Privacy Policy

13th July, 2021

iMocha is engaged in the business of providing services to various corporates, which help them evaluate their existing employees or evaluate and recruit any prospective employees. iMocha recognizes the importance of privacy. In this policy (“Privacy Policy”), we describe how we collect, use, handle and disclose personal information. Such personal information may relate to the users of our website or the Prospective Employee/Employees of our customers.

Definitions:

  1. "iMocha”,"MOCHA TECHNOLOGIES INC", "we”, "us”, or "our” shall refer to the iMocha group of entities, which includes Mocha Technologies Inc and all of its subsidiaries. (Tecknack Technologies Pvt Ltd)
  2. “Prospective Employee/Employees” shall mean the candidates applying for jobs with the Customers and/or the employees of the Customer who are evaluated through the Services provided by iMocha.
  3. “Customer/s” shall refer to the corporates that avail the Services of iMocha.
  4. “Services” shall mean the services provided by iMocha.
  5. “Site” shall mean www.imocha.io
  6. “User/s” shall mean those who visit the Site, contact us through the Contact Us option or provide their details and sign up for an account or Services on the Site.
  7. “you”, “your” shall mean the User or the Customer depending on the context.

Your use of our Site or Services, and any dispute over privacy, is subject to this Privacy Policy and the Terms of Service available on our Site.

Please read this Privacy Policy carefully

a. GDPR

For residents of the EU, please note that this Privacy Policy has been updated in accordance with the requirements of the EU General Data Protection Regulation (“GDPR”).

As a data subject, you will have the following rights:

Access: You may request a copy of your personal data that we process.

Data portability: You may request to obtain the personal data that you have provided to us or to have said data transferred to a third party in a structured, commonly used and machine-readable format.

Erasure: You may demand that we erase all of your personal data unless we are required by law to keep the data for a certain period of time.

Information: You are entitled to receive information concerning which categories of your personal data that We process and how they are processed.

Objection: You may object to our use of your personal data for the purpose of direct marketing, including profiling for direct marketing purposes. You may also object to being subject to a decision based solely on automated processing, including profiling, which produces legal effects that significantly affect you.

Rectification: You may require your personal data to be rectified or supplemented.

Restriction: You may request that we restrict the processing of your personal data.

iMocha’s GDPR Commitment available at https://www.imocha.io/security/gdpr is to be considered as the part and parcel of this Privacy Policy.

b. California Residents Specific Rights

To the extent you are a 'consumer' as defined under the California Consumer Privacy Act of 2018 ("CCPA") and iMocha (iMocha Technologies) is a 'business' as defined under CCPA, the following applies to you:

Subject to the provisions of the CCPA, you have the right to request in the manner provided herein, for the following:

i) Right to request for information about the:

  • Categories of Personal Data iMocha has collected about you.
  • Specific pieces of Personal Data iMocha has collected about you.
  • Categories of sources from which the Personal Data is collected.
  • Business or commercial purpose for collecting Personal Data.
  • Categories of third parties with whom the business shares Personal Data.

ii) Right to request for deletion of any Personal Data collected about you by iMocha.

If you seek to exercise the foregoing rights to access or delete Personal Data which constitutes 'personal information' as defined in CCPA, please contact us at [email protected]. We respond to all requests we receive from you wishing to exercise your data protection rights within a reasonable timeframe in accordance with applicable data protection laws. By writing to us, you agree to receive communication from us seeking information from you in order to verify you to be the consumer from whom we have collected the Personal Data from and such other information as reasonably required to enable us to honor your request.

The collection, use, and sharing of personal data are enlisted under the heads

Information we collect
How we use your Information
To whom we disclose your information

Separately, iMocha does not sell your Personal Data.

c. Non-EU residents

For Non-EU residents, by continuing to use the Services or access the Site, you agree to this Privacy Policy. If you do not agree with this Privacy Policy, you may not avail the Services or access the Site.

To make it easier for you to read and understand the parts of this Privacy Policy that apply to you, we have divided the Privacy Policy into two different parts that are specifically applicable to the Customers (Part A), and the Users (Part B). Part C shall apply to both the Customers and Users.

Part A

This part is applicable to the Customers that avail our Services.

1. INFORMATION WE COLLECT

For the purpose of our Services, you understand that we process the information collected from or provided by the Prospective Employee/Employees as a data processor only as per the instructions provided by you. You shall have the control over any information that we collect from the Prospective Employee/Employees in the course of providing you the Services.

Further, you understand that we may receive certain information including some sensitive personal information relating to the Prospective Employee/Employees if you choose the relevant options on the Site and you agree that you shall be responsible for obtaining all the necessary consents from the Prospective Employee/Employees as required; such consent shall include the consent required under Art 9 (2) (b) of the GDPR to process any information relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric or health data of the Candidate/Employee as specified in Art. 9 of the GDPR.

For the sake of brevity, for the purpose of Part A, the aforementioned information of the Candidates/Employee shall be referred to as “Personal Information”.

Legal Basis (for residents of the EU): We will not process any Personal Information without a lawful basis to do so. We will process such Personal Information only on the legal bases of consent [as provided in Art. 6 (1) (a) of the GDPR], contract [as provided in Art. 6 (1) (b) of the GDPR], or on the basis of our legitimate interests [as provided in Art. 6 (1) (f) of the GDPR], provided that such interests are not overridden by the privacy rights and interests of the Prospective Employee/Employees.

2. HOW WE USE YOUR INFORMATION

We may use the Personal Information for the following purposes:

Providing Our Services – We may use the Personal Information to provide our Services to you; to communicate with you, including via email, about your use of our Services; to respond to your enquires; and for other customer service purposes.

To Protect Rights and Interests - We may use the Personal Information to protect our rights and interests as well as the rights and interests of our Customers, as well as to enforce this Privacy Policy and our Terms of Service.

Complying with the Law - We may disclose your Personal Information in order to comply with our legal obligations/ court orders/ requests by Govt. authorities.

3. TO WHOM DO WE DISCLOSE YOUR INFORMATION

We may disclose the Personal Information, in the following ways:

Business Transfers - We may disclose your information to another entity if we are acquired by or merged with another company, if we sell or transfer a business unit or assets to another company, as part of a bankruptcy proceeding, or as part of any other similar business transfer.

Legal Compliance - We may disclose your information in order to comply with the law, regulation, a judicial proceeding, subpoena, court order, or other legal process, including informal law enforcement or governmental requests for information.

Protecting Rights and Interests - We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or this Privacy Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information - Where permitted by law, we may disclose aggregate, anonymous, or de-identified information for marketing, advertising, research, or other purposes.

4. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

We will retain the Personal Information for as long as it is required to be retained for the purpose of provision of the Services and to comply with our legal obligations. Subject to this section, we will try to delete the Personal Information upon reasonable written request from you for the same. Please note, however, that there might be latency in deleting Personal Information from our servers. For more information on where and how long the Personal Information is stored, please contact [email protected]

ACCESSING, UPDATING, RESTRICTION FROM PROCESSING OR DELETING PERSONAL INFORMATION

Prospective Employee/Employees who appears for the assessment for you can get their Personal Information modified or deleted by writing to you. When you receive any such requests from the Prospective Employee/Employees you may write to [email protected] instructing us to modify or delete any such Personal Information of the Candidate/Employee. Personal Information will be deleted within 30 working days. Similarly, if you receive any requests relating to withdrawal of consent or restriction from processing Candidate/Employee’s Personal Information please write to us at [email protected]. Please note that once the Personal Information is deleted it cannot be retrieved.

Part B

This part is applicable for the Users of the Site.

1. INFORMATION WE COLLECT
  1. Information You Provide Us - Depending on your interactions with our Site (such as the use the “Contact Us” or “Sign up” feature of our Site), you may provide us your name, username, email address, and country of residence and other personal information. Please make sure that any personal information you share with us is accurate and up to date information. If you are sharing any personal information or consenting to this policy on behalf of any third person, customer, partner, organisation, you warrant and acknowledge that you-

    i) Are solely responsible for ensuring that the relevant data subjects have been provided with all necessary information in respect of this Policy

    ii) Have a lawful basis to transfer the personal data to us.

    iii) Have sufficient power of authority to execute such consent.

  2. Information About You We Obtain from Third Parties - We may obtain certain information about registered administrator accounts from a third party system to determine IP address location information, or from a third party system (such as a recruiter) that integrates with our system that sends us data via our API to allow you to use the Services on our Site.
  3. Information We Collect Automatically - We automatically collect information through your use of our Site using cookies and other technologies. This information may include, without limitation, your domain name, operating system, settings and system configurations, IP address, the webpages you access within our Site, the website that led you to our Site, the website to which you go after leaving our Site, the dates and times you access our Site, and web log data. You can refuse the use of cookies by selecting the appropriate settings on your browser software.
    You may browse and use certain portions of our Site without directly providing us with any personal information. Certain features, however, may only be used by the Customers that are registered users.
    We also collect certain non-personal information on the way you use the Site, through tools such as described below. This is done primarily to enhance user experience. These tools collect certain information which helps us understand how many visitors have visited the Site and also, their behaviour.
  4. Clear GIFs, pixel tags and other technologies - Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web pages. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Site to track the activities of Users on our Site, help us manage content, and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in HTML emails to our Users, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
  5. Local Storage Objects - We may use Flash Local Storage Objects ("Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
  6. Google Analytics- We use service providers, such as Google Analytics which is a web based service provider by Google Inc. (“Google”) and provides demographics and interest’s reports as well as advertising reporting features, to evaluate the use of our Site and our Services. Google Analytics uses cookies, text files that are stored on your computer and enable analysis of your use of the Site. The information generated by the cookies about your use of this Site are usually transferred to a server of Google in the US and stored there. In case of activation of IP anonymization on this Site your IP address from Google will be truncated within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address is transmitted to a Google server in the US and shortened there. You can refuse the use of cookies by selecting the appropriate settings on your browser software. You can also prevent the data generated by the cookie and related to your use of the Site to Google and the processing of these data by Google, by selecting the in the following link (https (including your IP address.): // Download tools.google.com/dlpage/gaoptout?hl=de) available browser plug-in and install it.

For the sake of brevity, for the purpose of Part B, the aforementioned information which is personally identifiable to you and collected by us under points a, b, c, d and e above shall be referred to as “Personal Information”.

Accuracy of information. Please make sure that any Personal Information you share with us is accurate and upto date. If you are sharing any Personal Information on behalf of a third person, you should ensure that you are authorized to do so.

As per the provisions of the GDPR we shall be considered the Controllers of the aforementioned Personal Information.

2. WHAT DO WE DO WITH YOUR PERSONAL INFORMATION?

We use the Personal Information for the following purposes:

  1. if you provide your Personal Information for setting up an account, we shall create an account for you and to provide you with the Services;
  2. to inform you about our Services and to respond to your requests;
  3. for creation or development of business intelligence or data analytics in relation to the Services provided by us (for this purpose we may share the Personal Information with certain software or tools available online);
  4. to manage our relationship with you;
  5. to provide you information that we may believe may be of your interest;
  6. for internal record keeping; and
  7. to comply with our legal or statutory obligations.

Legal Basis (for people from the EU): We will not process your Personal Information without a lawful basis to do so. We will process your Personal Information only on the legal bases of consent [as provided in Art. 6 (1) (a) of the GDPR], contract [as provided in Art. 6 (1) (b) of the GDPR], or on the basis of our legitimate interests [as provided in Art. 6 (1) (f) of the GDPR], provided that such interests are not overridden by your privacy rights and interests.

3. WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO?

We do not sell, rent, share, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Information in the following cases:

  • Affiliates: We may provide your Personal Information to our affiliates to enable them to assist, help and further our provision of the Services to you. We may combine information internally across the different Services covered by this Privacy Policy to help our Services be more relevant and useful to you.
  • Service Providers: We may share your Personal Information with the service providers who work with us in connection with operating the Site and/ or providing the Services. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Policy.
  • Merger or Acquisition: We may transfer your Personal Information if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the Website, to a third party. Any such third party or resultant entity that receives your Personal Information shall have the right to continue to use your Personal Information in line with the purposes set out herein. In the event of such a sale or transfer, we may notify you.
  • Legal and Regulatory Authorities: We may disclose your Personal Information in order to comply with our legal obligations/ court orders/ requests by Govt. authorities.
4. TRANSFER OF YOUR PERSONAL INFORMATION ACROSS BORDERS (FOR EU RESIDENTS)

a. Please note that your Personal Information may be transferred outside the country in which you are located, including to United States of America and India. We have a worldwide presence through our sister concerns/ regional sales/ delivery centers. The Personal Information we collect (of EU residents) might be processed outside the EU at a secure center located in the USA. We collect and transfer Personal Information outside the EU in accordance with EU data protection laws. We will ensure that any such transfers of Personal Information (outside the EU) will be in accordance with the GDPR. If you have questions, please write to us at [email protected].

b. Our employees in India may access Your personal data in connection with updates, support or any software enhancement. You acknowledge that we may transfer your personal data for the aforementioned purposes to the following processors:

Tecknack Technologies Pvt. Ltd.
CIN U72900PN2019FTC182997
SR NO - 691/A/1B, CTS NO - 1901 Break Hotel Lane, Plot No-7, Kohinoor House,
Pune – 411037, Maharashtra, India

5. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

We endeavor to only collect Personal Information that is necessary for the purposes for which they are collected, and to retain such Personal Information for no longer than is necessary for such purposes. The length of time for which the Personal Information is retained, and criteria for determining that time, are dependent on the nature of the Personal Information and the purpose for which it was provided. Subject to this section, we will try to delete your Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers. For more information on where and how long your Personal Information is stored, please contact [email protected].

Part C

This shall apply to both the Customers and Users of the Site.

1. OUR SECURITY MEASURES

Your Personal Information is stored on Microsoft Azure Cloud located at US, Singapore and Europe. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as these systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liabilities or responsibilities for it. You are required to be careful to avoid “phishing” scams, where someone may send you an e-mail that looks like it is from us asking for your Personal Information.

2. CHILDREN

Our Site is not targeted to children under thirteen (13) years of age (sixteen (16) for EU residents unless provided otherwise by applicable law) nor do we knowingly collect personal information from children under thirteen (13) (sixteen (16) for EU residents) unless provided otherwise by applicable law). If we discover that a child’s data is in the system without adult consent, we will promptly delete such Personal Information from our systems. We encourage children to obtain their parent's or guardian's permission before sharing personal information with any website.

3. YOUR CHOICES

We take reasonable steps to ensure the Personal Information that iMocha collects, uses or discloses is accurate, complete and up-to-date. You as a subscribed User may modify your Personal Information by updating your account on our Site or through our Contact Us page on the Site. On request, we will give you access to the Personal Information we hold about you. If any Personal Information we hold about you is out of date or inaccurate, we encourage you to let us know by contacting us using one of the methods listed above and ask us to correct it. Additionally, you have the right to have us erase/delete your Personal Information, right to restrict us from processing such Personal Information, right to object to our use of your Personal Information. If you would like to exercise ANY of these rights, please contact suppor[email protected]. If you are a resident of the EU, you have the right to lodge a complaint with a data protection authority.

If you are a registered User, we may send, (with your prior consent if you are outside the EU), periodic informational emails to you. You may opt out of such communications at any time by following the opt-out instructions contained in the email. Please note that it may take up to five (5) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us provided that you have not opted-out of receiving such emails.

4. LINKS TO OTHER WEBSITES

This Site contains links to other websites. We are not responsible for the information handling practices or content of these external websites. Please ensure that you read the terms and conditions and privacy policies of these third parties before using such websites.

5. LIMITATION OF LIABILITY

To the extent permissible under the law, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, information, details or other intangible losses (even if we have been advised of the possibility of such damages), arising out of this Privacy Policy.

6. GOVERNING LAWS AND DISPUTE RESOLUTION

This Privacy Policy shall be construed and governed by the laws of Delaware, USA. The parties agree to negotiate in good faith to resolve any dispute between them regarding this Agreement. If the negotiations do not resolve the dispute to the reasonable satisfaction of parties, then each party’s CEO or their designee (“Representatives”) shall, within thirty (30) days of a written request by either party to call such a meeting, meet either in person or through any other media and alone (except for one assistant for each party) and shall attempt in good faith to resolve the dispute.

For any EU residents, this Privacy Policy shall be governed by the provisions of the GDPR.

7. CHANGES TO THIS POLICY

We may update this Privacy Policy from time to time. We shall provide you with an email notification indicating any material changes in the Privacy Policy. Additionally, you are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it.

This Privacy Policy was last modified on 13th July 2021.

8. CONTACT US

a. If you wish to utilise your rights of access, information, rectification, erasure, restriction, data portability or the right to object to the processing of personal data or if You have questions or requests regarding this privacy policy, our processing or wish to file a complaint, you can contact our Data Processing officer/ Grievance Officer, Ms. Neha Kulkarni at [email protected].

b. We will investigate all complaints and if a complaint is found justified, we will take all reasonable steps to resolve the issue.

c. To guard against fraudulent requests, we may require sufficient information to allow us to confirm that the individual making the request is authorised to do so.