the Website or the information.
● Trio Corp does not warrant the availability of Website or addressal of user(s)’ requirements, or uninterrupted access. Similarly, it does not warrant that there will be no delays, failures, errors or omissions or loss of transmitted information, or transmission of viruses to the User’s computer system. The responsibility for adequate protection and data backup solely lies with the user
NO LIABILITY
● Trio Corp is not responsible or liable to the user for any damages or other harm whatsoever arising out of or in connection with the user’s use of or inability to utilize the Website or the information contained in it and the Website is provided on an “as is” available basis
TERMINATION OF ACCESS
● Trio Corp reserves the right to immediately block any IP address from accessing the Website, with or without any reason and prior notice. Trio Corp can make this decision at its sole discretion and shall not be liable in any manner whatsoever to any user or third party.
● Without prejudice to Trio Corp’s general right to terminate access to the Website, termination can also be carried out if –
● The user breaches or deviates from these Terms
● Law enforcement or other government agencies make a request
● In case unexpected technical issues or problems occur
JURISDICTION
● These Terms are governed by the laws of India without giving effect to any principles of conflicts of laws. For the purpose of these Terms, the courts of Mumbai shall have exclusive jurisdiction
INDEMNITY
● To the fullest extent allowed by law, the user will indemnify and hold Trio Corp harmless from all damages, liabilities, settlements, expenses, fines, penalties, expenses, costs and attorneys’ fees arising from or related to any claim or demand made by any third party due to or arising out of the user’s access to or use of the Website, user’s access to, creation of, or transmittal of any of the content, user’s violation of these Terms, or the infringement by you of any intellectual property or other right of any person or entity.
FORMAL INVESTIGATION
Trio Corp reserves the right to launch an investigation into complaints or reported deviances from the Terms. Trio Corp can take any action deemed fit and necessary by it. These actions can include but are not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties. Additionally, Trio Corp may disclose any information necessary or appropriate to such persons or entities pertaining to any user’s profiles, e-mail addresses, usage history, IP addresses and traffic information.
RESERVATION OF LEGAL RIGHTS
Trio Corp holds the right to access all remedies available at law and in equity in case a user violates any of these Terms.
REVISIONS TO THE TERMS
The Terms are subject to revisions at any time by Trio Corp, and all changes are effective immediately upon being posted on the Website. It is your responsibility to review these Terms periodically for updates/changes. Any use of the Website after such notice will be deemed an acceptance of these changes by you.
You can write to us at: [email protected]