1Purpose of the Policy
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) (referred to as "we", "us", or "our") is committed to protecting the privacy of personal information obtained through its operations as a professional services firm. We, as a Data Fiduciary under applicable Indian data protection laws, comply with the Digital Personal Data Protection Act, 2023 (DPDP Act) and other relevant Indian laws and regulations governing the collection, use, and disclosure of personal information. Where applicable, we adhere to industry standards and best practices to safeguard personal data.
The purpose of this policy is to generally inform Data Principals (individuals whose personal data we process) of:
- how and when we collect personal information and personal data;
- how we use and disclose personal information and personal data;
- how we keep personal information and personal data secure, accurate and up-to-date;
- how an individual can access and correct their personal information and personal data; and
- how we will facilitate or resolve a privacy complaint.
This Privacy Policy applies to all personal information collected by Avine India Consultants (OPC) Private Limited (Brand name - Filowise), including in the context of employment or human resources, unless specifically exempted by the DPDP Act or other Indian laws.
Policy Updates: Our privacy policy will be reviewed regularly to take account of changes in legislation, technology, and our operations and practices. We will inform you of any changes we make to this privacy policy as necessary.
2Requesting a Copy of Our Privacy Policy
Our privacy policy is available by following links to the policy on our website footer. However, on request, we may provide you with a copy of the policy in an alternate format. If you have any enquiries or would like to request a copy of the policy, please contact our Grievance Officer (refer to contact details below).
3Purposes for Collection and Use
We only collect, hold, use, and disclose personal information which is reasonably necessary to ensure that we can provide you with the products and services that are appropriate to your needs. We will outline to you, when you engage in our services, the specific purposes for which we will collect, hold, use, and disclose your personal information.
4Types of Personal Information We Collect
Due to the nature of the products and services we provide and the requirements of legislation and regulations, we ask for a range of personal information from our customers.
The types of personal information we may collect can include:
- Names, employment titles, residency, contact details
- Date of birth and gender
- Information in identification documents (passport, driver's licence)
- Permanent Account Numbers (PAN) and other government-related identifiers
- Assets and liabilities
- CV, Educational qualifications and employment history
- Qualifications, memberships, and other accreditations
- Personal income and financial records
- Visa and work permit status
- Bank account details
- Shareholdings and details of investments
- Superannuation details
- Nature of Business, Tax and financial statements
- Information regarding insurance
- Personal information about your spouse and dependants
- Advice received from client that may contain additional personal information
Sensitive Personal Data may include:
- Health status
- Ethnic origin
- Details of any membership/s to professional associations
- Criminal record
Your Rights: You have a right to refuse to provide us with your personal information or to request the use of a pseudonym. However, if you do refuse to provide such information, we may be unable to complete or fulfil the purpose for which such information was collected. You also have the right to withdraw your consent at any time, subject to certain conditions under the DPDP Act.
5Collection, Holding, Using and Disclosing Personal Information
Collection - General
When we collect, hold, use, and disclose personal or sensitive personal data, it must be done through lawful means and for a specified purpose. Consent must be obtained to collect, hold, use, and disclose personal information, unless otherwise permitted by law. We are not required to obtain your consent to collect, hold, use, or disclose your personal or sensitive personal data if the collection is required or authorized by or under an Indian law or a court/tribunal order, or if other legitimate uses are permitted in accordance with the Digital Personal Data Protection Act, 2023. For sensitive personal data, explicit consent will be obtained where required.
Methods of Collection
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) uses a variety of formats for the collection of personal and sensitive personal data. These include:
- Requiring clients to complete a Client Profile or other forms
- Receipt of emails, letters, and other correspondence
- Telephone calls and appointments in person
- Publicly available records
- Through a customer's personal representative
- Through the use of our website, such as via contact mailboxes or online enquiry forms
In every circumstance, we will attempt to obtain such personal and sensitive personal data directly from you. If that is unreasonable or impracticable, we will attempt to obtain such information from other sources in accordance with lawful means.
Collection of Someone Else's Personal Information
You should only provide us with someone else's personal information where you have their express consent to do so, and it is for the purpose of us providing services to you. Matters in this policy should be communicated to any person whose information you collect and provide to us. In providing such information, you agree that you have obtained the relevant consent and are authorized to do so.
Unsolicited Personal Information
There may be circumstances where we are provided with personal information which we did not actively seek. An example may be misdirected mail, or an excess of documents provided to us by clients.
In such cases, our Grievance Officer will assess whether the personal information was collected in a lawful and appropriate manner under the Digital Personal Data Protection Act, 2023. If it is determined that the information was not lawfully obtained, we will take reasonable steps to delete or de-identify the data in accordance with our data handling practices. Where feasible, we will make reasonable efforts to notify the individual whose information was inadvertently received.
6Storage and Security of Personal Information
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) will take reasonable security safeguards to protect your personal information from misuse, interference, loss, unauthorized access, modification, or disclosure. We do this by employing a range of methods, including:
- secure server and network infrastructure;
- encryption of data;
- secure office premises; and
- training staff on information security procedures and privacy policies.
Safeguarding the privacy of your information is important to us. We hold personal information in a combination of secure computer storage facilities and paper-based files and take steps to protect the personal information we hold from misuse, loss, interference, unauthorized access, modification, or disclosure.
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) trains its employees carefully on handling personal information and the confidentiality of such information.
When we no longer need your personal information for our purposes, we will take reasonable steps to securely destroy or de-identify your personal information.
7Disclosure of Personal Information Overseas and Sharing
Disclosure within the Avine India Consultants Network
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) has offices in various locations. To meet the purposes for which your personal information has been collected, we may disclose your information to others in the Avine India Consultants (OPC) Private Limited (Brand name - Filowise) network.
Cross-border Transfer of Personal Data
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) may utilize service providers located outside India to process data and help deliver services to you. We may transfer your personal information to these providers from time to time. Such cross-border transfers would typically be to countries deemed appropriate for data transfer under the Digital Personal Data Protection Act, 2023, or to countries not specifically restricted by the Indian government.
When required, your personal information will only be disclosed to an overseas person or business in the following circumstances:
- Where the transfer is necessary for enforcing a legal right or claim;
- Where the overseas recipient is bound by a contract or other legally enforceable instrument that ensures protection of personal data in accordance with the DPDP Act;
- If you provide explicit consent for Avine India Consultants (OPC) Private Limited (Brand name - Filowise) to disclose the information after we provide you with the full information regarding the risks of such transfer; or
- If the disclosure is required or authorized by or under an Indian law or a court/tribunal order.
On collection of your personal information, we will inform you whether it is likely we will transfer the information across borders and, if so, where those recipients are likely to be located.
Disclosure to Third-Party Service Providers
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) engages third-party providers, such as IT service providers and market research firms, to support its business operations and deliver services to you. From time to time, we may need to share limited personal information with these providers. Any such disclosure will be made in accordance with this Privacy Policy and the Digital Personal Data Protection Act, 2023.
8How We Use Your Personal Information
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) may at times use and disclose personal information about an individual for the "primary purpose" of collection (i.e., the dominant or fundamental purpose for which that information is collected).
The primary purpose includes facilitating our internal business processes, communicating with clients, prospective clients and other external parties, providing ongoing marketing information about our products and services, complying with our legal obligations, and dealing with enquiries and complaints.
In certain circumstances, the law may permit or require us to use or disclose personal information for other purposes (for instance, where a client would reasonably expect us to and the purpose is related to the purpose of collection).
For tax clients, Permanent Account Numbers (PAN):
- can be collected by tax agents and accountants;
- can be used only to conduct client's affairs; and
- can be disclosed only to the client and the Income Tax Department (India).
9Privacy on Our Websites
The Avine India Consultants (OPC) Private Limited (Brand name - Filowise) website uses Google Analytics or other third-party software to analyze aggregate user behaviour. Google Analytics and such other software may use cookies, which are text files placed on your computer.
We use cookies to:
- Anonymously identify your session for website functionality.
- Track non-identifiable information (such as the pages you visit) to improve our website and offerings.
- Gather aggregated information from other users for analytical purposes.
These cookies are not used to grant Avine India Consultants (OPC) Private Limited (Brand name - Filowise) access to your personally identifiable information unless you explicitly submit that information (e.g., your email address) via our online information form.
You can manage your cookie preferences through our website's cookie consent banner or by directing your browser to delete cookies. Please note that disabling certain cookies may affect the functionality of our website. For more information about Google Analytics, please follow the links provided on our website.
Any links to third-party websites on Avine India Consultants (OPC) Private Limited (Brand name - Filowise)'s website are not covered by our privacy policy. We encourage you to review the privacy policies of those third-party websites.
10Direct Marketing
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) may engage in direct marketing to you from time to time.
Your personal information will only be used or disclosed for direct marketing where we have your consent, or where otherwise permitted by the Digital Personal Data Protection Act, 2023. This includes circumstances where the information is not sensitive personal data, is collected directly from you, and there is an easy means to opt out of such marketing (and such an opt-out request has not been made).
Opt-Out: If you do not wish to receive these materials, please contact our Grievance Officer or use the unsubscribe link provided in our marketing communications.
11Credit Information
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) may collect and hold various types of information about you, including credit information. We will hold and use such information in accordance with the Credit Information Companies (Regulation) Act, 2005, and other relevant Indian laws and regulations.
12Access to Personal Information
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) will take reasonable steps to ensure the personal information we collect, use, and disclose is accurate, complete, and up-to-date. If you believe that your personal information is inaccurate, incomplete, or out-of-date, you may contact us to request correction.
You have the right to access any personal information regarding you that Avine India Consultants (OPC) Private Limited (Brand name - Filowise) holds. This is subject to some limited exceptions as outlined in the Digital Personal Data Protection Act, 2023, which our Grievance Officer can explain to you.
Such exceptions may include:
- Where providing access would have an unreasonable impact on the privacy of others;
- Where the request for access is frivolous or vexatious;
- Where the information relates to existing or anticipated legal proceedings between Avine India Consultants (OPC) Private Limited (Brand name - Filowise) and you, and the information would not be accessible by the process of discovery in those proceedings;
- Where providing access would reveal Avine India Consultants (OPC) Private Limited (Brand name - Filowise)' intentions in relation to negotiations with you in such a way as to prejudice those negotiations.
Requests for access to your personal information should be made in writing to our Grievance Officer.
For security reasons, you may be required to put your request in writing and provide proof of your identity before we provide you with access to your information.
Response Time: In most circumstances, we will provide you with access to your personal information within 30 days of your request. If we cannot meet this time frame, we will inform you. If we refuse to give you access to any part of the information requested, we will tell you why in writing.
13Correction of Personal Information
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) endeavours to ensure that the personal information we hold is accurate and up-to-date. We realize that this information changes frequently with changes of address and other personal circumstances. We encourage you to contact Avine India Consultants (OPC) Private Limited (Brand name - Filowise) as soon as possible to update any personal information we hold about you.
Where personal information held about you is inaccurate, out-of-date, incomplete, irrelevant, or misleading, you have the right to request us to correct it. If we refuse your request, we will tell you why in writing and how to complain about our refusal if you wish to do so.
14Roles and Responsibilities
Our staff are trained to handle personal information in accordance with this policy and our information security procedures. We have designated roles within our organization to manage data protection and privacy compliance.
15Modifications and Updates
Avine India Consultants (OPC) Private Limited (Brand name - Filowise) reserves the right to modify this Privacy Policy at any time. Changes to the policy will be notified by updating the policy on our website and indicating the date of the update.
16Complaints
If you believe that Avine India Consultants (OPC) Private Limited (Brand name - Filowise) has mishandled your personal information or violated applicable Indian data protection laws, you may submit a written complaint to our Grievance Officer.
Complaint Process: Our Grievance Officer will acknowledge receipt of your complaint within 7 days and will provide a written response within 30 days, outlining the outcome of the investigation and any steps taken to address the matter. If you are not satisfied with our response, you may file a complaint with the Data Protection Board of India (DPBI) as per the provisions of the Digital Personal Data Protection Act, 2023.
17How to Contact Us
For more information about our privacy practices, to make a complaint, to access or correct your personal information, please contact our Grievance Officer:
Grievance Officer
Avine India Consultants (OPC) Private Limited
(Brand name - Filowise)
Address: L-3/51, Vinay Khand, Gomtinagar, Lucknow, Lucknow-226010, Uttar Pradesh
Response Time: We will acknowledge your complaint within 14 days and provide a decision on your complaint within 30 days.
If you are not satisfied with the response from our Grievance Officer, you may file a complaint with the Data Protection Board of India (DPBI).