Last Updated : April 2021
This Policy is applicable to:
- Users and Visitors of our websites and applications.
- Candidates and
recipients of our career services.
- Person interested in engaging with business relationships with Uplers and other recipients of our services.
- Clients, who are the people who engage or show willingness to engage the Talent from the Talent pool as provided by Uplers.
- Talent, who are people we source or place on assignment with one of our clients, or individuals to whom we provide Services.
- Our associated third parties, as applicable. and
- Representatives of our business partners, associates or vendors.
This policy describes the types of personal data or personal information we collect, how we use the information, how we process and protect the information we collect, for how long we store it, with whom we share it, to whom we transfer it and the rights that individuals can exercise regarding our use of their personal data. We also describe how you can contact us about our privacy practices and to exercise your rights. In general, our privacy practices conform to local law and regulation.
Information we collect and retain
We collect information about you when you use our sites and applications. We collect information when you choose to give it to us. This includes:
From all users of the Website
- In the course of using the Service (whether as a Client or Freelancer or Agency), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, company address, billing address, and phone number.
- If you use the Service to make or receive payments, we will also collect certain payment information, such as credit card or other financial account information, and billing address.
- You do not have a statutory obligation to provide us with any information, but you may have a contractual obligation to do so, and if we do not receive certain information from you, then we will not be able to provide our Service to you. If you have any questions regarding whether provision of information is mandatory and the consequences for withholding such information, please contact us using the contact information below.
- We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
- The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that Uplers has collected Personal Information from your child, please contact us at the provided email address below.
- Your Job Description, requirements regarding specific services, information regarding your company or the company you represent, Skill requirements from the Talent, Industry specific requirements, any required information relating to permits or licenses.
- We may collect information relating to your business, affiliates and your appointed directors, managers, staff, and employees etc., who have been authorized by you to be a representative of your company. This information is collected and stored only for the purposes of communicating with your authorized representative on behalf of you.
- We may collect information or data derived from the interview process or the feedback received by you for the purposes to analyse such information and to provide efficient services.
- The collection and retention of your information is also dependent on how you choose to use our services.
- Any information received from any third party or the Talent during the course of your engagement with us may be stored with us and usage of such information will be as per the provisions of this policy. We may supplement the information that we collected from you (such as your email address) with additional information about you and your company obtained from publicly available and third-party databases or services that provide information about business people and companies (including an individual’s name, job title, business contact information, and company information).
- Any communication shared by you with us or any information which we receive from the Talent which might be related to you or the job, work, service, engagement as assigned to the Talent.
- We may also collect and retain data which is automatically collected by your use of our platform or website as applicable.
- Your resume including job experience, country of residence, company you represent, industry, language proficiencies and other work-related skills, National identifier or other government-issued identification number like PAN, Aadhaar number, Passport or any other photo id or address proof, date of birth, gender, citizenship and work authorization status, etc if you are opting for Career opportunities with us.
- Your race, ethnicity, or gender if you choose to provide.
- Information about your business, such as company name, size, and business type.
- You may choose to use our service to share site content with a friend, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We temporarily store this information for the sole purpose of sending this one-time email.
We do not collect sensitive personal data like; financial information such as Bank Account details or Credit Card or Debit Card or other payment related details; physical and mental or other health conditions or medical records and history; Biometric information such as fingerprints, voice & facial patterns and DNA any other sensitive information which is confidential or sensitive by its nature. We do not store information of users like the password of your email account.
Use of the Information
We use the information we gather on the web site for the purposes of:
- Providing our services.
- For our Legitimate Interests. In many cases, we handle Personal Information on the grounds that it furthers our legitimate interests in commercial activities
- To respond to any queries or request you may have or for the purposes for which it was provided to us as stated at the time of the collection (or as is obvious from the context of collection).
- To keep you informed of any administrative information related to the Platform or any other changes to the platform, terms and conditions and other such related policies.
- To maintain contacts with the Talent, Client or other contacts.
- Operating and improving our web site and platform.
- Operating, evaluating and improving our business.
- Fostering a positive user experience.
- Delivering the services that we offer to Clients and our Talent.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.
- Developing new products and services.
- Ensuring internal quality control and safety.
- Authenticating and verifying individual identities.
- Debugging to identify and repair errors with our Services.
- Auditing relating to interactions, transactions and other compliance activities.
- Enforcing our agreements and policies.
- To keep Talent, Clients and other contacts informed of the services we offer, industry developments, service offerings, seminars and other events we are holding, that may be of interest to them and for other marketing purposes.
- Complying with and enforcing applicable legal requirements, relevant industry standards, contractual obligations and our policies.
- For general management and reporting purposes, such as invoicing and account management.
- Usage can be also as per the request received from the Client. However the discretion as to such specific requests shall solely be of Uplers; and
- All other purposes related to our business.
How we Process and Protect Personal Information
- We process the personal data we collect, also by automated means, for the purposes defined above and for a specific period of time, which complies with our internal data retention policy, in order to ensure that the personal data are not kept longer than necessary. We maintain administrative, technical and physical safeguards designed to protect the personal data you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
- We and our third party service providers and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, which links you clicked on, which pages or content you viewed and for how long, other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.
- We collect feedback from Users about their experience with other Uplers Users of our Service. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service.
- We will cease to retain personal data, as soon as it is reasonable to assume that the purpose for collection of such personal data is no longer being served by such retention, and such retention is no longer necessary for legal or business purposes.
Whom we may share your Personal Data
- In addition, we may disclose personal data about you.
- If we are required to do so by law or legal process.
- To law enforcement authorities or other government officials based on a lawful disclosure request; and
- When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
- We also reserve the right to transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). From time to time, we may consider corporate transactions such as a merger, acquisition, reorganization, asset sale, or similar. In these instances, we may transfer or allow access to information to enable the assessment and undertaking of that transaction. If we buy or sell any business or assets, personal data may be transferred to third parties involved in the transaction.
- We transfer personal data between our group companies and data centers and to our clients for the purposes described above. Your personal data may be stored in databases located in India. The database is controlled by our administrative staff located in India and can be accessed electronically.
- We transfer personal data between our group companies and data centers and to our clients for the purposes described above. Your personal data may be stored in databases located in India. The database is controlled by our administrative staff located in India and can be accessed electronically.
You may have certain rights relating to your personal data provided for under applicable law. These are the right to:
- Request access to your personal data and request details of the processing activities conducted by us.
- Rectifying your personal data if it is inaccurate or incomplete.
- Request to opt-out, request restriction or object to the processing of your personal data in certain circumstances by sending request on email.
- If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- You may ask us to delete or remove your Personal Data. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
- Withdraw your consent provided at any time by contacting us.
- You may choose to unsubscribe from mailing lists, registrations, or elect not to receive further marketing information from us.
- Upon reasonable notice being given by Talent, Client or other users of withdrawal of any consent given or deemed to have been given in respect of our collection, use or disclosure of his personal data, we will inform the individual of the likely consequences of withdrawing his consent. We will cease (and cause any of our data intermediaries and agents to cease) collecting, using or disclosing the personal data unless it is required or authorised under applicable laws.
- Right of access to your personal data in order to verify that his or her personal data is processed in accordance with law; and
- If you require more information, complaint, raise concern or queries about the processing of your personal data, please write to us at firstname.lastname@example.org.
Governing Laws and Jurisdiction
This Agreement shall be governed in all respects, including validity, interpretation and enforcement, by the Laws of India. Any dispute between the Parties regarding this agreement shall be submitted to the exclusive jurisdiction of the competent courts of Ahmedabad, Gujarat.
Types & Uses – Cookies are small pieces of data stored on your device (whether mobile, computer, or laptop). These small text files are used for several purposes. Some of those purposes include the following:
There are functional cookies that are used to enhance the user friendliness of the website for site visitors.
Then comes, the Analytics cookies that use Google Analytics cookies for analysing how visitors use the website. This helps Uplers make improvements to the usability of the website.
Other than the above-mentioned two, there are third-party cookies that were used for social plugins I.e. Facebook, Twitter, LinkedIn, etc.
There are several types of cookies as well. Some include:
- First-Party Cookies
- Third-Party Cookies
- Session Cookies
- Persistent Cookies
- Secure Cookies
- HTTPOnly Cookies
- And more
For a broader idea, take a look at the below chart:
Advertising Cookies and OPT-OUT Policy
However, there is the option of opting out of the DoubleClick cookie. You can anytime disable it by clicking on this link. You can even permanently save the opt-out option on your web browser in order to avoid the Google DoubleClick cookie. Nevertheless, enabling the DoubleClick cookie will help you have great browsing experience and disabling it will make you miss out on many features of browsing our website.
We have strict security precautions to protect your information against any kind of unauthorized access. We use encryption to protect information from access both internally and externally. Only a few handful of employees are given access to the information as they need to process the work. These employees are bound by confidentiality obligations and might be subject to termination and criminal prosecution if they fail to meet the obligations. We leave no stone unturned to ensure that your information remains strictly guarded under high-security protocols.
Your Access and Control to Information
At Uplers, we make good faith efforts and allow access to our partners with their personal information, in case of corrections to the existing data or deletion of such data on request if not retained by law or for legitimate business purposes. However, to get your access to the information and make changes to it, you should identify the data you are willing to edit and request it to be accessed, corrected or removed. But, we hold the right to decline any requests that are unreasonably repetitive, unlawful, or jeopardize the privacy of others in any manner.
This document a legally binding Agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “Users”, “Site Visitors”, “Client” or “Talent”) and Uplers
Solutions Private Limited (“we,” “us” or “our”), concerning your access to and use of the www.uplers.com Website as well as any other media form, platform, media channel, mobile
Website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”, “Site Services” or “Website”).
rest of the Terms of Service.
We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might
even stop providing the Site or Site Services completely or stop providing certain features without notice.
The provisions of this Agreement apply to both the Client and the Talent or anyone who desires to use this Website. The respective rights and obligations shall be as defined under
this Agreement, respectively as mentioned.
- The content of the pages of this Site or Website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any
products, services or information available through this Website meet your specific requirements.
- When you post content on the Site or through the Site Services or provide Uplers with user content, you understand and acknowledge that you are solely responsible for such user content. Further, you represent and warrant that you have the right, power, and authority to (a) post that user content without violating the rights of third parties, and (b) grant the licenses of user content
- You acknowledge and agree that the poster of user content, and not Uplers, is responsible for any user content including any harms caused to you, another user, or a third party by such user Content.
- You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Uplers under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty- free license to use the Ideas without any additional
ompensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Uplers does not
waive any rights to use similar or related ideas, including those known or developed by Uplers or obtained from sources other than you.
- You will indemnify, defend, and hold harmless Uplers, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
- This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, user interface and graphics. Reproduction is strictly prohibited.
- All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.
- Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.
- We may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon Uplers providing such notice.
- From time to time this Website may also include links to third party websites or other websites. These links are provided for your convenience to provide further information. . The inclusion of any link or application do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Such third-party website(s) or applications are owned and operated by the third parties and/or their licensors. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via our Site is on an “as is” and “as available” basis without any warranty from Uplers for any purpose.
- Uplers is committed to complying with governing and related laws including intellectual property rights and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under related laws.
- You may not use, or encourage, promote, facilitate, or instruct, induce, or otherwise influence or cause others: (1) to use the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others, or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
- Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of India.
UNDERTAKING/OBLIGATIONS OF THE USER(s)
Intellectual Property Rights
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions;
- The Content and the Marks are provided on the Site “AS IS” for your information and personal use only;
- You undertake that, except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission;
- You acknowledge that, you are eligible to use the Site and you are granted a limited license to access and use the Site; and
- You acknowledge that, we reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
- “Confidential Information” means certain trade secrets, oral and written communications including questionnaire, online assessment and results thereof and other non-public information that we may disclose to you for the purposes of taking interviews of Talent(s), their assessment, evaluation, appraisals and for the performance of services, that is of value to us and is treated as confidential;
- Confidential Information is and will remain our sole and exclusive property;
- You undertake to hold Confidential Information in strict confidence and not to make any personal or commercial use or disclose the Confidential Information to any person (whether an individual, corporation, or other entity) under any circumstances;
- The Client undertakes not to solicit, engage or attempt to engage the Talent by using the Confidential information provided by us to you with intention to gain profit and benefit and cause loss or harm to us;
- You undertake not to copy any documents or download information from our software or online test, or to take any extracts from such documents or downloaded information;
- You undertake not to modify, reverse engineer, disassemble, create other works from, or decompile any prototypes, software, or other tangible or intangible objects;
- You undertake not to copy at any time whether in whole or in part or adapt in any way the Confidential Information;
- You undertake to take all actions reasonably necessary to ensure that the Confidential Information remains strictly confidential and is not disclosed to or seen, used or obtained by any person or entity. You agree not to contact any employees, clients, or agents or its affiliates with respect to gain Confidential Information or for the purpose of obtaining information about your assessment and all process related thereto.
- You undertake that at the end of assessment, you will return all the Confidential Information to us, and if you are not selected to be on Pool Boarding Platform of Uplers for any reasons, you will ensure that all Confidential Information in your custody in whatever form, in actual or constructive possession are returned to us.
- You undertake to take every reasonable precaution to safeguard the Confidential Information and shall exercise at least the same degree of care for this purpose as you would exercise to protect the confidentiality of your own information of the same importance provided such care is at least reasonable care.
- You acknowledge that the obligation not to disclose the Confidential Information shall remain at all times, irrespective you are selected or rejected upon assessment, and at no time you will be permitted to disclose Confidential Information.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No failure or delay in exercising any right, power, or privilege hereunder will operate as a waiver thereof nor will any single or partial exercise thereof prevent any other or further exercise thereof or the exercise of any other right, power, or privilege hereunder.
You acknowledge and agree that money damages would not be a sufficient remedy for any breach of this Undertaking, and you further acknowledge and agree that we will be entitled to seek specific performance and injunctive relief as remedies for any such breach. Such remedies will not be deemed to be the exclusive remedies for a breach of this Undertaking but will be in addition to all other remedies available at law or in equity.
You indemnify and hold us harmless and our affiliates and our respective directors, officers, employees, agents and representatives from and against any and all losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) caused by or arising out of any direct breach of this Undertaking or any direct breach for it is responsible hereunder, and any and all actions, suits, proceedings, claims, demands or judgments incident thereto.
We do not grant any licenses, by implication or otherwise, under any patent, copyright, trademark, trade secret or other rights by disclosing Confidential Information to you.
The Parties agree to first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of mediation equally. In the event that conciliation and mediation fail, any claim arising out of or relating to this Undertaking shall be settled by Arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. All hearings will be held in Ahmedabad and shall be conducted in English. The parties shall each appoint an arbitrator who shall then appoint a sole arbitrator to preside over the Arbitration proceedings.
This Undertaking shall be governed and construed in accordance with the laws of India and the State of Gujarat consents to the exclusive jurisdiction of the state courts located there for any dispute arising out of this Undertaking.
Changes to this Policy
This Policy was last updated as mentioned above and we would recommend that you look back at this notice from time to time to check for any updates. The provisions of this Policy are subject to change without Notice and it shall be your sole responsibility to check for any updates. Your continued use of the website or platform after any changes or revisions to this Policy shall indicate your agreement with the terms of such revised Policy, without prejudice to your rights under the applicable law.
By email: email@example.com