Introduction

Cowrks India Private Limited (“Company”, “We”; “Us”, “Our” to be construed accordingly) takes the privacy of your information seriously. This privacy policy (“Privacy Policy”) describes the information we collect from you through our website, including sub-domains microsites, and mobile applications. It also describes the purposes for which we collect that personal information, the other parties with whom we may share it and the measures we take to protect the security of your data. It also tells you about your rights and choices with respect to your personal information, and how you can contact us about our privacy practices.

This Privacy Policy is published in accordance with Rule 3(1) of the provisions of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 read with Digital Personal Data Protection Act, 2023 (“DPDP Act”).

This Privacy Policy governs the access or usage by you (“You”, “User”; “Your”, “Yours” to be construed accordingly) of the application “Converge” (“Application”), coverge.cowrks.com (“Website”) and the other platforms provided, owned or operated by the Company (together the “Platform”).

Please read this Privacy Policy carefully before using the Platform, along with the Terms of Use (“Terms”) provided on the Platform. This Privacy Policy forms an integral part of the Terms.

If You wish not to agree with any of the terms and conditions of this Privacy Policy, kindly refrain from using the Platform or the Services.

Principles

We will endeavour to handle Your Personal Information (defined below) in accordance with the principles of purpose limitation, data minimisation, accuracy, storage limitation, and accountability as broadly outlined in the DPDP Act, the General Data Protection Regulation (“GDPR”) and other prominent privacy frameworks. When processing Your Personal Information, We do so based on Your consent or for the purpose of providing the Services, managing our business operations, fulfilling contractual and legal obligations, ensuring the security of Our systems and customers, and pursuing other legitimate interests of the Company as described in this Privacy Policy.

Definitions

1. "Corporate Affiliate" shall mean any person or entity which directly or indirectly controls, is controlled by or is under common control with the Company, whether by ownership or otherwise.
2. "Information" shall mean collectively Non-Personal Information and Personal Information;
3. "Non-Personal Information”" shall mean and include:
   1. geographic location of a User;
   2. details of the User’s telecom service provider or internet service provider;
   3. the type of internet browser used by the User;
   4. device information (such as the operating system of the device and hardware model) and the website you last visited before visiting the Platform; or
   5. clickstream data relating to your activity on the Platform, including but not limited to the duration of your stay on the Platform, date, and time of your access of the Platform.
4. "Personal Information" means any data about a User who is identifiable by or in relation to such data. Defined terms used but not defined herein, shall have the meanings ascribed to such terms and expressions in the Terms.

Notice

1. Collection and Usage of Your Information:

   As part of the Services We offer on the Platform, We may collect/have collected (for registered Users of the Old Portal) the following Information from You for purposes set out below. This data helps Us in ensuring that We provide You with Services tailored to Your needs.

   Information collected	Purpose
   Your name	For account creation, billing, shipping purposes and personalizing user experience.
   Your email address	Communication, order confirmations, promotional materials, newsletters and password reset.
   Your phone number	Contacting the User for order confirmations, shipping updates, or User service inquiries.
   Your password	For security purposes
   The type of mobile device You use	To ensure compatibility and provide an optimised shopping experience based on device capabilities.
   Your mobile device’s unique device ID	Authentication, security verification, push notifications, tracking device-specific activity or preferences.
   The IP address of Your mobile device	Geolocation for shipping calculations, security measures and regional promotions.
   Your mobile operating system	Optimizing the Platform’s user experience for different devices and security measures.
   Location information	With your permission, we will collect location information from your mobile device to enable authorized users within Bluetooth range to enter designated areas. You may turn off this feature through the location settings on your mobile device.
   Clickstream data relating to Your activity on the Platform	User behaviour analysis.

   The Company will use, store, and process Information, including Personal Information, about You to:

   1. Offer Services: Facilitate the use of the Platform and to offer Services to the User.
   2. Personalise Services: We use Information that We collect to personalise the Services being provided.
   3. Communicate: We will use Your contact details to communicate with You in response to Your inquiries, and to send You announcements/ promotions related to the Platform/ Services.
   4. Improve the Platform: Aggregated and individual, anonymised and non-anonymised data may periodically be transmitted to external service providers to help the Company improve the Platform/Services.
   5. Better the User experience: We, including third parties, may use the individual data and behavior patterns combined with Your Personal Information to provide You with personalised content, and to better Your experience. However, these third-party companies do not have any independent right to share this information further. We do not sell, trade or rent Your Information to any third party unless we have been expressly authorised by You either in writing or electronically to do so. We may at times provide aggregate statistics about customers, traffic patterns, and related site information to reputable third parties, however this information when disclosed will be in an aggregate form.
   6. Offer Promotions and Notifications: We may offer email, Platform notifications (including push notifications), SMS, multimedia message service (MMS) or other forms of communication to share information with You about certain promotions or features the Platform may choose to offer or about Our affiliates, subsidiaries, business partners, advertisers and sponsors.
   7. Send Emails: By submitting Your email address on this Platform, You agree to receive emails from Us. We only send emails to Users who have authorised Us to contact them, either directly, or through a third party. Furthermore, You also agree to allow Us to use Your email address for customer audience targeting on sites like Facebook, where We display custom advertising to specific Users who have opted-in to receive communications from Us. Email addresses submitted through the order processing page will be used for the sole purpose of sending You information and updates pertaining to Your orders. If, however, You have provided the same email to us through another method, we may Use it for any of the purposes stated in this Privacy Policy. If at any time You would like to unsubscribe from receiving future emails, we include detailed instructions at the bottom of each email to ‘unsubscribe’.
   8. Prevent Fraud and for Other Purposes: In the interest of safeguarding Our Platform and Users, we may process your Personal Information for various imperative purposes. These include, but are not limited to, averting fraud and identity theft, addressing and resolving grievances, managing complaints and inquiries, conducting routine data audits on Our Platform, and any other requirements as stipulated by the data protection regulations of India.

2. Option to decline consent:

   Your consent is paramount, and You may choose to grant or decline Your consent for processing Your Personal Information. Please note that, if You choose to decline Your consent for processing of Your Personal Information, We may restrict Your access of the Platform and the Services offered on the Platform at Our discretion.

3. Rights of the User:

   If at any point after giving Your consent, You wish to retract the consent or have concerns regarding the processing of Your Personal Information, You may withdraw Your consent as set out in section 10.5. (Withdrawing Consent and Restriction of Processing) of this Privacy Policy. If You have any queries or grievances, You may reach out to Us as indicated in section 19 (Contact Us) of this Privacy Policy. If You feel that Your grievance has not been adequately addressed by Us, You may approach the Data Protection Board of India to seek further redressal for Your grievance. [

Information Received from External Sources

Storage and Processing of Information

1. Your Information will primarily be stored in electronic form. However, certain data may also be stored in physical form.
2. We may store, collect, process, and use Your data (except financial data) in countries other than the Republic of India to the extent permissible under applicable laws.
3. We may enter into agreements with third parties (in or outside of India) to store or process Your Information, subject to applicable law. These third parties may have their own security standards to safeguard Your Information and We will, on commercially reasonable basis, require such third parties to adopt reasonable security standards to safeguard Your Information, as per the requirements of applicable laws.

Sharing of Information

1. We may share Your Information with our business partners and with our trusted service providers including Third Party Service Providers who provide Third Party Services on the Platform.
2. Company may use and may transfer/disclose/share Information to third parties who support our business such as hosting and maintaining our servers and the Platform, database storage and management, e-mail management, storage marketing, credit card processing, customer service and fulfilling orders for products and services You may purchase through the Platform. We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks.
3. Such third-party entities do not have an independent use of the Information that Company discloses to them, and do not further transfer or publish the Information we share with them. They have agreed to adhere to the rules set forth in this Privacy Policy and under applicable laws, including providing adequate security measures for the Information that Company shares with them.
4. Further, notwithstanding anything to the contrary contained herein, You may at any time choose to revoke Your consent to share Information with third parties who are working with Company. Upon revocation of such consent, we may not be able to provide You with the Services/ access to the Platform. Please note that Company shall not be responsible or liable in any manner whatsoever for any actions of any third parties that receive Information.
5. We may also share Your Information with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer Your Information to our successors-in-interest.
6. We may share Your Information in furtherance of our obligations under any applicable laws. We may further share Your Information to respond to a court order or summons. We may also share Your Information upon request from a government agency or investigatory body requests or when we are investigating potential fraud. We reserve the right to disclose your Information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims. The Company may also share Personal Information with such third parties to whom the Company believes it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
7. If you are located in the European Economic Area (“EEA”), we will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries outside of the EEA in compliance with the GDPR.

Retention of Information

1. Company retains User Information while a User’s account is active on its Platform and for a period of time afterwards which allows Company to meet legal, compliance and business requirements pursuant to this Privacy Policy.
2. Company may alter this practice according to legal and business requirements, and to fulfill the purposes described in this Privacy Policy. For example, it may lengthen the retention period for some data if needed to comply with applicable law or voluntary codes of conduct. Unless otherwise prohibited, it may shorten the retention period for some types of data if needed to free up storage space.
3. When we no longer need to use a User’s Information and there is no need for us to retain the Information for the abovementioned compliances, we either remove it from our systems or depersonalize it so that we cannot identify such User.

Security of Information

1. The security of Your Personal Information is important to us. Company strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure, or destruction. For this purpose, Company adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate anonymization, encryption, and physical security measures to guard against unauthorized access to systems where Company stores Your Personal Information. Company adopts reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all the Company entities from any claim of damages under contract or under tort, to the extent permissible under applicable laws.
2. Company offers the use of a secure server.

   Converge's platforms and processes are designed with robust security features that provide ongoing protection for your data. Our systems are equipped with real-time checks and tests, actively identifying and preventing security threats before they can impact you. Should we detect any potential threats or risks that require your attention, we will promptly inform you and provide guidance to ensure the security of your privacy.

   Our commitment to safeguarding your data extends to preventing unauthorized access, disclosure, modifications, or any form of destruction for all the information under our care, encompassing:

   1. Data Encryption:

      - All information transmitted in and out of the app is encrypted using 256-bit HTTPS encryption. - TLS encryption is used throughout the application for data in motion, and data is also encrypted at rest.

   2. Server Security:

      - Information is stored on servers with robust firewalls. - Access to servers requires multiple authentications, and unauthorized access is prohibited.

   3. Information Collection and Storage:

      - Your company regularly reviews information collection, storage, and processing practices to prevent unauthorized access. - Physical security measures are implemented to safeguard systems.

   4. Access Control:

      - Access to personal information is restricted to authorized personnel and contractors. - Employees with access are bound by strict confidentiality obligations.

   5. Certifications and Auditing:

      - The Converge app is ISO 27001 certified and undergoes regular audits. - Application and data servers do not use publicly accessible addresses, and access is further secured through a VPN tunnel with 2FA.

   6. Web Application Firewall (WAF):

      - All traffic goes through a WAF, which checks for malicious traffic to prevent attacks.

   7. User Responsibility:

      - Users are responsible for maintaining the security of their account login credentials. - Users are advised not to share their credentials with third parties.

   8. Prompt Reporting:

      - Users are encouraged to report any suspected compromise of their account credentials promptly.

   9. Liability Disclaimer:

      - While you strive to implement security measures, you acknowledge that data transmission over the internet carries inherent risks, and you assume no liability for potential breaches due to these risks.

   By registering as a user, you accept the responsibility of ensuring the security of your account, including your login credentials and passwords. It's crucial that you do not share these credentials with any third party. If you become aware of or suspect that your account credentials have been compromised or disclosed to unauthorized individuals, it is imperative that you promptly contact us at converge.support@cowrks.com. Please be aware that any actions performed using your account login credentials are your responsibility. In the event that someone else gains access to your account due to your failure to uphold the security of your account credentials, we cannot be held responsible.

3. Company limits access to Information to those employees, agents, contractors and other third parties on a ‘need-to-know basis’, i.e., who need the access in order to fulfil the tasks and duties relating to the provision of Services. All service providers are permitted to process the Information based on the Company’s instructions, they are subject to a duty of confidentiality, and they are required to be compliant and demonstrate compliance with applicable data protection laws.
4. Company may share Your Information with third parties under a confidentiality agreement which inter alia provides that such third parties shall not disclose the Information further unless such disclosure is for the purposes set forth in this Privacy Policy. However, Company is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Company is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to any third party (including any third-party websites, even if links to such third-party websites are provided on the Platform).
5. While we will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which we hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of Your Personal Information.
6. Notwithstanding anything contained in this Privacy Policy or elsewhere, to the extent permissible under applicable laws, Company shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a force majeure event.

Your Rights

1. Users may exercise any of the rights described in this section by logging into the Application and then following these steps:

   Go to the bottom Navigation bar and click Account and then My Profile.

2. Managing Your Information

   Company will provide You with the means to ensure that Your Information is correct and current. If You have filled out a user profile, we will provide an obvious way for You to access and change Your profile from the Platform. Company adopts stringent security measures to protect Your password from being exposed or disclosed to anyone. Upon forgetting the password for Your profile on the Platform, Company will have a right to reset the same for You with Your prior approval as per standard web practices. You are responsible for keeping Your Personal Information up to date.

3. Rectification of Inaccurate or Incomplete Information

   You have the right to ask us to correct inaccurate or incomplete Personal Information concerning You (and which You cannot update yourself within Your account).

4. Data Retention and Erasure
   1. If You no longer want Company to use Your Personal Information to provide Services/ access to the Platform to You, You can request that we erase Your Personal Information and close Your account. Provided, however, any requests for erasure will be acted upon in accordance with applicable law and may adversely impact the Company’s ability to provide Services to You.
   2. You hereby agree and acknowledge that a mere request for erasure does not guarantee an erasure of Personal Information and all such requests will be acted upon in accordance with applicable law alone.
   3. Please note that if You request the erasure of Your Personal Information:
      1. We may retain some of Your Personal Information as necessary for protecting our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an account for fraud or safety reasons, we may retain certain information from that account to prevent that User from opening a new account in the future.
      2. Information You have shared with others (e.g., reviews, forum postings) may continue to be publicly visible on the Platform, even after Your account is cancelled. However, the attribution of such information to You will be removed. Additionally, some copies of Your Information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
      3. We maintain the Platform to protect You from accidental or malicious loss and destruction, and residual copies of Your Personal Information may not be removed from our backup systems for a limited period of time.
      4. We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that it can no longer be used to reasonably identify a particular individual.
      5. Company will not be able to provide You with the Services (or any part thereof) and You should cease and desist from using the Services.
5. Withdrawing Consent and Restriction of Processing.

   Where You have provided Your consent to the processing of Your Personal Information by Company, You may withdraw Your consent at any time by changing Your account settings or by sending a communication to Company specifying (with reasonable detail) the consent You are withdrawing. Please note that the withdrawal of Your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. If You withdraw Your consent and restrict the processing of any Personal Information, the Company may not be able to provide You with the Services (or any part thereof) and You may be required to cease to use the Services (or any part thereof).

Rights of EU data subjects under GDPR

1. If the processing of your personal information is subject to the General Data Protection Regulation, you are entitled to the rights listed below:
   1. Right to information, Art. 15 of the GDPR
   2. Right to correction, Art. 16 of the GDPR
   3. Right to deletion (“Right to be forgotten”), Art. 17 of the GDPR
   4. Right to limit processing, Art. 18 of the GDPR
   5. Right to data transmissibility, Art. 20 of the GDPR
   6. Right to object, Art. 21 of the GDPR

   To exercise your right, please contact us as indicated in the “Contact Us” section below.

2. In order to be able to process your request, as well as for identification purposes, please note that we will use your personal information in accordance with Art. 6 para. 1 (c) of the GDPR.

Changes To Our Privacy Policy

As Company evolves, this Privacy Policy will need to evolve as well to cover new situations. You are advised to review this Privacy Policy regularly for any changes. Updates to this Privacy Policy will be notified by way of an email. Your continued use of our Platform/Services shall be deemed to provide Your approval and consent to all changes. If You do not agree to this Privacy Policy or any updated Privacy Policy, You may discontinue your use of the Platform/Services or delete Your account.

Cookies

1. A cookie is a small file which asks permission to be placed on Your computer system. Once You agree, the file is added, and the cookie helps analyze web traffic or lets You know when You visit a particular site. Cookies allow web applications to respond to You as an individual. The web application can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences.
2. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve the Platform in order to tailor it to Users’ needs. We only use this information for statistical analysis purposes.
3. Cookies help us to provide You with a better Platform, by enabling us to monitor which pages You find useful and which You do not. A cookie in no way gives us access to Your computer system or any information about You, other than the data that You choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify your browser setting to decline cookies if You prefer. Please refer to Your web-browser provider or system guide for detailed information on disabling cookies. However, in case You choose to disable the cookies, You may be prevented from taking full advantage of the Platform.

Links to Other Websites

This Privacy Policy applies only to the Platform/Services. The Platform may present links to third-party websites in a format that enables the Company to keep track of whether these links have been followed. Clicking on these links may take You to third-party websites outside the Platform. However, once You have used any of these links to leave the Platform, Company does not have any control over that other website(s)/mobile application(s). You agree and acknowledge that these websites/mobile applications are operated by third parties and are not controlled by, or affiliated to, or associated with Company, unless expressly specified. Company is not responsible for any form of transmission, whatsoever, received by You from any such third party. Accordingly, Company does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites or mobile applications, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials available on such websites or mobile applications. Company encourages its Users to read the terms of use/terms and conditions of each such third-party website that may collect their Personal Information.

Sale of Business

We reserve the right to transfer Information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of Company or any of its Corporate Affiliates, or that portion of Company or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Corporate Affiliates

Company may disclose Information about You to its Corporate Affiliates. Any Information relating to You that it provides to its Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

Governing Law

This Privacy Policy is governed by the laws of India without reference to its conflict of laws principles. You consent to the exclusive jurisdiction of the courts in Bangalore, India in connection with any dispute arising between the parties hereunder or in connection with this Privacy Policy.

Public Forums

When You use certain features on the Platform/Services like the discussion forums and You post or share any content such as comments, messages, files, photos, Your Information in such content will be available to all Users and will be in the public domain. All such sharing of Information is done at Your own risk. Please keep in mind that if You disclose Information in Your profile or when posting on any forums, this Information may become publicly available.

Contact Us

Company’s grievance officer shall undertake all reasonable efforts to address Your grievances relating to the processing of Your Information at the earliest possible opportunity and no later than [1 (one) month] from the date of receipt of Your complaint. You may contact our Grievance Officer at:

Grievance Officer: Ms. Neha Halgali

Address: Cowrks, 135/1, Field Marshal Cariappa Road, Residency Road, Richmond Town, Bengaluru, Karnataka 560025

You can also reach out to us on support.converge@cowrks.com in case of any queries.

Access to the Privacy Policy in Your Preferred Language

For Your convenience and understanding, We are initially presenting this Privacy Policy in English. However, We recognise the diverse linguistic preferences of Our Users. Hence, all Users are afforded the right to access this Privacy Policy, including the Consent Form below, in any of the languages specified in Eighth Schedule of the Indian Constitution. This is a testament to Our commitment to cater to the diverse linguistic backgrounds of our Users.

If You wish to review any part or the whole Privacy Policy in a language other than English, or if You have any other communications, concerns, or grievances to address, please feel free to write to Us at support.converge@cowrks.com prioritise Your inquiries and are wholly committed to offering prompt assistance to You.

By accepting, You confirm Your understanding and voluntary agreement to the processing of Your Personal Information as described above in this Privacy Policy.

Consent Form

For accessing the Platform and availing the Services, We collect, use, process and store Your Personal Information. This section outlines Our request for Your consent for processing Your Personal Information (“Consent Form”) as detailed in this Privacy Policy, particularly under the ‘Notice’ section. This Consent Form is an integral part of our Privacy Policy. By accepting our Privacy Policy, You expressly acknowledge and agree to the terms and conditions outlined in this Consent Form and acknowledge that You have read, understood, You agreed to the following:

1. Nature and Scope of Your Consent:

   Your acceptance of this Consent Form is entirely voluntary, ensuring you are under no compulsion or obligation. The consent you grant us is limited to the purposes we have explicitly set out in this Privacy Policy. We commit to processing only such Personal Information that is required for the purposes stipulated above.

2. Access to Consent Form in Your Preferred Language:

   If You wish to review this Consent Form or the Privacy Policy in any of the languages specified in Eighth Schedule of the Indian Constitution, please feel free to contact Us as indicated in section 19 (Contact Us) of the Privacy Policy.

3. Consent manger:

   At all times, You retain the unequivocal right to grant, manage, reassess, or retract Your consent concerning the processing of your Personal Information through a consent manger registered with the Data Protection Board of India.

Withdraw Consent: