Privacy Policy
1) Introduction
We Apex Actsoft Technologies Pvt Ltd. a private limited company registered under Companies Act, 1956, having office at 8th Floor, Balaji Infotech Park, Plot No. A-278, Wagle Industrial Estate, Road No. 16 A, Lane Next to Wagle Police Station, Thane (W)– 400604 (“Portal / Apex” / “we”, “us”, “our”). We provide Products and Services pertaining to accounting and financial management software solutions which allows easy access to customized and modified tally application. It has developed business specific accounting Products and add ons to facilitate smooth accounting, and user friendly solutions for accounts, inventory, business entries, compliance and MIS.
References to “You / you”, “Users / users”, ““Your / your” shall mean the Users accessing and using the Services through the Platform.
We respect the privacy of everyone who visits or uses our Platform. This privacy policy (“Privacy Policy”) describes the procedures for collecting, using, and disclosing your information which you share with us for availing the Services or accessing the Platform (“Personal Information”). It also describes the principles and practices that apply to Personal Information collected from Users, over telephone, e-mail communications or during meetings.
This Privacy Policy shall be governed by the Terms of Use of the Platform as updated from time to time. All the capitalised terms used in the Privacy Policy shall have same meaning as provided in the Terms of Use.
When you visit the Platform, you are not required to provide any Personal Information unless and until you choose to purchase the Products and avail the Services as the case may be. In addition to this, by agreeing to avail the Products and Services and by submitting your Personal Information, you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. You also authorise us or our service providers to collate such Personal information and call / e-mail / text message you in connection to your interest in the Products and Services.
We recommend You to read this Privacy Policy so that You understand Our approach towards the use of your Personal Information.
We will not knowingly disclose your Personal Information to third parties, except as provided in this Privacy Policy. We will take reasonable steps to protect the security of the Personal Information We collect from you.
By accepting this Privacy Policy, you authorize us to collect, store, use, disclose, retain and transfer your Personal Information in accordance with this Privacy Policy.
If you do any or all of the following, you indicate that you have read, understood, and agree to this Privacy Policy:
- explicitly accepting this Privacy Policy such as by ticking a checkbox.
- accessing the Platform.
- creating an account on the Platform.
- accessing an account on the Platform.
- making a payment for the Platform.
- contacting Us.
- undertaking any other action that involves interacting with us.
2) Definitions
“Products“ shall mean the Products which are advertised by Apex on the Platform, and which can be purchased and used by the Users after completing offline or online Registration. .
“Register” shall mean registering to the Portal or accessing webpages to avail the services provided by the Portal.
“Services” shall mean various services advertised / displyed by Us through the Platform or offered offline including but not limited to Tally AMC, Onsite support, Training, Customisation etc.
“Users” shall mean Users who visit and access the Portal, who may or may not Register to avail Products and Services.
“Portal” shall mean https://apexactsoft.com owned, operated and managed by Us.
“You” or “Your” or “Yourself” refers to the Users or viewer of this Portal.
3) Information Which Is Collected & Stored
In order to provide safe, efficient, smooth and customised Services or Products, we ask for certain Personal Information which is collected and stored by us. This facilitates us to provide Products and Services and features that most likely meet your needs through Platform. We collect Personal Information from you that We consider necessary for achieving this purpose. For purposes of this Privacy Policy, Personal Information includes any information that can be used to personally identify the User, including but not limited to User’s name, address, telephone / mobile number, e-mail address, personal photo, age, gender, birth date, educational qualification, information in relation to the User’s business or occupation, details of Debit card / Credit Card and other information of similar nature.
As part of our Products or Services, We may use third-party technologies to understand how our Users as a whole use our Products or Services and constantly enhance, innovate Products or Services to reflect the needs of the Users. When you use, or access the Platform, We may also collect and store additional information which may or may not personally identify you or be identifiable with other information collected. Such information includes, without limitation, your internet protocol address, your usage and log in information, browser types, domain name, device locations, geographic locations, type of operating system, browser type and version, operating system, identifiers associated with cookies or other technologies that may uniquely identify your device or browser and other statistical data involving your use of the Platform and / or our Services. This information is collected passively using various technologies or may be provided by you through communications with us.
User understands that User shall be solely responsible for the accuracy and truthfulness of the Personal Information shared with us. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he / she has the necessary authority to share such Personal Information with us and we shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.
Unless specifically requested, we ask that you do not send us and you do not disclose, on or through the Platform or otherwise to us, any sensitive personal information, including any of the following:
(i) racial or ethnic origin.
(ii) political opinions.
(iii) religion
(iv) ideological or other beliefs.
(v) physical, physiological and mental health condition.
(vi) sexual orientation.
(vii) biometrics information or genetic characteristics.
(viii) national identification numbers / Aadhar card number.
(x) criminal background.
(xii) administrative or criminal proceedings and sanctions or
(xiii) any other sensitive personal data information.
4) Collection of Non-Personal Information
We may automatically collect non-personal information about You such as the type of internet browsers You use or the website from which You linked to our Platform. We may also aggregate details which You have submitted to the Platform You cannot be identified from this information and it is only used to assist us in providing an effective service on this Platform. We may from time-to-time supply third parties with this non-personal or aggregated Information in connection with the Product and Services mentioned on this Platform.
The details related to the aggregation of information provided by You on the Platform shall be used for our reference. But the details of individual information shall not be used by us. For example – for the purpose of analysis, the data shall be used by us in order to analyse the number of people who wants to use this Product and Service. But data, information, preferences and choices related to You and Services obtained shall not be used by us.
5) Development of Derivative Data
6) How We Use Personal Information & Non-Personal Information
The Personal Information is collected and used for:
(i) registration of User and providing User with a log-in ID for the use of Platform, purchase of Product and Services.
(ii) maintaining and managing User’s registration.
(iii) delivering Products and Services to you and your business contacts, customers and provide information about other Services / Products offered by us.
(iv) attending enquiries and / or complaints.
(v) scheduling call / meeting or sending email for providing information about Products or Services as per your requirement.
(vi) administering your accounts and to improve the quality of as well as your experience of the Platform, Products and Services, including but not limited to conducting audits and resolving your issues.
(vii) helping to promote safe services.
(viii) occasionally sending promotional emails, messages or contact you to communicate about existing Products and Services or new services, special offers, benefits or other information which we think you may find interesting using the email address, contact details which you have provided.
(ix) measuring User’s interest in our Products and Services.
(x) managing our relationship with you.
(xi) maintaining and update our records.
(xii) monitoring suspected fraud, misconduct and unlawful activities on the Platform.
We will not knowingly disclose your Personal Information to third parties, except as provided in this Privacy Policy. We will take reasonable steps to protect the security of the Personal Information we collect from you.
We may share data provided by you to third-party service providers certain information, such as your activity and interests in terms of specific browsing or queries updated by you in aggregated mode so as to better understand which advertisements and Services may interest you.
We will retain your Personal Information as long as it is reasonably required or otherwise permitted or required by applicable law or regulatory requirements even after your account is terminated. We may also retain your Personal Information so long as it is necessary to fulfil the purposes for which it was collected (including for purposes of meeting any legal, administrative, accounting, or other reporting requirements). We endeavour, your Personal Information is safeguarded against in appropriate access and disclosure, as per this Privacy Policy. Please refer to our “Data retention” clause for more information regarding retention of information shared by You.
7) Cookies
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given User. We may place both permanent and temporary cookies in your computer’s hard drive while using our Products and services. These cookies do not contain any of your personally identifiable information. You may choose to disable the cookies using the settings in your operating system of the device. However, if you do so, you may not be able to use the full functionality of our Platform.
8) Disclosures
We may use the uploaded activity data, in an aggregated manner, for enhancing the quality of our Products and Services. Keeping in mind the rules regarding Privacy Policy, We may send, rent, share, distribute, lease or otherwise provide or disclose User’s Personal Information to third parties in the following circumstances:
- Administrators: We may provide access to User’s Personal Information to any of our authorised administrator for an internal business purpose, who shall be under confidentiality obligations towards the same.
- Affiliates: We may provide Personal Information that we collect to our affiliates. For example, we may disclose Personal Information to our affiliates / professional consultants who provides consultation to Users through Platform in order to respond to your requests for information or Services, or to help limit your receipt of marketing materials you have requested not to receive.
- Third-Party Applications: We may share your Personal information to third party application, for example when You choose to access our Services through an application or a platform. Facebook, LinkedIn, Google, Instagram etc. You understand and acknowledge that we are not responsible for those third parties use your Personal Information, so you should make sure you trust the application or platform and that it has a Privacy Policy which is acceptable to you.
- Joint marketing arrangements: Where permitted by law, We may share your Personal Information with joint marketers with whom We have a marketing arrangement, who shall be under confidentiality obligations towards the same.
- Legal and Regulatory Authorities: We may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Personal Information about our Users to law enforcement officers or others, in the good faith that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of Platform, our Users or the general public. You agree and acknowledge that We may not inform you prior to or after disclosures made according to this section.
- Persons who acquire our assets or business: We may transfer your Personal Information if we are acquired by / we acquire or merge with another entity or transfer a part of our business, including the Platform to a third party. Any third party or resultant entity that receives your Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use your Personal Information. In the event of such a sale or transfer, we reasonably notify you.
- Service providers or business partners: We may use certain trusted third party and individuals to help us to provide, analyse, and improve the Products and Services or provide marketing, development or consulting services, data storage, payment processing and other features related to the Service. These third parties may have access to your Personal Information only for the purposes of performing their respective tasks and are under obligations similar to those in this Privacy Policy. We may disclose your Personal Information to service providers who perform hosting Services on our behalf.
- Testimonials: We may publish any testimonials that you have provided about the Platform or Products or Services and such testimonials and other marketing, promotions and advertisements may include your Personal Information that you have provided to us.
Notwithstanding anything mentioned hereinabove, we shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall we be responsible and / or liable for any additional information user may chooses to provide directly to any third party.
9) Data Retention
We may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. consistent with these requirements. We may also need to retain certain data for recordkeeping purposes, and there may also be residual Personal Information that will remain in our databases and on other records, which will not be removed. Please note that there might be latency in deleting the Personal Information from our servers and backed-up versions. In addition, we do not delete from our servers’ files that you have in common with other Users.
10) Right to Update User Data
Under the applicable laws, User have the right of access to Personal Information held by us and to request updating / correcting the Personal Information.
11) Security
We value your Personal Information we will ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting your Personal Information from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate. All Personal Information is securely stored with shared hosting server. As a matter of security, we take back-up of systems periodically. Although, we provide appropriate firewalls and protections, our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liabilities or responsibility and are not liable in whatsoever manner.
You are responsible for all actions of your User account and password. Therefore, we do not recommend that You disclose your password to any third party. If You choose to share your User account and password or any Personal Information with third parties, You are solely responsible for the same. If You lose control of your password, You may lose substantial control over your Personal Information and may be subject to legally binding action.
12) Interaction Between You & Platform
We are interested in your views, and we value the Feedback (defined below) we receive from you. However, we do not have control or are responsible for any such Feedback or the Personal Information which you make available through the Platform. We encourage you to be careful regarding the Personal Information you disclose in this way.
Subject to any applicable law, any communication or feedback sent by you to the Platform or Users (including without limitation testimonials, reviews, comments, contents, images, audio, feedback etc. collectively “Feedback”) is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for purpose. We can use the feedback including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing Products and Services.
You agree that You will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract) and You hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of You as the source of the Feedback. your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that You do not send us any Feedback that You do not wish to assign to Us, including any confidential information, Personal Information or any original creative materials. You shall be responsible for the content and Personal Information contained in any Feedback sent by You to the Platform or otherwise to us, including without limitation for its truthfulness and accuracy.
13) Third Party Links
We may have links to other website or You are referred to our Platform through a link from another website. We shall not be responsible for the privacy policies and practices of other websites. Such content is subject to their terms of use and any additional guidelines and privacy information provided in relation to that use on their website.
We recommend that You check the policy of each website You visit to better understand your rights and obligations especially when You are submitting any type of content on those third party website. Please contact the owner or operator of such website if You have any concerns or questions.
14) Indemnification
User agrees to indemnify us, our partners, affiliates, service providers, officers, agents and employees and hold us harmless from and against any claims and demand, including reasonable attorney’s fees, made by any third party due to arising out of or relating to:
(i) accuracy and correctness of Personal Information and contents that User submits or shares through the Platform
(ii) User’s violation of this Privacy Policy
(iii) User’s violation of any rights of another User.
15) Limitation of Liability
Platform will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of your Personal Information) and for use of or inability to use Products and Services of any kind that is offered or to provide indemnity or any other remedy to You or any third party. We make reasonable efforts to ensure that the Platform is free from defects or viruses. It is your responsibility to ensure that you use the correct devices for accessing and using the Platform and to protect from anything that may damage it.
16) Reservation of Rights
All rights not expressly granted in this Privacy Policy are reserved by us. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right registered or unregistered under any copyright, patent, trademark or other intellectual property right of Apex or any other person or to User.
17) Governing Law & Disputes
This Privacy Policy is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information; other relevant laws, and our policies. You agree that the Governing Laws in whatsoever case shall be Indian Laws and regulations.
Any dispute arising, between You and Apex shall be governed under the laws of India and courts of law at Thane, Maharashtra, India shall have exclusive jurisdiction over such disputes.
18) Changes to This Policy
Amendments to this Privacy Policy will be posted to this Platform from time to time and it shall be your responsibility to be aware of any significant changes. Your continued use of this Platform following the posting of any amendment, modification, or change shall constitute your acceptance of the amendment. Please check our Privacy Policy on a regular basis.
19) Children
The Platform is not directed at anyone who we know to be under the age of 18, nor do we collect any Personal Information from anyone who we know to be under the age of 18. If You are under the age of 18 years, please do not use the Service and do not submit any Personal Information to us. In case You are under the age of 18 years and wish to use the Platform You should obtain permission from your parents and guardians before sharing any Personal Information about yourself to the Platform.
20) Contact Us
If You want to avail / purchase any of our Services, You can email us at info@apexactsoft.com.
If You have questions or concerns or grievances regarding this Privacy Policy, You can email us at above mentioned email Id.