“JUBILANT FOODWORKS LIMITED” shall be solely responsible for ensuring that all Sensitive Personal Information is collected, received, possessed, stored, dealt and handled in accordance with all applicable laws.
Indian law requires all entities that collect, receive, possess, store, deal and handle personal information, including Sensitive Personal Information, to:
- publish a privacy policy to all Users detailing the manner in which “JUBILANT FOODWORKS LIMITED’s; will handle or deal in personal information including Sensitive Personal Information and ensure that the same are available for viewing by all Users.
- obtain consent from all Users in writing through letter or Fax or e-mail [or otherwise through any established electronic means] regarding purpose of usage before collection of such information.
- not collect sensitive personal data or information unless (a) the information is collected for a lawful purpose connected with a function or activity of “JUBILANT FOODWORKS LIMITED” or any person on its behalf; and (b) the collection of the sensitive personal data or information is considered necessary for that purpose.
- while collecting Sensitive Personal Information, take such reasonable steps to ensure that the User knows:
- the fact that the information is being collected
- the purpose for which the information is being collected
- the intended recipients of the information
- the name and address of the agency that is collecting the information; and the agency that will retain the information.
- not retain that information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any law for the time being in force
- use such information for the purpose for which it has been collected.
- permit the Users, as and when requested by them, to review the Sensitive Personal Information they have provided
- ensure that any personal information or Sensitive Personal Information found to be inaccurate or deficient shall be corrected or amended as feasible.
- prior to the collection of information, including Sensitive Personal Information, provide an option to User to not to provide the data or information sought to be collected.
- to provide each User, at any time, an option to withdraw its consent given earlier.
- to keep all such information secure.
- to designate a Grievance Officer and publish his name and contact details on such entity’s website.
The User shall permit/provide “JUBILANT FOODWORKS LIMITED” necessary access to ensure that “JUBILANT FOODWORKS LIMITED” can meet its statutory obligations in respect of “JUBILANT FOODWORKS LIMITED’S” collection, receipt, possession, storage, dealing or handling of all such personal information, including but not limited to permitting “JUBILANT FOODWORKS LIMITED” to incorporate its privacy policy and terms of use.
Please note that disclosure of Sensitive Personal Information by one Party to another requires, by law, the prior permission from the provider of such information (such as Users), unless such disclosure has been agreed to in the contract between a Party and the User. Therefore, if “JUBILANT FOODWORKS LIMITED” is required to collect, receive, possess, store, deal or handle personal information (including any Sensitive Personal Information), “JUBILANT FOODWORKS LIMITED” shall ensure that each such User has consented to (a) JUBILANT FOODWORKS LIMITED’s collection, receipt, possession, storage, dealing or handling of all such personal information, and (b) JUBILANT FOODWORKS LIMITED’s transfer and disclosure of the same.
For the purposes of this document, “Sensitive Personal Information” means personal data or information relating to any individual’s: (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses as provided to any body corporate for providing any service; and any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise: provided that, any information that is freely available or accessible in public domain or furnished under any law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.