1.2 Information provided under the website or sites: Occasionally, we may use certain information that we have collected to send You information about programs or services offered by FormativeAge, its partners, authorized representatives. If you are providing PI or SPDI and are not a resident of India, your country’s laws governing data collection and use may differ from those in India, in particular, the India may not provide the same level of protection as those in your own country. By providing information to FormativeAge, you are transferring your personal data (including PI and SPDI) to the India, and you consent to the transfer to, retention of and processing of your data in the India.
If you are providing PI or SPDI and are not a resident of India, your country’s laws governing data collection and use may differ from those in India, in particular, the India may not provide the same level of protection as those in your own country. By providing information to FormativeAge, you are transferring your personal data (including PI and SPDI) to the India, and you consent to the transfer to, retention of and processing of your data in the India.
2.1 You agree and confirm that FormativeAge may collect, store, process, disclose and transfer the SPDI collected about you to any of its affiliates, agents or third party service providers in connection with the products and services or courses you have sought from, or to provide better services to you or to ensure compliance with a legal or contractual obligations of FormativeAge. The purpose for which FormativeAge would collect and use your SPDI includes instances set out in clause 3.2 below. The types of third parties (whether in India or abroad) that your SPDI could be disclosed to, includes the types of third parties mentioned in clause 5 below. You confirm that the SPDI so far collected, stored, processed, disclosed and transferred by FormativeAge in the course of your engagement for the above purposes shall continue to be used by FormativeAge strictly in accordance with the applicable laws.
2.2 Personal Information (the “PI”) for the purposes of this Policy, refers to any information that relates to a natural person which either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person such as name or address and to be read with the relevant internal policies including that of its associates and subsidiaries or group companies of FormativeAge.
2.3 Sensitive Personal Data or information of a person (the “SPDI”) for the purposes of this Policy, shall be the same as defined in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPDI”) Rules, as amended from time to time; i.e
(ii) Financial information such as bank account or credit card or debit card or other payment instrument details;
(iii) Physical, physiological and mental health condition;
(iv) Sexual orientation;
(v) Medical records and history;
(vi) Biometric information;
(vii) Any detail relating to the above clauses as provided to us for providing services; and
(viii) Any of the information received under any of the above clauses by us for
Provided that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Information for the purposes of this Policy.
2.3 Information Provider For the purposes of this Policy, refers to a natural person or individual who provides PI or SPDI to FormativeAge. In this Policy, the Information Providers are referred to as ‘You’.
3. Purpose of collection and use of SPDI
3.1 FormativeAge will ordinarily collect PI (including email addresses, phone numbers, business and home address, as well as demographic information such as courses or areas of study in which you may be interested) or SPDI that it believes is necessary for any purpose connected with a function or activity necessary to deliver, promote or market services or to carry out primary business functions and/or activities, comply with applicable regulations or in capacity as an employee or a counterparty to agreement with individuals. Ordinarily, FormativeAge will collect such PI or SPDI about You when You provide it or You have consented to provide the information or where it is required by law, as applicants, through online registration forms, as well as offline, through assessment, events, survey respondents. To the extent that information requested is not required for your participation in a given FormativeAge program / course, you will be told which information is optional. Should you fail to provide optional information certain FormativeAge programs or features of the site may not be available to you.
3.2 In general, we would be collecting / handling/ storing /using or transferring your SPDI for the following, including but not limited to:
3.2.1 complying with legislative and regulatory requirements
3.2.2 providing agreed services to You; 3.2.3 performing administrative functions; and
3.3 The SPDI collected from You may be collected and/or retained either directly by FormativeAge or through or with an affiliate or third party.
FormativeAge, its affiliates and third parties it shares SPDI with, will retain the SPDI for a reasonable period for the purposes for which such information has been collected and as may be lawfully used or is otherwise required under any law for the time being in force.
The SPDI collected shall be used for the purpose for which it has been collected.
You have the option not to provide FormativeAge with the SPDI sought to be collected. You also have the option to withdraw the consent given earlier, provided it is sent to us in writing. In the event SPDI which FormativeAge deems necessary for providing you with any service is not provided or if consent is withdrawn subsequently, FormativeAge reserves the right not provide you with such services / benefits / amenities and take any other action in this regard on just and reasonable grounds.
We may also use your PI to tailor your experiences at our sites, to compile and display content and information that we think you might be interested in, and to provide you with content according to such preferences.
4. SPDI about third parties
While providing SPDI of another natural person (particulars of spouse, children or parents) to FormativeAge, please ensure that you have the necessary concurrence of that natural person.
5. Disclosure of Sensitive PI
5.1 In general, FormativeAge will not use or disclose SPDI collected about You to a third party otherwise than for the purposes set out in this Policy, unless the disclosure is necessary for compliance of a legal obligation or where it is agreed to in the contract with you or as consented by you and supported by a valid non-disclosure contract or provisions in the legal contract.
5.2 Provided that such information shall be shared with your consent, with government agencies mandated under law to obtain information including SPDI for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences or any law enforcing authorities.
5.4 You authorize FormativeAge to disclose necessary SPDI to certain employees, consultants, employees or consultants, of FormativeAge affiliates, agents or third party service providers within India or outside India who provide services to FormativeAge in connection with the education services you have sought from, on a need-to-know basis. These parties shall use your SPDI only for the specific purpose for which FormativeAge supplies the SPDI to them and from disclosing it further. FormativeAge may share PI or SPDI with third parties for legitimate business purposes, including for the following reasons or in the following circumstances:
To vendors or third-parties who deliver or provide goods and services or otherwise act on behalf of or at the direction of FormativeAge, which third parties include, for example training providers and partners, third party event hosting sites, other third parties who may provide services on web sites that are accessible from links on one of the website and credit card companies processing payment; To FormativeAge employees, officers and directors;
To FormativeAge partners, program coordinators;
If you are attending an event as attendee or speaker, certain of your information will be included in the event calendar which may be publicly disclosed, and may also be shared with third party event sponsors and exhibitors;
If you give information regarding career opportunities, your information may be accessible to potential employer or recruiters;
To those who wish to determine if you are certified, your certification status will be shared with those who inquire;
To investigate potentially fraudulent or questionable activities or transactions;
In anticipation of an in the course of an actual or potential sale, reorganization, consolidation, merger, or amalgamation of all or part of our business operations; and When we believe it is necessary to cooperate with law enforcement or in response to a government request, including if specifically requested or required, as otherwise permitted by law, and for other valid FormativeAge business purposes.
FormativeAge also may use your PI on an aggregate basis-without PI – to provide third parties with information, such as to help us develop new features and content for the Sites, and to provide and other with aggregate information about our users and the usage patterns of the sites.
5.5 Subject to what is permitted by law, the types of third parties (whether in India or overseas) your SPDI could be disclosed to may include:
5.5.1 agents, contractors, service providers, insurers and external advisers engaged by FormativeAge from time to time to carry out, provide services or advise on the functions and activities;
5.5.2 other related bodies corporate /affiliates of FormativeAge;
5.5.3 any person or organization who introduces you to FormativeAge;
5.5.4 regulatory bodies, government agencies, law enforcement bodies and courts;
5.5.5 any person or organization who FormativeAge deems necessary for carrying out the instructions you give to FormativeAge; and
5.5.6 any prospective transferee in a scheme of arrangement, amalgamation, merger or sale of shares or sale of business relating to the whole or part of FormativeAge.
6. Transfer of Sensitive Personal Information
FormativeAge may transfer your SPDI to any person or entity, whether in India or located in any other country, that ensures a similar level of data protection as FormativeAge employs when it is necessary for the performance of a lawful contract with you or where you have consented to such transfer.
7. Access to your Sensitive Personal Information
You may review and correct or revise the SPDI you have provided to us for the purpose of ensuring the said information is accurate. FormativeAge shall not be responsible for the authenticity of the information you have supplied to it or to any person acting on its behalf.
8. Information Security Standard for SPDI at FORMATIVEAGE FormativeAge operates in an environment that is similar to the requirements of ISO/IEC 27001 Security Standards for ensuring that the SPDI it holds is protected from misuse, loss and unauthorized access, modification or disclosure. FormativeAge may use Secure Socket Layer (“SSL”) or Transport Layer Security (“TLS”) encryption technology to enhance data privacy and help prevent loss, misuse, or alteration of the information under FormativeAge control.
FormativeAge cannot guarantee, however that your information will remain secure. The internet by its nature is a public forum, and FormativeAge encourages you to use caution when disclosing information online. Often, you are in the best situation to protect yourself online. You are responsible for protecting your username and password from third party access, and for selecting passwords that are secure.