Da Law

This Privacy Policy (as defined hereinafter) constitutes an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000 (“IT Act”), and the rules made thereunder, as may be amended, supplemented, or re-enacted from time to time. As an electronic record generated by a computer system, it does not require physical or digital signatures.

Dhwaj & Associates (hereinafter referred to as “us” or “we” or “our” or “firm” or “Da Law”), a full-service law firm engaged in providing legal services (“Services”) protects and respects your privacy, and governs the processing (as defined hereinafter) of personal data or information (hereinafter referred to as “Information”) in accordance with the Digital Personal Data Protection Act, 2023 ("DPDPA") and the IT Act and rules made thereunder and other applicable laws. Da Law is committed to the privacy of our clients and visitors (hereinafter referred to as “you” or “your” or “user(s)”) of the website https://www.dalaw.in/ (hereinafter referred to as “Website”). This privacy policy (“Privacy Policy”) governs the collection, use, disclosure, transfer, retention, or otherwise processing of the Information by Da Law. Da Law have established the following Privacy Policy regarding the treatment of Information and will comply with this policy.

THIS PRIVACY POLICY HAS BEEN DRAFTED AND PUBLISHED IN ACCORDANCE WITH THE APPLICABLE DATA PROTECTION LAWS INCLUDING BUT NOT LIMITED TO DPDPA; IT ACT; AND THE RULES MADE THEREUNDER. IT SERVES AS A LEGAL AGREEMENT BETWEEN YOU, AS A USER OF OUR SERVICES, AND DA LAW. TO USE OUR SERVICES, YOU MUST BE A NATURAL PERSON AGED AT LEAST 18 YEARS.

References to the Privacy Policy in this document refer to the most current version. We request your Information to enhance and customize our services to better meet your needs.

1. DISCLAIMER

Please note that any Information procured by us shall be:

1.1. processed fairly and lawfully for rendering the Services;
1.2. obtained only for specified and lawful purposes, and not be used in any manner which is against the law or policy in force in India;
1.3. adequate, relevant, and not excessive in relation to the purpose for which it is required;
1.4. able to be reviewed by the user(s), from time to time, and updated, if the need arises; and
1.5. not kept longer than for the time which it is required or the purpose for which it is required or as required by the applicable laws.

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE DISCLOSURE (WHETHER INADVERTENT OR OTHERWISE) OF DATA IF SUCH DISCLOSURE IS (A) REQUIRED FOR LEGITIMATE PURPOSES; OR (B) OCCURS THROUGH NO FAULT OR OMISSION ON THE PART OF DA LAW.

BY USING THE SERVICES AND/OR THE WEBSITE, YOU EXPLICITLY CONSENT TO THE PROCESSING OF YOUR INFORMATION AS DESCRIBED HEREIN.

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT IMPACTS YOUR RIGHTS AND LIABILITIES UNDER THE APPLICABLE LAWS.

2. APPLICABILITY

This Privacy Policy applies to all the Services offered by us on the Website, except where otherwise provided.

3. ACQUISITION OF INFORMATION

3.1. We may collect Information directly or automatically on the Website.
3.2. By accessing or using our Website or by otherwise giving us your Information, you confirm that you have the capacity to enter into a legally binding contract and have read, understood and agreed to the practices and policies outlined in this Privacy Policy.
3.3. This Privacy Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Website and voluntarily providing us with Information, you consent and authorize us to collect, use, process, store, and disclose such Information for our business and other purposes as stated in this Privacy Policy, and as permitted or required by applicable law. You further consent to the sharing, transfer, or disclosure of your Information to any third-party user for the purpose of providing Services.
3.4.We collect and process the following types of Information about you:
(i) Name, qualifications, an identification number for our personnel, language(s) spoken, gender, date of birth, Voter ID, passport number, PAN Card, marital status, dependents, emergency contact information, and photograph.
(ii) Contact information such as your e-mail address, postal address and phone number;
(iii) Financial information, such as bank account details, salaries, retainership fees, and stipends;
(iv) Identification and background information provided by you or otherwise collected by us as a part of our business acceptance procedures;
(v) Details of your visits to our offices or of other meetings that we may have with you;
(vi) Data you provide to us for the purposes of attending our meetings;
(vii) Information that you may provide to us for the purpose of a job application or for recruitment processes;
(viii) Data collected while using the Website, including data collected automatically such as device ID, IP Address, web browser type, page views, operating system, timing and frequency of use of the Website /Website navigation and communications we send you electronically; and
(ix) Any other personal information that you that you may provide to us or we may obtain from a third-party source.
3.5. We limit the data collected to what is strictly necessary to complete the purposes provided below in Clause 4.

4. PURPOSE OF USE OF INFORMATION

Da Law will use the Information for the following purposes. Provided, however, that the use of Information is permitted under the DPDPA or any other relevant law or regulation, Da Law will use the Information for any purpose other than those listed below:

4.1. Providing our Services to the user(s);
4.2. Complying with our legal and regulatory obligations;
4.3. Handling your job application or otherwise managing our recruitment processes;
4.4. To operate our Website, communicate with you about your use of the Website or Services, provide troubleshooting and technical support;
4.5. To respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for other service and support purposes.
4.6. To send you newsletters, invitations to, or receipt of applications for enrolment in webinars/seminars and information we think may interest you.
4.7. To better understand how user(s) access and use our Website and other Services, and generating statistics regarding the use of our Website or to analyse and improve on our Website, delivery of Services and business operations.
4.8.Fulfilling our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims against us.

5.PROCESSING OF INFORMATION

Procession or processing means any operation or set of operations which is performed on Information, whether or not by automated means, such as collection, recording, possessing, structuring, storage, dealing, handling, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

6.STORING OF INFORMATION

The Information that you may voluntarily share with us is stored on our database servers. While we strive to protect your Information against potential risks and exposures and use systems that are designed to be physically secure and protected from unauthorized access, the absolute security Information in the online sphere cannot be guaranteed.

7.YOUR RIGHTS

You have specific legal rights regarding the Information we hold about you. These rights include accessing, correcting, updating, or deleting your Information in appropriate situations. We collect Information solely for its intended use and take reasonable measures to ensure its accuracy, completeness, and relevance. Note that some rights may be subject to exceptions or limitations. Your principal rights are outlined below:

7.1. RIGHT TO ACCESS, RECTIFY OR DELETE YOUR INFORMATION
You have the right to request access to, rectification, updating, or deletion of your Information stored with us. You may also inquire whether we are processing your Information. If you believe our records contain inaccuracies or are incomplete, you can request corrections. Additionally, you may request deletion of your Information if you withdraw consent or if it is no longer needed for the purpose for which it was collected. For Information shared with your explicit consent, you may request correction or deletion as well. Requests for rectification or deletion should be sent to info@dalaw.in
7.2. RIGHT TO RESTRICT PROCESSING
You can request a restriction on the processing of your Information under the following circumstances:
(i) You dispute the accuracy of your Information;
(ii) You prefer to limit its use rather than having it erased;
(iii) You believe we no longer need your Information for processing but require it for legal claim; or
(iv) You have objected to processing, pending the verification of that objection.
Requests to restrict processing can be made at info@dalaw.in .
7.3. RIGHT TO OBJECT TO PROCESSING
You have the right to object to the processing of your Information based on your particular situation if the processing is necessary for:
(i) Performing a task in the public interest or under official authority; or
(ii) Pursuing legitimate interests by us or a third party.
If you object, we will cease processing your Information unless we demonstrate compelling grounds that override your interests, rights, and freedoms, or if the processing is necessary for legal claims. Objections can be sent to info@dalaw.in .
7.4. RIGHT TO DATA PORTABILITY
You can request that we transfer your Information, which you have provided to us, to another organization in a structured, commonly used, and machine-readable format, if technically feasible.
7.5. RIGHT TO ERASURE
You may request the erasure of your Information without undue delay if:
(i) Your Information is no longer necessary in relation to the purpose for which is collected or processed;
(ii) You withdraw consent on which processing is based; or
(iii) Information has to be erased for compliance with a legal obligation.
Please note that there are certain exclusions of the right to erasure. Such exclusions include where processing is necessary:
(i)For exercising the right of freedom of expression and information;
(ii)For compliance with a legal obligation; or
(iii)For the establishment, exercise, or defense of legal claims.
You can request to erase or delete your Information by writing to us at info@dalaw.in
7.6. RIGHT TO WITHDRAW CONSENT
Participation is always voluntary, and you can withdraw your consent at any time. Withdrawal will not affect the legality of any processing done before consent was withdrawn. You can withdraw consent by deactivating your account, after which we will cease collecting or processing your Information. We will retain Information from terminated accounts until specifically requested to delete it. Even after deactivation, we will protect your Information according to this Privacy Policy.
7.7. RETAINING AND DELETING YOUR INFORMATION
We do not delete your Information at our discretion. You are responsible for and control the periods for which you wish to retain this Information. You can delete your Information by sending your request to info@dalaw.in. Your Information shall not be retained with us after such a request has been made by you. After a deletion request, your Information will not be retained unless for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.8. DATA ENCRYPTION
All the Information transmitted and stored on our servers is fully encrypted.

8. DISCLOSURE AND TRANSFER OF PERSONAL INFORMATION

All Information that we collect is disclosed or transferred only under the following circumstances to the entities/individuals identified below:

8.1. DISCLOSURES TO OUR PERSONNEL AND WITHIN DA LAW
Access to your Information within Da Law will be limited to the personnel who need to know the information for the purposes described in this Privacy Policy. Due to the global presence of Da Law, we may disclose Information throughout Da Law to fulfill the purposes described in this Privacy Policy.
8.2. DISCLOSURES OR TRANSFERS TO THIRD PARTIES
We may disclose Information to third parties for other purposes with your explicit consent or when such disclosure is essential for the performance of a contractual agreement between Da Law and yourself. To this end you explicitly consent to the transfer of your Information for any of the purposes set out in this Privacy Policy. Our practice is to only provide third parties with Information that is strictly necessary to achieve the intended processing purposes and enable them to deliver the expected services. We are committed to refraining from sharing personal data unless required by law or when it aligns with the intended purposes of the data processing. To the best of our abilities, we endeavor to modify our contracts to ensure the security of shared data. In all our arrangements, we include provisions to safeguard personal data and prevent any unauthorized or inappropriate use. We take utmost care in protecting your information and maintaining the highest level of data privacy standards.
8.3. MANDATORY DISCLOSURES OR TRANSFERS
We may disclose Information if required by law or to comply with legal processes, court orders, or governmental requests.

9. DATA RETENTION

We will retain your Information for as long as necessary to fulfill the purpose for which it is intended. Da Law warrants that the user’s Information is destroyed as soon as:
(i)the purpose for which that Information was collected is no longer being served by the retention of such Information,
(ii)retention is no longer necessary for any other reason including applicable law.
(iii)If you wish that we no longer use your Information in accordance with the terms of this Privacy Policy, contact us at info@dalaw.in

10. CHILDREN’S PRIVACY

If you are under the age of 18 (eighteen) years, you must not use the Website and/or Services, or submit your Information unless you have the consent of or are supervised by a parent or guardian. In the case we discover that a child under 18 (eighteen) years of age has provided us with any of its Information, we will immediately delete such information from our servers. If you are a parent or guardian and you are aware that your child has provided us with its Information, please contact us at info@dalaw.in so that we will be able to take the necessary actions.

11. AMENDMENT TO THIS PRIVACY POLICY

This Policy is subject to modification based on changes in the business, legal and regulatory requirements and will be made available to you online. We will make all reasonable efforts to communicate to you all significant changes to this Policy. You are encouraged to periodically visit this page to review the Policy and any changes thereto. In case you discontinue the use of the Website, it will not affect the applicability of the Policy to your prior uses of the Website.

12. APPLICABLE LAW AND JURISDICTION

This Privacy Policy is subject to Indian laws. Irrespective of your nationality or the place from where you have provided Information to us, or accessed the Website, Indian laws will be the applicable law in this regard and Indian courts shall have exclusive jurisdiction in relation to all disputes or differences between you and us related to your use of our Website. If you wish to access this Website, you agree to ensure that you are permitted to do so in your jurisdiction.

13. SECURITY CONTROL MEASURES

13.1. We will take all measures that are necessary and appropriate to prevent leakage, loss and impairment etc. of Information and will ensure the appropriate management of Information.
13.2. The Da Law trains its resources on the matter of appropriate handling of Information and will supervise as appropriate.
13.3. The Da Law, in case of entrusting the handling of Information, exercises supervision over an entrusted party so as to appropriately manage Information of which the handling has been entrusted.
13.4. If the leakage, loss or impairment of its handled Information has occurred or the risk of the leakage, loss or impairment of its handled Information could have arisen, Da Law will take all measures that are necessary and appropriate (for example, to prevent the damage from spreading, to reveal the cause and the result of the matters, to restore the loss or impairment of the information, to develop preventive measures and to contact and/or disclose to an individual etc.) in accordance with the relevant matter.

14. USE OF COOKIE AND OTHER RELATED TECHNOLOGIES

14.1. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Da Law may use cookie and other related technologies on the Website which Da Law manages.
14.2. Da Law uses these “cookies” to collect Information and to improve our Services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your computer. However, if you choose to refuse our cookies, you may not be able to use some portions of our Services and/or Website.

15. TERMINATION OF USE

Da Law reserves the right to prevent your access to and use of Website for violation of any terms and condition or Privacy Policy of Da Law or requirements of applicable law.

16. DATA PROTECTION OFFICER

You may contact our grievance officer if you have any concerns or questions regarding our Privacy Policy. The name and address of the officer are as follows:
Name: Mr. Gaurav Dhwaj
Email: gaurav.dhwaj@dalaw.in