Privacy And Policy

Importance of Privacy Policy

The Comsense GDPR Privacy Policy sets the rules about how personal data of / provided by the customer being processed. A Privacy Policy is an opportunity for us to show our customers that we can be trusted with your personal data / data you share with us. The policy also helps us to really get to grips with how much personal data your company controls, and whether your data protection practices are legally compliant.

Important Sections of a GDPR Privacy Policy

GDPR lays down specific requirements about the information and organisation must provide in its Privacy Policy. These are mostly set out at Articles 13 and 14. An important thing to bear in mind is a public-facing document, and is not written just for your customers. It is aimed at anyone whose personal data you might process - including potential customers and visitors to Kleanmail.

Information Collection Practices

Kleanmail do not collect PI of any one on our own – however we receive it from our customer and process the same, on their behalf as per the requirements specified by them to fulfil the business contracts with them as this is our business and is our legitimate interest as we earn by providing that service/s manually or by automation by creating applications / products or using one available in market. The PI you submit on our website so as to facilitate us contact you and provide the requested information about us – is treated safely and will be used for clarifying your doubts & / or contacting you to promote our business.

When customer create an account on the Site, Kleanmail may ask for personal information such as name, email address, phone number, Company name, Communication information, Billing information, credit card information, Customers data (Email Validation data) and other information (“Personal Information”). Personal Information such as Your name and email address are used to create a user account for the Site and application, as well as for email newsletters and invoicing. Your credit card information is used by third parties such as Paypal or Razorpay to process Your payment(s) for the Services. We do not collect or store any data related to card or banking.

By providing your personal contact details on our website you are willingly and exclusively giving us right to contact you to resolve your query as well as promote our Business using the contact details provided by you. It is in our legitimate interest to contact you to promote our products and services to you as you have clearly shown interest in us by willingly sharing your contact details. However, if you want to prohibit us to contact you any time in future, kindly write us on the contact details provided at the end of this policy.

Kleanmail may use your Personal Information to respond to Your inquiries and fulfil Your requests for Services; share with our associated partners under NDA to serve you as part of Kleanmail services/support; Send information to You, including information regarding our Services; Complete and fulfil Your purchase (e.g. to process Your payments, or communicate with You regarding Your purchase; Send You marketing communications that we believe may be of interest to You; Personalize Your experience on the Site or Services; Conduct data analysis, audits, fraud monitoring and prevention; enhance, improve, or modify our products or services; and as necessary or to comply with legal process; to respond to requests from public and government authorities; to enforce our terms and conditions; to protect our operations; to protect our rights, privacy, safety, and/or that of our affiliates, You or others; and to allow us to pursue available remedies or limit the damages that we may sustain. Except as otherwise provided in this Privacy Policy, Kleanmail will keep Your Personal Information private and will not sell or rent Personal Information to anyone.

Cookies

We do not collect any personal data through cookie.

Data Retention

We will retain Your Personal Information for a specified period inline with the GDPR requirements. The data retention timeframe for Kleanmail is set to 45 days starting the day data is uploaded, where client will be informed in advance on regular/periodic timeframe. Kleanmail will send reminder to you well in advance before purging the data and will retain only if it is approved/requested by the customers

Changes

Kleanmail reserves the right to change this Privacy Policy. The date affixed next to the “Last Updated” legend above corresponds with the date the Privacy Policy was last revised. Kleanmail reserves the right, at any time, and without notice to add to, change, update, or modify this Privacy Policy. Any changes to the Privacy Policy will become effective when Kleanmail posts a revised Privacy Policy. Your use of the Site and Services following any changes means that You accept the revised Privacy Policy. In case of changes regarding the data processing purpose inline/accordance with the policy, an advance intimation will be sent to client over an email and will be reconfirmed with client on subsequent login/usage of the site/services.

Your Data Rights

As a data controller, we know you have certain responsibilities under the GDPR and has to comply with them. The GDPR grants individuals certain rights over their personal data and wherever you are the owner of the same. As a data processor, we will support these rights with respect to scope of our work, when requested to do so by you.

Contact us

For any queries owned by Kleanmail i.e. the right to be informed, access, rectification, erasure (known as "the right to be forgotten"), restrict processing, data portability, object, automated decision-making, contact us at:

Data Protection Lead - Name: Sumedh Pawaskar
E-mail ID: gdpr@comsenseconsulting.com

Key Notes

• Please write us on the email address as it will be formal record with us as well as you.
• We may ask you to provide / prove your legal identification so as to confirm that we are executing the right of the correct person.
• We are closed on Saturday and Sunday as well as on national holidays.

Governing Jurisdiction

This Agreement may be governed and construed in accordance with the laws of India & EU GDPR and shall be subject to the jurisdiction of courts in Pune, India

Glossary of Definitions

• personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
• processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
• profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
• filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
• controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
• processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
• third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
• consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
• personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
• cross-border processing’ means either: (a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or (b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
• international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.

Guiding Principles for Processing Personal Data

Article 5 of the GDPR contains six principles by which all personal data must be processed, they are as follows:

• 1. Lawfulness, fairness, and transparency: Obey the law, only process personal data in a way that people would reasonably expect, and always be open about your data protection practices.
• 2. Purpose limitation: You must normally only process personal data for the specific reason you collected it and nothing else.
• 3. Data minimization: don't process any more data than you need.
• 4. Accuracy: Make sure that any personal data you hold is adequate and accurate.
• 5. Storage limitation: Don't store personal data for longer than you need to.
• 6. Integrity and confidentiality: Always process personal data securely.

Guiding Principles of Your Data Rights

The GDPR grants individuals eight rights over their personal data and wherever we at Comsense are first to collect your “Personal Information” and hence the owner of the same, we will facilitate these rights when requested to do so by you.

These rights are:

• The right to be informed
• The right of access
• The right to rectification
• The right to erasure (known as "the right to be forgotten")
• The right to restrict processing
• The right to data portability
• The right to object
• Rights in relation to automated decision-making

Terms & Conditions

It is important and recommended to accept the terms and conditions by accepting it while logging in.

Kleanmail is flagship SAAS product of Comsense Technologies Pvt. Ltd. Kleanmail is fully compliant as a data processor under requirement of GDPR.

This document, “Terms & Conditions”, provides information and practices followed by Kleanmail and recommended to be followed by the customers, including its policies on the collection, use, and disclosure of information in connection with any related email validation services and demonstrates its compliance to EU’s General Data Protection Regulation (GDPR). Being GDPR compliant, we ensure customer trust and take their data privacy seriously.

The "effective date" of the Privacy policy is – 1st August 2022, (Version No: 01)

Importance of Privacy Policy

The Comsense GDPR Privacy Policy sets the rules about how personal data of / provided by the customer being processed. A Privacy Policy is an opportunity for us to show our customers that we can be trusted with your personal data / data you share with us. The policy also helps us to really get to grips with how much personal data your company controls, and whether your data protection practices are legally compliant.

Terms and Conditions as follows aligned with the GDPR compliance are:

A) Glossary of Terms

• “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control of a Party
• “Agreement” means these Terms and Conditions of Use
• “Content” means the information, documents, spreadsheets, and products made available to Customer through the Kleanmail Hosted Service
• “Customer Data” means any data, information, or material provided by Customer to the Kleanmail Hosted Service
• “Kleanmail Hosted Service” means Provider’s online services accessed via the Site, including the Kleanmail API software, and the Content which Customer is being granted access to under this Agreement. The Kleanmail Hosted Service includes Provider’s email validation services
• “Intellectual Property Rights” means patent rights, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights, derivatives thereof as well as other forms of protection of a similar nature.
• “Provider Technology” means all Provider proprietary technology made available to Customer in providing the Kleanmail Hosted Service.

B) License and Restrictions

• Subject to Customer’s material compliance with this Agreement and payment of all fees and charges related to its use of the Kleanmail Hosted Service, Provider hereby grants Customer a revocable, non-exclusive, and non-transferable, subscribed right to use the Kleanmail Hosted Service, solely for its own internal business purposes and use only.
• Email validation services. The license granted hereunder permits Customer to upload Customer Data to the Kleanmail Hosted Service and download files provided to Customer via the Kleanmail Hosted Service containing Customer Data.
• The license granted hereunder also permits Customer to utilize Kleanmail services. Customer’s ability to use these services will be limited based on Customer’s subscription.

Customer agrees not to:

• license, sublicense, sell, resell, transfer, assign, distribute, provide access to, or otherwise make the Kleanmail Hosted Service available to any third party;
• decompile, disassemble, or reverse engineer the Kleanmail Hosted Service, or permit or assist any third party to do so.

Customer will not:

• knowingly or unknowingly use the Kleanmail Hosted Service or Provider Technology to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;
• knowingly or unknowingly send or store infringing, obscene, libelous or otherwise unlawful or tortious material to the Kleanmail Hosted Service;
• knowingly or unknowingly upload, or otherwise send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, or programs to or from the Kleanmail Hosted Service;
• attempt to gain unauthorized access to the Kleanmail Hosted Service or its systems or networks; or (vi) use the Kleanmail Hosted Service in violation of applicable law.

C) Customer Responsibilities

Customer is responsible for all activity occurring under Customer’s account, including its right to use the Customer Data and submit the same through the Kleanmail Hosted Service, and will abide by all applicable laws and regulations in connection with its use of the Kleanmail Hosted Service. Customer accepts full responsibility for its use of the Kleanmail Hosted Service and any results obtained from such use, including but not limited to any actions taken with its Customer Data after use of the Kleanmail Hosted Service.

D) Customer Data

Kleanmail does not own any Customer Data. Customer Data is Customer’s proprietary and confidential information (“Confidential Information”) and will not be accessed, used or disclosed by Kleanmail except for the limited purposes expressly noted herein. Provider may use Customer Data to provide the Klenmail Hosted Service and to support Customer’s use of the Kleanmail Hosted Service. Customer agrees that Kleanmail may cache and store results generated through the Kleanmail Hosted Service. Customer has sole responsibility for the accuracy, legality, reliability, and intellectual property ownership in the Customer Data. Customer Data uploaded by Customer to Provider via the Kleanmail Hosted Service, the Site, or otherwise submitted to Kleanmail in conjunction with the Kleanmail Hosted Service.

Kleanmail may use your Personal Information to respond to Your inquiries and fulfil Your requests for Services; share with our associated partners under NDA to serve you as part of Kleanmail services/support; Send information to You, including information regarding our Services; Complete and fulfil Your purchase (e.g. to process Your payments, or communicate with You regarding Your purchase; Send You marketing communications that we believe may be of interest to You; Personalize Your experience on the Site or Services; Conduct data analysis, audits, fraud monitoring and prevention; enhance, improve, or modify our products or services; and as necessary or to comply with legal process; to respond to requests from public and government authorities; to enforce our terms and conditions; to protect our operations; to protect our rights, privacy, safety, and/or that of our affiliates, You or others; and to allow us to pursue available remedies or limit the damages that we may sustain. Except as otherwise provided in this Privacy Policy, Kleanmail will keep Your Personal Information private and will not sell or rent Personal Information to anyone.

Kleanmail will retain Your Personal Information for a specified period inline with the GDPR requirements. The data retention timeframe for Kleanmail is set to 45 days starting the day data is uploaded, where client will be informed in advance on regular/periodic timeframe. Kleanmail will send reminder to you well in advance before purging the data and will retain only if it is approved/requested by the customers as per Privacy Policy.

Customer consents to being identified by Provider as a customer on the Site and on any of Provider’s promotional material. Customer further consents to Provider’s use of its logo for such limited purposes.

E) Intellectual Property Ownership

Kleanmail owns all right, title and interest, including all related Intellectual Property Rights, in and to the Provider Technology, Content, and the Kleanmail Hosted Service including, without limitation, any derivatives, improvements, enhancements or extensions conceived, reduced to practice or otherwise developed by Kleanmail also expressly reserves any and all rights not expressly and explicitly granted, including, but not limited to, its right to license the Kleanmail Technology, Content, and Kleanmail Hosted Service. This Agreement is not a sale and does not convey any rights of ownership in the Kleanmail Hosted Service. Customer’s rights hereunder are strictly limited as set forth herein. Customer acquires no right, title, or interest therein other than the right to use the Kleanmail Hosted Service in accordance with this Agreement.

F) Confidentiality

Customer acknowledges that the Kleanmail Technology, Content, and the Kleanmail Hosted Service contain valuable confidential information (“Confidential Information”) of Kleanmail, including but not limited to, the architecture and functionality of such Kleanmail Technology, Content, and the Kleanmail Hosted Service; and the appearance, organization, design, content, and flow of the Kleanmail Hosted Service. Customer agrees not to share, disclose or transfer, and not to permit a third party to share, disclose or transfer any of Kleanmail’s Confidential Information. The Parties will use reasonable diligence and in no event less than the degree of care which the Parties will use in respect to their Confidential Information to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. Such Confidential Information will exclude:
(a) information that is already in the public domain;
(b) information already known to the client, as of the date of the disclosure, unless the client agreed to keep such information in confidence at the time of its original receipt;
(c) information hereafter obtained by the client/receiving party, from a source not otherwise under an obligation of confidentiality with the disclosing Party;
(d) information independently developed without any reference to Confidential Information; and
(e) information that the client is obligated to produce under order of a court of competent jurisdiction, provided that the client promptly notifies the disclosing Party of such an event so that the disclosing Party may seek an appropriate protective order.

G) Termination

Kleanmail may immediately terminate this Agreement for any reason or no reason at all. Customer may terminate this Agreement at any time by discontinuing its use of the Kleanmail Hosted Service. Any breach of Customer’s payment obligations or unauthorized use of the Kleanmail Hosted Service will be deemed a material breach of this Agreement. Provider may terminate this Agreement, Customer’s account, or Customer’s use of the Kleanmail Hosted Service if in client’s sole discretion, Customer commits a material breach of this Agreement or otherwise fails to comply with this Agreement. In the event of such termination, Customer will not be entitled to any refund whatsoever and its credits will be forfeited.

H) Limitation of Liability

In no event shall Kleanmail, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Services;
(ii) any conduct or content of any third party on the Services;
(iii) any content obtained from the Services; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose

I) Modifications

Kleanmail reserves the right to alter or revise the terms of this Agreement by taking consent by Customer on login for any of the changes to be made. Customer’s continued use of the Kleanmail Hosted Service after the changes become effective means that it has accepted the revised terms. If Customer does not agree to accept the changes, Customer’s sole remedy shall be to discontinue its use of the Kleanmail Hosted Service.

J) Force Majeure

Notwithstanding anything herein to the contrary, the Parties shall not be liable for any delays or failure in performance caused by circumstances beyond the reasonable control of the performing Party, such as wars or insurrections, acts of government, strikes, fires, floods, earthquakes, work stoppages, epidemic, pandemic, embargoes, and any other event beyond the reasonable control of the Party whose performance is affected.

K) Entire Agreement

This document comprises the entire agreement between Customer and Kleanmail and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the Parties regarding the subject matter contained herein

Disclaimer

Your use of our Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Kleanmail, its subsidiaries, affiliates, and its licensors do not warrant that
(i) the Services will function uninterrupted, secure or available at any particular time or location;
(ii) any errors or defects will be corrected;
(iii) the Services are free of viruses or other harmful components; or
(iv) the results of using the Services will meet your requirements.

Contact

If you have any additional questions on our privacy practices, please feel free to contact us at gdpr@comsenseconsulting.com the contact details of our “Data Protection Leader” specified in the Privacy Policy.