PRIVACY POLICY

Last Updated: November 24, 2023

About the Company

Devashish Polymers Private Limited (the “Company”, “we” or “Us”) is engaged in the business of manufacturing rubber compounds which are used in producing rubber products, rings, gaskets, oil seals, sealings, hoses, tubes, strips, cords, chlorinated polyethylene and hydrogenated nitrile rubber products (“Products and Services”) in various sectors globally to our customers, including individuals, juristic entities, corporations and individuals engaging on behalf of such entities (collectively referred to as “Users” or “you”) through the web platform (collectively “Portal”) which will enable Users to contact the Company regarding the Products manufactured and marketed by the Company.

For the purposes of this Privacy Policy (“Policy”), unless defined hereunder, all capitalized terms shall have the meaning ascribed to them under the Terms of Use available at [●] (“Terms”).

This Policy reflects our approach to collect, record, organize, structure, use, hold, store, adapt, alter, retrieve, process, align, combine, structure, index, organize, use, transfer, restrict, erase, destroy, disclose, transmit, share, disseminate or otherwise make available (collectively “process”) your personal information in accordance with the Information Technology Act, 2000 (the “Act”), the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”) and other accompanying rules and regulations, including any laws that may replace the above from time to time (collectively “Indian Data Law”).

Please read this Policy carefully before using the Portal. You may withdraw your consent by writing to us, on the contact details provided below, at any point in time. If you do not agree with the terms of this Policy, do not use the Portal. This Policy is designed to give you an understanding about:

1. General Information;
2. Nature and categories of Personal Data collected
3. Purposes of collection and Legal basis
4. Sharing, disclosure and retention of personal data
5. Storage and Cross-border Transfer
6. Your rights regarding Personal Data
7. Security measures to safeguard Personal Data; and
8. Modifications and Grievance Redressal

General Information

By accessing or using this Portal, you confirm that you are not a minor i.e., are of 18 (eighteen) years of age or above at the time of availing the Services and are competent to contract. If you are a minor, then you are not eligible to use the Services.

You hereby consent to our collection, use, sharing, and disclosure of your Information as described in this Policy. We reserve the right to change, modify, add or delete portions of the terms of this Policy and/or our data handling or consent practices or procedures, at our sole discretion, at any time, and any continued use of the Portal by you, following any such amendments to the Policy, will be deemed as an implicit (or express, if consent has been obtained from you, as the case may be) acceptance of the Policy in its amended form. If you are accessing or using the Portal from an overseas location, you do so at your own risk, and shall be solely liable for compliance with any applicable local laws.

Nature and Categories of Personal Data collected

We may collect and process one or more of the following information pertaining to you, based on the actions performed on the website. For instance, if you use the Portal, and fill a contact form to connect with us or provide registration details, we will collect additional information about you. However, we would like you to note that certain information of the information we collect would be required for providing you with Products and Services, if you choose to withdraw your consent for our processing of such information, we will not be able to provide you with Products and Services. We are also required to collect certain personal information as required under applicable laws. In case you would not like to provide your personal information, then you may not be able to avail such Products and Services.

We wish to assure you that your Information is safe with us. We will only process your Information lawfully and for the Purposes, details of which we have provided in the below section.

The following are the types of personal data pertaining to you that we may collect:

• Full name
• Email Address
• Gender
• Date of Birth
• Country of residence
• Company name
• Industry
• Address and phone numbers
• Details of orders placed if any
• Any other information provided to us through the contact form and
• Such other Personal Data as may be required from time to time

(collectively “Personal Data”)

The existing Indian Data Law defines Sensitive Personal Data or Information (“SPDI”) as including any personal data that reveals passwords, financial information such as bank account details, payment instrument details, physical, physiological or mental health condition, sexual orientation, medical records or medical history or biometric information.

We do not intentionally collect any SPDI from you, through the Portal. We also request you to refrain from submitting any information which may qualify as SPDI through the contact form or any other transmission system to us, except as may be required for the purpose of processing your orders and to enable us to deliver you Products and Services.

We wish to share that it is possible that the Government of India may categorize some of the other types of personal information as sensitive personal data. In such cases, we will inform you of the same and obtain your consent as, and if required.

Sources of Collection

We collect and process your Personal Data through the following sources:

1. Personal Data you give to us: This is information about you that you give to us by entering information via our website or Portal, or by corresponding with us by phone, email or otherwise and is provided entirely voluntarily. This may include information such as your name, contact details (such as phone number, email address and address), etc., for example provided at the time or for the purpose of or at the time of registration of an account with us for availing certain features or guides, such as the Chemical Resistance Guide, emailing us in relation to Products and Services, ordering our Products and Services or when contacting us in relation to available opportunities for employment.
2. Personal Data we collect from your usage of our Services: Some additional information may be collected via your usage of our Services. When you visit our Portal, usage data is collected automatically through the Portal. Such usage data can include the type of device, the IP address, and the current location. We also collect information about your click and search behaviour. We use this data to adjust the Portal or enhance the features of our Services, for example, to make the layout more convenient to you, and to change the order of results, to design certain pages differently. We may also collect information through cookies for the purposes of advertising and/or website analytics. We collect usage data by using various types of cookies (small pieces of data stored in your device) and other tracking tools.

We may also collect certain Personal Data and non-personal information through cookies while you access the Portal. Cookies are text files to identify your internet browser, store your preferences, and to improve your experience on the Portal. We use cookies in order to improve our services provided to you. Please note that, some cookies we use are essential for some services to work, others are used to collect information on the use of the Portal so that the Portal can be more convenient and useful for you, apart from using such data for analytics, advertising or purposes enlisted below.

You are free to opt-in or op-out to the use of cookies when you first visit the Portal. You can choose, at the time of opting in, for what purposes are the Cookies used. Consent, once provided, can be withdrawn at any time by altering your cookie preferences in the browser. The retention period of cookies is limited and differs per cookie. Disabling cookie collection through your browser or device or changing your consent but this may result in some features of the Services not functioning properly and we will not be able to send customized and relevant communication or promotional messages to you. Alternatively, you also have a choice to disable and delete certain types of cookies by using appropriate options in your browser settings.

Purpose of Processing

We may collect and process your Information for the purposes set out below and disclose your Information to our service providers and the Institutions. These purposes include:

1. To facilitate placing, requisition, processing, delivery of Products and Services
2. To engage with third-party service providers in relation to processing of orders of our Products and Services made by you
3. To contact you with regard to your request for Products and Services
4. To enable your access to the Portal to search and request for available Products and Services
5. To enable you to initiate requests for Products and Services and to utilize them
6. To operate and improve the Portal in order to foster a positive user experience and to improve our business as a whole, and for related research
7. For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes
8. To comply with applicable laws
9. To conduct audits and quality assessment procedures for the Portal and Products and Services
10. To analyze the use of our resources, troubleshooting problems and improving our products and services
11. To analyze data, website analytics, tracking trends, building algorithms, creating databases for rating systems, recommendation engines, feedback mechanisms, etc.
12. To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms, or as otherwise required by law
13. To respond to any queries that you may have, and to communicate information to you, including notifications of any promotions or alerts, any changes/updates to the Portal or
14. To contact you, by way of SMS, email and phone calls, from time to time to record your valuable feedback on our Portal, and/or any potential changes or improvements that may be offered in the future to the Portal or to our Products and Services.

(collectively “Purposes”)

Where required by applicable law or reasonably practical, we will obtain your express consent prior to collecting or using your Sensitive Personal Data, if collected, where required. The request for your consent will be clear and specific and you may provide your express consent for processing in a clear and transparent manner. In cases where you have provided the same, your consent is voluntary and may always be revoked, for example, by contacting our representative in the manner indicated in later sections. As mentioned before, where your consent is required, and you do not give your consent, it may not be possible for us to provide you with such specific Services or features on the Portal.

Legal Basis for Processing

Your Personal Data may be processed by us under different circumstances and under different lawful basis. The same is provided below for your information:

(a) Consent: We may use and process your Personal Data where you have consented to such processing by means of the Terms of Use and/or this Privacy Policy. We will obtain express consent, if and when we process your Sensitive Personal Data. Once you give your consent, we may also process your Personal Data for purposes incidental to or connected with the specific purposes for which you have consented.

You may withdraw your consent at any time. You can let us know by contacting us at the contact details mentioned below. We may require your Personal Data for contacting you. If you choose to withdraw your consent, we may not be able to contact you or proceed with your involvement in the ideas or suggestions proposed by you.

(b) Vital Interest in emergent situations: We may use your Personal Data to reach to you if there are any urgent notices or other communications such as product recall notices, safety notices or in other situations warranting your attention, required to be made to you.

(c) Compliance with applicable laws: We may process your Personal Data wherever applicable law mandates us to process certain data for compliance or other legal purposes, or where your Personal Data or associated information is solicited by the Government or authorized agencies under applicable law.

Opt-Out: If you wish to opt out of receiving non-essential communications such as promotional and marketing-related information regarding our Services, please email us at the details provided below in the contact section.

Third-Party Follow Links: Through the use of the Portal, you may access certain third-party links to other services, which may, for example, require transmission of Personal Data or Sensitive Personal Data to third parties. We are not responsible for the collection or use of Personal Data in such applications or services provided by a third-party and recommend that you carefully review applicable terms for (and any integrity policy related to) such applications or services before you use them. If you have questions concerning a certain third party's use of your Personal Data, please contact the third party directly.

Sharing Disclosure of Personal Data with third-parties

We may disclose your Personal Data, as the case may be, to third parties in the manner and for the purposes specified below:

1. To our affiliates or group companies for the purposes described in this Policy
2. To third-party service providers such as hosting service providers, shipping agencies, agencies coordinating import, export and other activities, legal advisors and other service providers to enable them to provide services required for processing and delivery of Products and Services to you
3. To our third-party service providers who provide services such as website hosting, email delivery, auditing, fraud detection and other services
4. To third parties, to permit them to send you marketing communications, for the purpose of data or website analysis of the Portal, market research, sticky quotient, website analytics, advertising and development purposes consistent with your choices if you have opted into such sharing and
5. Such data available in reports and other materials provided by you and/or your company may be shared pursuant to an engagement with another business partner and/or a supplier.

We may also use and disclose your Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include authorities outside your country of residence, to cooperate with law enforcement or for other legal reasons; (b) to enforce our Terms; (c) to enforce or protect our contractual or other legal rights or to defend or bring legal proceedings, threats or notices of legal proceedings thereof; and (d) to protect our rights, privacy, safety or property, and/or that of our affiliates, other Users, Institutions, Authorized Users, Practitioners, you or others.

In addition, we may use, disclose or transfer your Information, without consent, to a third party in the event of any reorganization, restructuring, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Retention of Personal Data

We will only retain your Personal Data for as long as it is necessary to fulfil the purposes outlined in this Policy or the purposes of which you have otherwise been informed. While the exact period may vary in each individual case, this means that when you have consented to our processing of your Personal Data, we will retain the data for as long as we process and deliver our Products and Services or until you withdraw your consent or is otherwise legally required. If you have revoked your consent, we may nevertheless retain certain Personal Data for the period required in order for us to meet our legal obligations and defend ourselves in legal disputes.

We do not collect Sensitive Personal Data from you in the normal course, from the Portal. However, in case we collect your Sensitive Personal Data, we will redact or delete your Sensitive Personal Data upon completion of the Service and upon facilitating delivery of Products and Services, unless legally required, however, may retain your personal data, which does not include Sensitive Personal Data, in accordance with this Privacy Policy. We may redact or delete your Sensitive Personal Data, if provided by you inadvertently or otherwise, if the same is not required for provision of our Services. If you withdraw your consent, unless required to be retained by applicable law, we may redact or delete your Sensitive Personal Data unless required to be retained by law, however, we may not be able to provide you with our Products and Services. If we have not received your consent for Processing, the Personal Data will only be retained to the extent we are permitted to do so by law.

Storage and Cross-Border Transfer

Our Data Centers are located in many countries across the world, including in the United States, Canada, the Netherlands, Germany, the United Kingdom, Australia, Singapore and India. We may store your personal data in any of the above data centers, to the extent that the same is not restricted by applicable laws. In the event that we transfer or share your Personal Data or Sensitive Personal Data with third parties situated in countries outside India that may have differing data protection laws, we will make best efforts to ensure that the transfer your Personal Data is made to a country or with such appropriate safeguards necessary to secure the same level of data protection afforded under Indian law.

In the event that we process Sensitive Personal Data, you acknowledge and provide your express consent for transfer and processing of your Sensitive Personal Data with third parties located outside India in jurisdictions or entities which ensure a same or similar level of data protection adhered to by us under Indian law.

Rights regarding Personal Data

If you live anywhere in India, the law has various rights bestowed on you in relation to your Personal Data. We will have to confirm your identity, wherever applicable, to ensure that your rights are being exercised appropriately. To exercise these rights, you will have to write to us on the contact details given below.

Except in exceptional circumstances, we will respond to your request within 30 (thirty) days from the date we receive your email. We may charge a minor sum to comply with your exercise of these rights to aid the cost we incur for this compliance. You will be informed of these charges once you write to us. Please be informed that you have the following rights under applicable laws in your country. In rare cases, we may not be able to comply with your directions of exercise of your rights due to some practical or legal reasons. We will inform you appropriately if such a situation occurs.

1. Accessing Your Personal Data: You have the right to access a copy of your Personal Data that we hold in a standard form that will be easy and understandable. In rare occasions we may not be able to provide you with a copy of your information in which case we will convey you this message with appropriate reasons.
2. ii. Verify and rectify: Accuracy is an important principle of data protection and you have the right to verify your Information with us and ask us to rectify it if it is inaccurate or outdated. You can correct, complete and update your Information you provide to us.

3. Withdrawing Your consent or opt-out: You can always withdraw your consent you have given us. We will be bound to stop collecting or processing your data we collect from you solely on basis of your consent. For instance, there are certain data points for which we take your explicit consent like GPS tracking. You can withdraw from GPS tracking anytime by using the App. We are legally permitted to continue collecting or processing your Personal Data if we can rely on grounds other than consent to process your Information.

   Also, you may opt-out from providing your Sensitive Personal Data to us, however, we may not be able to provide you with certain Products and Services, in some cases, if you do not provide us with such Information.

4. Erasing your Personal Data: You have the right to get your Information erased from our systems. Unless there is a reason that the law allows us to use your Personal Data for longer, we will make reasonable efforts to comply with your request.

Security Measures to safeguard Personal Data

We strive to work towards the security, integrity and privacy of your Information and to protect your Information against unauthorized disclosure, access or destruction to the extent reasonably possible by us. We are in compliance with the reasonable security standards as prescribed by the applicable laws in India. Notwithstanding anything contained in this Policy or elsewhere, We shall not be held responsible for any loss, damage, or misuse of your Information, if such loss, damage, or misuse takes place as a result of a Force Majeure Event (as defined below).

A "Force Majeure Event" shall mean any event that is beyond our reasonable control and shall include, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, insurrection, war, epidemic, pandemic, acts of government, computer hacking, software failure and storage device, computer crashes etc.

We will promptly and in compliance with applicable law report appropriate authorities about breach of any Personal Data processed by us, in accordance with applicable law, including to the Indian Computer Emergency Response Team (CERT-IN). We will take necessary directions and remedial measures directed by such authority to prevent further loss of information or mitigate harm, as may be specified. We may also contact you to report such breaches to you based on directions issued by authorities under applicable law.

General

1. Modifications: We reserve the right to change this Policy at any time, so please visit the Portal regularly to review our privacy statement. Any continued use of the Portal by you, following any such amendments to the Policy, may be deemed as an implicit acceptance of the Policy in its amended form.
2. Conflict: In the event of any contradiction or inconsistency between this Privacy Policy and the Terms of Use, the Terms shall prevail.
3. Assignment: You cannot assign or otherwise transfer your obligations under this Privacy Policy, or any right granted hereunder to any third-party. The Company's rights under this Privacy Policy are freely transferable by the Company to any third-party without the requirement of seeking your consent.
4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of this Privacy Policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of this Privacy Policy shall continue in full force and effect.
5. Waiver: Any failure by the Company to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

Contact & Customer Care:

If you have any questions about this Policy, the practices of the Company or dealings with the Portal, you can contact us using information below to our Grievance Officer. We will undertake reasonable efforts to address your grievances/concerns and communicate to you with necessary steps at the earliest possible opportunity and at the latest within 1 (one) month from the date of receipt of your communication. You also note that you have a right to approach any authority empowered by law to make complaints of contraventions under applicable law.