Acssel HMS Privacy-Policy
This Privacy Policy explains our policy regarding the collection, use, disclosure and transfer of your data by Acssel Infotech Pvt. Ltd.. and/or its subsidiary(ies) and/or affiliate(s) (collectively referred to as the "Company"), which operates various websites, offline and other services including but not limited to delivery of Data and content via any mobile or internet connected device or otherwise (collectively the "Services").
By accessing the Company website or this application or otherwise using the services, you consent to collection, storage, and use of the data that you provide (including any changes thereto as provided by you) for any of the services that Acssel IPL offer. The Company respects the privacy of the users of the services and is committed to protect it in all respects, giving it utmost priority. Before sharing any information representing any third party, it is ideal and recommended to obtain the consent of such third party for disclosure and further processing of such information in accordance with this policy.
i. Online and offline data submission, by filling forms online and providing name, email ID, contacting by SMS, Whats app, chat or mail and providing your contact information;
ii. During Events, trade shows or other marketing activities;
iii. Sharing of billing information such as name, email, mobile and other information with Acssel IPL or Acssel IPL partners;
iv. At the time of product usage and activating license, sharing of Admin ID, serial number etc.
Our Sites use cookies and other technologies to function effectively. These technologies record Data about your use of our Sites, including:
i. Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, and language/version of the Websites you are visiting
ii. Usage data, such as time spent on the Websites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Websites
iii. Product Usage Data in anonymized form, which in no ways identifies an individual.
a. Advertising and Marketing:
Acssel IPL uses the personal data to provide you with advertising material about products and services tailored to your individual interests, invite you to participate in events and surveys and to follow up with requested products and services.
b. Customer Support:
Acssel IPL may use the data collected to identify you and provide a personalized support across different touch points, where you choose to contact us. To the extent permissible under applicable law, we use your information to:
i. Provide any information and services that you have requested or any applications or services that you have ordered;
ii. Provide, maintain, protect, and improve any applications, products, services, and information that you have requested from us;
iii. Manage and administer your use of applications, products, and services you have asked us to provide;
iv. Provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
v. Detect, prevent, investigate, or remediate crime, illegal, or prohibited activities or otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
However, Acssel IPL will not at any time, without your express consent, supply your information to any third party for the purpose of their or any other third party’s direct marketing purposes.
Acssel IPL may share your information with:
i. Our service providers and agents (including their sub-contractors) or third parties which process information on our behalf (e.g. internet service and platform providers, payment processing providers and those organizations we engage to help us send communications to you) so that they may help us to provide you with the applications, products, services and information you have requested or which we believe is of interest to you;
ii. Acssel IPL Partners that may help us to provide you with the applications, products, services and information you have requested or which we believe is of interest to you;
iii. Third parties used to facilitate payment transactions;
iv. Regulators to meet our legal and regulatory obligations; and
v. Law enforcement agencies so that they may detect or prevent crime or prosecute offenders.
We may share non-personally identifiable information about the use of our website, products and/or services publicly or with third parties. Under no circumstances, Acssel IPL will share any information with any third party for any purpose other than the stated ones, without your express consent.
a. Acssel IPL will take required technical and organizational precautions to prevent the loss, misuse or manipulation of the information shared.
b. Acssel IPL will store all the information so collected, on our secure password protected servers.
c. You acknowledge the fact that data transmitted through internet is naturally prone to insecurity and Acssel IPL cannot guarantee the security of data shared over the internet.
Privacy and Data Protection regulations such as GDPR and CCPA grant you rights that you can exercise over your personal data that the Organization collects and manages. Every Acssel IPL customer shall have the same rights over their personal data.
a. Right to Confirmation and Access: Right to know how personal data is being used by Acssel IPL.
b. Right to Correction: Right to access, update or correct Data residing with Acssel IPL.
c. Right to Data Portability: Right to receive your personal data in a structured, commonly used and machine-readable format. Also, the right to transmit this data to another vendor/company of your choice without hindrance from Acssel IPL.
d. Right to Be Forgotten: Right to restrict or prevent continuing disclosure of Data to Acssel IPL.
e. Right to withdrawal of consent: Acssel IPL will provide you with an opportunity to exit or withdraw consent from processing your data further.
a. Consent
All collected data is subject to your explicit content, made available on or after the date of this Privacy Notice. You can also withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing Acssel IPL conducted prior to your withdrawal, nor will it affect processing of your Data conducted in reliance on lawful processing grounds other than consent.
b. Retention of Data
When Acssel IPL has no ongoing legitimate business need to process your Personal Information, Acssel IPL will either delete or anonymize it or, if this is not possible, then Acssel IPL will securely store your Personal Information and isolate it from any further processing until deletion is possible.
When Acssel IPL has no ongoing legitimate business need to process your Personal Information, Acssel IPL will either securely dispose your data or archive it with anonymization if it is required to support future communications.
To exercise any of the rights or for sharing any grievance or queries, please write us a mail to infoacssel@gmail.com. Acssel IPL team shall strive to resolve any customer queries or grievances at the earliest possible timeframe, in an amicable manner. This Agreement shall be governed by and construed in accordance with the laws of India.
a. We ensure that all purchases/subscriptions made online will be delivered to you within 48 hours. Once the payment is cleared, an email is automatically sent to your email address with download instructions along with the invoice. We suggest you save the invoice you received in your mailbox.
b. Products/Services once ordered cannot be cancelled except when the purchase/subscription made does not meet customer needs and specifications. The Customer shall then have the option to cancel the subscription or use it until the subscription is active. In such an event, no refund will be done for the purchased subscription.
The software is provided "as is" without warranty of any kind. All express, implied or statutory conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality or arising from a course of dealing, law, usage, or trade practice, are hereby excluded to the maximum extent allowed by applicable law. Neither Acssel IPL nor its licensors shall be liable for your action, or failure to act, in reliance on any information furnished as part of the software. You are solely responsible for maintaining the security of your network and computer systems.
Neither Acssel IPL nor its licensors represent, warrant, or guarantee that (a) security threats, malicious code and/or vulnerabilities will be identified, or (b) the content will render your network and systems safe from malicious code, vulnerabilities, intrusions, or other security breaches, (c) every vulnerability on every tested system or application will be discovered, or (d) there will be no false positives.
Acssel IPL and its suppliers’ entire liability and your exclusive remedy shall be at the option of Acssel IPL, either (a) return of the price paid on giving the proof of having removed the software from all computers where it was loaded, or (b) repair or replacement of the software, that does not meet the limited warranty of the company, and which is returned to the supplier with a copy of the proof of purchase/subscription.
The limited warranty is void if the failure of the software has been caused by – virus, any other software or process on the computer of the customer, improper use, accident, theft, abuse, or misapplication of the software. Any replaced software will be warranted for the remainder of the original warranty period or 30 (thirty) days, whichever is longer.
In no event shall Acssel IPL and its suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including but not limited to damages for loss of profits, loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatever) arising out of or in any way related to the use of or inability to use the software, or failure to provide support or other services, information and related content through the software, or otherwise arising out of the use of the software, even if the company or any supplier has been advised of the possibility of such damages.
Other than the express, limited warranties set forth above, Acssel IPL expressly disclaims to the fullest extent permitted by law all other representations, warranties, conditions, and guarantees, of any kind or nature whatsoever, whether express, implied, and statutory, including but not limited to any warranties, conditions, or guarantees (i) of merchantability, (ii) of fitness for a particular purpose, (iii) of non-infringement of proprietary or intellectual property rights of any third party, and (iv) arising from custom or trade usage or by any course of dealing or course of performance. You understand and agree that: (1) the utility of a business management computer program decreases as technology evolves and the business environment changes, (2) you are free to decide, and are responsible for deciding, when to upgrade your software, and (3) Acssel IPL disclaims any responsibility to deliver later-released software or otherwise render any customer support services unless included in a service plan that you have paid for in full.
We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be posted through the Services, on our website for the Services or when we notify you by other means. The Changes shall be periodically intimated to you and your continued use of the Services indicates your agreement to the modifications.
This Data Processing Agreement including its Exhibits (the “DPA”) details the parties’ obligations on the protection of Personal Data associated with Our Processing of Your Personal Data within the scope of the applicable Order or any agreement between You And Acssel IPL for providing Services (hereinafter, the “Agreement”).
a. With regard to the Processing of Personal Data, You are the controller and determine the purposes and means of Processing of Personal Data You provide to Us (“Controller”) and You appoint Us as a processor (“Processor”) to process such Personal Data (hereinafter, “Data”) on Your behalf (hereinafter, “Processing”).
b. The details of the type and purpose of Processing are defined in the Exhibits attached hereto. Except where the DPA stipulates obligations beyond the Term of the Agreement, the duration of this DPA shall be the same as the Agreement Term or subscription period.
c. You shall be solely responsible for compliance with Your obligations under the applicable Data Protection Laws, including, but not limited to, the lawful disclosure and transfer of Personal Data to Us by upload of source data into the Cloud Service or otherwise.
d. Processing shall include all activities detailed in this Agreement and the instructions issued by You. You may, in writing, modify, amend, or replace such instructions by issuing such further instructions to the point of contact designated by Us. Instructions not foreseen in or covered by the Agreement shall be treated as requests for changes. You shall, without undue delay, confirm in writing any instruction issued orally. Where We believe that an instruction would be in breach of applicable law, We shall notify You of such belief without undue delay. We shall be entitled to suspend performance on such instruction until You confirm or modify such instruction.
e. We shall ensure that all personnel involved in Processing of Customer Data and other such persons as may be involved in Processing shall only do so within the scope of the instructions. We shall ensure that any person Processing Customer Data is subject to confidentiality obligations similar to the confidentiality terms of the Agreement. All such confidentiality obligations shall survive the termination or expiration of such Processing.
a. We shall implement technical and organizational measures and safeguards that ensure the adequate protection of Customer Data, confidentiality, integrity, availability and resilience of processing systems and services and shall implement a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Processing. It shall be Your responsibility to familiarize Yourself with these measures and to assess whether they ensure a level of security appropriate to the risk.
b. We reserve the right to modify the measures and safeguards implemented, provided, however, that the level of security shall not materially decrease during a Subscription Term.
a. We shall notify You without undue delay after We become aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data, including Personal Data, stored or otherwise processed by Us or Our sub-processors (“Security Incident”).
b. We shall use best efforts to identify the cause of such Security Incident and take the measures We deem necessary and within Our control for remediating and securing Customer Data; We shall coordinate such efforts with You without undue delay. We shall correct or erase Customer Data if instructed by You and where covered by the scope of the instructions permissible. Where an erasure, consistent with data protection requirements, or a corresponding restriction of Processing is impossible, We shall, based on Your instructions, and unless agreed upon differently in the Agreement, destroy, in compliance with data protection requirements, all data or return the same to You.
c. In specific cases designated by You, such Customer Data shall be stored or handed over. The associated cost for doing so and protective measures to put in place shall be agreed upon separately, unless already agreed upon in the Agreement. We shall, upon termination of Processing and upon Your instruction, return all Customer Data, carrier media and other materials to You or delete the same.
d. Where a data subject asserts any claims against You in accordance with mistake you do, We shall, where possible, support You in defending against such claims, at Your cost.
a. You shall notify Us without undue delay, and comprehensively, of any defect or irregularity with regard to provisions on data protection detected by You in the results of Our work.
b. Where a data subject asserts any claims against Us in accordance with problems from our part, You shall, where possible, support Us in defending against such claims, at Our cost.
c. You shall notify Our point of contact listed in here for any issues related to data protection arising out of or in connection with the Agreement.
a. Where a data subject asserts claims for rectification, erasure or access to Us, and where We are able to correlate the data subject to You, based on the information provided by the data subject, We shall refer such data subject to You without undue delay. We shall support You, where possible, and based upon Your instruction insofar as agreed upon. We shall not be liable in cases where You fail to respond to the data subject’s request completely, correctly, or in a timely manner. Notwithstanding the foregoing, if Your employee submits a data subject request in relation to Online Training Cloud, You agree that we can fulfill such request without Your further approval.
b. We shall support You, in so far as is agreed upon by the parties, and where possible for Us, in fulfilling data subjects’ requests and claims.
a. We shall not sub-process any of Our obligations under this Agreement except as set forth in this DPA.
b. You hereby consent to Our use of the sub-processors listed in this DPA in connection with the performance of the Agreement. We shall, prior to the use of further sub-processors, obtain Your prior approval, such approval not to be withheld except for important reasons related to compliance with Data Protection Laws. In such case, We or the respective sub-processor will enter into a written agreement with each sub-processor containing data protection obligations not less protective than those in this Agreement with respect to the protection of Customer Data to the extent applicable to the nature of the Services provided by such sub-processor.
c. We shall conclude, with such sub-processors, contractual terms necessary to ensure an appropriate level of data protection and information security and in compliance with all Data Protection Laws.
d. We will be liable for the acts and omissions of Our sub-processors to the same extent We would be liable if we were performing the Services for each sub-processor directly under the terms of this DPA, except as otherwise set forth in the Agreement.
a. Where Customer Data becomes subject to search and seizure, an attachment order, confiscation during bankruptcy or insolvency proceedings, or similar events or measures by third parties while in Our control, We shall notify You of such action without undue delay. We shall, without undue delay, notify all pertinent parties in such action, that any Customer Data affected thereby is Your sole property and area of responsibility, that Customer Data is at Your sole disposition, and that You are the responsible body under the GDPR.
b. No modification of this DPA, including but not limited to, Our representations and obligations, if any, shall be valid and binding unless made in writing, and only if such modification expressly states that such modification applies to the terms of this DPA. The foregoing shall also apply to any waiver or change of this mandatory written form.
c. In case of any conflict, the terms of this DPA shall take precedence over the terms of the Agreement. Where individual terms of this DPA are invalid or unenforceable, the validity and enforceability of the other terms of this DPA shall not be affected.
This DPA is subject to the laws of the Member State in which the Controller is established, and for all other cases subject to the laws applicable pursuant to the Agreement and the parties submit to the exclusive jurisdiction of those courts for any disputes arising out of or in connection with this DPA. The Limitation of Liability Section of the Terms shall apply except as explicitly agreed otherwise in this DPA.