Part A: Privacy Statement of Legal Talent Management Private Limited
1.Security and Confidentiality
1.1. Vahura is intently focused on your professional advancement.
We offer Employers and Candidates honesty, experience, commitment and confidentiality. Our legal recruitment specialists are amongst the most experienced in their fields and maintain high standards of professionalism. We offer an in-depth knowledge of the legal recruitment market, extensive client contacts and relationships of trust to help connect Candidates to Employers. As a Vahura candidate, you are certain of the highest levels of confidentiality from us and from our Employer organizations. Our philosophy is to provide integrity, dignity and respect to both Employers and Candidates. We expect no less of you.
1.2. Vahura assures Employers and Candidates of complete confidentiality while dealing with us.
o We take all reasonable care to protect the confidentiality of our Employers and Candidates.
o We only reveal the identity of an Employer after confirming the suitability of a Candidate.
o We only reveal a Candidate’s details to an Employer after seeking the Candidate's permission.
1.3. To safeguard a Candidate’s confidentiality, Vahura guarantees to:
o Contact you directly and not through your assistant or anyone else in your organisation.
o Not discuss your potential candidacy with anyone without your authorization.
o Require Employers to completely safeguard the Candidate’s confidentiality.
o Not contact references provided by you without your explicit permission.
1.4. To safeguard the Employer’s confidentiality, Vahura guarantees to:
o Require Candidates to completely safeguard the Employer’s confidentiality.
It is important to understand that you do not become a Candidate for a particular position until Vahura has conducted an initial evaluation of your suitability for the opportunity and unless you express an interest in pursuing the opportunity.
2.1. Who is Vahura?
i. Legal Talent Management Private Limited (“Vahura”) is a service provider operating primarily in the Indian legal industry that inter alia provides a set of services and web-based technology applications that are intended to connect, through the intermediating services of Vahura, those individuals who are seeking new employment opportunities (“Candidates”) with persons and entities who are looking to hire, retain or otherwise engage any one or more Candidates from time to time (“Employers”). Vahura also provides consulting services to its clients. Vahura is NOT a jobsite where Employers directly receive the applications submitted by the Candidate on the Website. Vahura, as a search firm, will review profiles and applications submitted by the Candidates, and make considered recommendations to Employers.
ii. Vahura operates this website, www.vahura.com, as well as the associated URLs located at www.vahura.net, www.vahura.co.in and www.vahura.in (together, the “Website”), as an integral part of the web-based technology applications that enable Candidates to connect with Employers, through the intermediating services of Vahura.
a. Sending a letter marked to the attention of Balanand Menon to Legal Talent Management Private Limited, 1210, Remi Commercio, Shaha Industrial Rd, Industrial Area, Mumbai, Maharashtra 400053 or
b. Sending an email to firstname.lastname@example.org.
a. Section 43A of the (Indian) Information Technology Act, 2000;
b. Regulation 4 of the (Indian) Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules, 2011 (the “SPI Rules”); and
c. Regulation 3(1) of the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
a. The type of information collected from the visitors of the Website and the Candidates, including sensitive personal data or information;
b. The purpose, means and modes of usage of such information; and
c. How and to whom Vahura will disclose such information.
2.3. What is personal information?
i. “Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
ii. The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:
b. financial information such as bank accounts, credit and debit card details or other payment instrument details;
c. physiological and mental health condition, medical records;
d. sexual orientation;
e. medical records and history;
f. biometric information;
g. information received by body corporate under lawful contract or otherwise;
h. visitor details as provided at the time of registration or thereafter; and
i. call data records.
iii. Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.
2.4 Vahura Information:
During the provision of Services, we may collect certain non - personal information or data such as [call notes, meeting notes, assessment information, background/reference check information, internal system information and tags] through our independent assessment and/or research (“Vahura Information”). Vahura Information, by itself or in combination with any other information or data, does not permit the identification of individual persons. Vahura Information will not contain any personal and/or sensitive personal information and will be retained indefinitely solely for internal records purposes.
3. Privacy Statements
3.1. All Visitors and Candidates Note:
i. This section applies to all visitors and Candidates (“Users”).
iii. It is not compulsory for any User to provide any information (including Candidate Information as defined below) to Vahura, even if Vahura specifically solicits such information, whether on this Website or otherwise. Furthermore, every User has the option at any time, whether while availing the Services or otherwise, to withdraw any consent given by such User to Vahura in respect of Vahura’s use, storage, disclosure or transmission of such information. Such withdrawal of the consent must be sent in writing to Vahura. In every case of a User not providing or later on withdrawing his or her consent, Vahura shall have the option not to provide any Services for which the said information was sought by Vahura.
iv. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Vahura and its service providers for the technical administration of the Website, research and development, and for User administration. These cookies are intended to be automatically cleared or deleted when the User quits the browser application. All Users are, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, since it is impossible for Vahura to guarantee, predict or provide for the behaviour of every User’s equipment.
v. The Website may enable Users to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Vahura hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
vii. Vahura does not knowingly collect personal data from children.
viii. Vahura has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
ix. Vahura will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree.
x. Upon request, which any visitor can indicate by sending an email to email@example.com, Vahura will provide every User with a readable copy of the personal data which it keeps about such User, although Vahura may require proof of identity prior to such request. As such information is otherwise available on the “Profile” section, Vahura may levy fees for the provision of such information under such special requests.
xi. Vahura will address any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Vahura has designated Mr. Balanand Menon as the Grievance Officer, who will redress the grievances of the Users expeditiously but within one month's from the date of receipt of grievance, and who can be reached by:
a. Sending a letter marked to the attention of Balanand Menon to Legal Talent Management Private Limited, 1210, Remi Commercio, Shaha Industrial Rd, Industrial Area, Andheri West, Mumbai, Maharashtra - 400053.
b. Sending an email to firstname.lastname@example.org.
3.2. Casual Visitors Note:
i. No sensitive personal data or information is automatically collected by Vahura from any casual visitors of this Website, who are merely perusing the site.
iii. If you, as a casual visitor, have inadvertently browsed any other pages of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Vahura. However, all visitors are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Vahura cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
v. The User may avail other services such as subscribing for Vahura’s newsletter and registering themselves for events organized by Vahura through the Website. In order to avail such services, the User shall be required to provide basic information such as name, email address, contact details, location and designation. Such information is collected to personalize all communications that are sent to the User by Vahura.
3.3. Candidates Note:
i. As part of the registration/application creation and submission process that is available to Candidates on this Website, certain information, including sensitive personal data or information is collected from the Candidates.
iii. If you have inadvertently submitted any such information to Vahura prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may send an email to email@example.com, requesting for edition or deletion of such information submitted by you on Vahura’s Website. All such requests will be acted only upon receipt of such written request to Vahura.
iv. Vahura only uses the personal data or information collected from Candidates in the manner set out in the section relating to “Recruitment Process” below. Vahura may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable forms to third parties and affiliates. If Vahura wishes to use any Candidate’s personal data for a new purpose, it will seek such Candidate’s permission before doing so.
v. Vahura allows every Candidate to challenge the data that Vahura holds about such Candidate and every Candidate may have the data erased, rectified, amended, or completed, per their wishes.
vi. All Vahura employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every Candidate’s sensitive personal data and information.
4. Recruitment Process
4.1. As part of the recruitment process, Vahura collects the following personal information from Candidates:
i. Vahura collect the following information through the application submission process on the Website:
d. Email ID
e. Phone number
f. Current location
g. Location preference
h. Law School/Universities
i. Year of law graduation
j. Total years of experience
k. Current employer
l. Current Employer type
m. Current Designation
n. Primary Practice Area
o. Secondary Practice Area
p. Current Fixed CTC
q. Variable CTC
r. Desired Increment
s. Whether enrolled with the Bar, and if Yes, the year of such enrolment
t. Whether the Candidate is a CA or a CS
u. Any other qualifications
v. Key Skills
w. Other details as the Candidate may Volunteer.
iii. Any Candidate that does not approve of Vahura conducting background screenings of such Candidate, has an option to instruct Vahura not to conduct such background screenings. Furthermore, every Candidate has the option at any time, whether while availing the Services or otherwise, to withdraw any consent given by such Candidate to Vahura to conduct any background screenings, or in respect of Vahura’s use, storage, disclosure or transmission of any information resulting from such background screenings. Such withdrawal of the consent must be sent in writing to Vahura. In every case of a User not providing or later on withdrawing his or her consent, Vahura shall have the option not to provide any Services for which the said information was sought or collected by Vahura.
i. Vahura makes all Candidate Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
ii. Each time a Candidate’s profile matches an Employer’s requirements, Vahura will inform that Candidate about such details of the opportunity and the Employer as Vahura may deem fit.
iii. If the Candidate is interested in the opportunity, Vahura seeks the Candidate’s permission to disclose Candidate Information to the Employer. If the Candidate expressly consents to such disclosure, all Candidate Information available with Vahura is disclosed to the Employer.
iv. In such cases, Vahura typically communicates directly with the relevant decision makers of the Employer, and only discloses Candidate Information with other constituents of the Employer on a strictly need-to-know basis.
v. In cases where Candidates are interested in opportunities outside India, Vahura will need to disclose Candidate Information (in whole or part) with its recruiting partners in other countries. Such disclosures will also only take place with the Candidate’s written consent.
Part B: Specific Terms in relation to personal data of Users in the European Union (“EU”)
1. LEGAL BASES FOR PROCESSING INFORMATION UNDER THE GDPR (FOR USERS IN THE EU)
1.1. Vahura processes information of Users in the EU in accordance with European laws and regulations such as the General Data Protection Regulation (GDPR). The GDPR governs how Vahura may process your information, and the rights that EU Users have in relation to your information. This means that Vahura will collect and use your information only where:
(a) We need such information to provide you the Service and fulfil our obligations to you under our Terms of Service. This includes the functionalities of the Website and/or Services;
(b) The collection and use of your information is justified because of a legitimate interest such as for research and development or marketing the Services (but only where our legitimate interest isn’t overridden by your interest in protecting your information);
(c) We have obtained your consent for using your information in a certain way;
(d) The collection and use of your information is necessary for compliance with our legal obligations;
1.2. You may withdraw your consent for using your information at any time. Depending on the situation you can either withdraw your consent by writing to firstname.lastname@example.org. Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so, you may not be able to continue using the functionalities of the Website and/or the Services.
2. CROSS-BORDER TRANSFERS OF INFORMATION
2.1 In the event we transfer information of Users in the EU to a third party service provider located outside the EU and/or is not subject to an adequacy decision by the EU Commission, we will ensure that:
(a) we obtain your prior consent for such transfer; and
(b) such third party service providers have appropriate safeguards for your information by way of entering into a binding agreement that provides for the same.
3. INFORMATION RETENTION
3.1 If you are a User in the EU, on receiving a request to deactivate your account, Vahura will deactivate your account and all Personal Information and Sensitive Personal Information, collected by us, if any, will be destroyed. Non-personally identifiable information of Users in the EU may be retained indefinitely for analytics subject to the same being kept separate from other information including but not limited to unique identifiers, that, in combination with such non-personally identifiable information of the Users, may render the same personally identifiable. As explained in paragraph 2.4 above, Vahura Information will not contain any personal and/or sensitive personal information and will be retained indefinitely solely for internal records purposes.
4. RIGHTS IN RESPECT OF YOUR INFORMATION
4.1 The laws of some countries grant particular rights in respect of personal information. If you are a User in such jurisdictions, you may have the right to:
(a) Request a copy of your personal information;
(b) Request that we correct inaccuracies relating to your personal information;
(c) Request that your personal information be deleted or that we restrict access to it;
(d) Request a structured electronic version of your personal information; and
(e) Object to our use of your personal information;
4.2 Should you wish to make a request in respect of your personal information please contact us at email@example.com.
4.3 In some circumstances Vahura may not be able to comply with a request that you make in respect of your personal information. For example, we may not be able to provide a copy of your personal information where it infringes on the rights of another User. We may also be required to retain certain personal information that you ask us to delete for various reasons, such as where there is a legal requirement to do so.
4.4 If we are unable to resolve your request, or if you are concerned about a potential violation, you may be entitled to report the issue or make a complaint to the data protection authority in your jurisdiction.
1.1. Who is Vahura?
i. Legal Talent Management Private Limited (“Vahura”) is a service provider operating primarily in the Indian legal industry that inter alia provides a set of services and web-based technology applications that are intended to connect, through the intermediating services of Vahura, those individuals who are seeking new employment opportunities (“Candidates”) with persons and entities who are looking to hire, retain or otherwise engage any one or more Candidates from time to time (“Employers”). Vahura also provides consulting services to its clients. Vahura is NOT a jobsite where Employers will directly receive the applications submitted by Candidates on the Website. Vahura as a search firm will review profiles and applications submitted by the Candidates, and make considered recommendations to Employers.
ii. Vahura operates this website, www.vahura.com, as well as the associated URLs located at www.vahura.net, www.vahura.in and www.vahura.org together, the “Website”), as an integral part of the web-based technology applications that enable Candidates to connect with Employers, through the intermediating services of Vahura.
1.2. What is this document?
ii. You must be 18 years of age or older to visit or use the Website in any manner. By visiting the Website or accepting this Agreement, you represent and warrant to Vahura that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement.
iii. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
a. the Indian Contract Act, 1872,
b. the (Indian) Information Technology Act, 2000, and
c. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules, 2011 (the “SPI Rules”) and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
iv. A condition of the User’s use of and access to the Website and to the other services provided by Vahura to Employers and Candidates (together with the Website, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave the Website immediately and immediately discontinue use of all other Services.
v. Vahura authorizes the User to view and access the content available on or from the Website solely for the User’s personal use. The contents of the Website such as job postings, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Vahura Content"), are the property of Vahura and are protected under copyright, trademark and other laws. The User may not modify the Vahura Content or reproduce, display, publicly perform, distribute, or otherwise use the Vahura Content in any way for any public or commercial purpose or for personal gain.
2. Collection, Use, Storage and Transfer of Personal Information
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Vahura will disclose such information.
i. the fact that the information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the name and address of the agency that is collecting the information and the agency that will retain the information; and
v. the various rights available to such Users in respect of such information.
2.4. Vahura shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Vahura or any other person acting on behalf of Vahura.
3. Candidate Details and Submission
3.1. The Candidate shall be solely responsible for his/her information, resume, content, messages or other information ("Candidate Details") that he/she submits, publishes or displays on the Website. By posting such Candidate Details on the Website, the Candidate automatically grants to Vahura an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such details and to prepare derivative works of, or incorporate into other works such Candidate Details, and to grant and authorize sublicenses thereof.
3.2 Candidates shall be able to browse through the ‘Jobs’ page of the Website and search for suitable jobs and positions. Candidates may thereafter apply for a particular job by uploading the relevant information for the particular job. The Candidate Details shall be viewed only by Vahura and the same shall not be directly viewed/accessed by the Employer, unless such Candidate details are shared by Vahura while making considered recommendations to an Employer. It is agreed and understood by the Candidate that registering and applying for a particular job does not guarantee that they shall be granted the particular job or receive a ‘call-back’ or ‘interview’ with respect to the particular job. A call back from Vahura will depend on whether the Candidate Details and the resume matches the requirement of the particular job.
4.1. Vahura does not ordinarily charge the User any fees for the Services – it normally receives all monetary consideration from the Employers. However, Vahura may, in certain cases, charge fees for certain specific services like resume preparation, counselling or bespoke consulting. In such cases, the charges would be discussed and agreed upon with the Candidates prior to such services being rendered.
4.2. As mandated by Regulation 3(2) of the IG Rules, Vahura hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially , ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
4.3. The User is also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Vahura Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Vahura;
iii. intentionally submitting to the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the Vahura Content or other information available from the Website;
viii. framing or hotlinking or deeplinking any Vahura Content.
4.4. Vahura, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. Vahura shall be entitled to preserve such information and associated records for at least ninety days for production to governmental authorities for investigation purposes.
i. The User must keep Vahura informed on all correspondence with such recruiting contacts;
ii. The User understands that each recruiting contact and Vahura are independent contractors vis-à-vis each other, and are not agents or partners or in a joint venture or profit sharing relationship vis-à-vis each other; and
iii. The User shall not hold Vahura responsible or liable in any way for any acts or omissions by such recruiting contacts.
4.7. The Candidate hereby agrees and acknowledges that, Vahura’s liability or responsibility towards the Candidate shall cease to exist upon the successful placement of such Candidate with an Employer.
5.2. The User shall not hold Vahura responsible or liable in any way for any disclosures by Vahura under Regulation 6 of the SPI Rules.
5.3. Vahura does not provide or make any representation as to the quality, accuracy, bona fides or general or specific nature of any opportunity or Employer, or any other representation, warranty or guaranty, express or implied. It is the User’s responsibility to ensure the suitability and fitness of the opportunities and Employers introduced to the User by Vahura. Vahura, to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Services and the Vahura Content.
5.4. Vahura's maximum liability arising out of or in connection with any Vahura site or the User’s use of the Vahura content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed Rs. 1000.
5.5. In the event an Employer makes a claim against Vahura for any loss or damages arising due to the provision/submission of false/incorrect Candidate Details or voluntary misrepresentation of his/her Candidate Details by the Candidate, such Candidate shall be liable to indemnify Vahura for any and all losses incurred by Vahura (including legal costs and expenses) due to such claims made by the Employer.
6. Term, Termination and Disputes
6.1. This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
6.2. Vahura reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Website and deny access to such Users to the Website and such other Services, upon any breach by the User of this Agreement or if Vahura is unable to verify or authenticate any information the User submits to Vahura, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Vahura to provide the Services to the User or the Employers.
6.3. All disputes will be subject to arbitration in Bangalore in English by a single arbitrator appointed by Vahura under the Arbitration and Conciliation Act, 1996