End-User-License-Agreement

End-user-license-agreement

Terms and conditions

Introduction

In using PunChoose Application, which is proprietary of SysYork Technologies Pvt Ltd, you are deemed to have accepted the terms and conditions listed below (Terms).By subscribing to or using any of PunChoose services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. This website allows you to view solution features, company details, client details, and other information relevant to PunChoose business. PunChoose reserves the right to change this site and the Terms any time, with or without prior notice. PunChoose also retains the right to deny access to anyone who PunChoose, in its sole discretion, believes has violated any of the Terms.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PunChoose shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect his/her account details or the password. You agree to notify PunChoose immediately of any unauthorized use of your account or any breach of security, including any suspected unauthorized use/breach of security. PunChoose reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Availability of the Site

PunChoose has taken every care in the preparation of this site. However, as certain technical matters may be beyond PunChoose’ control, PunChoose cannot guarantee that you will have uninterrupted access to the site at all times.

User Eligibility

If your age is below that of 18 years, you will not be eligible to use this site; PunChoose reserves the right to terminate your membership and refuse to provide you with access to this site in case PunChoose discovers that you are under the age of 18 years; Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique username and password; PunChoose does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality; PunChoose allows only one registered membership per legitimate electronic mail address. The right to use the website is personal to the user and is not transferable to any other person or entity.

User Conduct

You will provide true, accurate, complete and current information in all instances. If upon confirmation, your details are found to be not true (in whole or in part), PunChoose reserves the right, in its sole discretion, to reject the registration and debar you from using the Services of this site without prior intimation whatsoever; You must use this site in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of this site are not permitted.

Electronic Communications

When you visit this site or send PunChoose an electronic mail, you are communicating with PunChoose electronically. PunChoose may in turn communicate with you by electronic mail, SMS, phone call or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that PunChoose provides to you electronically, satisfy any legal requirement that those communications be in writing.

Fraudulent Use

In case of fraudulent use of the site, PunChoose reserves the right to recover the damages and attorney’s fees from persons using this site fraudulently. PunChoose reserves the right to initiate legal proceedings against such persons for fraudulent use of this site and any other unlawful acts or omissions in breach of the Terms.

Copyright and Trademarks

All the contents included on this site, such as images, logos, photographs, text, graphics, buttons and micro sites is the exclusive property of PunChoose. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying the website is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the end user to civil and / or criminal penalties. PunChoose and other marks indicated on this site are trademarks or registered trademarks of PunChoose. All other trademarks not owned by PunChoose that appear on this website are the property of their respective owners, who may or may not be affiliated with, or connected to PunChoose.

Indemnity

You agree to defend, indemnify and hold harmless PunChoose, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to PunChoose or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Limitation of Liability and Disclaimers

This site also provides content from other internet sites or resources and while PunChoose has tried to ensure that the material included on this site is correct, reputable and of high quality, PunChoose cannot accept responsibility if this is not the case. PunChoose will not be responsible for any errors or for the results obtained from the use of such information or for any technical problems you may experience with this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, PunChoose or its suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with this site, its services or this User Agreement. PunChoose, its associates, employees, directors and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of this site or that the operation of this site will be error free and/or uninterrupted. Consequently, PunChoose assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site; and/or any interruption or errors in the operation of this site.

Modifications

PunChoose reserves the right to discontinue or modify the Terms and or any associated polices. PunChoose therefore recommends that users of this site read the Terms and any associated policies, periodically to keep themselves updated of the changes.

The PunChoose mobile application ‘PunChoose ‘ (\”Application\”) is owned and operated by SysYork Technologies Private Limited, a company incorporated in India under the Companies Act, 2013, having its registered office at D 3/33,KH NO 69 MAHAVIR, ENCLAVE I, SOUTH WEST DELHI, South West Delhi, Delhi, India, 110045 (\”Company or PunChoose \”). The Company is engaged in the business of software development including development of internet and mobile based Application for managing / providing employee Food Management solutions, hybrid workspace solution and related areas like billing, compliance, security, etc. to enterprises and their vendors / service providers (\”Services\”).

This Privacy Policy (\”Privacy Policy\”) sets out the privacy practices of the Company with respect to the entire content of the Application.

This document is published in accordance with the provisions of the Information Technology Act, 2000 (and the rules made thereunder that require publishing the rules and regulations), privacy policy [and the terms of use] on an online portal of the Company. We request you to go through this Privacy Policy and the [End User License Agreement] https://www.PunChoose .com/end-user-license-agreement/ carefully before you decide to access this Application.

For the purposes of this Privacy Policy, the words \”us\”, \”we\”, and \”our\” refer to the Company (‘PunChoose’) and all references to \”you\”, \”your\” or \”user\”, as applicable mean the person who accesses, uses and/or participates in the Application in any manner or capacity. All references to \”Employer\” shall mean the employer of the user with whom the Company has entered into an agreement with for the purpose of providing employee transportation solutions vide access to the Application.

The protection and security of your personal information is one of our top priorities and we have taken all necessary and reasonable measures to protect the confidentiality of the user information and its transmission through the internet.

BY USING OUR SERVICES AND THE APP OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU ALSO EXPRESSLY CONSENT TO OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW) IN THE MANNER PRESCRIBED UNDER THIS PRIVACY POLICY AND FURTHER SIGNIFY YOUR AGREEMENT TO THIS PRIVACY POLICY [AND THE END USER LICENSE AGREEMENT (AVAILABLE AT HTTPS://WWW.PUNCHOOSE .COM/END-USER-LICENSE-AGREEMENT/ IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT SUBSCRIBE TO THE SERVICES, USE THE APPLICATION AND DO NOT GIVE US ANY OF YOUR INFORMATION.

WHO IS RESPONSIBLE FOR DATA PROCESSING?

SysYork Technologies Private Limited, a company incorporated in India under the Companies Act, 2013, having its registered office at D 3/33,KH NO 69 MAHAVIR, ENCLAVE I, SOUTH WEST DELHI, South West Delhi, Delhi, India, 110045, incorporated under the laws of India is responsible as a data processor for the processing of your personal data collected from or on behalf of your employer as per their directions provided to PunChoose .

LEGAL BASIS FOR THE PROCESSING OF YOUR PERSONAL DATA

We may process your personal data under any of the following legal grounds.

For the performance of a contract. We have a contract with your employer or have the intention to enter into a contract with them and therefore need to process your personal data to comply with the obligations under the contract.
As a result of your consent. In some cases where consent has been obtained by your employer and therefore to onboard you into our solution your personal data is required for the processing purposes i.e., registration, scheduling, rostering the trips, etc. into the PunChoose solution. Consent given can be withdrawn at any time. Withdrawal of consent does not affect the legality of data processed prior to withdrawal.

WHAT PERSONAL DATA DO WE PROCESS AND HOW DO WE COLLECT IT?

We may process personal information provided by you or by your employer, including but not limited to:

(a) any information that is collected during registration including any information that identifies or can be used to identify, contact or locate the user such as Employee name, Employee ID, Address and Phone Number, Email Address, Gender and Geo ID.

(b) Any information that you provide on our Application when you use our Services including office log in and log out time.

(c) Any data that is automatically captured by the Application such as your mobile phone operating system every computer / mobile device connected to the internet is given a domain name and a set of numbers that serve as that computer’s Internet Protocol or \”IP\” address. When you request a page from any page within the Application, our web servers automatically recognize your domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed the Application.

For the performance of contract and to provide services, we will be collecting user data from your employer via a secure transmission channel as agreed between PunChoose and the other party.

Special categories of personal data

We do not require to collect any special categories of personal data (sensitive personal information) via a PunChoose application. In no event, we request you to provide sensitive personal data about you or other persons, therefore please avoid sending us such types of data.

COOKIES

Cookies are small portions of information saved by your browser onto your computer / mobile. Cookies are used to record various aspects of your visit and assist the Company to provide you with uninterrupted service. The Company does not use cookies to save Personal Information.

SHARING OF INFORMATION

Sharing Other than as mentioned elsewhere in this Privacy Policy, the Company may share aggregated demographic information with Company’s partners or affiliates. This is not linked to any Personal Information that can identify an individual person. The Company will not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of media storage, power failures, natural phenomena, riots, act(s) of vandalism, sabotage, terrorism or any other event beyond Company’s control. Further, the Company’s Privacy Policy does not cover the use of Cookies by its partners and affiliates since the Company does not have access or control over such Cookies.
Consulting the Company may partner with another party to provide specific Services if required. When you sign-up for the Services, the Company will share names, or other Personal Information that is necessary for the third party to provide these Services. The Company’s contractual arrangements with such third parties restrict these parties from using personally identifiable information except for the explicit purpose of assisting in the provision of these Services. The Company does not allow any unauthorized persons or organization to use any information that the Company may collect from you through this Application.
Regulatory Disclosures In the event the Company is required to respond to court orders or other legal process or for any tax authorities, your Personal Information may be disclosed pursuant to such court orders or legal process or tax authorities, which may be without notice to you. The Company may further disclose your Personal Information to such third parties to whom it transfers its rights and duties under any agreement entered into with such third parties and may also disclose your Personal Information to any of its affiliates or related entity.

NON-DISCLOSURE OF INFORMATION

The Company pledges that it will not sell or rent your Personal Information to anyone and your Personal Information will be protected and maintained strictly confidential by the Company except in the following cases:
The Company may disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement, governmental official, legal or regulatory authorities and, or, to such other statutory bodies who have appropriate authorization to access the same for any specific legal purposes.
The Company may disclose your information in order to provide you the Services, enforce or apply the [End User License Agreement], or to protect the rights, property or safety of the Company, its users or others. This includes exchanging information with other companies / agencies that work for fraud prevention.
The Company may disclose your Personal Information to such third parties to whom it transfers its rights and duties under any agreement entered into with such third parties; and
The Company may disclose your Personal Information to any of its affiliates or related entity.

SECURITY OF INFORMATION

The Company has put in place appropriate technical and organizational measures to safeguard and secure Personal Information. The Company only processes Personal Information on behalf of the Employer in a way that is compatible with and relevant for the purpose for which it was collected by the Employer or authorized by the user. The Application allows the Employer access to Personal Information shared by you and allows the Employer to exercise helping certain data subject rights like to correct, amend or delete inaccurate information on your behalf.
The Company uses commercially reasonable precautions to preserve the integrity and security of your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.

iii. The information that is collected from you may be transferred to, stored and processed at any destination within and / or outside India. By submitting information on the Application, you agree to this transfer, storing and / or processing. The Company will take such steps as it considers reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy.

In using the Application, you accept the inherent security implications of data transmission over the internet. Therefore, the use of the Application will be at your own risk and the Company assumes no liability for any disclosure of information due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond its reasonable control and you agree not to hold the Company responsible for any breach of security.
In the event the Company becomes aware of any breach of the security of your information, it will promptly notify you and take appropriate action to the best of its ability to remedy such a breach.

EXCLUSION

This Privacy Policy does not apply to any information other than information collected by the Company through the Application including such information collected in accordance with the clause on \”Collection of Information\” above. This Privacy Policy will not apply to any unsolicited information provided by you through this Application or through any other means. This includes, but is not limited to, information posted on any public areas of the Application. All such unsolicited information shall be deemed to be non-confidential and the Company will be free to use, disclose such unsolicited information without limitation. The Company also protects your Personal Information off-line other than as specifically mentioned in this Privacy Policy. Access to your Personal Information is limited to employees, agents or partners and third parties, who the Company reasonably believes will need that information to enable the Company to provide Services to you. However, the Company is not responsible for the confidentiality, security or distribution of your own Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties.

DATA RETENTION

PunChoose retains the Personal Information as long as it is necessary to achieve the purpose for which it was collected or received or as permitted by laws and regulations.

DATA TRANSFER AND STORAGE OUTSIDE YOUR COUNTRY

The Company may transfer information that it collects about you from your employer, including Personal Information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. When selecting our suppliers and partners, we take into account their data handling processes. These countries may have data protection laws that are different to the laws of your country and, in some cases, may not be as protective. In these situations, PunChoose and the other party (your employer) will ensure (by entering into a written data protection agreement or taking your explicit consent on the cross-border data transfer) that an adequate level of data protection is maintained with applicable data protection law. Your data is processed according to applicable data protection and privacy laws. Any data transferred or received by the PunChoose is processed and stored in the AWS DC, Singapore.

RIGHTS OF DATA SUBJECTS

PunChoose company recognize that you may have rights with regard to our processing of your data. While the nature and extent of these rights will differ from location to location, we have processes in place that allow us to respond in a timely manner to any valid request to:

Access to Data – You may have the right to find out what personal information we hold about you (this includes what category of personal data and/or specific personal data), and the same you can find in the application profile section.

Right to Rectify – You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. The Company relies on the users to disclose all relevant and accurate information and to inform your employer or admin team of any changes. If any of your details are incorrect, inaccurate or incomplete you can ask or request in the app to make changes, your admin team will make the necessary changes accordingly based on the request received.

\”Port\” data – In some circumstances you can ask your employer to send an electronic copy of the personal information you have provided to us. We will work with your employer to supply the necessary information as per the applicability.

Right to Object – You have the right to object to any processing done under legitimate interests or for the performance of the services in the contract with your employer. We will then re-assess the balance between our interests and yours, considering your particular circumstances, if we have a compelling reason, we may still continue to use your information.

Prevent marketing – In any circumstances we will not use data subject personal data for the marketing purpose. Right to restriction of processing – If you are uncertain about the accuracy or our use of your information, you can ask to stop using your information until your query is resolved. Your admin team will inform you of the outcome before taking any further action in relation to this information.

Right to Erasure (‘right to be forgotten’) – You can ask us to delete your personal information if deleting your data is not in conflict with our contractual, legal, and regulatory obligations. If you have given consent to process your information and you withdraw it, you can ask to erase your information.

NOTIFICATION OF CHANGES

From time to time, the Company may update this Privacy Policy to reflect changes to its information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If the Company makes any material changes, it will notify you by email(sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

GRIEVANCE OFFICER / DATA PROTECTION OFFICER

In accordance with the Information Technology Act, 2000, the rules made thereunder and as per applicable laws, the name and contact details of the Grievance Officer or Data Protection Officer are provided below:

Nargis Nazar

Grievance & Data Protection Officer

E – Nargis.nazar@PunChoose.com

ADDRESS FOR PRIVACY QUESTIONS

Should you have questions about this Privacy Policy or Company’s information collection, use and disclosure practices, you may contact us at: infosec@PunChoose .com. We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of Personal Information about you. Except where required by law, the Company cannot ensure a response to questions or comments regarding topics unrelated to this policy or the Company’s privacy practices.

YOU HAVE READ THIS PRIVACY POLICY AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.” Terms and conditions