13th July, 2021
- "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)
- “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.
- “Customer/s” shall refer to the corporates that avail the Services of iMocha.
- “Services” shall mean the services provided by iMocha.
- “Site” shall mean www.imocha.io
- “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.
- “you”, “your” shall mean the User or the Customer depending on the context.
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.
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:
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
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”.
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.
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.
4. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?
ACCESSING, UPDATING, RESTRICTION FROM PROCESSING OR DELETING PERSONAL INFORMATION
This part is applicable for the Users of the Site.
1. INFORMATION WE COLLECT
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.
- 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.
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.
- 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.
- 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.
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.
2. WHAT DO WE DO WITH YOUR PERSONAL INFORMATION?
We use the Personal Information for the following purposes:
- 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;
- to inform you about our Services and to respond to your requests;
- 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);
- to manage our relationship with you;
- to provide you information that we may believe may be of your interest;
- for internal record keeping; and
- to comply with our legal or statutory obligations.
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:
- 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.
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?
This shall apply to both the Customers and Users of the Site.
1. OUR SECURITY MEASURES
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 [email protected]. If you are a resident of the EU, you have the right to lodge a complaint with a data protection authority.
4. LINKS TO OTHER WEBSITES
5. LIMITATION OF LIABILITY
6. GOVERNING LAWS AND DISPUTE RESOLUTION
7. CHANGES TO THIS POLICY
8. CONTACT US
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.