Chambers of Eshna Kumar protects and respects user’s privacy and processes data as a data controller in accordance with the applicable Data Protection Regulation (DPR) and other relevant laws. This policy explains how we may process user’s personal data. Any updates to this policy will appear on Chambers of Eshna Kumar’s website.
- This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia, Section 43A of the Information Technology Act, 2000 (“IT Act”); Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”); and Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.
- The Website is owned and managed by Chambers of Eshna Kumar (“We”, “Us” or “Our”), a full-service law firm engaged in providing legal services (“Services”) with our offices at Lower Ground Floor, D 163, Block L, Lajpat Nagar III, Defence Colony, New Delhi, Delhi 110024, India amongst other locations in India. This Privacy Policy applies to all current and former users accessing or using Our Website, or otherwise engaging with Us through email or other means.
- The collection and processing of information in the course of Our delivery of Services, or other contractual or commercial engagements that We may enter into, will be done in accordance with the specific terms applicable thereto, and not by this Privacy Policy.
- By accessing or using Our Website or by otherwise giving Us a user’s information, a user confirms that he/she has the capacity to enter into a legally binding contract and have read, understood and agreed to the practices and policies outlined in this Privacy Policy. A user hereby consents to Our collection, use, sharing, and disclosure of his/her information as described in this Privacy Policy, which We have the right to modify, add or delete from, from time to time including continued access to or use hereof.
- If a user is accessing or using the Website from any location outside India, he/she does so at his/her own risk, and will be solely liable for compliance with any local laws, as may be applicable.
- We may collect the following types of information about a user, both through offline documentation that he/she may provide, as well as when a user uses Our Website: Information, Demographic Information, Behavioural Information, and Indirect Information, (each of which have been defined below, and collectively, “Information”) by using different technologies.
‘Demographic Information’ means information which is not unique to a user and refers to selected population characteristics including age, gender and current location details. ‘Behavioral Information’ means information about how a user uses the Website and information about his/her mobile device and software including usage statistics, traffic data, IP address, browser and operating system type, domain names, access times, locations, and details regarding the parts of the Website accessed. ‘Indirect Information’ means use of certain third party services on the Website also requires Us to collect such information as is considered necessary for that purpose.
- The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person (“Personal Information”). The SPDI Rules further define “Sensitive Personal Data or Information” (“SPDI”) of a person as Personal Information about that person relating to:
- passwords;
- financial information such as details of bank accounts, credit cards, debit cards or other payment instruments;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information; and
Some of the Information collected by Us may qualify as Personal Information.
- We understand that all Personal Information provided by a user to Us is voluntarily. Collection, use and disclosure of Personal Information requires a user’s express consent, unless there are other legal grounds available to Us to collect such information as further specified in this Privacy Policy. By using or accessing the Website or otherwise providing Us with a user’s Personal Information, where applicable, a user is providing Us with his / her consent to Our use, collection, retention, transfer and disclosure of the Personal Information in accordance with the terms of this Privacy Policy.
In the event of a change in the law applicable to data protection in India, a user hereby expressly consents to Our continued use, storage, collection and disclosure of his/her Information including Personal Information to the fullest extent permitted under such applicable law. If needed, We may contact a user for obtaining additional consents and approvals as required under the amended law and the user will be required to comply with such requests. Should a user chooses to not provide Us with such additional consents and approvals, We may discontinue access to the Website.
In case a user denies access or withdraws any or all information included under Personal Information, then We may be unable to allow the user to access the Website or otherwise avail services for the provision of which such a user’s information is being collected or processed.
- We may use a user’s Information to operate and improve the Website in order to foster a positive user experience and to improve Our services as a whole; analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.; research; for non-targeting reasons such as frequency capping, compliance, information reporting or delivery, market research or product development purposes; to conduct audits and quality assessment procedures; and to analyse the use of Our resources and troubleshooting problems in relation to Our Website.
- We may also use a user’s Information, including Personal Information, for the purposes of recording information including dates times and locations at which Our Website has been accessed by using various tracking technologies and thereby improve Our Website and a user’s experience by providing him/her with relevant information based on the above(Disabling of tracking technologies on the Website by changing settings on a smartphone and/or web browser may result in a user’s inability to use the Website fully or at all); for providing with regulatory updates; to invite for seminars, webinars and workshops conducted; to comply with applicable law; to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or as otherwise required by law; to respond to any queries that a user may have, and to communicate information, including notifications of any alerts, any updates to the Website; and to contact a user from time to time to record his/her valuable feedback and/or any potential services that may be offered in the future.
- If a user wishes to opt out of receiving communications such as information regarding the Website and/or any regulatory updates provided by Us, he/she may do so by emailing Us at eshna@eshnakumar.com.
- Any access to any of our social media account such as LinkedIn, etc., will be subject to the terms of service and privacy policy of the relevant social media Website and user should review the same before connecting with Us on such social media Website.
- We may disclose a user’s Information including Personal Information, as the case may be to other third parties, our agents, contractors or third party service providers, other Website users, to companies and individuals who are acting as Our counterparties, consultants and advisors in relation to the Website and/or authorised by Us to perform certain functions in relation to the Website and/or Our practice of profession, or for the purpose of improving Our Website.
- We may disclose a user’s Information, including Personal Information, if legally required to do so, pursuant to an order from a governmental entity or in good faith. We will disclose the same to conform to legal requirements or comply with legal process; and/or protect Our rights or property; or prevent a crime or protect national security; and/or protect the personal safety of users or the public.
- We are not liable for any loss or damage which may be incurred by a user as a result of the collection and/or disclosure of his/her information via third party services. We shall not be liable for any disputes arising from or in connection with such transactions between a user and any third parties.
- Each user may review, correct, update, change and/or delete his/her Personal Information on the Website by emailing Us at eshna@eshnakumar.com, except for allowing Us to retain any such information that may be required for legal purposes.
Should a user choose to delete his/her Personal Information, or modify it in a way that is not verifiable by Us, or leads to such Personal Information being incorrect, We will be unable to provide such user with access to Our Website, and such a deletion or modification may be regarded as the user seeking to discontinue access to Our Website.
- We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect a user’s Information against loss, misuse, copying, damage or modification and unauthorized access or disclosure. We, however, cannot ensure that all of user’s Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting user’s privacy, We do not promise, and user should not expect, that his/her Information or private communications will always remain private. As a user of the Website, the user assume all responsibility and risk for his/her use of the Website, the internet generally, and the information the user posts or access and for user’s conduct on and off the Website.
- We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
- In compliance with applicable laws, We will take measures such that a user’s Personal Information, which is in Our possession or under Our control, is destroyed and/or anonymized as soon as possible provided the purpose for which that Personal Information was collected is no longer being served by the retention of such Personal Information and/or retention is no longer necessary for any other reason including applicable law.
- A user will be deemed to have agreed and undertakes to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by him/her to third parties either through Our Website or otherwise, and such user’s use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to a user’s Information or Personal Information which he/she may have disclosed to such third parties.
- In case of non-compliance with Privacy Policy or terms of use for access or usage of Our computer resource, We have the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.
- In accordance with the IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below:
Ms. Eshna Kumar
You may write to her at the following address:
Lower Ground Floor, D 163, Block L, Lajpat Nagar III, Defence Colony, New Delhi, Delhi 110024 Or Email her at eshna@eshnakumar.com