Athiya Organizational Competencies Inc ("Athiya" or "we/us") understands that the users of its services entrust it with their personal information and its (and its affiliates' and subsidiaries') commitment to respecting the privacy of its users is detailed comprehensively in this privacy policy ("Policy"). The individuals accessing the website www.athiyaglobal.com (“Website”)/Services (as defined hereinafter) for any reason are referred to as "User" or "you". Further, "Party" shall mean either Athiya or you, and "Parties" shall mean both you and Athiya jointly. 

This Policy describes the steps we take to safeguard the security of the information provided to us, the duration of the retention thereof and the procedure the Users may follow to reach out to us about the privacy practices we follow and/or how they may exercise their rights in relation to their data. 

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The use and access of our Services and/or the Website (irrespective of the mode/medium/device) shall be deemed as your agreement to be bound by all the contents of this Policy. Additionally, you hereby consent to our collection, retention, use, disclosure, processing and protection of your Personal Data (as defined hereinafter), when you avail of the Services.

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This Policy shall inform you about the types of Personal Data we may gather should you opt to utilise our Services, the reason we do so, what your Personal Data is ultimately used for, the circumstances in which we may disclose your Personal Data and how you can manage your Personal Data. 

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By proceeding to sign up for our Services, you represent that you are at least 18 (eighteen) years old or are older than the age prescribed in your country of residence to be considered an adult.

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Your consent to the terms of this Privacy Policy shall be provided and recorded, should you choose to avail of our Services. In the event you do not agree to the terms detailed herein, please do not proceed to use our Services. You are also informed that you will always have the option to not provide your consent/withdraw the consent you have provided earlier by informing us of this in writing. 

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If you choose to not provide your Personal Data to us or withdraw your consent in relation to us accessing your Personal Data, we would have the option to not provide any/all of the Services to you.

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The scope of this Policy is limited to information you directly provide to us and it does not apply to information which you may choose to provide to/is collected by any Third Party (as defined hereinafter). You may reach out to such Third Parties independently to determine the practices they follow to protect the data of their users.  

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1.    DEFINITIONS

The following terms shall have the meanings set forth below, for the purposes of this Policy: 

"Applicable Laws" shall mean any and all laws, ordinances, constitutions, regulations, statutes, treaties, rules, codes, licenses, certificates, franchises, permits, principles of common law, requirements and orders adopted, enacted, implemented, promulgated, issued, entered or deemed applicable by or under the authority of any governmental authority (as defined hereinafter) having jurisdiction over a specified person or any of such person’s properties or assets.

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"Data Protection Law" shall mean any data protection, data security or privacy law for the time being in force, including, without limitation, the EU General Data Protection Regulation 2016/679 (the "GDPR"), and any laws governing Personal Data or information, data security or privacy laws.

"Personal Data" shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual and includes any data that constitutes "personal data" or "sensitive personal data or information" under the GDPR or similar terms under other Data Protection Law.

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"Personal Identification Information" means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.

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"Sensitive Personal Data or Information" with respect to a person shall mean such special categories of personal data.    

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"Services" means any and all features, and other related services made available by us to the User.

"Third Party" shall mean any Party other than the User and Athiya.

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2.    INFORMATION COLLECTED & THE MANNER OF COLLECTION 

In the event you visit/use our Website/Services, we may collect/use/disclose the following categories of data about you: 

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2.1    Data Provided to Us by You: In the course of using our Website/Services, you may be required to provide us with your Personal Data and you agree to ensure that the information provided by you shall be accurate and updated. We may also collect/store your Personal Data from Third Parties and this data would be subject to the privacy practices of such third parties, which you are advised to apprise yourself of. 

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2.2    Data Collected Automatically: Personal Data about you may also be collected automatically through our services which keep a log of your activity on our Website. This information can include several data points including (without limitation): IP addresses, addresses, access times/dates, click-counts, reports of software crashes, details of applications, servers, data related to your device(s), searches and their results, demographic data, operating systems, details about your mobile network, subject to your devices settings and permissions.
 

2.3    Information from Third Parties: Third Parties may also provide us with information about you for us to better curate our Services for you if you have provided such Third Parties with your consent for them to share such information with us. This information may also be shared on an aggregated basis and not be directly attributable to you.

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3.    GROUPS OF DATA AND OUR USE THEREOF

3.1     In the event you use our Services or access the Website for any reason, you grant us permission to collect, use, copy, transmit, store and back up your Personal Data for us to provide you with the Services and/or for any other purpose detailed in this Policy. 

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3.2    We may use the several types of data/Personal Data you provide to us for the purposes detailed hereinbelow, subject to the exercise of your right to opt-out under Clause 9 (each, a "Permitted Use"):

 

​1. Type of Data:

Client Contact Information: name, contact details (email, phone number, etc.), job title /role, organization/ company

Purpose:

• To maintain communication and provide personalized Services;

• To tailor the learning experience to the User’s role and responsibilities; and

• For invoicing and billing purposes.

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2. Type of Data:

Learning Preferences and Styles: preferred learning style/ pace, previous experience with eLearning, accessibility needs (e.g., colour blindness, dyslexia, etc.)

Purpose:

• To create a personalized and effective learning experience;

• To ensure that the content is accessible to all Users; and

• To improve engagement and knowledge retention.

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3. Type of Data:

Technical Requirements: devices used, operating systems and browsers, internet connection speed, compatibility with existing Learning Management Systems (LMS)

Purpose:

• To ensure that the eLearning content is compatible with the User's technology; and

• To avoid technical issues that could disrupt the learning experience.

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4. Type of Data:

Training Objectives and Goals: specific skills or knowledge areas to be developed, overall learning objectives, desired outcomes and key performance indicators (KPIs)

Purpose:

• To align the content with the Users' training needs;

• To measure the effectiveness of the training; and

• To ensure that the content meets the Users' goals.

5. Type of Data:

Marketing and Promotion Data: opt-in preferences for newsletters, updates, and promotional materials; and interaction with marketing content

Purpose:

• To tailor marketing efforts to the interests of the User;

• To keep Users informed about new courses, updates, or offers; and

• To build and maintain customer relationships.

6. Type of Data:

Content Preferences and Transformation: topics of interest/ relevance to the User, preferred content format (video, interactive, text-based), content provided by the client for transformation

Purpose:

• To deliver content that is relevant and engaging to the User;

• To tailor the module to the User's specific needs; and

• To transform existing User content into an effective eLearning module.

7. Type of Data:

Company Designation Requirements: designation that is open to be filled, tenure of the post (temporary or permanent), job responsibilities of the said position, salary package offered

Purpose:

• To gain a comprehensive understanding of job opening details; and

• To refine the search for the ideal candidate.

8. Type of Data:

Potential Candidate Details: Name, Email ID, Mobile number, current employer, resume/CV, current designation, educational and vocational details and qualifications, and current salary package

Purpose:

• To identify the right candidate to fill job openings that Athiya’s hosts on its Website; and

• To connect with the right candidate and determine their interest in applying for the position.

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Additionally, the Personal Data we collect about you may also be used for the following Permitted Uses: (a) ensure that the content on the Website is presented to you effectively on your device; (b) providing you with alerts/notifications/information you have signed up for; (c) complying with the Applicable Laws and for purposes related to/ancillary to legal proceedings; (d) improving the Website/providing Services and informing you about updates in relation thereto; (e) addressing issues/inquiries, troubleshooting problems, and measuring your interest in the Services; (f) detecting and protecting ourselves/you against errors, and criminal activity; (g) enforcing any agreement we have with you; (h) providing customer service and improving/customising user experience; (i) building marketing profiles; (j) managing our relationship with advertisers and partners; (k) auditing/examining the use of our Website; and (l) all purposes directly related/ancillary to the above.

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3.3     By agreeing to this Policy, you hereby grant us your consent for sharing your information including your Personal Data, with Third Parties, including Third Parties situated outside India, for the Permitted Uses.

 

4.    DISCLOSURE OF YOUR PERSONAL DATA

4.1    Your Personal Data will also be used for our internal communications, record-keeping and administrative functions. Your Personal Data shall be kept confidential at all times and we shall take all reasonable steps to prevent unauthorized disclosures of the same. However, you agree that we may disclose such information to:

(a)    our employees, agents, auditors, advisers, contractors, service providers, and financial institutions, to the extent reasonably necessary for the provision/ maintenance/ development of the Services or in connection with any of our operations. However, such persons shall only be permitted to use your Personal Data to the extent that it is necessary to perform the Services on our behalf or to comply with the Applicable Law;

(b)    our overseas offices, affiliates, business partners and counterparts (if any);

(c)    persons engaged in connection with the investigation, prevention or taking action against any illegal activities or violations of this Policy; 

(d)    any person under a duty of confidentiality to us;

(e)    any person/authority to whom we owe a duty to disclose your Personal Data under the Applicable Laws (or ancillary process thereunder); 

(f)    any company/entity we are acquired by/merged with; 

(g)    viewers of general statistical information which has been collated factoring in your Personal Data (which is not directly attributable to you); or

(h)    actual or proposed transferees or participants of our Services.

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4.2     In the event of any corporate restructuring on an entity level (including mergers, acquisitions, joint ventures, transfers, asset sales, etc.) we may opt to transfer your Personal Data to the relevant Third Party along with the rights we enjoy in relation thereto, as per this Policy.    

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5.     CHANGE OF PURPOSE     

5.1     Unless we reasonably consider that we need to use your Personal Data for another compatible purpose we will only use your Personal Data for the Permitted Uses. The compatibility of such a new purpose with the Permitted Use may, if required, be explained to you upon the receipt of a written request from you via email on privacy.officer@athiyaglobal.com.

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5.2     Should we need to use your Personal Data for a purpose unrelated to the Permitted Uses, we shall notify you and explain the legal basis for the same.   

 

6.    SECURITY

6.1    The Steps We Take

(a)    We take appropriate measures to protect your Personal Data from any unauthorized access, disclosure, alteration or destruction. You are however advised that no information security system is entirely foolproof and we cannot guarantee that your Personal Data will remain absolutely secure in all circumstances. You are requested to part with your Personal Data with this in mind. We can, however, guarantee that we use strict procedures and security features to try and prevent unauthorized access to your Personal Data.   

(b)    In light of the caution above, you agree that we cannot be held liable for any accidental dissemination of Personal Data occurring despite our procedures and best efforts to maintain confidentiality, which you are being apprised of prior to any of your Personal Data being disclosed. 

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6.2    The Steps You Are Requested to Take 

    If you have any reason to believe that someone has accessed your Personal Data without your authorization, you are requested to let us know at the earliest possible opportunity. You can reach out to us at privacy.officer@athiyaglobal.com and we will immediately look into the matter and update you as soon as possible about the steps thereafter. 

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7.     DATA RETENTION

7.1     Your Personal Data shall only be retained by us until it is necessary to fulfil the Permitted Uses for which we collected it. If we are of the view that such a Permitted Use continues to exist or that it is necessary for our legitimate business interests, we may opt to archive your Personal Data.

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7.2     The period for which we retain your data is determined based on the kind of Personal Data and the degree of risk/harm which exists in the event any unauthorized use/disclosure of the Personal Data is to occur. In a majority of cases, our retention of your Personal Data would be limited to the duration of our contractual relationship plus an additional period of time for us to carry out our regular deletion routines, resolve disputes, enforce our rights, factor in the applicable statutory limitation period or comply with the Applicable Laws.

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7.3    Should you choose to end the contractual relationship with us, we shall proceed to delete all data that relates to you within a reasonable period of time (after taking into account the aforementioned factors). However, due to technical factors, it is possible that some of your Personal Data continues to exist in our systems, for example, if it is waiting to be overwritten. This data has been put beyond our use, and although it may still exist in the electronic ether, our personnel will not have any access to it or use it again. 

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7.4     In light of our international operations, your Personal Data may be transferred to and stored in locations overseas by us/our affiliates to carry our various Permitted Uses. It is possible that such a country may have separate data protection laws than the ones in your country, When such a transfer occurs, we shall continue to protect your Personal Data in the manner detailed herein and continue to comply with the applicable Data Protection Laws. 

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8.          YOUR RIGHTS

8.1     Correction: You have the right to request correction of the Personal Data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of any new data you provide to us. 

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8.2     Erasure: You have the right to request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You may also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (as per Clause 9), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with Applicable Laws. However, please note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

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8.3     Object to Processing: You have the right to object to the processing of your Personal Data where we are relying on a legitimate interest (or those of a Third Party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. However, please note that, in some cases, we may demonstrate that we have compelling legitimate grounds to process your Personal Data which override your rights and freedoms.

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8.4    Restriction of Processing: You have the right to request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal data in the following scenarios:    

(a)    If you want us to establish the accuracy of your Personal Data;
(b)    Where our use of your Personal Data is unlawful but you do not want us to erase it;
(c)    Where you need us to hold your Personal Data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d)    You have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.

8.5    You further have the following rights:

(a)    to check whether we hold Personal Data about you and to access such data; and
(b)    to ascertain our policies and practices in relation to Personal Data and the kind of Personal Data held by us;  

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8.6     Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to privacy.officer@athiyaglobal.com. We reserve the right to charge a reasonable fee for processing any data access request(s). We try to respond to all legitimate requests received from our Users within 1 (one) month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

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9.     OPT-OUT 

9.1     You have provided us your Personal Data in connection with the use, and access of the Website, to process any application for Services from us, where failure to supply such Personal Data may result in your application for Services being rejected. 

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9.2     We can only use your Personal Data with your consent and we request that you provide such consent to us. We reassure you that you shall always have the right to withdraw your consent to the use of such Personal Data, by writing to us at privacy.officer@athiyaglobal.com. Although we endeavor to respond to legitimate requests to opt-out within 1 (one) month, it could occasionally take us longer than a month if your request is complex.

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9.3     Please note that if you do not wish for us to provide your Personal Data to any other persons for their use in advertising and marketing (whether or not such persons are members of Athiya), except where you have applied for or will apply for any service that is provided by Athiya jointly with a co-branding partner, you may avail the ‘opt-out’ option given in such marketing emails. Such opt-out will not apply to such Third Parties to whom you have consented or shall consent to the provision of your Personal Data separately.    
   
10.    CHILDREN’S PERSONAL DATA

    Our Services are only intended for adults/individuals who are above the age of 18 (eighteen) and accordingly, we only process the information of such individuals.

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11.    OTHER APPLICATIONS/PLATFORMS

In the course of using our Services/the Website, you may come across links to Third Party applications/websites. If you opt to click on one of these links, you would be directed to an application/website controlled wholly by such a Third Party and we bear no responsibility and exercise no control over the same. We have no control over the information you provide to such Third Parties on their application and such information provided by you is only processed for the purposes of the legitimate interests pursued by the Third Party. Such Third Party applications may also require you to enter your Personal Identification Information or collect your Personal Data. Such collection shall be governed by the privacy practices of these Third Parties which we advise you to independently apprise yourself of before deciding to use their services as their policies may differ from our Policy. You agree that we shall not be liable for any breach of your privacy or Personal Data or loss incurred by your use of these applications/websites. This Policy does not apply to information that you provide to, or that is collected by, any Third Party, such as social networks that you use which are not in connection with our Services. We encourage you to consult directly with such Third Parties about their privacy practices.

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12.    CHANGES TO THIS PRIVACY POLICY

We may exercise our right to amend or update this Policy at any time for any reason, and the amended Policy shall come into effect from when it is published on our Website. You will be notified of any such change and are requested to familiarize yourself with the most updated version of the Policy at all times, as they will be binding on you. Should you continue avail of our Services/use the Website, you will be deemed to accept the (amended) terms of the Policy and the terms therein. 

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13.    SERVICE PROVIDERS

We may use a variety of Third Party service providers to help us provide the Services/host the Website. They will only have limited access to your Personal Data to carry out their limited functions in accordance with strict directions and policies. The policies they are bound by shall mirror what we are bound by under this Policy and in no event shall such service provider be authorized to use/disclose your Personal Data for any purpose unconnected to purposes mentioned above on our behalf or to comply with legal requirements.

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14.     NON-PERSONAL INFORMATION

14.1     Any information which does not identify you is referred to as non-personal data/information. Such information could be collected when you visit the Website or interact with a Third Party we have engaged to provide us with services. 

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14.2     Such non-personal information may be used by us for any purpose. However, if such information is combined with your Personal Data, such combined data shall also be treated as Personal Data by us. 

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15.     DIRECT MARKETING

15.1     In order to curate our Services to reach you effectively, we may use your Personal Data in the advertising and marketing of our Services/events, whether directly or indirectly. 

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15.2     Further, we may also carry out direct marketing via email, direct mail and other means of electronic communication addressed to you, unless you have opted out of this. 

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16.        DATA PROTECTION

16.1     We will: (i) comply with all applicable Data Protection Laws and privacy laws; (ii) comply with all standards that relate to Data Protection Law and privacy laws and the privacy and security of your Personal Data; (iii) refrain from any action or inaction that could cause breach of any data protection and privacy laws; (iv) do and execute, or arrange to be done and execute, each act, document and thing we deem necessary in our business judgment to keep us compliant with the Data Protection Laws and privacy laws; and (v) immediately report theft or loss of Personal Data. 
 
16.2     Any Personal Data collected or accessed by us shall be limited to that which is strictly necessary to perform our obligations in relation to the Services or to fulfil any legal requirements. We shall use such Personal Data only as necessary in this regard and not for any other purpose. We shall maintain such Personal Data in strict confidence in accordance with the provisions of this Clause. We shall not share any Personal Data that is collected or possessed by us with any Third Party for any reason except as expressly stated in this Policy. 

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16.3    You agree that other than as stated in this Policy, we shall have the right to collect and/or use or analyse the Personal Data on an anonymised basis and in no way shall the Personal Data be used in a way that can lead to or reveal your identity.    

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16.4        We advise you not to include Sensitive Personal Data in any emails you may send to us. Please do not send credit/debit card numbers or any other Sensitive Personal Data to us via email. 

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17.     LIMITATION OF LIABILITY

    We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Data and particulars nor for any error, omission, or inaccuracy with respect to any information so disclosed and used.    

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18.     GRIEVANCE OFFICER

If you have any questions, issues or grievances to raise in relation to this Policy or you wish to make a complaint regarding any violation hereof, you may contact us on the details provided below. Thereafter, your grievance shall be acknowledged within 48 (forty-eight) hours and redressed within 1 (one) month from the date of receipt thereof.  

18.1     If you are a User located outside of the European Union, you may reach out to our Grievance Officer:
   Name: Chloe De Waele
   Email ID: privacy.officer@athiyaglobal.com

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18.2     If you are a User located in the European Union, you may reach out to Our Data Protection Officer (DPO):
   Name of Controller: Chloe De Waele
   Email: privacy.officer@athiyaglobal.com

    
19.     DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

19.1     A complaint or dispute in relation to this Policy may be raised on privacy.officer@athiyaglobal.com, in writing. This Policy shall be governed by and construed in accordance with the Applicable Laws of the United States of America, and the courts of the State of Texas shall have exclusive jurisdiction over any disputes arising between the Parties. 

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19.2    In the event of any dispute raised pursuant to this Policy, or the subject matter hereof ("Dispute"), (representatives of) the Parties shall cooperate to attempt to amicably resolve the same.

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19.3    Any disputes between the Parties regarding this Policy shall be referred to arbitration in accordance with the rules of the Texas Arbitration Act.The arbitral tribunal shall consist of 3 (three) arbitrators with 1 (one) arbitrator to be appointed by each Party and the 3rd (third) arbitrator to be appointed by the 2 (two) appointed arbitrators. The place of the arbitration shall be Flower Mound,Texas, USA and the language of the arbitration shall be English. The decision of the arbitrators shall be final and binding. The Parties waive any right of appeal to any court, insofar as such waiver can validly be made. 
 
20.     ASSIGNMENT

We reserve our right to unilaterally assign any of our responsibilities/obligations under this Policy to any person/entity without notice to our Users. However, you shall not be at liberty to assign, sub-license or otherwise transfer any of your rights/obligations hereunder to any Third Party without our prior consent in writing.  

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21.    SEVERABILITY

In the event a term of this Policy is found to be invalid or unenforceable for any reason by a competent court, the remainder of the terms and conditions of the Policy shall continue to be in force and shall in no way be affected, impaired or invalidated.    

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22.    NOTICES

Notices required to be provided by either Party ought to be in writing and sent via email. Such an email shall be deemed to have been given upon the transmission thereof unless the recipient can reasonably establish that it did not receive such email. Notices to Athiya ought to be sent via email to privacy.officer@athiyaglobal.com or such other email address notified to the User by us from time to time, for this purpose. 

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23.    THIRD PARTIES

This Policy shall not create any right, benefit or entitlement in favor of any Third Party.

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Date of Last Update: October 23, 2024