1.1 Welcome to https://www.lexstart.com/ (the “Website”), owned by Lexstart Consultancy Private Limited, a company incorporated under the Companies Act, 2013 (bearing company identification number U74999MH2015PTC265981), having its registered office at 916, Tulsiani Chambers, Free Press Journal Marg, Nariman Point, Mumbai – 400021, Maharashtra (hereinafter referred to as the “Company”). The Company is engaged in the business of providing legal and compliance-related consultancy services to its clients.
1.4 This Policy is being framed in view of the Information Technology Act, 2000 read with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and Regulation 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
1.5 By accepting this Policy, you understand and agree to the collection, use, sharing, and processing of personal information as described herein. If you provide the Company with personal information about someone else, you confirm that (a) such information is accurate and up-to-date; (b) such person is aware that you have provided their information; and (c) they consent to both, the disclosure, and the use/processing of their information in accordance with this Policy. This Policy applies to all current and former visitors, users, and others who access this Website.
2.1 This Policy is an electronic record in the form of an electronic contract and does not require any physical, electronic, or digital signature.
2.2 By accessing or using the Website or giving us your information or otherwise clicking to accept this Policy, if and when prompted on the Website, you undertake that you have the capacity to enter into a legally binding contract vide. this Policy, which constitutes a legally binding document between you and the Company under the applicable laws. The Company will collect and process your personal and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations. This Policy seeks to ensure that any personal information or third-party information handled by the Company is managed in a way that is ethical, compliant, and adheres to best industry practices.
2.3 Please read the terms and conditions of this Policy carefully, before accessing or using the Website or otherwise clicking to accept this Policy, if and when prompted on the Website. By accessing or using the Website or otherwise clicking to accept this Policy, if and when prompted on the Website, you agree to the terms of this Policy.
2.4 This Policy describes the types of information the Company collects, why and how the Company uses the information, with whom the Company shares it, and the choices you can make about the Company’s use of the information. This Policy also describes the measures the Company takes to protect the security of the information and how you can contact the Company about its privacy practices.
2.5 Further, this Policy describes the Company’s current data protection policies and practices and may be amended/updated from time to time. The Company will notify the users of any changes made to this Policy in compliance with applicable laws. This Policy shall come into effect from the date of such update, change, or modification. Your continued use of the Website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.
By mere access and/or use of the Website, you expressly consent to the Company’s use and disclosure of your Information (as defined below) and third-party information in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use the Website.
4. TYPES OF INFORMATION
4.1 Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such a person.
4.2 Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, telephone numbers, e-mail addresses, or any other contact information (hereinafter referred to as “Personal Information”).
4.3 Non-Personal Information: Non-personal information means information that does not specifically identify an individual, but includes information from you, such as your browser type, your Internet Service Provider (ISP), operating system, and your Internet Protocol (IP) address. The Company may gather any non-personal information regarding how many people visit the Website, their IP address, browser types and versions, time zone settings and locations, operating systems, applications installed on your device, device ID, device manufacturer and type, device, connection information, screen resolution, usage statistics, default communication applications and other technology on the devices you use to access the Website (hereinafter referred to as “Non-Personal Information”). The Company may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire, or a survey conducted by the Company.
4.4 Usage Information: Usage Information includes without limitation all data and information collected automatically through the Website (or through the third party analytics service providers), by use and access of the Website in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Website including without limitation Non-Personal Information, cookies, Website traffic, time spent on the Website, number of visits to the Website and other similar information and behavior indicating the mode and manner of use of the Website (hereinafter referred to as the “Usage Information”).
4.5 Personal Information, Non-Personal Information, and Usage Information hereinafter shall be referred to as “Information”.
5. COLLECTION OF INFORMATION
5.1 The Company may collect Information from you when you (a) visit or make use of the Website; and (b) carry out any other transactions with the Company.
5.2 You hereby acknowledge and agree that all Information is provided by you to the Company voluntarily, and the Information provided by you is not subject to any undue influence.
5.4 The Company may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the Website like your Internet Protocol address, your Operating System, your prior search results, etc., which may or may not be publicly accessible.
5.5 Information collected by the Company from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
5.6 You may use the Website without providing the Company with any Information about yourself. However, you may not be able to access certain services on the Website in case you choose to do so.
6. USE OF INFORMATION
6.1 The Company uses the Information you provide to (a) provide you with information about services offered by the Company and details of the Company; (b) respond to your inquiries about the offerings of the Company; (c) resolve any glitches on the Website including addressing any technical problems; (d) improve the services and content on the Website and your experience of navigating through the Website; and (e) manage the Company’s relationship with you.
6.2 The Company may use your Non-Personal Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services, and identifying usage trends.
6.3 Subject to and in accordance with applicable laws, the Company has the right to use your Information for the purpose of conducting promotional/marketing-related activities on the Website.
6.4 When you send an email message or otherwise contact the Company through the Website, the Company may use the Information provided by you to respond to your communication by way of messages on the Website, Short Message Service (SMS), email, or any other communication channels that the Company may deem fit. The Company may also archive such Information and/or use it for future communications with you to inform you regarding updates, newsletters, offers, new services, and promotions.
7. INFORMATION SHARING
7.1 The Company maintains your Information in electronic form on its devices and on the equipment of the Company’s employees. The Information is made accessible to employees, agents or partners, and third parties only on a need-to-know basis.
7.2 The Company does not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent or to provide services you have requested for or under the following circumstances:
a. The Company may engage third-party vendors and/or contractors to perform certain support services, who may have limited access to Information.
b. The Company may rent, sell, or share Non-Personal Information or Personal Information in an aggregate form after it undergoes the process of de-identifications and is no more identifiable to you, than any third party.
c. The Company may share Information with government authorities in response to subpoenas, court orders, or other legal processes; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency's request.
8. THIRD-PARTY SERVICE PROVIDERS
8.2 The Website may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such websites or otherwise visiting any such websites, the Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
9. DISCLOSURE TO ACQUIRES
The Company may disclose and/or transfer Information to an investor, acquirer, assignee, or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the Company’s equity, business, or assets.
10. CONTROL OVER YOUR PERSONAL INFORMATION
10.1 Where your consent is required for the purpose of the Company’s usage, processing, sharing, or collection of your Personal Information in accordance with applicable laws, you shall have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to the Company in writing through an email at email@example.com, requesting the same.
10.2 Once you withdraw your consent to share the Personal Information, collected by the Company, the Company shall have the option not to fulfill the purposes for which the said Personal Information was sought and the Company may restrict you from using the Website.
11. RECTIFICATION/CORRECTION OF PERSONAL INFORMATION
11.1 You shall have the right to review the Personal Information submitted by you on the Website and to modify or delete any Personal Information provided by you directly on the Website. You hereby understand that any such modification or deletion may affect your ability to use the Website. Further, it may affect the Company’s ability to provide its services to you.
11.2 Access to or correction, updating, or deletion of your Personal Information may be denied or limited by the Company if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
11.3 If you need to update or correct your Personal Information that the Company may have collected to offer you personalized services and offers, you may send updates and corrections to the Company at firstname.lastname@example.org citing the reason for such rectification of Personal Information.
12. TERM OF STORAGE OF PERSONAL INFORMATION
12.1 The Company shall store your Personal Information at least for such period as may be required and permitted by applicable law or for a period necessary to satisfy the purpose for which the Personal Information has been collected. These periods vary depending on the nature of the information and your interactions with the Company.
12.2 The Company may store Non-Personal Information and Usage Information received from you till such time it requires provided such storage and retention is in accordance with applicable law.
12.3 You agree that you will not submit any false information or any illegal or damaging content to the Website.
12.4 The Company reserves the right to terminate access to or the ability to interact with the Website in response to any concerns the Company may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
13.2 Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. You may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Website. You may opt to leave the cookie turned on.
14. PROTECTION OF INFORMATION
14.1 The Company has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honored. The Company takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
14.2 The Company considers the confidentiality and security of your Information to be of utmost importance. It, therefore, uses industry standards, and physical, technical, and administrative security measures to keep Information confidential and secure and the Company will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while the Company strives to protect Information and privacy, the Company cannot guarantee or warrant its absolute security when Information is transmitted over the Internet into the Website. The Company will periodically evaluate this necessity considering your privacy and our relationship while keeping the applicable legislation in mind.
14.3 For any loss or theft of Information, due to reasons solely attributable to you, the Company shall not be held liable or responsible under any circumstance whatsoever. Further, the Company shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the Company’s reasonable control including but not limited to acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.
15. MINOR & USAGE ON BEHALF OF ANOTHER PERSON
If a minor wishes to use the Website, it will be assumed that he/she has obtained the consent of the legal guardian or parents and such use will be made available by the minor’s legal guardian or parents on the Website. The Company encourages parents and guardians to be involved in the online activities of minors to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, you represent and warrant that you are authorized by such person to accept this Policy on their behalf and to consent on behalf of such person to the Company’s use of such person’s Personal Information as described in this Policy.
16. LIMITATION OF LIABILITY
16.1 The Company shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary, or consequential losses arising out of performance or non-performance of its obligations under this Policy.
16.2 The Company is not responsible for any actions or inactions of any third parties that receive your Information.
16.3 Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage, or misuse of your Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond the Company’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts, or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the Company’s control and which the Company is not able to overcome.
17. CHANGES TO THE POLICY
The Company reserves the right to update, change or modify this Policy at any time, subject to the terms contained herein. This Policy shall come into effect from the date of such update, change, or modification.
18. GOVERNING LAW AND DISPUTE RESOLUTION
This Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of this Policy, the same shall be settled by binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Mumbai, India.
19. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and the Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Anisha Patnaik
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Terms or the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
20. HOW TO CONTACT US
If you have questions or concerns about this Policy, you may contact the Company at email@example.com