Terms & Conditions and Privacy Policy
Last updated June 27, 2022
Welspun Project Stithi is licensed to you (End-User) by Welspun Enterprises Limited, located at Welspun House, 3rd Floor, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra 400 013, India ('Licensor'), for use only under the terms of this End User License Agreement. Welspun Enterprises Limited is registered in India and having its registered office at Welspun City, Village Versamedi, Taluka Anjar, Kutch, Gujarat 370 110.
Please read this End User License Agreement (“License Agreement”) carefully before using Welspun Project Stithi (“Licensed Application”). By installing the Licensed Application from Google's software distribution platform (“Play Store”), you are agreeing to be bound by the terms and conditions of this License Agreement.
Play Store is referred to in this License Agreement as “Services”.
Licensor and End User are individually referred to as “Party” and collectively as “Parties”.
Parties of this License Agreement acknowledge that the Services is not a party to this License Agreement and is not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Welspun Enterprises Limited, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Google Play Terms of Service ('Usage Rules'). Welspun Enterprises Limited acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.
Licensed Application and any third party software, documentation, interfaces, content, fonts and any data accompanying this License Agreement whether in read only memory, on any other media or in any other form, when purchased or downloaded through the Services, is licensed, and not sold, to you by the Licensor for use, under the terms of this License Agreement. The Licensor retains ownership of Licensed Application and reserves all rights not expressly granted to you. Licensed Application is to be used on devices that operate with Google's operating system (”Android”).
TABLE OF CONTENTS
Licensed Application is a software created for attendance marking of employees and beat management — and customised for Android mobile devices ('Devices'). It is used for attendance marking of employees and beat management.
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any devices that you (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with you (via family sharing or volume purchasing.
2.2 This License Agreement will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the Licensed Application, unless a separate license is provided for such update or upgrade, in which case the terms of that new license will govern such updates or upgrades .
2.3 You shall not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Licensor’s prior written consent), or sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You shall not reverse engineer, translate, disassemble, integrate, decompile, remove, decrypt, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof except with the Licensor’s prior written consent).
2.5 You shall not copy or alter the Licensed Application or portions thereof except when expressly authorised by this License Agreement and the Usage Rules). You may create and store copies only on devices that you own or control for backup keeping under the terms of this License Agreement, the Usage Rules, and any other terms and conditions that apply to the device or software used. You shall not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your devices to a third party, you must remove the Licensed Application from the devices before doing so.
2.6 Violations of or any attempt to violate the obligations mentioned above, , may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of License Agreement.
2.8 Nothing in this License Agreement should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions.
3.1 Licensor reserves the right to modify the technical specifications as it deem appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Play Store’s overview for this Licensed Application.
4.2 Licensor and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5.1 To the extent not prohibited by applicable law, in no event shall Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application or any third party software, applications or services in conjunction with the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. In no event shall Licensor’s total liability to you for all damages exceed the amount of INR [ ].
6.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download. Licensor warrants that the Licensed Application works as described in the user documentation.
6.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless by youor by third parties, or if there are any other reasons outside of Licensor’s sphere of influence that affect the executability of the Licensed Application.
6.3 To the maximum extent permitted by applicable law, the Licensed Application is provided “as is” and “as available”, with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Application, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
6.4 You are required to inspect the Licensed Application immediately after installing it and notify the Licensor about issues discovered without delay by email provided in product claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 10 days after discovery.
6.5 If we confirm that the Licensed Application is defective, the Licensor shall reserve a choice to remedy the situation either by means of solving the defect or a substitute delivery.
6.6 You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Licensed Application is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Welspun Enterprises Limited
Welspun House, 6th Floor, Kamala Mills Compound,
Senapati Bapat Marg, Lower Parel
Mumbai, Maharashtra, 400 013
India.
The License Agreement is valid until terminated by the Licensor or by you. Your rights under this License Agreement will terminate automatically and without notice from the Licensor if you fail to adhere to any term(s) of this License Agreement. Upon termination of the License Agreement, you shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
You represent and warrant that you shall comply with applicable third-party terms of the agreement while using the Licensed Application.
In accordance with Section 9 of the “Instructions for Minimum Terms of Developer's End-User License Agreement”, Google's subsidiaries shall be third-party beneficiaries of this License Agreement and upon your acceptance of the terms and conditions of this License Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.
“Intellectual Property Rights” shall mean and include patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets and any licenses and permissions in connection therewith, in each and any part of the world and whether or not registered or registerable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing, and all copies and tangible embodiments of any of the foregoing.
Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes third party's Intellectual Property Rights, Licensor, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such Intellectual Property Rights infringement claims.
This License Agreement is governed by the laws of India excluding its conflicts of law rules. Courts of Mumbai, India shall have jurisdiction to adjudicate the disputes arising out of or in connection with this License Agreement.
12.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
12.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
WELSPUN PROJECT - STITHI APPLICATION PRIVACY POLICY
Updated: June 27, 2022
Effective: June 27, 2027
Welspun Project Stithi Application (as hereinafter defined) (“we”, “us”, “our”, or “WEL”) is committed to protecting your privacy. WEL Smart Privacy Policy (this “Policy”) describes our practices in connection with information privacy on Personal Data (as hereinafter defined) we process through your use of our products and services (collectively, the “Services”), for instance, the Welspun Project Stithi Application (the “App”).
Before you start using the Services, please carefully read this Policy which details our purposes for collecting and processing your Personal Data, as well as how we use, store, share, and transfer your Personal Data. In this Policy, you will also find ways to exercise your rights of access, update, delete or protect your Personal Data.
If you have any questions regarding this Policy, please do not hesitate to contact us via:
WEL Customer Service Department: 1-844-672-5646 or service@welspun.com
WEL Privacy Office: privacy@Welspun.com
You are not obliged to provide us with your Personal Data (as defined below). However, we may be unable to provide you with certain products and/or Services if you decline to provide such data.
If you are a child under the age of 13 (or such other age provided by applicable law in your country/region of residence), please read this agreement and the "WEL Children's Privacy Statement" with your legal guardian or parent and make sure that you and your guardian or parent have a clear understanding about our privacy protection practices.
Definitions
In this Policy:
Affiliate means any company, firm or legal entity that: (1) is directly or indirectly controlled by WEL; or (2) directly or indirectly controls WEL; or (3) jointly with WEL, controls the same company; or (4) is, directly or indirectly, under common control of the same company with WEL. Affiliates shall include, without limitation, WEL’s parent companies, subsidiaries, and such subsidiaries under common control of the same parent company as WEL.
Personal Data means information generated, collected, recorded and/or stored, electronically or otherwise, that can be used to identify an individual or reflect the activity of an individual, either from that information alone, or from that information and other information we have access to about that individual.
Personal Sensitive Data includes personal biometric information, communication records and contents, health information, transaction information, and precise location information, etc., according to various data protection laws and regulations. When we collect Personal Sensitive Data from you, we will generate an explicit notification for your consent before we collection personal sensitive data about you.
What Personal Data do we collect?
In order to mark your attendance, we track your location from 08:00 AM to 08:00 PM IST on all working days
1) Information you voluntarily provide to us
Registered Account Data: When you install the Application, we ask for your Employee Id and mobile phone number, which has already been provided by you to WEL. This information is asked only to validate these credentials.
Additional functions based on location information:
When you enable the location-based functions through permission settings on your mobile device, we will collect and process your location information to enable these functions. Also, you are required to take a selfie photo at the time of marking attendance.
Your location information will be generated and shared with Open Street Maps services. Please note that Open Street has corresponding data protection measures, which you may refer to Open Street’s Data Processing and Security Terms for more details.
Additional services based on camera:
While taking a selfie photo to mark your attendance, you use the camera to scan the code by turning on the camera permission to pair with the App, take video, etc. Please be aware that even if you have agreed to enable the camera permission, we will only obtain information when you actively use the camera for marking attendance or do photo logging to indicate status of task,
Please note that if you turn on any permission, you authorize us to collect and use relevant personal information to provide you with corresponding Services. Once you turn off any permission, we will take it as a cancellation of the authorization, and we will no longer continue to collect Personal Data based on the corresponding permissions, and the related functions may be terminated. However, your decision to turn off the permission will mean you will not be able to mark your attendance.
2) Information We Collect Automatically
Please note that one cannot identify a specific individual by using device information or log information alone. However, if these types of non-personal information, combined with other information, may be used to identify a specific individual, such information will be treated as Personal Data. Unless we have obtained your consent or unless otherwise provided by data protection laws and regulations, we will aggregate or desensitize such information.
3) Smart Devices Related Information:
When you use a Smart Device, we will collect some basic and pre-embedded information of the Smart Device and the information generated during your use of the Smart Device.
Purposes and Legal Basis for Processing Personal Data
The purpose for which we may process information about you are as follows:
If there is any change in the purposes for processing your Personal Data, we will inform such change to you with a prominent notice on our website of such changes of purposes, and choices you may have regarding your Personal Data.
Who do we share personal data with?
At WEL, we only share Personal Data in ways that we tell you about. Without your consent, we will not disclose your Personal Data to third-party companies, organizations, or individuals except in the following cases:
(a)Comply with applicable law, regulation, legal process, or lawful governmental request;
(b)Enforce our User Agreement and other agreements, policies, and standards, including investigation of any potential violation thereof;
(c) Protect our operation and business systems;
(d)Protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law; or
(e)Perform risk management, screening and checks for unlawful, fraudulent, deceptive or malicious activities.
Except for the third parties mentioned above, we only disclose your Personal Data to other third parties with your consent.
Data Transfer
We protect Personal Data in accordance with this Policy wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws.
If you would like further details on the safeguards we have in place under the data transfer, you can contact us directly as described in this Policy.
Data Subject Rights
We respect your rights and control over your Personal Data. You may exercise any of the following rights:
You do not have to pay any fee for executing your personal rights. Subject to applicable data protection laws in relevant jurisdictions, your request of personal rights will be fulfilled within 15 business days, or within 30 calendar days due to different response requirement.
If you decide to email us, in your request, please specify what information you would like to have changed, whether you would like to have your Personal Data deleted from our database or otherwise let us know what limitations you would like to put on our use of your Personal Data. Please note that we may ask you to verify your identity before taking further action on your request, for security purposes.
You may:
Security Measures
We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Data. WEL provides various security strategies to effectively ensure data security of user and device.
As for device access, WEL proprietary algorithms are employed to ensure data isolation, access authentication, applying for authorization.
As for data communication, communication using security algorithms and transmission encryption protocols and commercial level information encryption transmission based on dynamic keys are supported.
As for data processing, strict data filtering and validation and complete data audit are applied. As for data storage, all confidential information of users will be safely encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you could immediately notify us of the problem by emailing us at privacy@welspun.com.
In addition, we have obtained the Enterprise Privacy Certification (EPC).
Data Retention
We process your Personal Data for the minimum period necessary for the purposes set out in this Policy, unless there is a specific legal requirement for us to keep the data for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your Personal Data, and after the retention period ends, we will destruct your Personal Data.
When we are unable to do so for technical reasons, we will ensure that appropriate measures are put in place to prevent any further use of your Personal Data.
Dispute Resolution
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact privacy@welspun.com
Changes to this Policy
We may update this Policy to reflect changes to our information practices, at least on an annual basis. If we make any material changes we will notify you by email (send to the e-mail address specified in your account) or by means of a notice in the mobile applications prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Contact Us
If you have any questions about our practices or this Policy, please contact us as follows:
WEL Global, Inc.
Postal Mailing Address: 3979 Freedom Circle, Suite 340, Santa Clara, CA 95054, USA