Privacy Policy
Introduction
At Raintree Ventures LLP, operating under the brand of Elephant In The Room Consulting (“Raintree” where such term shall, for the purposes of this privacy policy, also include the affiliates of Raintree), we treat your Personal Information with utmost care. We want you to feel secure when visiting our website eithrconsulting.com (“Website”) and/or Raintree’s proprietary mobile application (i.e., [EITHR MINDit]) (“App”) and we are committed to maintaining your privacy. For the purposes of this privacy policy (“Policy”), the Website and/or App will, as the case may be referred to as the “Platform”.
The terms “you”, “your” and “user” shall mean any natural person accessing or using the services provided on the Platform, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
The terms “we”, “us” and “our” shall mean the Platform and/or Raintree, as the context so requires. This Policy will be applicable to Raintree to the extent applicable under applicable laws, including the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI Rules”).
Scope
By visiting the Platform, you agree to be bound by the terms and conditions of the Policy, and consent to Raintree’s use and disclosure of your information in accordance with this Policy.
Further, by use of the Platform, you represent that you have voluntarily provided us with your Personal Information and consent to its collection, use, storage, processing and disclosure in accordance with this Policy and the Terms of Use available on the Platform, which can be accessed [here] (“Terms”).
Do note that this Policy does not apply to websites maintained or services rendered by third parties whom we partner with, refer you to and/or link, and we are not responsible for any personal information you submit to third parties. Kindly ensure that you read the privacy policy and terms of use (as may be applicable) of such third parties before submitting your details.
Please read the following terms of our Policy to better understand how your Personal Information may be collected and used as you access various areas of our Platform.
Colllection, Use & Processing Of Your Personal Information
1. Personal Information that we collect
- For the purposes of this Policy, “Personal Information” (with reference to the SPDI Rules) means any data which relates to an individual who may be identified from that data, that you voluntarily submit to us, is provided to us by the Third-Party Consultants (subject to applicable law), is provided to us by our clients for the purposes of providing services, and which was voluntarily submitted by you to such client and/or its affiliates, or from a combination of a set of data, and other information which is in the possession of Raintree, and which is not publicly available. However, personal information does not include data that has been irreversibly anonymized or aggregated so that we cannot identify you through it, even in conjunction with other information available to us.
- Further, in order to enhance Raintree’s ability to provide valuable services and experiences, Raintree may automatically or with you granting an access, receive, collect and analyse your location information which may be accessed through a variety of methods including, GPS, IP address, cell tower location, device information (including storage, model, installed apps, WiFi, mobile network), communication information including your contacts.
- In addition to the above, by use/ access by you of the Platform, Raintree may also automatically receive and collect certain anonymous information in standard usage logs through the server, including “cookies”, network information, standard web log information and any other available information. The Platform, like many other websites and online applications, uses “cookies”. Cookies are small data files that are stored on your browser. These are used for the purpose of storing your preferences, previous activities browsing activities, profiling, and tracking behaviour. By visiting the Platform, you acknowledge, accept and expressly authorize the placement of cookies. We recommend that you clear the cookies stored from time to time. User may encounter “cookies” or other similar functions on the Platform that are placed by third parties. Raintree does not control the use of cookies by third parties. You have the ability to accept or decline cookies.
2. The manner in which your Personal Information will be used
We use your Personal Information for the following purposes :
- to gather information such as source of traffic to the Platform, time spent on each page or the interface, understand which parts of the Platform are visited and how frequently
- to determine what is most effective about our Platform, and to identify ways to improve it by providing better usability, troubleshooting and site maintenance;
- to create your user ID and/or identify you once you register on our Website or App;
- to contact you and respond to your questions or requests;
- to provide the services to you, your employer and/or its affiliates; and
- to provide access to desirable content based on your preferences.
3. Legal basis for processing your Personal Information
We collect, store, use, share, transfer, analyze, process, or otherwise handle Personal Information for the purposes mentioned above, in accordance with applicable legal requirements: (a) for legitimate business; or (b) for compliance purposes; or (c) if individuals have provided consent to the same or any relevant basis as defined by the applicable laws or regulations; or (d) when it is necessary for the performance of a contract to which you are a party.
4. We will limit the use, storing and processing of Personal Information in terms of scope and duration, as is necessary for the intended purpose. However, this shall not apply if it is necessary to keep the Personal Information indefinitely, or if a law requires the Personal Information to be kept for a certain time.
5. Your Rights
- You have the right to access and review your Personal Information shared with us and request updation or correction of the same. If your Personal Information changes, you may correct inaccuracies or amend information by making the change on our member information page or by contacting us through helpdesk ID. We will make good faith efforts to make the requested changes in our active databases as soon as reasonably practicable.
- However, you acknowledge that there may be circumstances where we will not be able to amend or update your Personal Information, including where the Personal Information: (a) is opinion data that is kept solely for evaluative purposes; (b) is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed; and (c) has already been processed in de-identified form.
6. Accuracy of information provided
- If you provide any information that is untrue, inaccurate, out of date, or incomplete (or subsequently becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect or if we become aware that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, without prejudice to any other right and at our sole discretion, discontinue your access to our Platform and/or the provision of the services to you (wholly or in part).
- Since our services may be largely dependent on relevant, accurate and complete information being provided to us, it is your sole responsibility to ensure that the information being shared with us is accurate, complete and up to date and that you continue to update your information in our records.
- Raintree shall not be responsible for the authenticity, sufficiency or correctness of the information (including Personal Information) supplied by you but will be entitled to take all reasonable measures as required by applicable laws and regulations, to ensure that the Personal Information processed is accurate for the intended purpose.
- Upon becoming aware or being notified about such inaccuracy by you, Raintree will either erase the Personal Information or require you to rectify the inaccuracy without delay, and you shall rectify the same forthwith.
Consequences Of Not Providing Personal Information
By using the Platform or by giving us your Personal Information, you are deemed to have: (a) read and accepted the terms set out hereunder and the Terms, and (b) provided your informed consent to us collecting, storing, processing, transferring and sharing your Personal Information as set out in this Policy.
As stated above, you have the option of not providing us with your Personal Information and may also withdraw your consent provided by writing to us at: contactus@eithrconsulting.com.
Please note that (a) if you do not provide the Personal Information that we need; or (b) on withdrawal of your consent; or (c) on amendment of any of your choices in this regard, we reserve the option to immediately and without prior notification to you, terminate your access to the Platform and cease providing services or modify the services provided to you for which such Personal Information was sought.
Any withdrawal of consent as set out above, will not affect the lawfulness of our use and processing of your information on the basis of your consent previously provided in terms of this Policy, where such consent was required, and the right to have the Personal Information transferred to a third party in terms of this Policy, before your consent is withdrawn.
Please note that while we make reasonable efforts to comply with any requests for deletion of your Personal Information, deletion does not ensure complete and comprehensive removal of such data from all systems and shall be subject to the terms contained herein.
Divulging Or Sharing Of Personal Information
Your Personal Information will not be sold or transferred to third parties under any circumstances except as set out herein or in cases where specific prior consent is sought by us. We shall be permitted to use, share and/or divulge your Personal Information within Raintree or with any business partner, investor, service vendor, the relevant client, authorized third-party agent, contractor, regulatory or governmental authority inter alia for the following purposes:
- if required to do so in course of our business operations or services to be provided to our clients, including but not limited to responding to enquiries, regular reporting activities on Raintree’s performance, for system maintenance support, as required to perform one of the activities as listed out above, etc.;
- if required to do so by law or if we in good faith believe that such disclosure is reasonably necessary to respond to subpoenas, court-orders, or other legal processes;
- if third-party service providers engaged by us or where you choose to avail of services of any third-party(ies) referred by us, if such third-party(ies) require access to your Personal Information to perform their functions;
- if we believe that there is a significant, real and/or imminent threat or risk to your health, safety or life, to the health, safety or life of any other person or the public, or Raintree or the Platform;
- if we are involved in a merger, acquisition, business transfers or business restructuring.
Any third party to whom such Personal Information is divulged, is subject to a duty of confidentiality, and required to comply with and take appropriate security measures to protect your Personal Information in line with this Policy.
Security Measures Taken By Us
To protect the confidentiality of your Personal Information, Raintree implements physical, technical and organisational measures against accidental, unlawful or unauthorized destruction, loss, alteration, disclosure or access. We have currently put in place appropriate technical, organisational and security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We limit access to your Personal Information to our employees, agents, contractors, the relevant client and other third parties on a need-to-know basis, subject to applicable law. Further, we have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Other Precautionary Measures
1. While logging-in or signing-up
You should exercise caution when deciding to disclose, sign-up or key-in your Personal Information online and ensure that no third party is able to access such Personal Information as you key it in or view it on the screen of your computer. This caution is to be exercised in respect of the information that you may provide to Raintree as well.
2. Hyperlinks to other internet resources
Please note that hyperlinks to other internet resources or web pages of third parties, either on the Website or the App or any medium of communication circulated by Raintree, are merely for your convenience only and the use thereof shall be at your sole risk. Raintree expressly clarifies that the content, accuracy, legality of, restrictions imposed or opinions expressed by, services provided by or through and other links provided by or for these resources are not investigated, verified, monitored, nor endorsed by us. A link to any third-party services does not mean that we endorse it or the quality or accuracy of information presented on it. Raintree is not responsible inter alia for their standards of public order and decency or for their personal data protection policy or the use that could be made of such data. When you access another website through a hypertext link, you acknowledge and accept that such access is at your own risk and subject to the policies and practices of the relevant third party and not this Policy. Raintree will not be liable for any loss or damage arising directly or indirectly from the accuracy or otherwise of materials or information contained on the pages of such sites, or for any loss arising directly or indirectly from the defects with such sites.
No Warranty Or Liability
The information, product descriptions, material, advice, suggestions, illustrations notifications, circulars, hyperlinks, etc. hosted on the Platform (collectively referred to as the “Content”) is provided on an “as is” or “as available” basis. Raintree disclaims any and all liability for errors or omissions and does not warrant the accuracy, adequacy or completeness of any such Content. If the said Content contains any mistakes, omissions, inaccuracies and typographical errors, etc. neither Raintree nor any of its stakeholders shall assume no responsibility thereof.
Raintree reserves its right to amend the whole or any part of the Content of the Platform at any time or as and when required, at its sole discretion. The Content shall not be displayed or printed in any form in part or whole without the prior written approval of Raintree. Reproduction of any Content provided on the Platform (with or without any modification) is prohibited (except with the prior permission of Raintree) and shall amount to violation of copyright and would be deemed an illegal act.
No warranty of any kind (whether it be implied, express, statutory, or relating to non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus) is given in conjunction with any services provided by Raintree or Content published or hosted on the Platform.
Raintree shall not be liable for any loss or damage, including but not limited to any direct, indirect, special, economic, incidental, or consequential damages, losses or expenses arising in connection with the Platform, the Content or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Raintree has been advised of the possibility of such damages, losses or expenses.
Please note that Raintree shall not be held liable for any loss whatsoever incurred by you in respect of any data loss or theft due to unauthorized access to your electronic devices through which you access our Platform. Further, the Content on the Platform or the logo of Raintree and/or any of its stakeholders, cannot be copied, modified, uploaded, downloaded, published or republished, transmitted or otherwise distributed for commercial purposes without prior and explicit permission from Raintree. You are liable to indemnify Raintree as per the Terms.
How To Contact Us
If you have a privacy concern or complaint or a question regarding this Policy, please direct it to, our Grievance Redressal at contactus@eithrconsulting.com, indicating your concern in detail. The Grievance Redressal Officer shall redress your grievances within one month from the date of receipt of the grievance.
For the purposes of the Personal Information processed under this Policy, the controller for the data retained and collected through our Platform is: Raintree Ventures LLP.
Changes To This Privacy Policy
Raintree reserves the right to amend the Policy at any time and may decide to update this Policy from time to time to ensure that the same stays relevant and adheres to the extant applicable regulatory requirements and standards that Raintree is certified on. Any changes to our Policy will be posted on the Platform and will become effective as of the date of posting. Raintree may also (but will not be obligated to) reach out to you vide the email ID provided by you at the time of signing-up and share a copy of the revised Policy, at its sole discretion. Please review the Policy uploaded on the Platform from time to time to make sure you are aware of any changes. If you do not agree with any such revised terms, please refrain from using our services and accessing the Platform. In such case, kindly contact our Grievance Redressal Officer.
The updated version of this Policy will be identified by the “Revised Date” and “Version” mentioned at the bottom of this document.
Revised Date: [NA]
Version: [1.0]
