1) INTRODUCTION
Technoculars.com (the “Site”) and the Licensed Mobile Application for Accessing the Site (including all associated media and online or electronic documentation) (“the Application”), are owned and operated by Info Edge (India) Limited (“Company”). The Site and Application are hereinafter collectively referred to as “Platform”. For the purposes of the Terms of Use, “You” shall mean the person who is accessing the Platform.
The Company makes available its services and products to you, through the Platform on the condition that you abide by these Terms of Use (hereinafter referred to as “Terms of Use”), as updated from time to time. If you do not accept the Terms of Use or you do not meet or comply with their provisions, you should not use or access the Platform and/or avail of the Company’s services or products via the Platform.
2) PURPOSE:
The Platform is made available for use only by: (a) individuals who are searching for job opportunities and vacancies and/or are interested in availing of other career enhancement services which are provided might be provided by the Company (“Job Seekers”); and (b) by individuals and/or organizations desirous of making available information pertaining to job vacancies including but not limited to agencies acting for multiple employers / organizations in order to fill the job vacancies available with those employers/organizations(“Recruiters”). Job Seekers and Recruiters as hereinafter collectively referred to as “Users”.
The Platform is intended to serve only as a preliminary medium of contact and exchange of information between the Users, who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services (“Purpose”).
3) BINDING AGREEMENT:
The Terms of Use constitute a binding legal agreement (“Agreement”) between you and the Company. To the extent that you are accessing this Platform in your capacity as a representative of or as an employee of, a Recruiter, you represent and warrant that you are agreeing to these Terms of Use on your own behalf as well as on behalf of the Recruiter and have the authority to bind such Recruiter to this Agreement.
YOUR ACCESS TO OR USE OF THE PLATFORM, ANY PART THEREOF OR USE AND/OR DOWNLOADING OF ANY CONTENT AVAILABLE ON IT, INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND IS CONTINGENT ON YOUR COMPLIANCE WITH THE TERMS OF USE. YOU AGREE TO USE THE PLATFORM OF YOUR OWN FREE WILL AND AT YOUR OWN RISK.
4) ELIGIBILITY:
By using and accessing the platform, you represent and warrant that: a) you are competent to enter into a valid binding contract as per Indian law; and b) you are eligible to conduct the Purpose lawfully.
5) USE OF THE PLATFORM:
a) The Platform and the services and products offered via the Platform (which includes both paid and free services/ products) are meant for only for legitimate and lawful uses which fall within the scope of the Purpose. The Company has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not.
b) The following actions will inter alia constitute a misuse of the Platform and are strictly prohibited:
- (i) Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, curriculum vitae, photographs and/or graphics, available on the Platform and/or any services or products of the Company, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with the Terms of Use. Users are expressly prohibited from using or exploiting the Platform and/or any content or data provided therein for:
(a) any commercial purposes such as creating alternate databases, extending access to the Platform to third parties without prior written consent of the Company; and/or
(b) undertaking any business activity which is in competition with the business of the Company; and/or
(c) for seeking fees in any name whatsoever; and/or
(d) approaching candidates/jobseekers for any purposes other than for specific existing vacancies; and/or
(e) Sharing access with persons who are not contracted with the Company.
(f) Reselling the products/services offered by the Company. - (ii) (Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Platform;
- (iii) Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for you; (b) any server, website, program or computer systems of the Company or any other third parties and/or Users;
- (iv) Modifying the services provided through the Platform or their appearance using any technology or overlay any additional offering on top of such services or simulate the Platform’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us at legal@naukri.com
- (v) Accessing the Platform through interfaces other than those expressly provided by Company;
- (vi) Attempting to breach or breaching any security or authentication measures set up by the Company in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Company’s system or network;
- (vii) Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Platform (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Company;
- (viii) Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
- (ix) Circumventing or attempting to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on the Platform and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Platform.
- (x) Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
- (xi) Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Platform or any computer networks connected to the Platform, by any other User;
- (xii) Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from the Platform without explicit consent obtained in writing by approaching us at legal@naukri.com;
- (xiii) Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
- (xiv) Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
- (xv) Stalking, threatening, or in any manner harassing any other User;
- (xvi) Imposing an unreasonable or disproportionately large load on the Platform infrastructure;
- (xvii) Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deeplinks into this Platform (or any part thereof) without prior permission of Company;
- (xviii) Spamming the Platform/Company or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
- (xix) Using the Platform or the contact details of Users for transmitting marketing and promotional mailers/ Offensive messages/ messages or communications using any media that are unrelated to recruitment or sending unsolicited commercial communications with misleading subject lines in order to intentionally obfuscate the original message.
- (xx) Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
- a. Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
- b. Belongs to another person and to which you have no right;
- c. Infringes, breaches or otherwise contravenes the rights of the Company or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
- d. Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Platform, or any other computer system or resource;
- e. Is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
- f. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
- g. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- h. That harms minors in any way;
- i. That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
c) In addition to the above, depending upon the nature / services chosen, certain additional conditions may apply with respect to JOBSEEKER SOLUTIONS and RECRUITMENT SOLUTIONS. The Users acknowledge that these additional conditions are also an integral part of these Terms of Use.
NOTICE
THE SERVICES PROVIDED BY THE PLATFORM DO NOT EXTEND TO ACTING AS AN AGENT (EXPRESS OR IMPLIED) OR AS LABOUR CONSULTANTS ON BEHALF OF ANY SUBSCRIBER OR USER.
WE HAVE NO AGENTS AND DO NOT OPERATE THROUGH ANY AGENTS.
d) In case of any misuse of the Platform the Company reserves its rights to take any actions as it may deem fit, including (i) suspending or terminating your access to the Platform and/or the Company’s products and/or service, forthwith and without any notice; (ii) removing or disabling any content which is non-compliant with the Terms of Use; and/or (iii) reporting the incident/ misuse to relevant authorities and/or initiating any legal proceedings. In case your misuse of the Platform results in or is likely to result in any loss or depletion of revenue, reputation or customer base of the Company, the Company additionally reserves its right to seek adequate relief against the said misuse, including relief by way of damages, injunction, etc.
6) LIMITATIONS ON USE:
You agree to strictly abide by any limitations imposed on usage of the Platform by the Company, including limitations in terms of geography or location (e.g. of access) or quantity (e.g. number of resume accessed or downloaded in a day). Any violation entitles the Company to stop your access or service and initiate action as it may deem fit.
7) ACCURACY AND CORRECTNESS OF USER INFORMATION:
While using, registering on and/or creating a profile on the Platform you undertake to provide only true and correct information and further undertake to, at all times, keep the information up to date. Users are prohibited from impersonating or masquerading as any other person, whether living or dead.
The Company reserves the right to remove/suspend any content or profile which is violative of these Terms of Use including any profile providing false, incorrect, incomplete or outdated information. The Company also reserves the right to terminate any User’s access to the Platform, if he or she fails to furnish accurate or updated contact details.
8) SECURITY OF LOG IN CREDENTIALS:
You are requested not to share passwords to your account(s) on the Platform with any other individual /entity and be responsible in what you post.
If you have registered on the Platform, the safety and security of your log-in credentials (i.e. your account access information and passwords) is your responsibility. You should not share your log-in credentials with any other person. You are fully responsible for all uses of your log-in credentials including all activities that occur under your account through the Platform. The Company, however, undertakes to take all reasonable precautions at its end to ensure that there is no compromise of login credentials provided to you.
You agree to immediately notify the Company of any unauthorized use of your account and/or log-in credentials.
LINKS TO THIRD-PARTY SITES:
The Platform may make available links to other websites. When you click on such links, you may leave our Platform. These links are provided solely as convenience to you and the presence of these links shall not under any circumstances be considered as an endorsement of the contents of the same by the Company. The Company is not responsible for the content on such linked third party websites and does not make any representations relating to the content on such websites. If you chose to access these websites you do so at your own risk.
DISCLAIMERS:
(a) THE COMPANY IS AN INTERMEDIARY AS DEFINED UNDER SECTION 2(1)(W) OF THE INFORMATION TECHNOLOGY ACT, 2000.
(b) The Company shall not be responsible for any content posted by any Users / third parties on the Platform. The Platform primarily serves as a portal for online distribution and publication of information submitted by Users. Although, the Company is not obligated to screen any communications or information posted by Users. Views expressed by the Users are their own and the Company does not endorse the same.
In case any inaccurate or otherwise improper content which does not conform to these Terms of Use is sighted on the Platform, Users are requested to notify the Company of the same using the contract details provided below. If the Company finds such content to be in violation of the Terms of Use, the Company may in its sole discretion take down or request the removal of such content, in accordance with applicable laws.
(c) Any mention of non-Company products or services is provided on the Platform is for informational purposes only. Nothing on the Platform shall be considered an endorsement, representation or warranty to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
(d) ALL INFORMATION AVAILABLE ON THE PLATFORM (INCLUDING INFORMATION RELATING TO THE COMPANY, ITS PRODUCTS AND/OR SERVICES) IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(e) WITHOUT LIMITATION ON THE FOREGOING:
- (i) The company does not warrant that the platform will operate error-free or that the site, application and their server(s) are free of computer viruses or other harmful mechanisms. If your use of platform results directly or indirectly in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
- (ii) The company makes no representations regarding the truthfulness, accuracy, completeness, timeliness or reliability of any content posted by users, or of any other form of communication engaged in by users
- (iii) The company makes no representations regarding the effectiveness of the services or timeliness of the products or services offered through the platform. The company does not guarantee that the services or products offered through the platform will result in candidates being hired and/or vacancies being filled, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you.
MAKE YOUR OWN DECISION:
YOU AGREE THAT ANY RELIANCE ON CONTENT OR INFORMATION POSTED ON THE PLATFORM INCLUDING BY OTHER USERS, OR ON ANY OTHER FORM OF COMMUNICATION OR INTERACTION WITH OTHER USERS, WILL BE AT YOUR OWN RISK. USERS ARE REQUESTED TO CONDUCT INDEPENDENT CHECKS BEFORE PROCEEDING WITH ANY TRANSACTION OR EXPLORING ANY EMPLOYMENT OPPORTUNITY, BASED ON THE DATA AVAILABLE ON THE PLATFORM.
THE COMPANY DOES NOT GUARANTEE THE AUTHENTITCITY, NATURE AND/OR QUANTUM OF THE RESPONSES TO ANY POST OR APPLICATION UPLOADED BY A USER OR THAT THERE WILL BE ANY RESPONSE AT ALL.
All or any decisions made would be entirely your prerogative and company does not claim to offer any advice, either legal or financial, neither does it provide any guarantees or warrantees.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE COMPANY PROVIDES NO GUARANTEES OF SERVER UPTIME OR APPLICATIONS WORKING PROPERLY. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, INCLUDING UNDER TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE COMPANY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
PRIVACY:
PLEASE USE THE PRIVACY SETTINGS AVAILABLE ON THE PLATFORM TO PROTECT YOUR INFORMATION.
The Privacy Policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the privacy policy on a best efforts basis, additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the User.
When You share or upload or store information others may be able to view, copy or download such information.
You give us permission to use the information about actions that you have taken on Technoculars.com in connection with ads, offers and other sponsored content that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendation to you and others.
14) PAYMENT TERMS & REFUND POLICY:
YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE COMPANY.
Payments for the services offered by the Platform shall be on a 100% advance basis. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refund, if any, will be at the sole discretion of the Company.
User hereby irrevocably accepts to receive the tax invoice as soft copy through emails.
Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Company (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the Company
The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
In the event of any suspension or termination of services on account of non-compliance of these Terms of Use, any payment made to the Company by you shall stand forfeited with immediate effect.
The User acknowledges and agrees that Company/Platform, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount excess paid by a subscriber/user against any amount(s) payable by User to Company under any other agreement or commercial relationship towards other products/services. The Company gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. We undertake no liability for free services.
The User or customer shall be required to promptly provide copy of TDS certificate to the Company as mandated under law for tax deducted at source from the payments made to the Company. Any loss on account of non availment or disallowance of such TDS credit in view of any lapse as per this clause or as required under applicable law on the part of User or customer shall entitle the company to seek reimbursement or indemnification
Users, buying the products online are redirected to third party gateways for completing payment transactions. These transactions happen on third party network and hence not controlled by Company.
A User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Company assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line
The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
15) AMENDMENT TO THESE TERMS OF USE
COMPANY RESERVES ITS RIGHT TO AMEND / ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE. SUCH AMENDED TERMS SHALL BE POSTED ON THE PLATFORM.
Businesses, environment and technology evolve and in order to accommodate the changing nature of the environment in which we operate as well to provide for any additional features that may be introduced in future, these Terms may need modifications or additions. Such modifications or additions shall be effective immediately upon posting of the modified Terms of Use on the Site.
You are advised to review the modified Terms of Use periodically to be aware of such modifications or additions and your continued access or use of the Site, shall be deemed conclusive proof of your acceptance of these Terms of Use, as amended/modified from time to time
16) INTELLECTUAL PROPERTY RIGHTS:
YOU ARE REQUESTED TO RESPECT OUR PROPRIETARY RIGHTS AND BRANDS
All rights, title and interest in and to the Platform including the intellectual property rights therein, which shall include but not be limited to proprietary database, trademarks, service marks, logo, copyright, know-how in and to the Platform, and any copies You are permitted to make herein, are owned by the Company and is protected by applicable laws. You are granted a limited, revocable, personal license to use and access the Platform for the Purpose, provided that you are at all times in compliance with these Terms of Use. Users shall under no circumstance sublicense, assign, or transfer the license, and any attempt at such sublicense, assignment or transfer is void. No rights are granted to you other than a limited permission to use the Platform upon the terms expressly set forth in these Terms of Use. Any misuse of the Platform or the Company’s intellectual property for a competing business or in any other manner whatsoever shall be actionable by the Company. The structure, sequence, organization and source code of the Platform are valuable trade secrets and copyright of the Company.
By opting to access the Site and use the services, you hereby acknowledge and agree that any information or material provided to the Company will be deemed NOT to be confidential and proprietary to you. By providing the Company any information or other material, You grant Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, sublicenseable, right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information, and You also agree that the Company is free to use any ideas, concepts, know-how or techniques that You send us for any purpose. You further agree that such license would not lapse in any circumstances, notwithstanding the provisions of any law in force, including without limitation, the Indian Copyright Act, 1957. You further agree to indemnify, defend and hold the Company harmless from any liability arising due to the use or distribution of any such material or information.
The above provisions and rights granted regarding title and intellectual property rights associated with the Platform shall survive termination of these Terms of Use.
17) LOCAL LAWS:
You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries, while consuming the information and the services as available through the Platform.
18) INDEMNIFICATION:
BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE PLATFORM INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO THE PLATFORM.
19) TAXES:
ANY REFERENCE TO DUTIES AND TAXES ETC IN THESE TERMS OF USE SHALL INCLUDE GOODS AND SERVICES TAX (“GST) OR VALUE ADDED TAX (VAT) AS PER LOCAL JURISDICTION OR ANY OTHER SIMILAR TAX OR DUTY, BY WHATEVER NAME CALLED (HEREIN REFERRED AS GST) AND SHALL BE CHARGED IN ADDITION TO THE BASIC AMOUNT, IN ACCORDANCE WITH RESPECTIVE LAWS & REGULATIONS.
YOU ARE REQUIRED TO PROVIDE TRUE & CORRECT INFORMATION AS REQUIRED UNDER TAX LAWS, INCLUDING BUT NOT LIMITED TO SEZ/FREE ZONE UNIT OR USAGE THEREIN & TECHNOCULAR SHALL BE ENTITLED TO CONSIDER ANY INFORMATION AVAILABLE AS PER ITS RECORDS TO BE CORRECT & TRUE & DISCHARGE ITS TAX OBLIGATIONS ACCORDINGLY. IN CASE OF ANY DISCREPANCY OR CHANGE, THE USER IS REQUIRED TO PROMPTLY INTIMATE THE CORRECT OR UPDATED PARTICULARS TO THE COMPANY. THE COMPANY SHALL BE ENTITLED TO SEEK INDEMNIFICATION FROM USERS IF IT IS REQUIRED TO PAY ANY TAX, DUTY, FEE, INTEREST OR PENALTY IN VIEW OF INCORRECT OR INCOMPLETE INFORMATION OR DATA FURNISHED BY USER OR NOT GOT RECTIFIED/ UPDATED BY USER TIMELY.
20) TERMINATION AND SUSPENSION:
COMPANY MAY, WITHOUT NOTICE IN ITS SOLE DISCRETION, AND AT ANY TIME, TERMINATE OR RESTRICT YOUR USE OR ACCESS TO THE PLATFORM (OR ANY PART THEREOF) FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THAT THE COMPANY BASED ON ITS JUDGEMENT AND PERCEPTION BELIEVES YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OF USE.
IN THE EVENT OF SUSPENSION OR TERMINATION OF SERVICES, ANY LIMITED RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE SHALL REVERT TO THE COMPANY FOR ALL PURPOSES. FURTHER, YOU WILL RETURN TO THE COMPANY, ANY UNUSED DATA OR INFORMATION IN YOUR POSSESSION, WITH IMMEDIATE EFFECT. THE TERMS OF USE SHALL APPLY TO ANY DATA OR INFORMATION TO WHICH YOU HAD ACCESS PRIOR TO THE SAID SUSPENSION OR TERMINATION AND ANY ABUSE OR MISUSE THEREOF, SHALL BE ACTIONABLE IN ACCORDANCE WITH THE TERMS OF USE. [DURING AND BEYOND THE VALIDITY OF THIS AGREEMENT, YOU SHALL TREAT ANY PROPRIETARY DATA (INCLUDING WITHOUT LIMITATION, THE PRICING TERMS, INFORMATION RELATING TO OUR SERVICES AND BETA STAGE TRIALS ETC.) SHARED WITH YOU AS CONFIDENTIAL, IF IT WAS UNDERSTOOD AS CONFIDENTIAL BY THE NATURE OF THE INFORMATION OR THE CIRCUMSTANCES OF THE DISCLOSURE.]
21) DISPUTE SETTLEMENT:
If any dispute arises between a User/Users and Company arising out of use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. The decision of the arbitrator shall be final and binding on both the parties to the dispute. The venue and seat of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996 as amended or by any successive legislations, shall govern the arbitration proceedings.
The Company will not be party to any legal proceedings between a User (e.g. a subscriber) and a party contacted through the Platform site. In case Company is made a party in any legal proceedings, costs will be recovered from the party on whose behest the Company is involved in the matter, to which it otherwise has no control. Company however will abide with any court order served on it through due process.
22) GOVERNING LAW AND JURISDICTION:
These Terms of Use shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in New Delhi, India.
23) ENTIRE AGREEMENT
THESE TERMS OF USE AS AMENDED FROM TIME TO TIME CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE PLATFORM.
These Terms of Use supersede all terms and conditions contained in any purchase order, order acknowledgment form, invoice or other business form submitted by You.
No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Platform permitted under these Terms of Use shall form part of these Terms of Use.
24) SEVERABILITY
VOID PROVISIONS SHALL HAVE NO EFFECT ON THE VALIDITY OF OTHER PARTS OF THESE TERMS OF USE
If any provision of these Terms of Use are held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
25) ASSIGNMENT AND DELEGATION:
The access to this Platform is being providing only to You, for your own use in accordance with these Terms of Use You may not assign or delegate your rights under these Terms of Use or the limited license that has been extended to you, and any assignment and/or delegation of these Terms of Use or any sub licensing by you will be null and void, in case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law, we reserve our rights to claim damages and seek an injunction against You.
26) AVAILABILITY OF SERVICES
Services are provided on an AS IS and AS AVAILABLE basis, however, there are no server uptime guarantees.
Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control, may cause an interruption in the services or non-availability of services or certain features thereof.
27) ACTIVATION
Due to a high incidence of credit card fraud, your services purchased online using a credit card may not be activated without a proper verification.
27) CONTACT INFORMATION
YOU MAY CONTACT US BY APPROACHING US AT ANY OF THE FOLLOWING EMAIL ADDRESSES DEPENDING ON THE NATURE OF THE QUERY/ COMPLAINT THAT YOU WISH TO ADDRESS TO US:
- General queries related to the functioning of the website:
- Fraudulent listings on the Site may be reported
- Complaints related to content on the Platform/Site may be made to the Grievance Officer appointed by the Company. using the interface available here.
CONDITIONS APPLICABLE TO JOBSEEKER SOLUTIONS
1. By creating a jobseeker account on the Platform, you agree to :
- a. Making your resume searchable to all Users of the Platform who subscribe to CV Database (“Subscribers”). You may be contacted by Subscribers via email, telephone and/or post. We recommend that you read the privacy settings carefully to make your profile accessible to recruiters/ employers as per your preferences. The Site will not be held responsible for contacts/mails received by you.
Your profile shall be accessible with restrictions to unregistered users as well, however, they shall not be able to contact You. - b. Receive job alerts (messages detailing jobs that match your profile as entered on the Platform) via email/SMS/Whatsapp or any other mode. You may remove Yourself from the job alert database by resetting this option in the Privacy Setting section of Your resume
- c. Receive promotional mailers/ special offers/recommendations by the Platform on its behalf or on behalf of third parties. You may remove yourself from the promotional mailer database by resetting this option on the Privacy Setting section of your resume.
The resume/ insertion or information/data fed by you can be updated by You alone, without any additional cost, except for a few fields which are automatically updated by the Platform based on the information that is provided by you, in order to enhance your user experience.
2. Certain portions/functions of the Platform may not require a mandatory registration, if You are unregistered and You are using such portion of the Platform , You undertake that
- a. The data/information fed by You is true and correct in all respects
- b. You will not disseminate false/objectionable/offensive material using these services or any material which is violative of the Terms of Use of the Platform;
- c. You shall use the services exclusively for the purposes of bona fide job applications; Usage of the interface on the Platform for any other purpose is strictly prohibited.
Please note that The Platform may reach out to You, based on the interests expressed by You while using the Platform.
3. In order to use the Platform, you may sign in using your Facebook/Google login. If you do so, you authorize us to access and use certain Facebook/Google account information, including but not limited to your public Facebook profile. For more details regarding the information we collect from you and how we use it, please visit our Privacy Policy.
4. When You indicate your interest in a job listing on the Platform, you are sending your CV and application information including relevant documents to the Platform, and you are requesting and authorizing the Platform to make available such application/ information to the applicable advertiser(s) for such job listing(s).
5. By using the Platform, You agree that the Company is not responsible for the content of the Recruiter/employer’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
6. You consent to your application, documents and any responses sent to you by the Recruiter/employer or vice versa through the Platform being processed and analysed by the Company according to these Terms of Use and the Platform’s Privacy Policy. The Platform shall store and process such information regardless of whether a job vacancy has been filled. The Platform may use your application materials (including public CVs and responses to employer’s questions) to determine whether you may be interested in a job listing, and the Platform may reach out to you about such job listing.
7. Information you post in public areas of the Platform or applications or make visible in the resume and profile database, may be accessed, used, and stored by others around the world, including those in countries that might not have a legislation that guarantees adequate protection of personal information as defined by your country of residence. While the Platform takes measures to safeguard your information from unauthorized access or inappropriate use, the Platform does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of the Platform or to a public website.
8. The Company merely offers a platform, therefore the Company neither guarantees nor offers any warranty about the credentials, bonafides, status or otherwise of the prospective Recruiter/employer/organization which downloads the resume/ insertion or information/data and uses it to contact you.
9. The Company will not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by You due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
10. You are advised not make any payments to any Recruiters and are further advised to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of the Platform by you, prior to going out of station or in station for any job or interview. The Company assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which you may do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ data being fed into the network system of the Platform.
11. The Company reserves its right to reject and delete any resume/ insertion or information/data fed in by you without assigning any reason.
12. In case You have opted for any paid services designed to enhance your job search, depending on the services opted, the following shall also apply:
- a. The Company will commence providing services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf and once the receipt of the payment has been identified in terms of sales order.
- b. Services once subscribed are not transferable.
- c. Payment once received stands appropriated, the refund policy of the Site shall govern.
- d. In case you have subscribed to Resume writing/development services, You must respond to the queries raised (sent by email) by us within 7 days of such a query being raised failing which, the Company shall stand absolved of all its obligations.
- e. In case you have subscribed to Resume Display/Resume Writing services and necessary inputs required by us for commencing the services are not received by us within 30 days of the payment, the order shall stand cancelled and any amounts paid shall be appropriated.
- f. Job Alerts:
- (i) The Platform uses an automated algorithm to match jobs against the keywords/attributes present in the profile submitted by the user or based on the preferences set by a user, and hence offers no guarantee nor warranties that the jobs sent in the job mail will be relevant to the profile. You are advised to independently verify the authenticity of the credentials of the employers/recruiters whose profiles and or offers may be part of the Job Alerts (Mail or SMS)
CONDITIONS APPLICABLE TO RECRUITMENT SOLUTIONS
1. The services provided to You are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence. Mailing practices such as transmitting marketing and promotional mailers/ offensive messages/ messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited. Similarly, posting jobs without authorization from the end employer is an incorrect practice and is prohibited. We reserve the right to terminate services, without prior notice, to the originator of spam. No refund shall be admissible under such circumstances.
2. You undertake that the jobs sought to be advertised on any section of the Platform or job opportunities with regard to which candidates are contacted through the CV database are in existence, genuine and You have the authority to advertise or act as a recruiter to ensure that the job vacancies are closed.
3. Unless You are utilizing the Platform in the capacity of a consultant fulfilling the hiring requirements of an end employer, the transfer/ movement of Resumes/CVs out of Recruiter’s establishment is not permissible.
4. You shall ensure compliance with all applicable laws for the protection of the personal details of the users whose profiles are accessed by You through the Platform, including but not limited to compliance with any laws/regulations relating to unsolicited communications etc, the Telecom Commercial Communications Customer Preference Regulations, 2010 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while availing services of the Company on the Platform.
5. You will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions
6. You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable under GDPR or any other applicable Data Security law) in an expeditious and compliant manner
7. You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
8. You agree that the responsibility for complying with a data subject request lies with the party which holds/processes the personal data collected/shared
9. You warrant and represent that the institution shall not disclose or transfer personal data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the personal data.
10. You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes which in any case shall not exceed 90 day (in the case of response to a listing 180 days) and thereafter destroy these. The Company reserves it right to seek a certificate to this effect from You.
11. Any piece of personal data that is downloaded by You from the Platform, shall be used only for fulfilling hiring requirements, any usage for any other purposes is strictly prohibited.
The Platform and the Recruiters etc. (as applicable) would act as independent controllers in their respective capacity. For more details please visit the data protection amendment (hyperlink).
12. You agree that you are responsible for the documents, screening questions, comment threads, and additional information asked from the job seekers when they apply to a job posted by you through the Platform. You shall ensure that any additional information collected from the job seekers during their interaction with you in any form through the interface provided by the Platform shall not include special categories of information (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, passwords, financial information and health information) until explicit consent is taken from the job seekers (data subjects).
In such cases where the Platform is processing information exclusively on your behalf, it acts in the capacity of a data processor with you acting as the data controller. For more details please visit the data protection amendment (hyperlink) (Processor addendum).
13. The Company shall be entitled to place the information relating to vacancies in specified sections on the Platform and such other mirror or parallel website(s) or in allied publications as the Company may deem fit and proper but such additional publication shall be without any extra cost to You.
14. The information related to job vacancies displayed on the Platform shall be for a fixed period (currently 62 days), which period is subject to change.
15. Depending on the type of listing that has been subscribed, the features and the fields may vary.
16. By posting/uploading a job posting/listing on the Platform, You confirm that You have obtained all licenses/permits as are necessary for the said activity and to indemnify the Company against all claims, damages arising out of actions/claims that may be made by third parties in relation to the same.
17. The Company has the right to make all such modifications/editing of the vacancy details in order to fit its data structure.
18. The Company reserves its right to reject any insertion or information/data provided by you without assigning any reason either before uploading or after uploading the vacancy details.
19. The Company will commence providing the services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf
20. In case You have opted for shortlisting services, the Company will make best efforts to use the parameters provided by You to short list, but takes no responsibility for the accuracy of the short listing based on the parameters for selection as specified by You. The Company does not act as an agent of the Recruiter.
21. The Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the job vacancy is put on display or for any responses received/contacts made through the CV database.
22. The Company shall in no way be held liable for any information obtained/received by You and it shall be Your sole responsibility to check, authenticate and verify the information/response received at Your own cost and expense.
23. Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, are the employer’s/recruiter’s responsibility alone and the Company will not be liable in any manner for the consequences of such action taken by the user.
24. No fee shall be charged by the Recruiter from any person who responds to jobs advertised on the Platform. You further undertake to use the database to contact candidates for jobs only.
25. The Company reserves its right to change the look, feel, design, prominence, depiction, classification of the Platform or any portion thereof at any time without providing any prior intimation to you.
26. Usage from third party premises/networks without prior written permission of the Company is not permitted.
27. You are entitled to store job applications/uploaded CVs on the Platform up to the prescribed allowable limit during the validity period of the services. The Company will not be responsible for restoring data against services that have expired or for job vacancies that have been removed.
28. You may also be offered other services, including use of the Response manager, access to CV database for the period of services and banners on a “run of the website” basis as agreed with the Company. These services entitle one company/entity alone to put up a microsite within the domain of the Site having a maximum data size as applicable during the validity period of the services
Data protection amendment – Controller and ProcessorIn line with General Data Protection Regulation, the below mentioned obligations are drafted which will be applicable on both the parties
I. Definitions
For the purposes of the clauses:
- GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
- The data processor shall mean the entity who processes data on behalf of the controller.
- The data controller shall mean the entity that determines the purposes, conditions and means of the processing of personal data.
- Clauses shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements
- Data Protection Legislation means the GDPR for as long as it is directly applicable in the European Union and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in India, and then any successor legislation.
- Data Subject means a data subject as defined by the Data Protection Legislation.
- Personal Data means personal data as defined by the Data Protection Legislation.
- Clients means the recruiters, consultants etc. engaging with Technoculars.com for availing recruitment services.
- Client Data means any Personal Data Processed by a Processor on behalf of the Client pursuant to or in connection with the Principal Agreement;
- Data Protection Laws means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
- EEA means the European Economic Area;
- Personal Data Breach means A 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;
- Services means the services and other activities to be supplied to or carried out by or on behalf of Partner/ Third party for Company Group Members pursuant to the Principal Agreement;
- Sub processor means any subsequent processor engaged by the data processor or by any other sub processor of the data processor who agrees to receive from the data processor or from any other sub processor of the data processor’s personal data exclusively intended for processing activities to be carried out on behalf of the data controller after the transfer in accordance with his instructions, the terms of the Clauses.
- Supervisory Authority Means an independent public authority which is established by an EU Member State pursuant to the GDPR.
- Agreement means the written or electronic agreement between Client and Technoculars.com for the provision of the Services to Client.
II. Scope of this Data Protection Amendment (DPA)
This DPA applies where and only to the extent that: (i) Technoculars.com processes Personal Data on behalf of clients (recruiters) in the course of providing Services to the clients pursuant to the Agreement; and (ii) the Agreement between Technoculars.com and the clients expressly incorporates this DPA by reference.
III. Roles and scope of processing
- Role of the Parties: As between Technoculars.com and the client, Client is the Data Controller of Client Data and Technoculars.com shall process Client Data only as a Data Processor acting on behalf of the Client.
- Client’s Processing of Client Data: Client agrees that (i) it will comply with its obligations as a Data Controller under Data Protection Laws in respect of its processing of Client Data and any processing instructions it issues to Technoculars.com ; and (ii) it has provided notice and obtained (or will obtain) all consents and rights necessary for Technoculars.com to process Client Data pursuant to the Agreement and this DPA.
- Technoculars.com ’s Processing of Client Data: As a Data Processor, Technoculars.com will process Client Data only for the purpose of providing the Services and in accordance with Client’s documented lawful instructions as set forth in the Agreement and this DPA. The parties agree that the Client’s complete and final instructions with regard to the nature and purposes of the processing are set out in this DPA. Processing outside the scope of these instructions (if any) will require prior written agreement between Client and Technoculars.com on additional instructions for processing.
IV. Details of Data Processing:
- Subject matter: The subject matter of the data processing under this Amendment is the Client Data.
- Duration: As between Technoculars.com and Client, the duration of the data processing under this DPA is the term of the Agreement.
- Purpose: The purpose of the data processing under this DPA is the provision of the Services to the Client.
- Nature of the processing: Recruitment solutions, storage and analysis of Client data (job applications, related documents, etc.) such other services, as described in the Terms of use and Privacy Policy.
- Types of Client Data: The types of Client Data are determined by Client in its sole discretion and may include but are not limited to: identification and contact data (name, address, title, job title, contact details, username); device data; employment details (employer, job title, geographic location, area of responsibility); job applications and related documents; and IT information (IP addresses, usage data, cookies data, device specific information, connection data, location data).
- Categories of data subjects: The categories of data subjects whose personal data may be transferred in connection with the Services are determined and controlled by Client in its sole discretion and may include but are not limited to: employees or contact persons of Clients and its prospects, customers, business partners and third parties (who are natural persons); Client’s end users (such as job applicants, recruits).
V. Obligations of the data controller
The data controller warrants and undertakes that:
- The personal data have been collected, processed and transferred in accordance with the laws applicable to the data controller.
- It has used reasonable efforts to determine that the data processor is able to satisfy its legal obligations under these clauses.
- It will provide the data processor, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data controller is established.
- It is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Client Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Client Data uploaded to the Services.
VI. Obligations of the data processor
The data processor warrants and undertakes that:
- It will have in place reasonable technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access.
- It will have in place procedures so that anyone it authorises to have access to the personal data, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data processor, including a sub processor, shall be obligated to process the personal data only on instructions from the data processor. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.
- It will process the personal data for purposes described in the privacy policy and terms and conditions.
- It will identify to the data controller a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data controller, the data subject and the authority concerning all such enquiries within a reasonable time.
- Following expiration of the Agreement, It shall delete or return to Customer all Client Data in its possession in accordance with the terms of the Agreement and save to the extent Technoculars.com is required by applicable law to retain some or all of the Client Data.
- Data breach: Upon becoming aware of a Data Breach, it will notify Client without undue delay and will provide information relating to the Data Breach as it becomes known or as is reasonably requested by client. It will also take reasonable steps to mitigate and, where possible, to remedy the effects of, any Data Breach.
- Sub processors: Client agrees that in order to provide the Services set forth in the Agreement, Technoculars.com may engage sub processors to process Client Data. Technoculars.com will restrict the Sub processors access to Customer Data only to what is necessary for assistance in providing or maintaining the Services, and will prohibit the Sub processor from accessing Customer Data for any other purpose. Technoculars.com will enter into a written agreement with the Sub processor imposing data protection terms that requires the Sub processor to protect the Client Data to the standard required by Data Protection Laws. Technoculars.com will remain responsible for its compliance with the obligations of this amendment and for any acts or omissions of the Sub processor that cause Technoculars.com to breach any of its obligations under this DPA.
VII. Law applicable to the clauses
These clauses shall be governed by the law of the country in which the data controller is established.
VIII. Resolution of disputes with data subjects or the authority
- In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
- The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.
- Each party shall abide by a decision of a competent court of Technoculars.com ’s country of establishment or of the authority which is final and against which no further appeal is possible.
IX. Description of the Transfer
The details of the transfer of the personal data are specified in Privacy policy and terms and conditions.
Data protection amendment – independent controllersIn line with General Data Protection Regulation, the below mentioned obligations are drafted which will be applicable on both the parties
I. Definitions
For the purposes of the clauses:
- “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
- The “data exporter” shall mean the controller who transfers the personal data;
- The “data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;
- “Clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements
- “Data Protection Legislation” means the GDPR for as long as it is directly applicable in the European Union and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in India, and then any successor legislation.
- “Data Subject” means a data subject as defined by the Data Protection Legislation.
- “Personal Data” means personal data as defined by the Data Protection Legislation
II. Obligations of the data exporter
The data exporter warrants and undertakes that:
- The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.
- It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.
- It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.
III. Obligations of the data importer
The data importer warrants and undertakes that:
- It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
- It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.
- It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.
- It will process the personal data for purposes described in the privacy policy and terms and conditions, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.
- It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time.
- It will not disclose or transfer the personal data to a third party data controller without ensuring that adequate and equivalent safeguards to the Personal Data.
IV. Law applicable to the clauses
These clauses shall be governed by the law of the country in which the data exporter is established
V. Resolution of disputes with data subjects or the authority
The data controller warrants and undertakes that:
- In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
- The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.
- Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.
VI. Termination
- In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.
- In the event that:
- the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);
- compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
- the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
- a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
- a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.
- Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.
- The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.
VII. Description of the Transfer
The details of the transfer and of the personal data are specified in Privacy policy and terms and conditions.
Terms & Conditions
By creating an account on Technoculars.com , you agree to the following
- Making your resume searchable to clients of Info Edge (India) Limited “Company” who subscribe to our Technoculars.com recruitment product
- Your profile shall be accessible with restrictions to unregistered users as well, however, they shall not be able to contact You.
- You may be contacted by subscribers of Technoculars.com via email, telephone/ Whatsapp/ Facebook and/or post. If you wish to modify this setting and make yourself non-searchable, you may mange visibility by using appropriate settings in your account. We recommend that you read the visibility settings carefully and Company will not be held responsible for contacts/mails received by you from recruiters.
- By registering on Technoculars.com you allow us to contact you from our Whatsapp Business Account
- When you indicate your interest in a job listing on Technoculars.com , you are sending your CV and application information including relevant documents to Technoculars.com , and you are requesting and authorizing Technoculars.com to make available such application information to the applicable Employer(s) for such job listing(s).
- In addition, by using Technoculars.com , you agree that Technoculars.com is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
- Receive job alerts (mails detailing jobs that match your profile as or based on the preferences set by a user on Technoculars.com ) via email/ Whatsapp and Other Social Media Channels like Facebook Messenger. You may remove yourself from the job alert email database by resetting this option in appropriate your account
- Receive promotional mailers/ special offers from partner sites or from third parties. You may remove yourself from the promotional mailer email database by resetting this option on the appropriate section of your account with Technoculars.com .
- You consent to your application, documents and any responses sent to you by the Employer or vice versa through Technoculars.com being processed and analysed by Technoculars.com according to these terms of use and Technoculars.com ’s Privacy Policy. Technoculars.com shall store and process such information regardless of whether a job vacancy has been filled. Technoculars.com may use your application materials (including public CVs and responses to employer’s questions) to determine whether you may be interested in a job listing, and Technoculars.com may reach out to you about such job listing.
- You give us permission to use the information about actions that you have taken on Technoculars.com in connection with ads, offers and other sponsored content that we display on the website
- The website www.Technoculars.com may contain links to third party websites, these links are provided solely as convenience to you and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if you chose to access these websites you do so at your own risk.
- The resume/ insertion or information/data fed by the user can be updated by the user alone, free of cost. Company/Technoculars.com shall not be responsible for any changes made in the resume/information uploaded by the user.
- Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume/ insertion or information/data is fed by the user.
- Company neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact the user.
- Information you post in public areas of Technoculars.com sites or applications or make visible in the resume and profile database may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While Technoculars.com takes measures to safeguard your information from unauthorized access or inappropriate use, Technoculars.com does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any Technoculars.com site or application or to a public website.
- Company would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Company’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
- The responsibility for accuracy and reliability of any information uploaded by a jobseeker including photographs lie solely with the uploader of the content. Technoculars.com shall not be held responsible for the accuracy of information provided by a user. However, in case a user comes across fraudulent information of any kind on the website, users are
- Whilst using this Technoculars.com an obligation is cast upon you to only provide true and correct information and in the case of creating a profile you undertake to at all times keep the information up to date. It shall be sole prerogative and responsibility of the user to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of Company by the user, for going out of station or in station for any job or interview. Company assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the user may so do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ date being fed into the network system of Company.
- Company reserves its right to reject and delete any resume/ insertion or information/data fed in by the user without assigning any reason.
- This free service entitles the user alone i.e the same person, to add modify or change the data/information fed in by him but does not entitle him to use the free service to feed fresh insertion or information/data /resume of another person in place of the insertion or information/data already fed in by such user.
- Company has the right to make all such modifications/editing of resume in order to fit resume in its database.
- The username/password created by the subscriber will enable the subscriber to access all the information received through Technoculars.com , but the sole responsibility of the safe custody of the password shall be that of the subscriber and Company shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. Company undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password
- Although all attempts are made to immediately make live all changes / modifications made by the user to the data / information, they may take some time, however they shall be effected and will come into operation after 24-48 hours of such changes / modifications being made.
- The user agreement between a user/subscriber and Company will be treated as having been terminated in the following events :
- On completion of the term for which the user/subscriber engages the services of the website; or
- In case the user/subscriber violates any of the conditions of this agreement or any other agreement entered into by him with Company, however, such termination will be at the option and discretion of Company; or
- In writing and on such terms as agreed to by the parties mutually.
- Any feedback provided by a User shall be deemed as non-confidential to the User.
- The jobseeker consents to the data uploaded by him/her being made being included in the searchable database of Technoculars.com or any other ancillary website maintained by Company and offering similar services.
- The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.
- requested to notify the website authorities about the same through the means provided.
- Technoculars.com allows recruiters to download resume of jobseekers subject to jobseeker’s prior consent and preferences. Technoculars.com shall not be held responsible for any dissemination of information including uploaded photograph outside its purview.
- Jurisdiction for any disputes arising from and related to this contest shall be New Delhi, India to the exclusion of all other courts.
- Disputes shall be resolved in accordance with the laws of India as applicable.
- In order to use Technoculars.com , you may sign in using your Facebook/Google/ Linkedin login. If you do so, you authorize us to access and use certain Facebook/Google/Linkedin account information, including but not limited to your public Facebook profile and posts. For more details regarding the information we collect from you and how we use it, please visit our Privacy Policy.
- Technoculars.com reserves the right to send the following mailers to users unless the settings for these mailers are modified from the user’s account on Technoculars.com
- Job Alerts & similar updates on SMS and Whatsapp
- Career / Education information on SMS and Whatsapp
- Other promotions / special offers on SMS / email
- Technoculars.com – partner sites
- SMS/Whatsapp/Facebook (Messenger) Contacts by Recruiters/ Technoculars.com servicing team
Privacy Policy
1. Introduction
We, at Info Edge (India) Limited and our affiliated companies worldwide (hereinafter collectively referred to as “TECHNOCULAR”), are committed to respecting your online privacy and recognize the need for appropriate protection and management of any personally identifiable information you share with us. This Privacy Policy (“Policy”) describes how TECHNOCULAR collects, uses, discloses and transfers personal information of users through its websites and applications, including through www.Technoculars.com , mobile applications and online services (collectively, the “Platform”).
This policy applies to those who visit the Platform, or whose information TECHNOCULAR otherwise receives in connection with its services (such as contact information of individuals associated with TECHNOCULAR including partners) (hereinafter collectively referred to as “Users”). For the purposes of the Privacy Policy, “You” or “Your” shall mean the person who is accessing the Platform.
2. Types of Personal Information collected by TECHNOCULAR
“Personal information” (PI) – means any information relating to an identified or identifiable natural person including common identifiers such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and any other information that is so categorized by applicable laws.
We collect information about you and/or your usage to provide better services and offerings.
The Personal Information that we collect, and how we collect it, depends upon how you interact with us. We collect the following categories of Personal Information in the following ways:
- we may collect your Personal Information such as name, email address, password, country/nationality, gender, current location, city, contact number with country code and company/organization that you are associated with, when the you sign up as a jobseeker or an employer or you set up an alert on the Platform;
- information that one would usually include in a resume, including name, contact details including e-mail address and mobile number, date of birth, work experience, educational qualifications, data relating to your current and past employment and remuneration or salary, a copy of your resume, photographs, visa and work status etc. when you register on the Platform;
- information about the services that you use and how you use them, including log information and location information, when you are a user of the services through the Platform;
- we may collect your Personal Information such as name, age, contact details, employment preferences, etc. through surveys and forms, when you choose to participate in these surveys etc.;
- we may also collect information about whether you are eligible for any affirmative action programmes or policies, if you opt to provide such information;
- when you communicate with TECHNOCULAR or use the Platform to communicate with other Users (such as partners), we collect information about your communication and any information you choose to provide;
- when you visit the Platform, we use cookies to automatically collect, store and use technical information about your system and interaction with our Platform;
- when you use a device to access the Platform, TECHNOCULAR may collect technical or other related information from the device as well as the device location;
- to the extent permitted by law, TECHNOCULAR may record and monitor your communications with us to ensure compliance with our legal and regulatory obligations and our internal policies. This may include the recording of telephone conversations.
- If you choose to sign in with your social media account to access the Platform, or otherwise connect your social media account with the services of the Platform, you consent to our collection, storage, and use, in accordance with this Privacy Policy, of the information that you make available to us through the social media interface. Please see your social media provider’s privacy policy and help centre for more information about how they share information when you choose to connect your account.
3. How TECHNOCULAR may use your Personal Information
We will only use your personal data in a fair and reasonable manner, and where we have a lawful reason to do so.
Our use of your personal data depends on the purpose for which you interact with us. We may process your Personal Information for the following purposes:
- Providing our services and products to you including to send you job alerts, relevant search results and recommended jobs and/or candidates (as the case maybe);
- Providing career news & updates, career related promotions from third party sites, premium services from partner sites via email/ SMS/ Whatsapp/ Facebook (Provided you subscribe to the same. To unsubscribe, please visit your email preferences page)
- Protecting our Users and providing you with customer support;
- We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services (for more information please refer to paragraph 4 below). When showing you tailored ads, we will not associate an identifier from cookies or similar technologies with sensitive categories, such as those based on race, religion, sexual orientation or health.
- Improving the Platform and its content to provide better features and services.
- Conducting market research and surveys with the aim of improving our products and services.
- Sending you information about our products and services for marketing purposes and promotions;
- Preventing, detecting, investigating and taking action against crimes (including but not limited to fraud and other financial crimes), any other illegal activities, suspected fraud, or violations of TECHNOCULAR’s Terms of Use in any jurisdiction
- To the extent required for identity verification, government sanctions screening and due diligence checks.
- Establishing, exercising or defending legal rights in connection with legal proceedings (including any prospective legal proceedings) and seeking professional or legal advice in relation to such legal proceedings.
4. Cookies and Other Tracking Technologies
Some of our web pages utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about web-site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Platform.
Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our site is accessed. Our use of cookies and other tracking technologies allows us to improve our Platform and the overall website experience. We may also analyse information that does not contain Personal Information for trends and statistics.
For more information about our use of cookies please refer to our Cookie Policy.
5. The Basis/ Grounds which we rely on for collection and processing of your Personal Information:
Your Personal Information is collected and processed by TECHNOCULAR based on the following legal grounds depending upon the nature of Personal Information and the purposes for which it is processed.
- Consent:
TECHNOCULAR relies on your consent in order to process your Personal Information in certain situations. If TECHNOCULAR requires your consent to collect and process certain Personal Information, as per the requirements under the applicable data protection laws, your consent is sought at the time of collection of your Personal Information and such processing will only be performed where consent is secured. - Compliance with a legal obligation:
Your Personal Information may be processed by TECHNOCULAR, to the extent that such processing is necessary to allow TECHNOCULAR to comply with a legal obligation. An example of this would be if TECHNOCULAR is required to disclose your Personal Information to respond to a court order or if TECHNOCULAR is required to retain specific records for a fixed period to comply with requirements under any applicable law.
6. Information Sharing and Disclosure
We restrict access to your Personal Information to employees who we believe reasonably need to know/or that information to fulfil their jobs to provide, operate, develop, or improve our products or services.
TECHNOCULAR does not disclose, transfer or share your Personal Information with others except with:
- Our affiliates and group companies to the extent required for our internal business and/or administrative purposes and/or general corporate operations and for provision of services;
- Potential recruiters if we determine that your resume matches a particular job description/ vacancy available with such recruiters. By registering on the Platform and consenting to the terms of this Privacy Policy, you agree that TECHNOCULAR may contact you or forward your resume to potential recruiters;
- Third parties including enforcement, regulatory and judicial authorities, if we determine that disclosure of your Personal Information is required to a) respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; or b) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TECHNOCULAR’s Terms of Use or as otherwise required by law;
- In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of TECHNOCULAR’s business assets we may disclose Personal Information to those involved in the negotiation or transfer.
- Third party service providers and marketing partners that TECHNOCULAR engages to a) provide services over the Platform on TECHNOCULAR’s behalf; b) maintain the Platform and mailing lists; or c) communicate with you on TECHNOCULAR’s behalf about offers relating to its products and/or services. TECHNOCULAR will take reasonable steps to ensure that these third-party service providers are obligated to protect your Personal Information and are also subject to appropriate confidentiality / non-disclosure obligations.
- Third party advertisers to display advertisements to you when you visit the Platform. The third-party advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies). These companies may use information about you and your visits to this Platform and other web sites to provide advertisements on this Platform.
The Company does not provide any Personal Information to the advertiser when you interact with or view a targeted advertisement. However, if you interact with or view an advertisement, the advertiser may make certain assumptions and, in the process, learn certain Personal Information about you. For instance, if you view and click an advertisement that is targeted towards women in the age group 18- 24 from a specific geographic area, the advertiser may assume that you meet the relevant criteria.
TECHNOCULAR does not intend to transfer Personal Information without your consent to third parties who are not bound to act on TECHNOCULAR’s behalf unless such transfer is legally required.
If your Personal Information is transferred outside India, we take the necessary steps to protect your Personal Information in accordance with applicable data protection laws.
7. Third Party Content:
Please be aware that the Platform sometimes contains links to other sites that are not governed by this Privacy Policy. Users may be directed to third-party sites for more information, such as advertisers, blogs, content sponsorships, vendor services, social networks, etc.
TECHNOCULAR makes no representations or warranties regarding how your information is stored or used on third-party servers. We recommend that you review the applicable privacy statements and policies of each third-party site linked from the Platform to determine their use of your personal information.
8. Children
To use the Platform, you agree that you must be the minimum age (described in this paragraph below) or older.
The minimum age for these purposes shall be eighteen (18), however if local laws require that you must be older for TECHNOCULAR to be able to lawfully provide the services over the Platform to you then that older age shall apply as the applicable minimum age.
If you are under the age of 18 or the age of majority in your jurisdiction, you must use the Platform under the supervision of your parent, legal guardian or responsible adult.
Retention of Personal Information
Your Personal Information will not be retained by TECHNOCULAR any longer than it is necessary for the purposes for which the Personal Information is processed and/or in accordance with legal, regulatory, contractual or statutory obligations as applicable.
At the expiry of such periods, your Personal Information will be deleted or archived in compliance with applicable laws
10. Controlling your personal information
You have the right to invoke your rights which are available to data principals or data subjects (as per applicable laws and regulations) in relation to your Personal Information which is being processed by TECHNOCULAR.
TECHNOCULAR provides you the ability to keep your Personal Information accurate and up-to-date. If at any time you would like to a) rectify, update or correct your Personal Information; b) obtain confirmation on whether or not your Personal Information is processed by it; c) access your Personal Information or exercise your right to data portability; or d) exercise your right to restrict the continuing disclosure of your Personal Information to any third party by TECHNOCULAR in certain circumstances, you are requested to contact us using the contact details mentions below. We will require you to provide a valid proof of your identity, in order to ensure that your rights are respected.
For the exercise of certain rights, you may be required to approach the relevant authority / designated officer as per the provisions of the applicable data protection laws/
TECHNOCULAR may in accordance with the provisions of applicable data protection laws, charge a fee for fulfilling your request, in particular in case of excessive or manifestly unfounded request. Further you acknowledge that the abovementioned rights are not absolute and are subject to limitations as per the applicable data protection laws.
11. Confidentiality and Security
- The security and confidentiality of your Personal Information is important to us and TECHNOCULAR has invested significant resources to protect the safekeeping and confidentiality of your personal data. When using external service providers acting as processors, we require that they adhere to the same standards as TECHNOCULAR does. Regardless of where your Personal Information is transferred or stored, we take all steps reasonably necessary to ensure that personal data is kept secure.
- We seek to ensure compliance with the requirements of the Information Technology Act, 2000 and Rules made there under to ensure the protection and preservation of your privacy. We have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect your Personal Information, details of which are available at the following link: trust.naukri.com. By accepting the terms of this Privacy Policy, you agree that the standards and practices being implemented by us, are reasonable and sufficient for the protection of your Personal Information.
12. Social media
TECHNOCULAR operates channels, pages and accounts on some social media sites to inform, assist and engage with customers. TECHNOCULAR monitors and records comments and posts made on these channels about itself in order to improve its products and services.
Please note that you must not communicate the following information to TECHNOCULAR through such social media sites:
- sensitive personal data including (i) special categories of personal data meaning any information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation and (ii) other sensitive personal data such as criminal convictions and offences and national identification number ;
- Excessive, inappropriate, offensive or defamatory content.
TECHNOCULAR is not responsible for any information posted on those sites other than the information posted by its employees on its behalf. TECHNOCULAR is only responsible for its own use of the Personal Information received through such sites.
13. Changes to this Privacy Policy
TECHNOCULAR reserves the right to update, change or modify this Privacy Policy at any time. The Privacy Policy shall come to effect from the date of publication of such update, change or modification.
14. Disclaimer
TECHNOCULAR does not store any account related information or any credit / debit card details. TECHNOCULAR shall not be liable for any loss or damage sustained by Users as a result of any disclosure (inadvertent or otherwise) of any information concerning the User’s account, credit cards or debit cards in the course of any online transactions or payments made for any products and/or services offered through the Platform.
In case any Personal Information is shared by you with TECHNOCULAR, which is not requested by TECHNOCULAR during registration, (whether mandatorily or optionally), TECHNOCULAR will not be liable for any information security breach or disclosure in relation to such information.
If you have any questions regarding this Privacy Policy or the protection of your Personal Information, please contact TECHNOCULAR’s Data Protection Officer/ Grievance Officer at the following:
15. Data Protection Officer/ Grievance Officer
In case you have any complaints and/or grievances in relation to the processing of your Personal Information you can send your complaints via e-mail to our grievance officer:
Cookie Policy
Introduction
This Cookie Policy (“Policy”) explains that we believe in being open and clear about how we use your information. In the spirit of transparency, this Policy provides detailed information about how and when we use cookies on our Websites. This cookie policy applies to any Technoculars.com product or service that links to this policy or incorporates it by reference.
a. Does Technoculars.com uses cookies?
Technoculars.com uses cookies, tags and other technologies when you use any of the Technoculars.com websites, mobile sites or mobile apps (collectively “the services”). Cookies are used to ensure everyone has their best possible experience. Cookies also help us keep your account safe. By continuing to visit or use our services, you are agreeing to the use of cookies and similar technologies for the purposes we describe in this policy. If you prefer not to receive cookies or web beacons, then you should stop using our site, or consult your browsing and third party cookie settings as described below.
b. What is a cookie?
Cookies are small pieces of text stored by a website you visit in your browser and subsequently sent by your web browser in every request to the website. A cookie file is stored in your web browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more useful to you. Essentially, cookies are a user’s identification card for the Technoculars.com servers. Cookies allow Technoculars.com to serve you better and more efficiently, and to personalize your experience on our site. Web beacons, tags and scripts may be used in the Websites or in emails to help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. We may analyse or perform analysis based on the use of these technologies and generate reports on an individual and aggregated basis.
Cookies can be “persistent” or “session” cookies. A persistent cookie helps us recognize you as an existing user, so it’s easier to return to Technoculars.com or interact with our services without signing in again. After you sign in, a persistent cookie stays in your browser and will be read by Technoculars.com when you return to one of our sites or a partner site that uses our services. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
c. What are cookies used for?
When you visit our Websites, we may place a number of cookies in your browser. These are known as First Party Cookies and are required to enable to hold session information as you navigate from page to page within the website. For example, we use cookies on our Websites to understand visitor and user preferences, improve their experience, and track and analyse usage, navigational and other statistical information. Additionally, cookies allow us to bring you advertising both on and off the Technoculars.com site, and bring customized features to you. You can control the use of cookies at the individual browser level. If you elect not to activate the cookie or to later disable cookies, you may still visit our Websites, but your ability to use some features or areas of the Websites may be limited.
We may use any of the following categories of cookies on the Websites as detailed below.
Each cookie falls within one of the four following categories:
1. Category | Description |
Essential Cookies | Essential cookies (First Party Cookies) are sometimes called “strictly necessary” as without them we cannot provide many services that you need on the Website. For example, essential cookies help remember your preferences as you move around the Website. Essential cookies also keep you logged in into a website. Without them the login functionality would not work. |
2. Analytics Cookies | These cookies track information about visits to the Technoculars.com and partner (recruiter websites) websites so that we can make improvements and report our performance. For example: analyse visitor and user behaviour so as to provide more relevant content or suggest certain activities. They collect information about how visitors use the Websites, which site the user came from, the number of each user’s visits and how long a user stays on the Websites. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. |
3. Functionality or Preference Cookies | During your visit to the Websites, cookies are used to remember information you have entered or choices you make (such as your username, language or your region) on the Websites. They also store your preferences when personalizing the Websites to optimize your use of Technoculars.com . These preferences are remembered, through the use of the persistent cookies, and the next time you visit the Websites you will not have to set them again. |
4. Targeting or Advertising Cookies | These Cookies are placed by third party advertising platforms or networks or Technoculars.com in order to, deliver ads and track ad performance, enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioural” “tracking” or “targeted” advertising) on the Websites. They may subsequently use information about your visit to target you with advertising that you may be interested in, on Technoculars.com websites or other websites. For example, these cookies remember which browsers have visited the websites. |
d. When does Technoculars.com place cookies?
We use cookies on our websites, mobile sites and mobile applications. Any browser visiting these sites will receive cookies from us which helps us identify you more quickly when you return. Cookies help us to determine which pages or information you find most useful or interesting on our own websites.
Technoculars.com may also have some cookies for its own analytics i.e. analytics not part of Google Analytics. Such cookies help generate statistics and reports about visitors and their activities on the website or app.
e. How cookies are used for online analytics purposes?
We may use web analytics services on Technoculars.com , such as those of Google Analytics. These services help us analyse how users use the services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by such service providers, who use the information to evaluate your use of the services. We also use Google Analytics for certain purposes related to online marketing, as described in the following sections.
f. How are cookies used for advertising purposes?
Cookies and other ad technology such as beacons, pixels, and tags help us serve relevant ads to you more effectively. They also help us provide aggregated auditing, research, and reporting for advertisers, understand and improve our service, and know when content has been shown to you. We work with website analytics and advertising partners, including Google Display Network, Facebook, etc. to deliver Technoculars.com advertisements on third party publisher websites – these partners may set cookies on your computer’s web browser. These cookies allow our partners to recognize your computer so that the ad server can show you Technoculars.com advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using Technoculars.com services. In this way, ad servers may compile anonymous, de-identified information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements, and actions performed on subsequent visits to Technoculars.com websites and applications. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows Technoculars.com to optimize the performance of our advertising campaigns and the usability of our website. In other words, we use analytics data in concert with data about our online ads that have been shown using the Google Display Network, Facebook for Advertisers, or other online advertising networks. By doing so, we can understand how anonymous users interacted with our website after seeing our ads.
g. What third-party cookies does Technoculars.com use?
Please note that the third parties (advertising networks and providers of external services like web traffic analysis services) may also use cookies on our Services. Cookies on our sites. Also, note that the names of cookies, pixels and other technologies may change over time.
We use trusted partners to help us service advertising, who may place cookies on your device. We also pull through content from social networks into our own pages, such as embedded Facebook feeds. The social networks, such as Facebook, Google, etc. may themselves also put cookies on your machine. If a user logs into Facebook, Twitter or Google+ via our website, they will leave a cookie on the users’ computer. This is the same process as if the user logs into these social networks directly.
We also use Google Analytics on our Services to help us analyse how our Services are used. Google Analytics uses performance cookies to track customer’s interactions. For example, by using cookies, Google can tell us which pages our users view, which are most popular, what time of day our websites are visited, whether visitors have been to our websites before, what website referred the visitor to our websites, and other similar information. All of this information is anonymized
We suggest that you should check the respective privacy policies for these external services to help you understand what data these organisations hold about you and how they process it.
Facebook: https://www.facebook.com/policy.php
AdSense: https://policies.google.com/technologies/ads
Google Analytics: http://www.google.com/analytics/learn/privacy.html
Google Tag Manager: https://www.google.com/analytics/tag-manager/faq/
Google+: https://www.google.com/policies/privacy/
Twitter: https://twitter.com/en/privacy
Google Double click: https://support.google.com/dfp_premium/answer/2839090?hl=en
h. What are Web Beacons?
Technoculars.com occasionally advertises on third party websites. As part of our effort to track the success of our advertising campaigns, we may at times use a visitor identification technology such as “web beacons,” or “action tags,” which count visitors who have come to our site after being exposed to a Technoculars.com banner ad on a third party site. Our partners may also use web beacons to collect data in the aggregate as provided by your browser while you are on our site or another site where Technoculars.com is third party.
By navigating on our site, you agree that we can place cookie and web beacons on your computer or device. If you prefer not to receive web beacons, then you should stop using our site, or consult your browsing settings.
i. How to control cookies?
Most browsers allow you to control cookies through their settings preferences. However, if you choose to turn off these cookies, you will still see advertising on the internet but it may not be tailored to your interests. It does not mean that you won’t be served any advertisements whilst you are online. Whilst we have mentioned most of the third parties involved in using targeting or advertising cookies in the preceding section (section g ‘hyperlink’), the list is not exhaustive and is subject to change. Therefore, even if you choose to turn off all the third party cookies listed in section (section g-‘hyperlink’), you may still receive some tailored advertisements and recommendations.
There are a number of ways you can manage what cookies are set on your devices. Essential cookies, however, cannot be disabled. If you do not allow certain cookies to be installed, the website may not be accessible to you and/or the performance, features, or services of the website may be compromised.
You can also manage this type of cookie in the privacy settings on the web browser you are using. Please note that if you use your browser settings to block all cookies you may not be able to access parts of our or others’ websites. Please see below for more information.
Changing your Cookie Settings: The browser settings for changing your cookies settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari
More information: To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. You can learn more about opting out of receiving interest-based ads from other companies at optout.aboutads.info and www.networkadvertising.org/choices. In addition, certain third party advertising networks, like Facebook (pixels) and Google, permit users to opt out of or customize preferences associated with your internet browsing. To learn more about this feature from Google, click here. For further information about the Facebook Pixel, click