Cookie Policy for DataTracks

Effective Date: 15-11-2023

Welcome to DataTracks! When it comes to your online experience, we value clarity and candour. This Cookie Policy describes how we use cookies and similar technologies to enhance your interaction with our website, ensure the security of your account, obtain insights into website usage, and provide you with targeted advertising.

Comprehension of Cookies

Cookies are little text files. Installing cookies on your device allows us to identify you and remember your preferences when you visit our website. Other websites or services that provide content on the pages you visit may also install cookies. DataTracks collaborates with a variety of partners for advertising, marketing, and analytics; more information on these partners can be found in our Advertising section.

Cookie Varieties Used by DataTracks

We use “session cookies” and “persistent cookies.” Persistent cookies remain on your device until they expire or until you explicitly delete them. session cookies are temporary and disappear when you close your web browser. We also use “first-party cookies” (set by us) and “third-party cookies” that grant access to the collected information to other organizations.

How DataTracks employs cookies

Cookies serve multiple important purposes on our website:

Necessary

These cookies are required for the operation and protection of our website, and you cannot disable them.

Statistics

Allowing us to recognize and count visitors as well as monitor their navigation on our website enables us to improve website functionality, ensuring that users can easily locate the information they seek.

Preferences

These cookies are used to identify returning visitors to our website. This allows us to personalize our content for them and remember their preferences (such as their preferred language or region).

Marketing

These cookies monitor the pages that users view and the links that they click when they visit our website. By using this data, we may better target our website’s advertising to the interests of its users and improve the relevancy of our website.

Your Cookie Selections

You have the option to modify your cookie preferences at any time regarding personalization, analytics, and advertising cookies. The majority of web browsers accept cookies by default, but you can modify your browser settings to reject cookies if you prefer.

Contacting Us

Please contact us if you have any queries or concerns about our use of cookies or our privacy practices.

Name : Viswanath S
Email ID : cfo@datatracks.com
Contact number : +91-44-40089000

Last Updated: Nov 15, 2023

Terms of Use

1. Scope of Service:

The Service shall provide output documents specified by you in the Order from input documents provided by you at the time of placing the order, subject to DataTracks receiving the amounts payable for provision of such service in full.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with DataTracks, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom.

2. Our acceptance of contract

When you place an order on the DataTracks website to avail our Services, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to provide a Service. Our acceptance of this order is complete only when we receive payment in full upfront against the order or within a mutually agreed credit period. We may refuse to provide any Service if we do not have sufficient capacity to provide the same within the turnaround time that you have requested.

3. Provision of Services by DataTracks

• DataTracks would use the services of affiliated entities in the course of providing these Services. You acknowledge and agree to DataTracks’ rights to use such affiliates.
• DataTracks is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which DataTracks provides may change from time to time without prior notice to you.
• As part of this continuing innovation, you acknowledge and agree that DataTracks may stop providing the Services (or any features within the Services) to you or to users generally at DataTracks’s sole discretion, without prior notice to you.
• You may stop using the services at any time. You do not need to specifically inform DataTracks when you stop using the services.
• You acknowledge and agree that if DataTracks disables access to your account, you may be prevented from accessing the services, your account details or any files or other content that is contained in your account.
• DataTracks would use all commercially reasonable efforts to provide the output documents before the deadline. However, DataTracks is not responsible for any delay in providing the output documents that arise from: (1) insufficient or inconsistent or erroneous inputs, (2) incorrect determination and payment of fees that arises from errors in provision of information by you, (3) delay in placement of order after publication of prices by DataTracks, (4) delay in uploading of inputs after payment of fees beyond the deadline specified for uploading file (5) unforeseen circumstances including acts of god, war, natural calamities etc.
• DataTracks has the option of changing prices from time to time. The price for each individual order will be based on the prices prevailing when the order was placed, and will not be affected by any subsequent change in prices.
• DataTracks will be collecting a “Capacity Blocking / Reservation fee (not exceeding 10% of the price payable for the Service) from certain categories of users who want to ensure that sufficient capacity is available with DataTracks for providing the Services when the input files are uploaded at a later date. This fee is non-refundable and will be forfeited in case the user does not subsequently require the Services. This fee will be treated as an advance and will be adjusted at the time of the balance payment.
• DataTracks cannot be held liable for unauthorised access to the information provided to us (for example, if the firewall around the server is breached or for losing data transmitted to us (for example, if the servers crash). The user is also expected to retain a copy of the data provided to us.

4. Electronic communications

When you visit our website or send e-mails to us, you are communicating with us electronically. We communicate with you by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

5. Use of the Services by you:

In order to access our services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services. You agree that any registration information you give to DataTracks will always be accurate, correct and up to date.

You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DataTracks, unless you have been specifically allowed to do so in a separate agreement with DataTracks. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You confirm that whenever you are performing any task on behalf of your clients (including but not limited to uploading of files), you have the necessary permission of your client in doing so, and you will hold DataTracks harmless for any unauthorised action on your part.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

DataTracks is not responsible for any loss or damage arising directly or indirectly from any error in the provision of inputs, any misuse or any breach, willful or otherwise, by you. In any case, the total liability of DataTracks for any claims of whatsoever nature, consequential or otherwise, arising from DataTracks providing you a Service, shall be limited to the amount actually paid by you for the specific instance where such Service was provided.

DataTracks will hold your data in a user accessible format for 30 days from the date of uploading the deliverables. It is your responsibility to access our website and download the deliverables within this 30-day period. You acknowledge that you will access the website and check for the availability of deliverables periodically after the deadline, and DataTracks shall not be responsible for reminding you of the availability of deliverables on the website beyond the first email.

6. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not DataTracks, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
• to cause annoyance, inconvenience or needless anxiety
• to copy any or all photos, media, wordings or content for self or commercial usage or for distribution to 3rd party
• to alter / deface the DataTracks website

7. Reviews, comments, communications and other content:

Users of this website may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. DataTracks reserves the right (but not the obligation) to remove or edit any content.

8. Proprietary rights

You acknowledge and agree that DataTracks owns all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with DataTracks, nothing in the Terms gives you a right to use any of DataTracks’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorised to do so in writing by DataTracks, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

9. Termination of Service

The Terms will continue to apply until terminated by either you or DataTracks as set out below.

DataTracks may at any time terminate its legal agreement with you if:

• You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
• DataTracks is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
• DataTracks is no longer providing the Services to users, or
• The provision of the Services to you by DataTracks is, in DataTracks’s opinion, no longer commercially viable.

When these Terms come to an end, all the legal rights, obligations and liabilities that you and DataTracks have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

You may have the right to cancel the contract with DataTracks within 24 hours from the time you have placed the order.

Refunds can be requested by email: cfo@datatracks.co.uk and stating the reasons why one is sought. Refunds will be at the sole discretion of DataTracks. In situations where we deem that a refund is warranted, we reserve the right to deduct such amounts as we view are reasonable to cover the costs of our administration and other incidental costs incurred.

10. Exclusions

DataTracks, its parent, its subsidiaries and affiliates do not represent to you that:

• Your use of the services will meet your requirements,
• Your use of the services will be uninterrupted, timely, secure and free from error,
• Any information obtained by you as a result of your use of the services will be accurate or reliable, and
• Any material downloaded or otherwise obtained using the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

You acknowledge and agree that you are responsible for the accuracy and fitness for purpose of the output provided and DataTracks does not warrant expertise in applicable laws or regulations and, in providing the Service, relies upon careful review and evaluation by suitable professionals before the deliverables provided under the Service are used for the intended purpose.

DataTracks is not responsible for any loss or damage arising from connecting to the website to your network, systems or other assets. You agree that it shall be your responsibility to safeguard your network, systems and other assets against intrusion, interference, malware, or other unwanted changes.

11. Limitation of liability

You expressly understand and agree that DataTracks, its parent, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

• Any direct, indirect, incidental, special, consequential or exemplary damages, fines or other regulatory penalties which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, or other intangible loss;
• Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
• any reliance placed by you on the completeness, accuracy or existence of any advertising
• any changes which DataTracks may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
• the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
• Your failure to provide DataTracks with accurate account information;
• Your failure to keep your password or account details secure and confidential. The above shall apply whether or not DataTracks has been advised of or should have been aware of the possibility of any such losses arising.

DataTracks, its affiliates, agents and contractors who DataTracks use to provide the Services shall be liable for any losses, damages, costs or expenses that arise from or their negligence, willful default or fraud.

12. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

13. Governing law and jurisdiction:

These conditions are governed by and construed in accordance with the laws of the United Kingdom and GDPR without regard to its conflict of the law’s provisions. You and DataTracks agree to submit to the exclusive jurisdiction of the courts located within the United Kingdom and GDPR to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DataTracks shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

14. Alteration of Service or Amendments to the Conditions:

We reserve the right to make changes to our website, policies, and these Terms of Service at any time. You will be subject to the policies and Conditions of Terms of Use & Service in force at the time that you use the website or that you place your order with us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

15. General legal terms

This agreement, together with the Terms of Use and the Privacy policy governing all users of our website, constitutes the entire agreement between you and DataTracks and completely replaces any prior understanding or agreements between you and DataTracks in relation to the Services.

You agree that DataTracks may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if DataTracks does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DataTracks has the benefit of under any applicable law), this will not be taken to be a formal waiver of DataTracks’s rights and that those rights or remedies will still be available to DataTracks.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, the remaining provisions of the Terms will continue to be valid and enforceable and will be removed subsequently without affecting the rest of the terms.

You acknowledge and agree that each affiliated company of DataTracks shall be a third-party beneficiary to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third-party beneficiary to the Terms.

16. Data protection and data processing

16.1 Both parties will comply with General Data Protection Regulation [(EU) 2016/679] as amended or re-enacted (“Data Protection Legislation”). This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

16.2 The parties acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and DataTracks is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

16.3 Without prejudice to the generality of clause 16.1, DataTracks shall, in relation to any Personal Data processed in connection with the performance of its obligations under this agreement:

16.4 Currently, DataTracks is not required to appoint a Data Protection Officer. DataTracks shall employ a Data Protection Officer at a later date, if the Data Protection Legislation requires it to do so.

16.5 DataTracks shall engage a sub-processor only with the prior consent of the Controller; Controller hereby acknowledges that Services are provided by DataTracks through its affiliates that are situated outside the European Economic Area and thus, gives approval to DataTracks to transfer Controller Data from the EEA to outside the EEA for the provision of Services. DataTracks warrants that it imposes the same obligations on its affiliates outside the EEA as those which are imposed on it under the Data Protection Legislation.

17. Confidentiality

17.1 DataTracks undertakes that it will not disclose any confidential information concerning your business, affairs and any information which is non-public, confidential, or proprietary in nature without your prior written consent, except:

17.2 DataTracks shall not use confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

IE - Code of Conduct

General

DataTracks is committed to upholding the highest standards of conduct. The standards, improved from time to time, apply to DataTracks, its directors, officers and employees.

The standards are not exhaustive. The underlying principle of high standards applies to all issues, even if they are not covered specifically in the standards. DataTracks CEO or directors can be contacted to get answers to any questions relating to these standards.

Directors, Officers and Employees are expected to bring all violations to the attention of any non-executive member of the Board of Directors. Please send emails to the CEO.

Corporate Citizenship

DataTracks shall be a good corporate citizen and shall comply with the letter and spirit of all laws governing its operations conduct its affairs in accordance with best moral, professional, legal and ethical standards.

Fair Dealing

DataTracks shall deal with customers, suppliers, government, employees, competitors and community in a fair manner with honesty, integrity and ethics. DataTracks shall not strive to take unfair advantage through any unfair practice.

Fair Behaviour in Market Place

DataTracks intends to be competitive in adding value to its customers in the marketplace. However, DataTracks shall be lawful and fair while being competitive. DataTracks shall not indulge in violating laws applicable to competitive behaviour. DataTracks shall not indulge in securing a competitive advantage through illegal or unlawful means. Collection of intelligence about competition shall be through lawful means alone.

DataTracks respects the intellectual property rights of its customers, suppliers and competitors fully. DataTracks' behaviour in respecting intellectual property rights shall strive to comply with laws that apply to its market in the United Kingdom and GDPR, in addition to the laws that apply to its operations.

Equal Opportunity Employer

DataTracks is an equal opportunity employer. DataTracks shall not discriminate based on gender, nationality, race, colour, religion, marital status or age. DataTracks believes diversity of people in the company adds value to the business. Hiring, promotion and compensation decisions shall be entirely based on fitment, appropriateness to work demands and market conditions alone.

Health and Safety

DataTracks shall strive to provide and maintain a safe and healthy work environment. Compliance with all health and safety-related laws and regulations is a minimum commitment. DataTracks expects its directors, officers and employees to be aware of the health and safety policies and practices and help all customers, contractors, and visitors comply with these policies and practices while on DataTracks' premises or while working on behalf of DataTracks. DataTracks directors, officers, employees and contractors designated to work in customer or supplier environments shall comply with the health and safety policies and practices in force in such environments. All accidents, however minor, are reportable to HR.

Environment

DataTracks cherishes the need to keep our environment sustained for the future. DataTracks shall comply with all laws and regulations relating to the protection of the Environment. DataTracks shall be prompt in responding to any threats to the Environment. DataTracks shall cooperate to the maximum extent with the Community in protecting the Environment. DataTracks shall comply with all record-keeping and reporting obligations.

Financial Integrity and Reporting

DataTracks shall maintain its accounts and report financial results in a true and fair manner consistent with applicable financial standards. DataTracks shall maintain sufficient business and reporting controls consistent with its size to protect stockholders’ interests. DataTracks will not falsify records or reports.

Improper or Questionable Payments

DataTracks shall not make improper or questionable payments of company funds to anyone for obtaining or retaining business or securing any improper advantage.

Political and Charitable Contributions

DataTracks shall not fund or support any specific political party or candidate for political office. DataTracks assets shall not be used for any political campaigns. DataTracks will not interfere with the employees’ right to have their own views on politics. Use of the DataTracks name to endorse a charitable organization or event is not permitted without the prior approval of the Board.

Government Inquiries

DataTracks is committed to fairness, honesty and integrity in dealing with the government and regulatory agencies with which we interact.

DataTracks and its employees, agents and contractors must cooperate with appropriate government inquiries and investigations. However, it is important to protect the legal rights of DataTracks with respect to its confidential information. No financial information may be disclosed without the prior approval of the Chief Executive Officer.

Conflicts of Interest

DataTracks expects its directors, officers and employees to have no conflict of interest in their dealings on behalf of DataTracks, in their dealings in the marketplace or in their dealings with each other. In the unfortunate event of a conflict of interest arising, directors, officers and employees are expected to disclose such a conflict immediately to the CEO and an independent director.

Conflicts of interest arise, among other instances, when a director, officer or employee competes with DataTracks business while being engaged with DataTracks directly or indirectly converts DataTracks business opportunity into a personal opportunity for him/her or relatives, uses privileged information received in the course of business for personal gain, uses business assets/property for personal purposes, uses business hours for unrelated purposes, receives improper personal benefits due to his/her position in DataTracks accepts gifts or value from anyone dealing with DataTracks or from a competitor, owns a material interest in any competitor, customer, supplier.

Confidentiality

All confidential or proprietary information received in the course of business from customers and suppliers is to be treated confidentially and protected against disclosure and improper use.

Every director, officer and employee of DataTracks shall enter a legally enforceable “covenant to not disclose confidential information”. This obligation shall survive the termination of the engagement with DataTracks.

DataTracks shall not forgive wilful disclosure of confidential information and shall pursue maximum legal remedy and punishment for wilful disclosure. DataTracks shall have in place systems and policies to prevent unauthorised access to premises, systems and data and to prevent unauthorised recording or copying of data.

Every director, officer and employee shall fully respect these policies in letter and spirit. Information already available in the public domain or known prior to disclosure by the customer is not considered confidential or proprietary. Disclosure under compulsion from law is not a violation of this covenant.

Sexual Harassment

Sexual harassment includes deliberate or repeated unsolicited verbal comments, gestures or physical contact of a sexual nature, including unwelcome sexual advances, requests for sexual favours and other verbal or physical contact of a sexual nature when submission to such conduct is expected explicitly or implicitly for hiring, promotion, compensation and other employment decisions or for a non-hostile work environment. Every director, officer, and employee shall ensure such conduct is avoided. All complaints shall be handled in a timely, confidential and independent manner.

Use of Business Assets

Every director, officer, and employee shall safeguard and protect all assets, including intangible assets, of DataTracks in their individual or collective custody. Such assets shall not be used for any unrelated purposes or any personal benefits/purposes. Funds taken from DataTracks shall be properly accounted for. Personal expenses or payments shall not be claimed as or treated as business expenses. DataTracks technology assets are to be used exclusively for the purposes of DataTracks' business. Unauthorised access, use or extraction of data is prohibited. Access to the internet is restricted to business purposes. All inward/outward communications through business assets, all data held in business assets, are exclusively the property of DataTracks and are subject to being monitored for appropriateness.

DataTracks prohibits the use of unauthorised or pirated software. All software installed on business assets should be legally usable by DataTracks. Unauthorised installation of software is prohibited.

Intellectual Property

DataTracks expects its directors, officers and employees to help develop and protect its intellectual property. All work/products created by directors, officers or employees while in employment are the exclusive property of DataTracks.

Personal Relationship and Activities

DataTracks cherishes professionalism and objectivity. Employees are discouraged from having personal relationships (other than simple friendship) with anyone who is:

• Employed by DataTracks and reporting to them
• * Dealing with DataTracks as a customer or supplier through them

DataTracks employees, while free to pursue their views as citizens, are expected not to bring harm to DataTracks or its customers’ reputation or image through their non-employment activity. DataTracks reserves the right to determine whether any act is likely to harm reputation or image.

Internet, Email and Voice Communication

DataTracks employees must exercise good judgment and act in a professional manner in communicating with outsiders (through letters, telephone conversations, voice mails, emails, chats, postings etc.) whenever they communicate on behalf of DataTracks or its customers or whenever they communicate using a legitimately provided address of DataTracks or its customers or whenever they communicate using the premises/technology assets of DataTracks or its customers. All communication from DataTracks premises/assets or on behalf of DataTracks (or its customers) is DataTracks' property.

Drug and Alcohol Abuse

Substance abuse, including manufacture, sale or use of controlled substances in DataTracks premises or while on DataTracks business, is prohibited.

Exclusivity of Employment

Employment as a whole-time director, officer or employee with DataTracks is full-time. Acceptance of other employment while with DataTracks is prohibited unless waived in writing.

Transactions with Related Parties

Dealing with relatives or oneself on behalf of DataTracks is prohibited. Relatives include spouse, siblings, children, parents, grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, step relationships, and in-laws. If such a deal is unavoidable, in each such instance, prior written approval must be obtained from the Board of Directors and the CFO.