Data Retention Policy
1. INTENT OF THE POLICY
THIS DATA RETENTION POLICY SETS OUT THE OBLIGATIONS OF ELIQUORPERMIT REGARDING RETENTION OF PERSONAL DATA COLLECTED, HELD, AND PROCESSED BY ELIQUORPERMIT. THE RETENTION OF INFORMATION COLLECTED THROUGH OUR SITE SHALL BE GOVERNED BY THIS POLICY AND IS THEREFORE INCORPORATED INTO OUR TERMS OF USE.
THIS POLICY IS INTENDED TO SAFEGUARD USER RECORDS COLLECTED AND RETAINED BY ELIQUORPERMIT. THIS POLICY DETAILS OUT WHAT IS EXPECTED OF ELIQUORPERMIT EMPLOYEES AND OTHER STAKEHOLDERS INVOLVED IN RETENTION OF DATA AND ITS PROTECTION.
PERSONAL DATA SHALL BE KEPT IN A FORM WHICH PERMITS THE IDENTIFICATION OF USERS FOR NO LONGER THAN IS NECESSARY FOR THE REASONS WHY THE PERSONAL DATA IS PROCESSED. IN CERTAIN CASES, PERSONAL DATA MAY BE STORED FOR LONGER PERIODS WHERE THAT DATA IS TO BE PROCESSED FOR ARCHIVING PURPOSES THAT ARE IN THE PUBLIC INTEREST, FOR SCIENTIFIC OR HISTORICAL RESEARCH, OR FOR STATISTICAL PURPOSES, SUBJECT TO THE IMPLEMENTATION OF THE APPROPRIATE TECHNICAL AND ORGANISATIONAL MEASURES REQUIRED TO PROTECT THAT DATA.
ELIQUORPERMIT WILL RETAIN PERSONAL DATA FOR AS LONG AS REQUIRED OR PERMITTED IN THE LIGHT OF THE SOLE PURPOSE(S) FOR WHICH THE DATA HAS BEEN OBTAINED. THE CRITERIA USED TO DETERMINE THE RETENTION PERIOD SHALL INCLUDE:
(I) THE LENGTH OF THE TIME THAT ELIQUORPERMITHAS AN ONGOING RELATIONSHIP WITH THE CLIENT AND PROVIDES THE SERVICES THERETO;
(II) WHETHER OR NOT THERE IS A LEGAL OBLIGATION TO WHICH ELIQUORPERMIT ARE SUBJECT TO; AND
(III) WHETHER OR NOT THE RETENTION IS ADVISABLE IN THE LIGHT OF ELIQUORPERMIT’S LEGAL POSITION (SUCH AS CONCERNING APPLICABLE STATUTES OF LIMITATIONS, LITIGATION OR REGULATORY INVESTIGATIONS).
THIS POLICY SETS OUT THE TYPES OF PERSONAL DATA HELD BY ELIQUORPERMIT, THE DURATION OF ITS RETENTION, THE CRITERIA FOR ESTABLISHING AND REVIEWING THE LENGTH OF SUCH DURATION AND WHEN IT IS TO BE REMOVED OR OTHERWISE DISPOSED OF.
THIS POLICY IS INTENDED TO COVER ALL RECORDS AND DOCUMENTS, REGARDLESS OF THEIR FORMS, PHYSICAL OR ELECTRONIC / DIGITAL, INCLUDING GUIDELINES AS TO THE DURATION OF MAINTAINING SUCH RECORDS AND DOCUMENTS AND HOW THEY WILL BE DESTROYED. THIS POLICY IS DESIGNED TO ENSURE COMPLIANCE WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011.
2. SOME KEY TERMS
A. “USER”(HEREINAFTER COLLECTIVELY REFERRED TO AS “YOU”, “YOUR”,), MEAN OUR CUSTOMERS WHO USE OUR SERVICE(S) OR ANY OTHER NATURAL PERSON WHO VISIT OUR WEBSITE(S) AND WHOSE PERSONAL DATA IS BEING COLLECTED, HELD OR PROCESSED BY ELIQUORPERMIT.
B. “SERVICE DATA” MEANS ALL ELECTRONIC DATA, TEXT, MESSAGES OR OTHER MATERIALS, INCLUDING PERSONAL DATA OF USERS, SUBMITTED TO THE SERVICE(S) BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, TO PERSONAL DATA.
C. “PERSONAL DATA” MEANS DATA RELATING TO A LIVING INDIVIDUAL WHO IS OR CAN BE IDENTIFIED EITHER FROM THE DATA OR FROM THE DATA IN CONJUNCTION WITH OTHER INFORMATION THAT IS IN, OR IS LIKELY TO COME INTO, THE POSSESSION OF THE ELIQUORPERMIT.
“PERSONAL DATA” SHALL INCLUDE ALL THE INFORMATION THAT IDENTIFIES AN INDIVIDUAL OR RELATES TO AN IDENTIFIABLE INDIVIDUAL, INCLUDING:
- NAME
- ACCOUNT DETAILS AND RELATED CONTACT INFORMATION
- POSTAL ADDRESS
- TELEPHONE OR FAX NUMBER
- EMAIL ADDRESS AND OTHER IDENTIFYING ADDRESSES FOR ELECTRONIC COMMUNICATIONS
- DATE OF BIRTH
- DETAILS FROM PASSPORTS AND OTHER GOVERNMENT OR STATE ISSUED FORMS OF PERSONAL IDENTIFICATION (INCLUDING ADHAAR, DRIVER’S LICENSE, LIFE / GENERAL INSURANCE AND OTHER IDENTIFYING NUMBERS)
- PHOTOGRAPHIC OR VIDEO IMAGES
- TELEPHONIC OR ELECTRONIC RECORDINGS
KEEPING PERSONAL DATA SECURE IS ONE OF THE MOST IMPORTANT RESPONSIBILITIES OF ELIQUORPERMIT. ELIQUORPERMIT MAINTAINS PHYSICAL, TECHNICAL, ELECTRONIC, PROCEDURAL AND ORGANIZATIONAL SAFEGUARDS AS WELL AS SECURITY MEASURES TO PROTECT PERSONAL DATA AGAINST ACCIDENTAL, UNLAWFUL, OR UNAUTHORIZED THEFT, DESTRUCTION, LOSS, ALTERATION, DISCLOSURE, OR ACCESS. ONLY THE AUTHORIZED EMPLOYEES CAN ACCESS PERSONAL DATA FOR LEGITIMATE AND SPECIFIED BUSINESS PURPOSES TOWARDS REDERNING THIS SERVICE ONLY. THE EMPLOYEES ARE BOUND BY A CODE OF ETHICS AND OTHER INTERNAL POLICIES THAT REQUIRE CONFIDENTIAL TREATMENT OF PERSONAL DATA, AND ARE SUBJECT TO DISCIPLINARY ACTIONS IF THEY FAIL TO FOLLOW SUCH REQUIREMENTS.
ELIQUORPERMIT DOES NOT TYPICALLY COLLECT SENSITIVE PERSONAL DATA IN CONNECTION WITH THE SERVICES. PLEASE DO NOT SEND ANY PERSONAL DATA WHICH WOULD BE CATEGORIZED AS SPECIAL DATA UNDER ANY LAW FOR THE TIME BEING IN FORCE (E.G., INFORMATION RELATED TO RACIAL OR ETHNIC ORIGIN, POLITICAL OPINIONS, RELIGION OR OTHER BELIEFS, HEALTH, BIOMETRICS OR GENETIC CHARACTERISTICS, CRIMINAL BACKGROUND, ETC, THROUGH THE SERVICES OR OTHERWISE, UNLESS ELIQUORPERMIT SPECIFICALLY REQUESTS FORANY OF THIS INFORMATION FROM YOU OR MAKE A DUE DILIGENCE ENQUIRY OF YOU WHERE THE RESPONSE NECESSITATES YOU TO DISCLOSE THE SAID DATA TO ELIQUORPERMIT. IN SUCH A CASE, PLEASE ENSURE YOU NOTIFY ELIQUORPERMIT THAT YOU ARE PROVIDING SPECIAL DATA. WE MAY RECEIVE SPECIAL DATA FROM THIRD PARTY SERVICE PROVIDERS AND OTHERS IN SUPPORT OF THE DUE DILIGENCE ACTIVITIES THAT WE ARE UNDERTAKING TO SATISFY VARIOUS LEGAL AND REGULATORY REQUIREMENTS, WHICH WE ARE SUBJECT TO.
3. AIMS AND OBJECTIVES
A. THE PRIMARY AIM OF THIS POLICY IS TO SET OUT LIMITS FOR THE RETENTION OF SERVICE DATA OR PERSONAL DATA.
B. IN ADDITION TO SAFEGUARDING THE RIGHTS OF USERS BY ENSURING THAT EXCESSIVE AMOUNTS OF DATA ARE NOT RETAINED BY ELIQUORPERMIT, THIS POLICY ALSO AIMS TO IMPROVE THE SPEED AND EFFICIENCY OF MANAGING DATA.
4. SCOPE
A. THIS POLICY APPLIES TO ALL PERSONAL DATA HELD BY ELIQUORPERMIT FOR THE SOLE PURPOSE OF PROCESSING AND FULFILLING REQUESTS MADE BY USERS.
B. THIS POLICY APPLIES ON ALL ELIQUORPERMIT WORKSTATIONS – DESKTOPS, LAPTOPS, SERVERS, PHYSICAL MODES OF PERSONAL DATA COLLECTION INCLUDING BUT NOT LIMITED TO PHYSICAL FORMS, VISITOR LOGS, VISITING CARDS COLLECTED ETC, THIS POLICY ALSO COVERS ALL VIRTUAL MACHINES INCLUDING CLOUD SERVERS UNDER CONTROL OF ELIQUORPERMIT.
5. WHAT ARE RECORDS?
A. RECORDS UNDER THIS POLICY MEAN ANY INFORMATION YOU ENTER ON OUR SITE OR GIVE US IN ANY OTHER WAY. FOR EXAMPLE, DURING SIGN UP YOU PROVIDE US WITH NAME, EMAIL, ADDRESS, AND TELEPHONEETC. YOU CAN CHOOSE NOT TO PROVIDE CERTAIN INFORMATION, BUT THEN YOU MIGHT NOT BE ABLE TO TAKE ADVANTAGE OF ALL OF OUR SERVICES AND FEATURES. WE USE THE INFORMATION THAT YOU PROVIDE FOR PURPOSES AS MENTIONED IN OUR PRIVACY POLICY
B. SUCH RECORDS MAY BE OF ONE PERSON OR MAY BE OF SEVERAL PERSONS. SUCH RECORDS MAY BE PRESENT IN ELECTRONIC FORMAT OR AS A PAPER COPY. SUCH RECORDS MAY BE PRESENT INSIDE THE LOCAL MACHINES OR ON A CLOUD OR SIMPLY AS A PRINTOUT ON A PAPER.
6. DATA RETENTION
A. ELIQUORPERMIT SHALL NOT RETAIN ANY PERSONAL DATA FOR ANY LONGER THAN IS NECESSARY CONSIDERING THE PURPOSE(S) FOR WHICH THAT DATA IS COLLECTED, HELD, AND PROCESSED, UNLESS REQUIRED BY THE LAW.
B. DIFFERENT TYPES OF PERSONAL DATA, USED FOR DIFFERENT PURPOSES, WILL NECESSARILY BE RETAINED FOR DIFFERENT PERIODS (AND ITS RETENTION PERIODICALLY REVIEWED).
C. WHEN ESTABLISHING AND/OR REVIEWING RETENTION PERIODS, THE FOLLOWING POINTS SHALL BE CONSIDERED:
I. THE OBJECTIVES AND REQUIREMENTS OF ELIQUORPERMIT;
II. THE TYPE OF PERSONAL DATA IN QUESTION;
III. THE PURPOSES FOR WHICH THE DATA IN QUESTION IS COLLECTED, HELD, AND PROCESSED;
D. IF A PRECISE RETENTION PERIOD CANNOT BE FIXED FOR A PARTICULAR TYPE OF DATA, CRITERIA SHALL BE ESTABLISHED BY WHICH THE RETENTION OF THE DATA WILL BE DETERMINED, THEREBY ENSURING THAT THE DATA IN QUESTION, AND THE RETENTION OF THAT DATA, CAN BE REGULARLY REVIEWED AGAINST THOSE CRITERIA.
E. CERTAIN PERSONAL DATA MAY BE DELETED OR OTHERWISE DISPOSED OF PRIOR TO THE EXPIRY OF ITS DEFINED RETENTION PERIOD WHERE A DECISION IS MADE WITHIN ELIQUORPERMIT TO DO SO WHETHER IN RESPONSE TO A REQUEST BY A USER OR OTHERWISE.
F. THE DATA RETENTION MANDATED DIFFERENTLY IN ACCORDANCE WITH APPLICABLE LAW WILL BE DEEMED 12 MONTHS FROM THE DATE OF CREATION OF THE DOCUMENT.
7. PURPOSE OF DATA RETENTION
- TO RESPOND TO QUERIES OR REQUESTS SUBMITTED BY THE USER.
- TO ADMINISTER OR OTHERWISE PERFORM THE COMPANY’S OBLIGATIONS IN RELATION TO ANY AGREEMENT WITH THE USER.
- TO PROVIDE THE USER WITH THE INFORMATION, PRODUCTS AND SERVICES REQUESTED.
- TO PROVIDE THE USER WITH INFORMATION SERVICES WE OFFER THAT ARE SIMILAR TO THOSE ALREADY PURCHASED OR ENQUIRED ABOUT.
- TO NOTIFY THE USER ABOUT CHANGES TO OUR SERVICES.
8. STORAGE AND TRANSFER OF DATA
A. YOUR PERSONAL DATA AND FILES ARE STORED ON ELIQUORPERMIT’S SERVERS AND THE SERVERS OF COMPANIES WE HIRE TO PROVIDE SERVICES TO US. WE HAVE SERVERS LOCATED IN INDIA, HOWEVER YOUR PERSONAL INFORMATION MAY BE TRANSFERRED ACROSS NATIONAL BORDERS AS THE COMPANIES WE HIRE TO HELP US RUN OUR BUSINESS MAY BE LOCATED IN DIFFERENT COUNTRIES AROUND THE WORLD BY VIRTUE OF CLOUD COMPUTING. ONCE WE HAVE RECEIVED YOUR INFORMATION, WE WILL USE STRICT PROCEDURES AND SECURITY FEATURES TO TRY TO PREVENT UNAUTHORIZED ACCESS.
9. SECURITY OF INFORMATION
A. WE UNDERSTAND THAT THE SECURITY OF YOUR PERSONAL INFORMATION IS IMPORTANT. SENSITIVE AND PRIVATE DATA EXCHANGE BETWEEN THE SITE AND ITS USERS HAPPENS OVER AN SSL SECURED COMMUNICATION CHANNEL AND IS ENCRYPTED AND PROTECTED WITH DIGITAL SIGNATURES. OUR SITE IS ALSO IN COMPLIANCE WITH PCI VULNERABILITY STANDARDS IN ORDER TO CREATE AS SECURE OF AN ENVIRONMENT AS POSSIBLE FOR YOU. WHILE WE PROVIDE ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SECURITY CONTROLS TO PROTECT YOUR PERSONAL INFORMATION. AT THE SAME TIME, IT IS IMPORTANT FOR YOU TO PROTECT AGAINST UNAUTHORIZED ACCESS TO YOUR PASSWORD AND TO YOUR COMPUTER. BE SURE TO SIGN OFF WHEN FINISHED USING A SHARED COMPUTER. HOWEVER, DESPITE OUR EFFORTS, NO SECURITY CONTROLS ARE 100% EFFECTIVE AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF YOUR PERSONAL INFORMATION.
10. DATA DISPOSAL
UPON THE EXPIRY OF THE DATA RETENTION PERIODS SET OUT IN THIS POLICY, PERSONAL DATA SHALL BE DELETED, DESTROYED, OR OTHERWISE DISPOSED UNLESS AS REQUIRED BY THE LAW.
11. ROLES AND RESPONSIBILITIES
A. THE GRIEVANCE OFFICER SHALL BE RESPONSIBLE FOR OVERSEEING THE IMPLEMENTATION OF THIS POLICY AND FOR MONITORING COMPLIANCE WITH THIS POLICY, ELIQUORPERMIT’S OTHER DATA MANAGEMENT POLICIES, WITH THE INFORMATION TECHNOLOGY ACT 2008(AMENDED) AND OTHER APPLICABLE DATA PROTECTION LEGISLATION.
B. ANY QUESTIONS REGARDING THIS POLICY, THE RETENTION OF PERSONAL DATA, OR ANY OTHER ASPECT OF COMPLIANCE WITH INFORMATION TECHNOLOGY ACT 2008 SHOULD BE REFERRED TO THE GRIEVANCE OFFICER.
EXEMPTIONS FOR PROLONGING OF RETENTION PERIODS COVERED IN THIS POLICY IN VIEW OF SPECIAL CIRCUMSTANCES ARE MENTIONED BELOW:
- ONGOING INVESTIGATIONS FROM ANY COMPETENT AUTHORITIES UNDER INDIAN LAW, IF THERE IS A CHANCE RECORDS OF PERSONAL DATA ARE NEEDED BY US TO PROVE COMPLIANCE WITH ANY LEGAL REQUIREMENTS; OR
- WHEN EXERCISING LEGAL RIGHTS IN CASES OF LAWSUITS OR SIMILAR COURT PROCEEDING.
12. IMPLEMENTATION OF POLICY
ELIQUORPERMIT EXPECTS THAT ITS USERS READ AND UNDERSTAND THIS POLICY AND IN CASE YOU ARE UNABLE TO UNDERSTAND ANYTHING, YOU ARE REQUIRED TO CONTACT THE GRIEVANCE OFFICER OF THIS POLICY IN ELIQUORPERMIT I. E. MR. GAURAV PATIL AVAILABLE BY FILING GRIEVANCE FORMON THE SAME PORTAL.
THIS POLICY HAS BEEN APPROVED AND AUTHORISED BY THE PARTNERS OF ELIQUORPERMIT.