TERMS AND CONDITIONS OF SERVICE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) BEFORE USING KOMPLIFY.

A.    DEFINITIONS

Capitalized terms appearing in this TOS shall have the meaning as stated below:

“Client” or “You”, including its grammatical variations, means and includes any person such as a natural person, company, organization or legal entity, using the Services as defined below.

“Client Data” means and includes the details provided by You at the time of creation of Komplify user account and any proof of compliance such as scanned copies of forms, internal memos, statutory documents, reports, filings, applications, notices, etc. submitted by You through Komplify (defined below).

“Compliance Data” means specific regulatory compliance requirements identified as applicable to the Client by Lexplosion, the applicability being decided on the basis of business specific information shared by the Client through the Komplify platform and subsequent discussions (if any) between the Client and Lexplosion.

“Komplify” means the web-based proprietary legal governance, risk and compliance management solution of Lexplosion.

“Lexplosion” means Lexplosion Solutions Private Limited, a company registered under the Companies Act, 1956 and having its registered office at D 20, Hauz Khas, New Delhi - 110016 India and currently having its corporate office at Office No. 12ES14, 12th Floor, Mani Casadona, Plot No. IIF/04, Action Area, Newtown, Rajarhat, Kolkata – 700135, India and includes its authorized employees, and affiliates.

“Services” shall mean the automated and/or manual identification of the laws and compliances to subscribed and registered Clients. All such Clients will get the details as applicable to the Client’s business operations, creating Compliance Data in Komplify, configuring Komplify for use by authorized Client personnel to manage all compliance requirements faced by the organization, and updating Compliance Data post deployment due to changes arising in the Client’s business or operating model.

“Third Party Vendors” shall mean and include any third party vendor and/or hosting partner of Lexplosion engaged in developing, managing, maintaining and hosting Komplify and approved by Lexplosion in writing to You (defined below).

B.    GENERAL TERMS

1.     USER CONSENT TO THE TOS AND USE OF PORTAL

You represent, warrant, and covenant that You shall abide by all the terms and conditions contained in this TOS in connection with the use of Komplify and the Services. You agree that Your acceptance of this TOS is an acceptance on behalf of Yourself, Your employees, vendors, and any other party who is authorized by You to use Komplify in the regular course of Your work, to the extent permitted by this TOS and that You shall take all necessary steps to ensure that such users abide by the terms and conditions contained herein.   

2.     INTELLECTUAL PROPERTY

a)     Komplify, including but not limited to, its information, data, materials, software, functionality, and content excluding Client Data, are proprietary and are protected by copyright laws, intellectual property laws and other laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with Komplify.

b)    Komplify and Compliance Data has been developed, compiled, prepared, revised, selected, and arranged by or on behalf of Lexplosion through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Lexplosion, and You acknowledge and agree that You have no ownership rights in Komplify and that no such rights are granted under the TOS. You agree to protect the proprietary rights of Lexplosion during and after Your use of Komplify. You shall honor and comply with all written requests made by Lexplosion to protect the contractual, statutory, and common law rights Komplify, Compliance Data and in the Services with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify Lexplosion in writing promptly upon becoming aware of any claim that Komplify or Compliance Data infringes any patent, copyright, trademark, or other contractual, statutory, or common law rights. Lexplosion shall retain all rights to all data, except Client Data, comprising or included in the Komplify, Compliance Data and / or Services. The use of Komplify or Compliance Data or Services does not affect the ownership of any data or materials, whether tangible or intangible, belonging to third parties.

c)     You shall not use any of Lexplosion’s trademarks, trade names, or service marks (including without limitation “Komplify”) in any manner that creates the impression that such names and marks belong to or are identified with You or that You are associated with or licensed by Lexplosion or its affiliates to use such names or marks, and You acknowledge that You have no ownership rights in or to any of these names or marks.

d)    The Lexplosion and Komplify logo and trademark is owned by Lexplosion. All contents of Komplify and the Compliance Data are copyrighted.

e)     You shall not remove the copyright notice, Lexplosion branding, and any terms of license from any Compliance Data.

3.     LICENSE

a)     Permitted Uses:  Lexplosion grants You a non-exclusive, non-transferable, and limited license to access and use Komplify for accessing and using the Compliance Data in the regular course of Your work only as expressly permitted in this TOS. The Compliance Data is solely and exclusively for Your use (except as otherwise expressly permitted herein) in the regular course of Your work and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this TOS. You shall use the data made available via Komplify solely in the regular course of work performed by You. Except as otherwise provided or permitted by Lexplosion from time to time, You may print portions of Compliance Data, use it within Your organization for purposes consistent with the terms and conditions of this TOS; and (ii) quote and excerpt from such data in memoranda, briefs, and similar work product created by You in the regular course of Your work.

b)    Restrictions:  Except as expressly permitted in the TOS, You shall not (i) re-circulate, distribute, scrape, store, transmit, publish, broadcast, copy, download, or otherwise use the Compliance Data or any portion thereof in any form or by any means except with the prior written consent of Lexplosion; or (ii) share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from Komplify; or (iii) use the marks, names, or logos of Lexplosion including without limitation Komplify without express written permission from Lexplosion. Any violation of this provision may, in Lexplosion’s discretion, result in termination of Your use of and access to Komplify, effective immediately. Except as expressly permitted in the TOS, You shall not sell, license, or distribute Compliance Data to third parties or use Compliance Data as a component of or as a basis for any material offered for sale, license, or distribution. Notwithstanding anything to the contrary in the TOS, You shall not use and shall not authorize any third party to use Komplify, or Compliance Data in any manner (including, without limitation, with respect to quantity, frequency of access, or distribution or scope of distribution, as applicable) that could, in Lexplosion’s judgment, either cause Komplify, Services or Compliance Data so used to: (i) be a source of or substitute for Komplify, Services or Compliance Data; (ii) affect Lexplosion’s ability to realize revenue in connection with Komplify or Services; (iii) compete with the business of Lexplosion; or (iv) negatively affect Lexplosion’s network or servers, including without limitation the speed of delivery of Compliance Data. Notwithstanding anything to the contrary in this TOS, Lexplosion reserves the right, in its sole discretion, to temporarily or permanently block access to Komplify, at any time without notice and effective immediately due to the contravention or attempted contravention of this sub-clause. Unauthorized access or use of Komplify or Compliance Data or Client Data is unlawful and Lexplosion shall have all rights provided by law to prevent such access or use and to recover damages in such event.

c)     Additional Restrictions:  Except as expressly permitted in the TOS, You shall not: (i) use Komplify in any manner that could harm, take over, disable, overburden, or otherwise impair any of Lexplosion’s computer systems; (ii) access, monitor or copy any content or information on Komplify, including but not limited to user information, or Komplify architecture, using any robot, spider, scraper, web crawler, or other automated means or any similar manual process or any software; (iii) bypass or circumvent other measures employed to prevent or limit access to Komplify or Compliance Data; (iv) attempt to gain unauthorized access to any services, servers, or networks used by Komplify through any means; (v) attempt to gain access to the Compliance Data or Client Data through any means not intentionally made available by Lexplosion; or (vi) use Komplify, or the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Lexplosion or Komplify in unsolicited mailings or spam material.

4.     REGISTRATION, ACCESS, AND SECURITY

a)     Registration and User ID:  You shall gain access to Komplify and Compliance Data through a unique username and password (Your unique username and password, the “User ID”), which shall be used by You only for so long as You are authorized in accordance with this TOS. YOU AGREE TO TREAT THE USER ID AS CONFIDENTIAL AND NOT TO DISCLOSE SUCH USER ID, EITHER DIRECTLY OR INDIRECTLY, TO ANY OTHER PERSON. You are fully responsible for all usage and activity on Komplify through You, including, but not limited to, any use of the User ID.

b)    Security:  You agree to promptly notify Lexplosion at komplify@lexplosion.in of any known or suspected unauthorized use of Komplify, including but not limited to the User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID. You agree to properly exit Komplify at the end of each session. Lexplosion shall not be liable to You or any third person or entity for any loss or damage arising from Your failure to comply with these requirements.

5.     DISCLAIMER AND LIMITATION OF LIABILITY

a)     Warranties:  Each time You use Komplify, You shall be deemed to represent, warrant, and covenant to Lexplosion that: (i) You have all required regulatory and legal authority to enter into and be bound by the TOS; and (ii) Your use of Komplify complies with all applicable laws, rules, and regulations.

b)    Basis of the Compliance Data and the Services: Lexplosion provides You with the Compliance Data and the Services based on the business specific information shared by You, the instructions given by the Client to Lexplosion, discussions between Lexplosion and the Client in respect of such information and the laws of India. You shall use the information contained in the Compliance Data and the Services in conjunction with proper advice as to its application and adaptation for your particular requirements, if required.

c)     Liability:  LEXPLOSION MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE COMPLIANCE DATA OR SERVICES AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. YOUR USE OF THE COMPLIANCE DATA OR SERVICES IS AT YOUR SOLE RISK. Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, Lexplosion shall not, directly or indirectly, be liable, in any way, to You or any other person for any inaccuracies, delays, errors, or interruptions in the use of Komplify, Compliance Data or Services, or any loss or damage arising there from or occasioned thereby, or by reason of any nonperformance, which is not attributable to Lexplosion or Third Party Vendors. Notwithstanding anything to the contrary in this TOS, to the extent permitted by law, the aggregate liability of Lexplosion arising in connection with this TOS for damages, regardless of the form of the action, shall not exceed the monthly user license fee charged from You for Your user. No action, regardless of form, arising out of or pertaining to the Compliance Data, Komplify or Services may be brought by You upon expiry of three months after the cause of action has accrued.

d)    No Legal or other Advice: NEITHER THE COMPLIANCE DATA NOR THE SERVICES OR ANY PORTION THEREOF CONSTITUTE A SOLICITATION, OFFER, OPINION, OR RECOMMENDATION BY LEXPLOSION OR ANY SUPPLIER OF DATA FOR ANY TRANSACTION IN ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR TO PROVIDE LEGAL OR FINANCIAL ADVICE OR SERVICES AND NEITHER LEXPLOSION NOR ANY SUPPLIER OF DATA IS ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL OPINION. IF LEGAL OPINION OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF AN APPROPRIATE COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITY AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE COMPLIANCE DATA AND SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE COMPLIANCE DATA OR SERVICES. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED WITH LEXPLOSION, ITS AFFILIATES, OR ANY SUPPLIER OF DATA THROUGH USE OF THE SERVICES. IT IS HEREBY CLARIFIED THAT ANY WORK WHERE YOU REQUIRE LEXPLOSION’S ASSISTANCE, OTHER THAN TECHNICAL SUPPORT WITH RESPECT TO KOMPLIFY, SHALL BE CHARGEABLE SEPARATELY. SUCH ADDITIONAL ACTIVITY SHALL BE UNDERTAKEN AT LEXPLOSION’S DISCRETION AND UPON MUTUALLY ACCEPTABLE TERMS AND CONDITIONS.

e)     Limitations of the Compliance Data and the Services: THE COMPLIANCE DATA OR SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE”. LEXPLOSION USES REASONABLE EFFORTS TO ENSURE THAT THE CONTENTS OF THE COMPLIANCE DATA INCLUDING THE FORMS TO BE FILED WITH ANY STATUTORY AUTHORITY UNDER ANY LAW ARE ACCURATE AND UP TO DATE. THE CONTENTS ARE CREATED FROM RELIABLE RESOURCES AVAILABLE IN THE PUBLIC DOMAIN. LEXPLOSION HEREBY EXPRESSLY DISOWNS ANY AND ALL ERRORS IN THE COMPLIANCE DATA AND SERVICES ARISING OUT OF ERRORS IN SUCH RESOURCES OR INFORMATION RECEIVED FROM STATUTORY AUTHORITIES IN RESPONSE TO APPLICATIONS FILED UNDER THE RIGHT TO INFORMATION ACT, 2005. THE FORMS AVAILABLE THROUGH KOMPLIFY ARE SAMPLES FOR REFERENCE PURPOSES ONLY AND SHOULD NOT BE USED FOR FILING WITH THE STATUTORY AUTHORITIES. THE USER NEEDS TO OBTAIN THE FORM FROM THE APPROPRIATE AUTHORITIES AS MENTIONED IN THE COMPLIANCE DATA. 

f)     Force Majeure: Lexplosion shall be not be held liable for any default resulting from any circumstances beyond the reasonable control of Lexplosion, including any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or any technical or other problems affecting any operation of the Services ("Force Majeure").

g)    Remedies:  If You breach or threaten to breach any provision of the TOS, Lexplosion shall be entitled additionally to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Lexplosion from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative. If Lexplosion prevails in such action, Lexplosion shall be entitled to recover from You all reasonable costs, expenses and attorneys’ fees incurred in connection there with. Lexplosion retains the right to temporarily or permanently block access to Komplify if Lexplosion, in its sole discretion, believes that Komplify or Compliance Data have been or may be used for an improper purpose or in violation of the terms of the TOS.

h)     Confidentiality. You agree to keep confidential all information received by you using Komplify as well as the functionalities of Komplify for the time that your agreement with Lexplosion continues and for a minimum of seven (7) years thereafter. Lexplosion shall use commercially reasonable efforts to keep confidential the information You enter into the Komplify workspaces, provided that this obligation shall not apply to any information that: (i) You provide in connection with another Lexplosion service, function or product or other agreement between You and Lexplosion; (ii) becomes generally known or available to the public or is disclosed without restriction in published materials or is disclosed, not due to a breach of any confidentiality obligations by Lexplosion; (iii) is known to Lexplosion at the time of disclosure by You; (iv) Lexplosion obtains from a third party or a source other than You which is not known to Lexplosion to be subject to confidentiality; (v) You instruct Lexplosion to disclose; or (vi) Lexplosion is legally required to disclose. Please refer to a copy of the ‘Privacy Policy’ for more information.

6.     TERMINATION

Notwithstanding anything to the contrary in the TOS, Lexplosion reserves the right to terminate this TOS, or suspend or terminate Your access to Komplify and use of the Compliance Data in its sole discretion, by serving one day’s written notice to You for the breach of the terms and conditions of this TOS. Lexplosion shall not be liable to You or any third party for the termination or suspension of the Services or access to the Compliance Data and Komplify, or any claims related to such termination or suspension. Upon termination of the TOS for any reason whatsoever, You shall discontinue accessing Komplify and cease all use of the Services. For the avoidance of doubt, any such termination shall not terminate any of Your obligations under this TOS which are either expressly stated or reasonably implied to survive such termination.

7.     GOVERNING LAW

The TOS shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the competent courts located in Kolkata having jurisdiction in connection with any matters arising out of these TOS and not to assert a defense of forum non-conveniens.

8.     ENTIRE AGREEMENT/SEVERABILITY/WAIVER

This TOS constitute the entire agreement between You and Lexplosion and govern Your use of the Komplify, Compliance Data, Services and Client Data. If any provision of the TOS is found invalid or unenforceable, the other provisions of the TOS will remain in force unless such invalidity or unenforceability makes the entire TOS inoperative. Lexplosion’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed by Lexplosion in writing.

9.     MISCELLANEOUS

The section titles in the TOS are used solely for the convenience and have no legal or contractual significance. Sections 2, 3(b), 3(c), 4, 5, 6, 8, 9, 10, and 11 shall survive any termination of the TOS.

10.  ASSIGNMENT/DELEGATION

You shall not assign this TOS or the rights hereunder without the prior written consent of Lexplosion. Lexplosion has the right to delegate its responsibilities, obligations, and duties under or in connection with the TOS to a Third Party Vendor for transfer of Client Data from one server of Lexplosion to another either within or outside the country or the transfer from Lexplosion’s server to the server of Third Party Vendors or vice versa or the transfer from the server of one Third Party Vendor to the server of another Third Party Vendor within or outside the territory of India. Nothing contained in this Section shall restrict Lexplosion’s or any of its permitted assignee’s right to assign any of its rights and obligations under this Agreement to any Lexplosion affiliate, the surviving corporation with or into which Lexplosion or such assignee may merge or consolidate or an entity to which Lexplosion or such assignee transfers all, or substantially all, of its business and assets.

11.  AMENDMENTS

Lexplosion may amend this TOS at any time by posting a revised version on the portal. All amendments shall be notified to You via email. The revised version will be effective at the time Lexplosion posts it on the portal. In addition, if the revised version of this TOS includes a Substantial Change, Lexplosion will provide You with 7 days' prior notice of such Substantial Change/s by an email or as per the notification preferences provided by You. However, as a matter of abundant caution, You are advised to regularly check for any amendments or updates to the terms and conditions contained in this TOS on the portal. For the purpose of this TOS, the term "Substantial Change" means a change to the terms of this TOS that reduces Your rights or increases Your responsibilities.

12.  LANGUAGE

English language shall be used in all written communication between You and Lexplosion with respect to the Services to be performed under this TOS. However, Hindi or any other language may also be used wherever statutorily required.

13.  COMMUNICATION AND ENQUIRIES REGARDING THE CONTENTS OF KOMPLIFY

All communications and enquiries under this TOS shall be in writing and addressed to:

Name: Indranil Choudhury

Address: Office No. 12ES14, 12th Floor, Mani Casadona, Plot No. IIF/04, Action Area, Newtown, Rajarhat, Kolkata – 700135

Email: indranil.choudhury@lexplosion.in

14.  COMPLAINTS

Lexplosion is dedicated to providing You with quality products. However in the unlikely event You have any complaint with regard to the accessing or using Komplify please contact us at techsupport@komplify.com. Lexplosion or the Third party Vendors will endeavor to investigate Your complaint and respond to You as quickly as possible and usually within 7 (Seven) working day of the timed receipt of Your complaint.

PRIVACY AND SECURITY POLICY

This Privacy and Security Policy describes the process of collection and use of information about individuals accessing this website. This Policy may change from time to time. We will keep this Policy updated to allow the users to be informed about the type of information collected by us, its use and disclosure.

DEFINITIONS

“Client’ Or “You” means and includes any person such as a natural person, company, organization or legal entity, submitting information, in the capacity of a client or customer, to Lexplosion.

“Client Data” means and includes (i) any proof of compliance such as scanned copies of forms, internal memos, statutory documents, reports, filings, applications, notices, etc. uploaded by you through the Portal (defined below); and (ii) basic user details like name, address, encrypted Password (iii) financial information such as Bank account or credit card or debit card or other payment instrument details like, bank name, bank reference no., tracking id, etc.

“Lexplosion” shall mean and include Lexplosion Solutions Private Limited, its authorized employees, and affiliates.

“Processing” shall mean and include any operation or set of operations which is performed based on automated or manual inputs received from Client or performed upon Client Data, such as alteration, retrieval, disclosure, dissemination, blocking, erasure or destruction.

“Password” shall mean the password used by You (defined below) to access the Komplify portal.

“Portal” shall mean the web portal which is to be used to access Komplify.

“Third Party Vendors” shall mean and include any third party vendor and hosting partner of Lexplosion engaged in developing, managing, maintaining and hosting the Portal where Client Data is stored.

  

BACKGROUND

Lexplosion respects the privacy rights of its users and is strongly committed to protecting their privacy. This privacy policy applies to Client Data submitted by You through the Komplify application and identified in writing as confidential. It does not apply to any other products or services or to information collected in any other way (whether offline or online), by Lexplosion, its affiliates or representatives.

DATA WE COLLECT

Lexplosion or Third Party Vendors receives Client Data as and when it is uploaded into the servers of Lexplosion or Third Party Vendors through the Portal, by You.

HOW WE USE AND DISCLOSE YOUR DATA

Lexplosion and the Third Party Vendors shall have the right to access the Client Data. Such right shall however be exercised by Lexplosion and/ or the Third Party Vendors only to process your requests for technical assistance and/or providing You with any Client Data that you may request.

Lexplosion and Third Party Vendors shall not share Client Data with any other party under any circumstances, except upon express written instruction by You. This restriction shall, however, not apply to the transfer of the Client Data from one server of Lexplosion to another either within or outside the country or the transfer from Lexplosion’s server to the server of Third Party Vendors or vice versa or the transfer from the server of one Third Party Vendor to the server of another Third Party Vendor within or outside the country. Lexplosion however shall ensure that the Third Party Vendors in whose server the Client Data is stored shall not have access to such data. Although Lexplosion owns all rights to the software, code, databases, and other applications related to providing of services, You retain all rights to the Client Data.

EXCEPTIONS TO NON-DISCLOSURE OF CLIENT DATA 

Lexplosion may disclose Client Data to unaffiliated third parties if it believes in good faith that such disclosure is necessary (i) pursuant to law, regulatory requirements or the order of any court or governmental authority or (ii) in order to comply with or avoid violation of any request by a regulatory authority. Lexplosion shall, however, give prompt notice to You of such order so that You may (1) interpose an objection to such disclosure, (2) take action to assure confidential handling of the Client Data or (3) take such other action as it deems appropriate to protect the Client Data, unless prohibited by law from doing so.

ACCURACY AND SECURITY OF CLIENT DATA

Any Client Data collected by/ shared with Lexplosion shall be kept on secure servers. Lexplosion uses all reasonable administrative, technical, personnel, and physical measures to protect Client Data on such servers. The servers on which information is stored are kept in a controlled environment with limited access.

Lexplosion and the Third Party Vendors have implemented technical and organizational measures to ensure the security and confidentiality of Client Data in order to prevent, among other things, accidental, unauthorized or unlawful Processing of Client Data. The security measures taken are in compliance with applicable data protection regulations and shall be adapted to the risks presented and the nature of the Client Data to be Processed, having regard to the state of the art and the cost of implementation.

The technical and organizational measures to ensure the security and confidentiality which have been implemented by Lexplosion and the Third Party Vendors are contained in the “Information Security Policy” (attachment below).

While we take reasonable efforts to guard information we knowingly collect directly from you, no security system is impenetrable.

YOUR CONSENT

By using the Komplify and uploading Client Data, You consent to the collection, possession, storage, handling and use of the Client Data as stated herein.

You shall also communicate Your consent in writing through letter or fax or email regarding purpose of usage before You upload Client Data on the Portal.

It is hereby clarified that providing of information is optional. You shall, at any time while availing the services or otherwise; have an option to withdraw Your consent given earlier to Us. Such withdrawal of the consent shall be sent in writing to Us. In the case of You do not provide information or later on withdrawing Your consent, We shall have the option not to provide services for which the said information was sought.

NAME AND ADDRESS OF THE ENTITY COLLECTING AND RETAINING YOUR INFORMATION

Name and address of the entity collecting and retaining Your Client Data shall be the as stated below:

Name and address of the entity collecting Your Client Data – Lexplosion Solutions Pvt. Ltd., Office No. 12ES14, 12th Floor, Mani Casadona, Plot No. IIF/04, Action Area, Newtown, Rajarhat, Kolkata – 700135

Name and address of the entity retaining Your Client Data – Lexplosion Solutions Pvt. Ltd., Office No. 12ES14, 12th Floor, Mani Casadona, Plot No. IIF/04, Action Area, Newtown, Rajarhat, Kolkata – 700135

Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the grievance officer are published on the Portal for redressing Your grievances regarding Client Data.

TRANSFER OF CLIENT DATA

Some of the uses and disclosures mentioned in this privacy policy may involve the transfer of Client Data within as well as outside India from one server to another, whether owned by Lexplosion or Third Party Vendors, only for the purpose of storage. It should be noted in this connection that different jurisdictions may have different requirements of privacy of data. By submitting Client Data through the Portal, you consent to such transfers and compliance with data privacy requirements.

MODIFICATIONS TO THIS PRIVACY POLICY

If Lexplosion decides to change this privacy policy, it will post those changes on this page so that You are always aware of how Lexplosion uses Client Data and under what circumstances it can be disclosed. Any changes to the privacy policy will be communicated through the Portal at least 10 days in advance of implementation.

QUESTIONS REGARDING THIS PRIVACY POLICY

If you have questions regarding this privacy policy, please contact us at komplify@lexplosion.in.

RETURN OF CONFIDENTIAL INFORMATION

Upon termination of this privacy policy, or upon Your earlier request, Lexplosion shall promptly deliver to You all Client Data and shall purge any such Client Data from all computer and other data storage systems within 45 days of termination or request, and certify to You in writing that it has done so; provided, however, that Lexplosion shall not be required to return or purge any Client Data that it is required to retain pursuant to law or regulatory requirements.

VALIDITY

This privacy policy shall be valid for the entire duration during which You store Client Data using the Portal, unless modified by a subsequent privacy policy.

LEXPLOSION INFORMATION SECURITY POLICY

SECURITY CONTROL MEASURES FOR PROTECTION OF CLIENT DATA:

Introduction

Lexplosion recognizes that protection of Client Data requires close cooperation between Lexplosion and Third Party Vendors. This document outlines Lexplosion’s security policies designed to safeguard Client Data from unauthorized or accidental Processing.

Capitalized terms used anywhere in this document and not being defined therein shall have the meaning attributed to them under the ‘Privacy Policy’ or ‘Terms and Conditions of Service’.

Scope

This policy addresses the statutory requirement to implement such security practices and standards and have a comprehensive documented information security program and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of business.

The measures that have been taken by Lexplosion either directly or through its Third Party Vendors have been documented below under four broad categories- Managerial, Technical, Operational And Physical.

  

Managerial

Lexplosion and Third Party Vendors’ servers used for storing Client Data are protected from unauthorized access by hardware firewalls. Lexplosion and Third Party Vendors use authorization management software and role based access within the virtualization layer to provide security to Client Data.

Operating Systems on the parent hardware are installed only with core components. This provides the smallest attack surface and reduces the number of patches and updates and greatly mitigates restarts required for maintenance.

Back up of Client Data are taken electronically, online using new technology that compresses Client Data to 40-60%, overcoats it with security features, then encrypts with a key and finally stores it in a secure, remote electronic data vault.

Lexplosion or Third Party Vendors in the course of providing Services, will not share, sell or rent the Client Data to third parties. Lexplosion and Third Party Vendors may access Client Data only for the purpose of providing the Services, preventing or addressing technical problems, at Client’s request or as may be required by law.  

Technical

Every Client Data is segregated and stored in separate database schema to avoid data interference and infringement. User identities and Passwords are stored in the Client specific database. To protect the Passwords, they are stored with hashing algorithms. All files uploaded by the Client as part of their tasks are stored in Client specific folders and encrypted.

Komplify uses cookies to assist in delivering the Services and for security purposes. Cookies are files created on the Client’s web browser from a web server and stored on Client’s computer hard drive. This cookie does not allow Lexplosion or the Third Party Vendors to collect personally identifiable information about the Client.

Operational

Komplify uses the Client email identity of, with which You have been registered in the application, for authentication. Lexplosion and Third Party Vendors also collect Client information like First name, Last name, Workplace phone number or Mobile number. Komplify uses this contact information to send information, alerts and reminders for compliance actionables. All information entered by the Client is protected using SSL (Secure Sockets Layer) encryption to prevent it from being intercepted by anyone else as it is transferred over the internet. We use Client’s unique network address (IP address) for security and audit purposes. Client’s IP address will not be used by Lexplosion and Third Party Vendors or released to any unauthorized third party except in the case of security breaches, inappropriate behaviour as highlighted by Client representative or fraudulent transactions.

Lexplosion and Third Party Vendors preserve the content of any e-mail received from Client, if there is legal requirement to do so. Email messages as part of customer support may be stored and monitored by our employees for security issues including where e-mail abuse is suspected. Response to Client may be monitored for quality assurance issues.

Physical

Lexplosion and its and Third Party Vendors have implemented appropriate physical security measures intended to protect Your information against accidental loss, destruction, or alteration; unauthorized disclosure or access; or unlawful destruction.