APA Engineering Private Limited is (“APA“, “we“, “us“, and “our“) a company headquartered in Chennai, India.We provide several software tools and services (collectively, the “Software“) to our customers. To support our business we operate several websites including apaengineering.com, apaengineering.net, apacatapult.com, apagreen.com and many subdomains of each (collectively, the “Websites“). The services as well as all Software and Websites that we operate are covered under this policy. By using the Service, our Software, or our Websites, you agree to the terms of this Privacy Policy.
1. Key Terms
In addition to the terms we defined above, other terms in this document have the following meanings:
“Client” means a person or company who has created an APA account or purchased or downloaded our Software.
“Customer” means a person who uses a system which is connected to the Service or our Software by or on behalf of a Client.
“Visitor” means a person who visits our Websites or other online properties which we operate or maintain.
“Personal Information” means any information that can be used to identify a Client, Customer, or Visitor. Some examples of Personal Information are name, email address, physical address, or telephone number.
“you” or “your” means the individual or company to whom this agreement applies. These may be Clients, Customers, and/or Visitors depending on the context in which the term is used.
“sub-processor” means a company which provides a service, software, or system to APA used to maintain, operate, manage, or otherwise offer our Service, Software, or Websites.
2. Protecting Your Information
We understand that you trust us when you use our Service, Software, or Websites and we want you to understand how we handle your Personal Information. We take important steps to protect your Personal Information:
- ➤ We treat it as confidential
- ➤ We train our employees to take care in handling it
- ➤ We limit access to employees who need access to perform their jobs
- ➤ We take steps to protect our systems from unauthorized access
- ➤ We use encryption and secure channels when storing or transferring your information
- ➤ We require that our sub-processors agree to protect your Personal Information under privacy and data protection agreements which are at least as strict as the terms of this policy.
- ➤ We comply with all laws that apply to us
3. Collecting Your Information
We get your personal information mostly from you. If you are a Client, you may provide us with Personal Information in the course of using the Service. We may also use outside sources to help ensure our records are correct and complete.
The types of Personal Information we collect depend on which Software or Service you use and how you use it. This information can include: Contact Information (email address, phone number, address, name), Company Information (company name, address, government identification information) and Payment information (credit card or bank details which we use for billing purposes).
We provide our Service to our Clients and, as a result, we act as a processor on behalf of our Clients for much of the Personal Information we collect and process about Customers through our Service. We are not responsible for the privacy and data protection practices of our Clients and these may differ from the policies described in this privacy policy. Please contact individual Clients for information about their policies and practices.
4. Storing and Managing Your Information
We will retain Personal Information while we have an ongoing legitimate business interest, contractual obligation, or legal requirement to do so. If we have a legal obligation to retain Personal Information we will do so for the period of time required by law. For Personal Information which is required for the operation of our Service, we retain it for the period of time it is required under contract to our Clients or our legitimate business interest in maintaining our Service.
When we no longer have a legal or contractual obligation or legitimate business need to retain Personal Information we will delete it from our system and the system of any sub-processors we use. Information which is deleted may still be stored for a period of time in backup files or systems but this information will be isolated from further processing until the backup files in which the information is stored are no longer required.
5. Information for EEA Residents
This section applies only to residents of or companies based in or doing business in the European Economic Area (“EEA“). Depending on the context in which we collect and process Personal Information, our legal basis for undertaking collection and processing of Personal Information may differ. We follow the guidelines and principles provided by EU’s GDPR.
In most cases, we will collect and process Personal Information where were have legitimate business interests which require us to do so. Our legitimate business interests for processing Personal Information include but are not limited to: providing, maintaining, and improving the products and services that we offer; ensuring the security and stability of our Service and Websites; and for our marketing activities. These interests only apply so long as they are not overridden by the fundamental rights and freedoms or data protection interests of our Clients or their Customers.
We may collect and process Personal Information about our Clients in order to perform a contract with you. In limited cases, we may also have a legal obligation to collect Personal Information from you. If this is the case, we will make this clear to you at the time of collection and explain to you the consequences if you do not provide this information.
We act as a data processor of Personal Information about Customers on behalf of our Clients pursuant to our legitimate business interests or in order to perform a contract. We are not responsible for the privacy and data protection practices of our Clients and these may differ from the policies described in this privacy policy.
You may provide us with consent for us to contact you with marketing or advertising messages. You may withdraw your consent to receive marketing or advertising messages from us at any time. Use of your Personal Information with consent for marketing or advertising purposes which occurred prior to withdrawal of consent will not be considered unlawful.
If you are a resident of the EEA or representative of a Company based in or doing business in the EEA you can object to the processing of your Personal Information, ask us to restrict processing of Personal Information to specific purposes, or request portability of your Personal Information. You also have the right to complain to a data protection authority about the collection and use of Personal Information. For more information, contact your local data protection authority.
If you have any questions about the legal basis on which we collect and process your Personal Information, please contact us using the information in the “Questions and Contacts” section below.
6. Using Your Information
We do not make available to the general public any Personal Information except that we may use the company names of our Clients in public lists of our users unless we are prevented by law or contract from doing so. You may request in writing (which may be by email) that we do not use your company name publicly and we will comply with any such requests.
We may use the Personal Information we collect for a range of reasons:
- ➤ To provide the Service to you and support or improve the Service for you.
- ➤ To give you system alerts about the Service which may include scheduled or unscheduled service interruptions, changes to the features and functionality available to you, or updates to agreements or policies which apply to you
- ➤ To communicate with you about your account including for technical support, consultation or other services you may purchase from us, or to enforce compliance with any agreements you have established with us
- ➤ To bill and collect money owed to us by you if you subscribe to the Service
- ➤ To meet legal obligations including complying with regulations, laws, court orders, or other legal requirements
- ➤ To provide information to you on our products and services as well as the products and services of our affiliated or unaffiliated business partners where we believe information on those products or services may be relevant to you only if you have provided specific consent for us to contact you with such information.
- ➤ To ensure the Service is operating correctly or produce analytical information for our business or marketing purposes. Information used for this purpose is limited to the most general information possible, anonymized in such a way that it can not be reasonably used to identify you, and is combined with Personal Information collected from other Clients or Customers.
- ➤ To carry out other lawful and legitimate business operations about which we will notify you.
7. Opting Out of Marketing Emails
Before we use your Personal Information to contact you for marketing purposes, we will obtain your consent to do so. We may ask for your consent when you subscribe to receive marketing emails from us, create an account or subscription to our Service, or purchase a product from us. From time to time, we may ask you to confirm your consent to continue to receive marketing messages from us.
In each marketing email we send to you we will include a link which you can use to unsubscribe from future marketing messages. You may also contact us by the means described in the “Questions and Contacts” section below to opt out from further marketing messages.
If you are a Client you will still receive messages from us which are not marketing or promotional in nature even if you opt out of marketing emails. These may include messages about your account, billing, service alerts, technical support, or other transactional messages which are necessary to maintain your account with us. Unless you cancel your account with us, you can not opt out of these messages.
8. Non-Personal User Content
We may use user submitted content such as ratings, reviews, feedback (“User Content”) in a number of different ways, including displaying it on Websites, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, or distributing it. Accordingly, you grant us permission to use your User Content for any purpose. You also grant the Website users the right to access User Content in connection with their use of the Website.
You assume all risks associated with User Content, including reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your User Content that makes you personally identifiable. You may not imply that User Content is in any way sponsored or endorsed by us.
We cannot and do not review all User Content feedback, nor do we have any control over the same. Under no circumstances shall we be held responsible or liable for any claims or damages arising out of any reviews or feedback.
We may remove, edit or reinstate User Content at any time without notice. You may request removal of User Content which you have submitted or which contains your Personal Information by contacting us using the means described in the “Questions and Contacts” section below.
9. Cookies
We use cookies and log files to: (a) store information so that you will not have to re-enter it during your next visit to the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our services; and (d) monitor metrics such as total number of visitors and pages viewed.
Acceptance of cookies are required for Clients to use the Service but are not required for Customers or Visitors. Clients who do not wish to allow us to use cookies to provide the Service to them will need to cancel their account with the Service under the terms of their User Agreement with us. Customers or Visitors who do not wish to allow us to use cookies may use their web browser settings to prevent us from doing so at any time.
10. Accessing and Managing Your Information
Clients can manage much of the Personal Information that they provide to us from within the APA Service.
If you have provided consent to us to collect or process certain information you can withdraw consent at any time by contacting us. If you withdraw your consent this action will not affect the lawfulness of any collection or processing that we conducted prior to withdrawal of consent and it will not affect the lawfulness of any processing we perform on lawful grounds other than consent.
If you are a Client and receive a data protection rights request from a Customer you can submit a request to us on behalf of your Customer to exercise these rights. If we receive a data protection request from a Customer, we will direct the Customer to contact the Client who provided the Customer’s information to us.
You can request that we delete your Personal Information from our system and the systems of our sub-processors. We are required by law to maintain certain records which may contain Personal Information for specified periods of time and will inform you if this requirement applies to your data in our response to your request.
If you wish to exercise any of the rights described in this section or request additional information about your rights or the Personal Information which we collect, process, or store you can contact us using the information described in the “Questions and Contacts” section below. We will respond to all data protection requests we receive.
11. Incident Response
If APA or any of our sub-processors experiences a security incident which may have exposed Personal Information we will notify you as soon as reasonably possible and take immediate steps to identify, remediate, and prevent future occurrences of any such incidents. We will also fulfill our obligations under applicable laws and regulations to notify appropriate authorities. If you are a Client and you or your Customers are effected by a security incident, we will work with you to take appropriate steps including notifying Customers who may be effected as well as any additional authorities as may be appropriate or required under law.
12. Questions and Contacts
We want you to understand how we protect your privacy. If you have any questions about this notice, please contact us. For certain requests we may require that you contact us in writing by email or certified mail if required by law or our internal policies. We will inform you of this requirement if it applies to your request in our response. We may ask you to verify your identity in order to ensure your privacy and help us respond appropriately.
We maintain a list of sub-processors and information about the services they provide to us which you may request at any time.
When you write, include your name, address, and account user name or email address. Send questions or requests by email to [email protected], contact us by phone at +91 44 66922800, or by mail at APA, #E-7,8,9 & 10, Gem & Jewellery Complex, Phase-I, Madras Export Processing Zone, Tambaram, Chennai, Tamil Nadu 600047, India.
13. Changes to This Policy
We may change this Privacy Policy from time to time. If we make any material changes, we will notify you as required by law or our agreements with you. The date of the most recent update to this policy will be indicated on this document.
Last Updated 18th October 2019.