Privacy Policy

1. This Privacy Policy (“Policy”) is applicable to the website owned and operated by Kemwell Biopharma Private Limited (“Company”) and is available at https://www.kemwellbiopharma.com/ (the “Platform”).

2. For the purpose of this Policy, wherever the context so requires “you”, “your”, “yourself”, “their” or “user” shall mean any person who accesses or uses the Platform. “we”, “us” or “our” shall mean the Company and its personnel. Capitalised terms not defined herein will have the meaning ascribed to them in the Terms.

3. This Privacy Policy shall broadly cover the following:

• (a) The information we collect from you;
• (b) How we use the Personal Information (as defined below) we collect;
• (c) Your rights with respect to your Personal Information;
• (d) Sharing and disclosure of your Personal Information;
• (e) Accuracy of your Personal Information;
• (f) Data Security: The measures we take to protect your Personal Information;
• (g) Grievance Redressal: Whom can you contact with respect to any concerns you may have regarding our use of your Personal Information; and
• (h) Financial and Legal Provisions.

4. Information we collect from you

4.1 To access certain features or parts of the Platform, you may be required to provide us with certain information that can be used to identify you or in relation which information you are identifiable (“Personal Information”) which may include, but is not limited to your:

• (a) Name,
• (b) Email address,
• (c) Phone Number, and
• (d) Social Media Handles.

4.2 In the course of submitting documents and/or making an application to the Company, we may also collect information relating to Your:

• (a) Education qualification and records,
• (b) Professional experience and records, and
• (c) Postal/Contact Address.

4.3 Furthermore, as part of your application to or communication with the Company, you may also voluntarily provide Personal Information either by way of communication to the Company or embedding it in any documents or records that you submit to the Company.

4.4 Our web servers automatically collect limited information about your device’s connection to the internet, including your IP address, when you use the Platform. Your IP address is a number that lets devices attached to the internet know where to send data to you, such as the web pages viewed by you. Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our Platform to the interests of our users, to measure traffic within the Platform and let advertisers know the geographic locations from where our visitors come. Additionally, in the course of your accessing the Platform, in order to provide you access to the features offered through the Platform and verify your identity, we may record your device related information, operating system information, network information, location information, date and the time during which you have accessed the Platform, and/or any social media account that may be linked to your Platform Account. You may choose to allow us to gather information in relation to the apps installed on your device in order for us to improve our Platform and your experience on the Platform.

4.5 All users of the Platform consent to the use of Personal Information for the purpose stated in this Policy. We restrict access of Personal Information to our employees, contractors and agents and only allow access to those who need to know that information in order to process it on our behalf. It is clarified that this condition shall not apply to publicly available information in relation to you on the Platform.

4.6 Please note that you may give, manage, review or withdraw your consent to the processing of your Personal Information, through a third-party who operates a platform which enables you to give, manage, review or withdraw your consent to the processing of your Personal Information and which third party is registered with the data protection board of India (“Consent Manager”). If you choose to do so, any acts or omissions of the Consent Manager pertaining to your consent to the processing of your Personal Information, shall be deemed to be acts or omissions by you and we shall have no liability for (i) any negligence or failure on the part of the Consent Manager to act in accordance with your instructions; and (ii) any injury occasioned to you pursuant to such negligence or failure on the part of the Consent Manager to act in accordance with your instructions.

5. How we use the Personal Information we collect

5.1 We may use Personal Information and other information received and collected from you to provide the services you have requested and in relation to any requests or actions sought by you over the course of your communication with us on the Platform, including for the purpose of sending you updates or to contact you upon your request and when otherwise necessary. We may also use Personal Information for auditing, research and analysis purposes, and to operate and improve our services.

5.2 When we use third parties to assist us in processing your Personal Information, we undertake best efforts to require that they comply with our Policy and any other appropriate confidentiality and security measures. We may also share such information with third parties in limited circumstances including when complying with legal process, preventing fraud or imminent harm, ensuring the security of our network and our services and for other legitimate uses prescribed under law.

5.3 When we present information to our online advertisers, to help them understand our audience and confirm the value of advertising on the Platform, it is usually in the form of aggregated anonymized data (information that cannot be used to trace a user) of users that may include statistics and/or data concerning user traffic, user responsiveness and user behaviour to such advertisements on our Platform.

5.4 We may use Google Analytics, a third-party analytics tool, to allow us to understand how visitors interact with our Platform, but it does so in a way that does not directly identify anyone. Specifically, the information Google Analytics collects automatically may include information like your IP address, device type, browser-type, broad geographic location and other technical information. We may also collect information about how your device has interacted with our Platform, including the pages accessed and links clicked. Google may store or use some or all of the Cookies on Your device to gather information about how visitors use our Platform, such as Your device type, and operating system, referring URLs, location and pages visited. If you do not want Google Analytics to be used in Your browser, You can install the ‘Google Analytics Opt-Out Browser Add-On’ provided by Google. You can learn more about how Google collects and processes data here.

5.5 In circumstances other than those described herein, we will ask for your affirmative consent for the processing of your Personal Information.

5.6 The Platform or any part thereof may utilise data collection tools such as “cookies” and other tracking technologies. A “Cookie” is a small text file that may be used, for example, to collect information about your activity on the Platform. Some cookies and other technologies we use may serve to save and/or recall Personal Information previously indicated/provided by you on the Platform. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set/update the settings of most browsers to notify you if you receive a cookie, or you may choose to block cookies by modifying the settings within your browser, but please note that if you choose to erase or block your cookies, you may need to re-enter your Personal Information each time you try to gain access to certain parts of the Platform. Further, while the option of accepting cookies is up to you, certain features of the Platform including the Platform may not be accessible without accepting cookies. If you choose to eliminate cookies, the full functionality of our services may be impaired for you.

5.7 Cookies may automatically collect, record and store certain information, including without limitation, your electronic device’s connection to the internet; your Internet domain and host names; other information about your geographic location and IP addresses; your browser’s software and operating system types; your CPU type; your manner of connecting to the Internet (e.g., connection speed through narrowband or broadband access); click paths; and dates and times that the Platform is accessed.

5.8 Our use of cookies and other tracking technologies allows us to improve the Platform, tailor the Platform and its usability to the interests of the users, remember choices you make (such as User/Account name, email address, phone number etc.), deliver content that is most relevant to you and your interests, and improve and enhance your experience using the Platform. We may also analyse information that does not include Personal Information, to measure traffic and user activity on the Platform, trends and statistics.

5.9 We process your Personal Information:

• (a) When you have consented to the use of your Personal Information in a particular way.
• (b) For certain legitimate uses. In particular, such legitimate uses could include the following, which you acknowledge and agree constitute purposes for which you are voluntarily providing your Personal Information:
  • (i) To provide you with services and products requested by you, or to respond to your inquiries, both in relation to the services being provided by us, and any other general queries you may have. In other words, so we can perform our contract with you or take steps at your request before entering into one.
  • (ii) To operate the Platform and provide you with tailored advertising and communications in respect of our products and offerings and those of our affiliates and group entities.
  • (iii) To analyze and improve the safety and security of our network and services – we do this as it is necessary to ensure a safe and secure Platform for the users, such as by implementing and enhancing security measures and protections and protecting against fraud, spam and abuse.
  • (iv) To undertake data analytics and improve our services, including any personalized services – we do this as it is necessary to pursue the legitimate object of providing an innovative and tailored offering to our users on a sustained basis.
  • (v) To share your Personal Information with other companies that help us provide and improve the services, for the purpose of providing and improving the services.
  • (vi) To gauge user engagement.

5.10 We may anonymise the records of your engagement and transactions with our Platform by irreversibly removing information that identifies you therefrom and thereby remove such information and records from consideration as Personal Information, and may analyse, disclose, store and process such anonymised information in accordance with our business and operating process.

6. Your rights with respect to your Personal Information

From time-to-time, we may seek your consent to use your Personal Information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose, you may withdraw your consent to this use.

6.1 Withdrawal of consent

You are entitled to withdraw consent for processing of your Personal Information by emailing a specific request at the following email address directly or through your Consent Manager [email protected]. Withdrawal of consent with respect to all or any part of your Personal Information may result in immediate withdrawal of your eligibility to avail the services provided by us on the Platform/otherwise and the termination of any subscription or other service for which such Personal Information is necessary to provide. Your withdrawal of consent shall not operate to cause us to cease any processing of Personal Information that is necessary for compliance with applicable law or the order of a court/executive authority, or purposes for which non-consensual processing is permitted under applicable law.

6.2 Deletion of Personal Information

You may also contact us to request access to, correct, or delete any Personal Information that you have provided to us. We shall delete such Personal Information when it is no longer necessary for the purpose for which it was collected, or when the data retention period prescribed by applicable law has expired, whichever is later, unless its retention is required to comply with a legal obligation.

Please note that where you request the deletion of your Personal Information, we may retain such records and elements of your Personal Information as is necessary for compliance with applicable law or the order of a court/executive authority, or which may be retained by us for purposes for which non-consensual processing is permitted under applicable law.

When you request deletion of your Personal Information, we follow a deletion process that ensures that the information is safely and completely removed from our servers or retained only in anonymised form. We try to ensure that our services protect information from accidental or malicious deletion. Due to this, there may be a time gap between when you request deletion and when copies are deleted from our active and backup systems. We assure you that we will complete the deletion process (except in relation to Personal Information that is retained as per the paragraph above) as soon as practical and endeavor to complete the same within seven (7) days of issuance of your deletion request.

7. Other Rights

7.1 You are entitled to seek:

• (a) a summary of your Personal Information being processed by us and the processing activities being undertaken by us;
• (b) the identity of persons with whom your Personal Information has been shared by us and the nature of Personal Information shared with such persons; and
• (c) correction, completion and updates to the Personal Information stored with us, by contacting us by writing to us through email at [email protected]. Users must follow the prescribed terms for submitting such requests as set out in the support guide set out here https://www.kemwellbiopharma.com/contact-us/

7.2 You may write to us at [email protected] for any additional information that you seek about how we handle your Personal Information and any requests in relation thereto, not specifically covered elsewhere in this Policy. We will endeavour to acknowledge each request and respond to your request within forty-eight (48) hours, or such other timeline as provided by applicable law. We retain the right to examine your request for additional information in relation to how we handle your Personal Information, to ensure that your request is in accordance with applicable law. We also retain the right to reject any such request made by you in accordance with applicable law including, if such request is, without limitation, manifestly unfounded and without a demonstrable intention to exercise your right to access information, or a misuse of your right to request additional information. Please note that certain information or requests for information that may be sought by you, which are in furtherance of your lawful right to access your data, may involve, without limitation, disclosure of Personal Information of a third party, and/or information which is subject to confidentiality/non-disclosure obligations under law or contract. In such cases, we will inform you of any impediments to the disclosure of information requested by you in our response to your request.

8. Sharing and disclosure of your Personal Information

8.1 We may share your Personal Information as provided by you and data concerning your usage of the Platform with our affiliates and group entities to enable our affiliates and group entities to reach out to you in relation to the products and/ or services offered by them. We may also share such information with third party service providers engaged by us, for the purpose of data analytics or for the purpose of storage, improving the services (including product enhancements) and to help us serve you better. Any affiliate, group entity and/or third-party service provider (as may be applicable) with whom the Personal Information is shared will be obligated to comply with the same standards as applicable to us in relation to maintaining the security of the information provided by you.

8.2 We may share information and data concerning usage of the Platform with our commercial partners for the purpose of facilitating user engagement, for marketing and promotional purposes and other related purposes. Further, we also reserve the right to disclose/ share your Personal Information with affiliates, group entities and third parties for the purposes of complying with applicable law, responding to duly authorized legal process, governmental requests, preventing fraud or imminent harm, and ensuring the security of our network and services.

9. Accuracy of your Personal Information

9.1 To the extent that you do provide us with Personal Information, we wish to maintain accurate and current Personal Information. Where we collect Personal Information from you, should you need to update or correct that Personal Information, please contact us in the manner set out above (Your rights with respect to your Personal Information) and we will make reasonable efforts to incorporate the changes in your Personal Information that we hold as soon as practicable.

10. Data Security

10.1 We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your Personal Information that we collect and store. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store your Personal Information. We have a comprehensive information security program and information security policies, which contain managerial, technical, operational and physical security control measures adopted by us for the protection of Personal Information.

10.2 Information gathered by us is stored securely using several information security applications including firewalls. However, security is always relative, and we cannot guarantee that our security measures are absolute and cannot be breached. Data, which is transmitted over the internet, is inherently exposed to security risks or threats. For instance, information transmitted via chat or email can be compromised and used by others. Therefore, we cannot guarantee any security for such information in the course of transmission through the internet infrastructure or any unsolicited disclosures made by any user availing the services of the Platform. By using the Platform, you understand and agree that your information may be used in or transferred to countries other than India.

11. Grievance Redressal

(a) Contact Us: Any questions or clarifications with respect to this Policy, comments, or feedback can be sent at: [email protected]

In accordance with applicable law, the name and the details of the Data Protection Officer has been published and is available on the Platform here. We reserve the right to replace the Data Protection Officer at our discretion through publication of the name and title of such replacement on the Platform, which replacement shall come into effect immediately upon publication.

11.1 Grievance Redressal:

In the event you have any complaints or grievances in respect of our processing of your Personal Information, such complaints or grievances can be sent by email to: [email protected]. Any complaint or grievance raised by you must include the following information:

• (a) Your name and contact details: name, address, contact number and email address;
• (b) Description of the complaint or grievance in relation to which such complaint or grievance is made;
• (c) A statement under penalty of perjury that the information provided in the complaint or grievance is accurate; and
• (d) Your signature.

We shall provide a response to any complaint or grievance received within fifteen (15) business days of the receipt of the complaint or grievance unless a shorter period is prescribed under law.

11.2 Complaints to the Data Protection Board:

If you fail to obtain redressal for your complaint or grievance by following the procedure prescribed under the Grievance Redressal section set out hereinabove, you may seek redressal by contacting the Data Protection Board of India in the following manner.

12. Financial and Legal Provisions

12.1 Change of Control:

In the event that ownership or control of the Platform was to change, your Personal Information may be shared, disclosed, or transferred. You hereby grant consent and permission to us for disclosure and transfer of Personal Information to such third parties. It is clarified that such third parties shall be bound by the terms of this Agreement in respect of the processing of your Personal Information. Any processing of Personal Data inconsistent with the terms of this Policy, shall only be undertaken with your prior consent.

12.2 Limitation of Liability:

This Policy is only a description of the Company’s operation regarding your Personal Information. We reserve the right to change this Policy at any time without giving you prior notice.

THE COMPANY DOES NOT WARRANT THAT ITS PLATFORM, ITS SERVERS, OR EMAILS SENT BY IT OR ON ITS BEHALF ARE VIRUS FREE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PLATFORM, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, GOODWILL, BUSINESS OPPORTUNITY, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

IN THE EVENT OF ANY PERSONAL INFORMATION BREACH, WE SHALL INFORM THE AFFECTED USERS IN THE MANNER PRESCRIBED UNDER APPLICABLE LAW.

12.3 Children:

Our services and our Platform are intended for a general audience. The products or services offered on our Platform are not intended for purchase directly by children. If you are a child under the age of 18 and desire to use the Platform or purchase our products or services, please request your parent or legal guardian to register with us and to complete the transaction. Any use of the Platform or any of its features by a child under the age of 18 must be with the supervision of a parent or legal guardian. We do not contact children under the age of 18 for marketing purposes without a parent’s permission. We do not ask a child under the age of 18 for more Personal Information, as a condition of participation on the Platform, than is reasonably necessary to participate in a given activity on our Platform.

12.4 Applicable Law and Jurisdiction:

This Policy shall be governed by and construed in accordance with the laws of the Republic of India. Further, it is irrevocably and unconditionally agreed that the courts of Bengaluru, India shall have exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.