Privacy Policy
Version: 1
Last Updated: 23-09-2024
Welcome to ProEmail
The website, https://proemail.in/ (the “Website”), is owned and operated by Jagadishwar Technology Solutions Private Limited (“JTSPL” / “us” / “our”), a company incorporated under the Companies Act, 2013 of India, with the corporate identification number of U72900AP2022PTC123158, and having its registered office at D. No.12-27, MIG 202, APHB Colony, Pothinamallayya Palem, Vishakhapatnam, Andhra Pradesh, India, 530041.
At JTSPL, we take the privacy and confidentiality of your personal data seriously and are committed to handling your personal data responsibly and in accordance with applicable laws. This data privacy policy applies to our processing of your personal data, in your capacity as user of our Website and our services provided in connection therewith.
The purpose of this privacy policy appended hereto, is to explain the extent of our processing of personal data provided by you and the rights available to you in respect of such personal data, and to procure your informed consent for the same pursuant to applicable provisions of the Digital Personal Data Protection Act, 2023 and the rules thereunder, as and when enforced, and other applicable laws. Further, in addition to the purposes set out in the privacy policy, it is important to acknowledge that we may need to process your personal data for certain legitimate uses or pursuant to any exemptions set out under the Digital Personal Data Protection Act, 2023, as and when enforced, and any other applicable laws. This may include complying with our legal obligations under applicable laws and / or responding to any order or summons issued by a judicial or governmental authority.
Our processing of your personal data is, at all times, subject to Indian laws and jurisdiction, and our internal policies. By consenting to this privacy policy through your explicit consent, you acknowledge and admit that you have willingly provided your informed consent to processing of your personal data by us, as per the terms and conditions set out in the privacy policy appended hereto. You also consent that such processing of your personal data shall not cause any wrongful loss to you if it is done in accordance with the provisions of this notice. Please also note that as per applicable law, you may choose not to provide your personal data to us, and may review the data provided to us and require us to amend / update such data, from time to time, in addition to other rights detailed in the notice appended hereto. You further acknowledge and warrant that you have read and understood the terms of this notice, and have no further queries / ambiguities in relation thereto. Please note that the contents of this notice do not apply to (1) any offline or other means apart (from this Website) through which personal data has been shared with us, and (2) data being shared with us for purposes other than the usage and access of this Website.
1. What do we mean by personal data?
a. “Data” means any representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means.
b. “Personal data” means any data about an individual, who is identifiable through or in relation to such data.
2. What do we mean by data fiduciary and data principal?
a. A “data fiduciary” is any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data.
b. A “data principal” means the individual to whom the personal data relates and where such individual is (a) a child, includes the parents or lawful guardian of such a child; and (b) a person with disability, includes their lawful guardian, acting on their behalf.
c. For the purposes of this privacy policy, you will be considered as data principal and JTSPL will be considered as a data fiduciary.
3. What do we mean by processing of personal data?
a. “Processing” in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction of personal data.
4. Who collects and processes your personal data?
a. For the purposes of your usage of the Website and our services, your personal data will be collected and processed by JTSPL.
5. What kind of personal data is collected?
Personal data includes any of your personal information proposed to be collected from you or provided by you to us in the course of your engagement / relationship with us, including, without limitation, the following:
a. Basic Data: Name, phone number, billing address, current working e-mail address (for the purpose of circulating the new account creation link), contact number, city, state, and LinkedIn profiles, as applicable.
b. Information Provided: Any other information provided to us by you for usage of our Website and Services, including but not limited to: (i) information about your use of this Website and Services, (ii) information about your preferences pertaining to the Website and Services, (iii) information that you provide for the purpose of subscribing to the Website’s services, and (iv) any other information that you voluntarily send to the Website.
c. Security and Access Control Data: Information regarding your access and use of Website, including internet protocol address, cookie data, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system, and other visitor details collected in our log files, login username and passwords and web history.
d. Professional Memberships: Details of your memberships with any professional bodies and organisations including ICAI, ICSI, ICMAI and Bar Council.
e. Financial Data: Goods and services tax identification number etc., bank details, payment preferences, UPI payment related information, and debit / credit card details.
We may collect personal information based on your activities on our Website including posts or articles shared by you or uploads such as when you fill out a form, (e.g., with demographic data), respond to a survey, or submit a resume or fill out a job application on our Website. We track information related to usage of our Website such as the time, frequency and duration of your activities on our Website and during use of our Services. Location and tracking information on the Website can be disabled based on your preferences in settings of your web browser.
Please refer to the following web pages in respect of the information we collect: (a) Data required and (b) Cookie Policy
6. How do we collect your personal data?
6.1 Personal data may be collected through direct or indirect means. Regardless of the collection method, the same privacy protection measures undertaken by us apply to all personal data provided by you.
6.2 Personal data may be collected directly from you in circumstances where you provide personal information, including as part of the online registration form submitted to us for signing up for our services and creation of accounts with us, information provided to us via emails, and other digital communication channels which may be recorded electronically or manually, and / or your usage of the Website. Further, emails sent and received by you will be stored and backed up in our server / database. Relevant data submitted by you at the time of registration may be downloaded into excel files and stored in local computer and Microsoft servers for sending emails.
6.3 Our Website can automatically gather data during your usage, including details such as Internet Service Provider (ISP), browser type and version, operating system and device type, average time spent on our Website, pages viewed, accessed information, IP address used for connecting your computer to the internet, and other pertinent statistics. This information is commonly termed as web analytics and / or clickstream data. We collect and receive information from and about the different devices you use and how you use them, information about the network that you connect your device to, including your IP address. We log usage information when you visit or otherwise use our Services, including our sites, app and technology, such as when you view or click on content (e.g., learning video), perform a search, install or update one of our mobile apps, Website, share content or submit any forms.
6.4 We also employ cookies and action tags to monitor your visits, preferences, and profile information. A cookie is a small, unique text file that a website can send to your computer when you visit a site. For more information on the cookies please read our Cookie Policy
6.5 The majority of web browsers have the capability to either notify you about the use of cookies or decline them altogether. You can also configure your browser settings to reject cookies or receive notifications when a website attempts to place a cookie on your computer. It’s important to be aware that refusing specific cookies may impact your ability to fully utilize our Website.
6.6 In addition to the above, spam filters and rate limiting programmes will monitor mails based on keywords to protect email services being blacklisted by other email servers.
6.7 Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal information or materially change how we collect, use or share your information, we will update on our Website. The latest revision date will be provided at the beginning of this privacy policy. Your continued use of this Website and our Services following the posting of changes or updates will be considered as your acceptance to abide by and be bound by the revised terms.
7. For what purposes do we use your personal data?
7.1 We use your personal data for the purposes set out below:
a. Managing our relationship and staying connected with you, including for the purposes of issuing and responding to any requests / communications received from you and provision of any services to you;
b. Enable your access to and use of the Website’s services;
c. Authenticating your identity, through provision of passwords and codes generated by Google authenticators and to establish if you are a genuine user;
d. To verify the payment made by you to subscribe to our products / services;
e. Communicating with you to provide you with service related messages, billing related details, and updates regarding introduction of any new features, products and services and other marketing / advertising activities;
f. Conducting our business operations, and undertaking any organizational and individual analytics and data insight exercises to improve our operations;
g. Using spam filters, to identify spam emails, prohibited words or words related to illegal activities;
h. Performing our obligations and exercising our rights under an existing contract with you (including proper invoicing, archiving and maintaining contractual records, contract management etc.);
i. Internal control, audits and monitoring, and as part of disclosures for auditing and reporting purposes;
j. Supporting any claim or defence that we could face before any jurisdictional and / or administrative authority, arbitration, or mediation panel and to cooperate with, or to inform judicial, administrative, or regulatory authorities to the extent required by law;
k. Disclosing information required by any governmental / judicial authority pursuant to any notice, subpoena, or other legal process; and
l. Providing you with the facility to make data access requests, submission of grievances or requests for any clarifications, and for the purposes of responding to such requests, grievances, and clarifications submitted by you.
7.2 In addition to the above, we may also process your personal data during the course of hosting and maintenance of our digital infrastructure, archival and storage purposes, operation and maintenance of financial systems and processes, project management and system implementation and maintenance services, maintenance of cybersecurity, information security and data protection services and support, and for the purposes of compliance with applicable laws. We also utilize other servers / software, to provide inter alia services such as web site hosting and to set up email accounts as part of our services to you. As such, we do not share any of your information with any of these servers / software. The servers / software are only used to deliver our products / services to you.
7.3 Please further note that your personal data may also be used for certain legitimate uses or pursuant to any exemptions, as set out under the Digital Personal Data Protection Act, 2023 and the rules thereunder, as and when enforced, and other applicable laws. However, please note that your personal information will not be used for any profiling purposes or sold to any third party for commercial purposes.
7.4 We can also share your personal information when there is a sale, merger or change in control, or when preparing for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your information, but only in the manner set out in this privacy policy unless you agree otherwise.
7.5 We currently do not share personal information with third parties for their direct marketing purposes without your permission. Our Website responds to and supports the Do Not Track (DNT) header request field. If you turn DNT on in your browser, those preferences are communicated to us in the HTTP request header, and we will not track your browsing behaviour.
7.6 Please note that we also combine the information we collect among our services and across your devices for these purposes.
8. Who, other than us, may access your personal data?
8.1 We may disclose / transfer your personal data in the following circumstances, and in any other circumstances which are in accordance with any exemptions / obligations imposed on us under applicable laws:
a. Our Affiliates: We may disclose your personal data to our affiliates / group entities, for the purposes of our business and its functions.
b. Our Service Providers & Use of Plugins: We may disclose your personal data to our service providers, for availing services required for our business, which are necessary for the fulfilment of purposes specified in this privacy policy, as set out below:
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Name: Google, L.L.C Country: USA Purpose: Cloud Infrastructure and management tools |
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Name: cPanel, L.L.C Country: USA Purpose: Software for Webhosting, Email Service, Server management, Analytics and Statistics |
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Name: WP Manage Ninja LLC Country: USA Purpose: SMTP Mail, Forms |
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Name: Way to the Web Limited Country: United Kingdom Purpose: Server and Email Security and Firewall |
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Name: Cloud Linux Inc Country: USA Purpose: Server Security and Firewall |
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Name: Rhubarb Tech Inc Country: Canada Purpose: Redis Object Cache |
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Name: ServMask Inc Country: USA Purpose: Data Backup |
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Name: Complianz B.V. Country: Netherlands Purpose: Cookies Scanning, Legal Documentation, Consent Management, Statistics |
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Name: Defiant, INC Country: USA Purpose: Web Security and Firewall |
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Name: JetApps, LLC Country: USA Purpose: Backup Software |
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Name: Cisco Systems, Inc Country: USA Purpose: Email Scanner |
c. Government Agencies, Regulators, Insurers and Professional Advisors: We may need to transfer your personal data to government agencies, regulators, insurers, and professional advisors to comply with legal / contractual obligations or protect our legal interests / interest of national security.
d. Other Entities or Individuals: We may exchange, transfer, share, or part with all or any of your personal data, across borders and from India to any other country across the world with cloud service providers and their affiliates, agents, partners, banks and financial institutions, or any other persons, towards the purposes specified in this notice or as may be required by applicable law and / or otherwise in accordance with your consent.
8.2 We understand that our service providers will not have any access to your emails as part of our Website and its services, and may have limited access to the servers on which such emails are hosted in case of any technical support being required, and for the sole purpose of resolving technical issues.
9. How do we protect your personal data?
9.1 We have adopted reasonable security practices and procedures to ensure that the personal data collected is secure. We maintain administrative, technical, and physical safeguards and access controls to protect your personal data against loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction as required under applicable law.
9.2 Our server is hosted on secured environment in Google Cloud and has achieved A+ rating in SSL Labs test. Further, our Website has achieved A+ rating in Security Headers test and is secured through Security Software to constantly monitor server security. We also monitor our Website and our services for software updates, logs etc. on daily basis.
9.3 In addition to the above, we deploy firewalls at three levels: (a) Google VPC Cloud Firewall, which restricts the ports. Certain ports are opened for functional purposes, (b) WHM/cPanel Level, which restricts access of server and Website to India only, and (c) Wordfence plugin, which restricts access to India and few other countries. Software patches are updated regularly. We use Ubantu as server software, WHM and cPanel for server management, and WordPress for our Website. All information is encrypted at rest through Trusted Execution Environment (TEE).
9.4 Physical access controls are implemented at JTSPL to ensure that only employees who have a need to know such information, have access to information provided and stored on our servers and as part of our databases.
9.5 Additionally, users may also set alerts to check if any unauthorised access / login to emails and enable two factor authentication as security measure.
9.6 If we transfer your personal data to external entities in other jurisdictions or other data processors, we ensure that such entities protect your personal data by applying the same / higher level of protection required under data protection / privacy laws applicable in India and this privacy policy.
10. How long do we retain your personal data?
10.1 Except as otherwise required by applicable legal and regulatory requirements, we may retain your personal data only for so long as: (a) you utilise our Website and services, and (b) we believe it is required to fulfil the purposes for which the personal data was collected and for our archival purposes. Certain billing related data may be retained for our audit and governmental reporting purposes.
10.2 In addition to the above, we retain your personal information even after you have closed your account if reasonably required to comply with our legal obligations (including law enforcement requests), to meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our user agreement, or fulfil your request to ‘unsubscribe’ from further messages from us. We may also retain de-personalized information after you close your account for record purposes, such as statistical information (including data about the number and profession of the Members subscribed to the Services) etc.
11. What are the rights available to you as a data principal, under the Act, in relation to your personal data?
11.1 As per the provisions of the Act, you are entitled to certain rights as a data principal, including the following:
a. Right to obtain a summary of personal data being processed by us, and the processing activities undertaken by us in relation to such personal data;
b. The identities of other data fiduciaries or data processors with whom your personal data has been shared by us, along with a description of such personal data;
c. The right to correction, completion, updating and erasure of your personal data, for the processing of which you have previously provided your consent;
d. Right to grievance redressal, in respect of any actions undertaken by us in relation to your personal data and exercise of your rights; and
e. Right to nominate any other individual, in the event of your death or incapacity, who would be entitled to exercise the aforementioned rights on your behalf, in relation to your personal data.
12. How can you review the personal data shared with us?
12.1 You can review the personal data shared with us at any time. If such information is inaccurate, or not complete / up to date, you can request us to rectify, erase or update it by sending us an email at the correspondence channels set out in paragraph 18 below.
13. How can you withdraw your consent provided to us under this privacy policy?
13.1 You have the option to withdraw your consent provided to us under this privacy policy any time. In such a case, we request you to: (a) contact us via email to the correspondence channels set out in paragraph 18 below, and (b) immediately cease your usage of the Website and follow the procedure set out in the Terms of Use of the Website.
13.2 Please note, however, that we may be still entitled to process your personal data under any other contractual arrangement with you or under applicable law for the time being.
14. How can you seek redressal of your grievances in relation to this privacy policy?
14.1 If you have any grievances concerning this privacy policy, you may submit the grievance via email to care@proemail.in or approaching our customer care via telephone to 8106426003. Our authorised representatives will attempt to resolve your grievances in a timely manner.
14.2 Please note that you may also be entitled to legal remedies available under applicable laws, including the Digital Personal Data Protection Act, 2023 and the rules thereunder, as and when enforced.
15. What are your obligations to us as data principal?
15.1 As a data principal, you are legally responsible for: (a) complying with applicable laws for exercise of your rights, (b) not impersonating any other person or providing personal data of any other person to us without ensuring their proper consent for such disclosure, (c) not suppressing any material information while providing your personal data, (d) not registering any frivolous or false complaint or grievance with us or any governmental authorities pursuant to this consent form and notice, and (e) furnishing only authentic and verifiable information while exercising your rights to erasure or correction of your personal data.
15.2 Please note that we are neither obligated nor equipped to authenticate or validate any personal data belonging to third parties, that you may disclose to us. We urge you to refrain from disclosing such personal data unless you possess adequate consent for such disclosure, and kindly notify us accordingly. It is important to note that: (a) we shall not be liable for any claims from third parties / governmental authorities concerning the processing of such personal data disclosed by you, and (b) in disclosing such personal data to us, you commit to defending, indemnifying, and holding us harmless in connection with any such claims.
16. Changes to privacy policy
16.1 We will process your personal data for the purposes for which it was collected as set out in this privacy policy, unless the same is processed for any legitimate uses set out under the Digital Personal Data Protection Act, 2023, as and when enforced and any other applicable laws, pursuant to which your explicit consent is not required. In case we are required to process your personal data for any other purposes, we undertake to procure your additional consent for the same.
16.2 We may update the contents of this privacy policy from time-to-time basis our business operations and objectives, and / or to comply with the requirements of applicable law. A copy of the last updated version of our privacy policy may be procured by a written request via the correspondence channels specified in paragraph 18 below. In case of any material changes to this privacy policy, which impacts the validity or extent of consent provided by you, we will attempt to inform you of the same at the earliest, and procure requisite additional consent from you for such processing of your personal data, if required.
17. Miscellaneous
17.1 This privacy policy shall, in all respects, be governed by and construed in accordance with the laws of India, without regard to any conflict of law principles. You agree to submit to the exclusive jurisdiction of India and the Data Protection Board of India (as and when constituted) and any appellate authorities thereto, in connection with any dispute arising out of or in connection with this privacy policy.
17.2 You further agree that all information disclosed by you pursuant to this privacy policy will be deemed to be disclosed willingly and without any coercion. No liability pertaining to the authenticity, genuineness, misrepresentation, fraud, negligence, etc., of the information disclosed shall lie on us or any third parties in receipt of your personal data. In case of a conflict between the terms of this privacy policy and any contractual agreement between you and us, the terms of this privacy policy shall prevail to the extent of such conflict, unless otherwise agreed to by you and us in writing.
18. How can you contact us?
18.1 For any information or queries, you may contact our authorised officer via email to care@proemail.in.