This Privacy Policy, applicable for the GeM (pilot phase), is an electronic agreement formed under the Information Technology Act, 2000 and the rules made there under (as amended till date). This privacy policy is a legally binding document between the user and GeM. The terms of this privacy policy will be effective upon your use of the website and will govern the relationship between user and the GeM for all the usages of the GeM website / portal. By using the GeM website / portal, it is construed that the content of this Privacy Policy have been read carefully and accepted unconditionally by the users. Else, none is allowed to use this GeM website / portal at all.
This Privacy Policy prescribes that:
The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of GeM and the terms "You" / "Your" / "Yourself" refer to the users.
By providing us your Information or by making use of the facilities provided by the GeM website / Portal, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by GeM as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.
This Privacy Policy is a contract between You and the respective GeM entity. This Privacy Policy shall be read together with the terms & conditions of the respective GeM entity.
Information collected and storage of such Information: The Information (which shall also Include data) provided by You to GeM or collected from You by GeM may consist of "Personal Information" and "Non-Personal Information".
Personal Information: Personal Information is Information collected that can be used to uniquely identify or contact you. The GeM portal and apps based on this portal does not automatically capture any specific personal information from you without your consent unless you yourself provide such information in the course of your activities on GeM for transaction of specific activities on GeM. We do not sell any personally identifiable information volunteered on the GeM to any third party (public/private).
Non-Personal Information: GeM may also collect information other than Personal Information from you through the Website / App when you visit and / or use the Website / App. Such information may be stored in server logs. This Non-Personal Information would not assist GeM to identify you personally. We gather certain information about the user, such as internet protocol (IP) addresses, domain name, browser type, operating system, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected or the department wants such information for any specific queries.
You hereby accept and represent to GeM that:
The Information you provide to GeM from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to GeM.
Your providing the Information to GeM and GeMs consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
GeM and each of GeM entities shall not be responsible for the authenticity of the Information that You or any other user provide to GeM. You shall indemnify and hold harmless GeM and each of GeM entities and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above and hereinafter.
Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data.
When you use the Website and/or the Services you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that :
belongs to another person and to which the you does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of anothers privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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 cognizable offence or prevents investigation of any offence or is insulting of any other nation;
infringes any patent, trademark, copyright or other proprietary rights;
contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any GeM server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
pprobe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of the Website, to its source;
disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of GeM or other third parties;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any applicable laws or regulations for the time being in force within or outside India;
Purpose for collecting, using, storing and processing Your Information: GeM collects, uses, stores and processes your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with any function or activity of each of GeM entities. You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the GeM entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
Sharing and disclosure of Your Information: You hereby unconditionally agree and permit that GeM may transfer, share, disclose or part with all or any of your Information, within and outside of the Republic of India to various GeM entities and to banks and financial institutions for one or more of the purposes or as may be required by applicable law. GeM may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitate various programmes or initiatives launched by GeM / Govt. of India, its affiliates, State Govt., from time to time. GeM may also share Personal Information if GeM believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies. We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims. You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to you or to any third party or any wrongful gain to us or to any third party.
Links to third party websites: Links to third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, GeM unless expressly specified on the Website. GeM is not responsible for any form of transmission, whatsoever, received by you from any third party website. Accordingly, GeM does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does GeM control or guarantee the accuracy, integrity, or quality of the information / data available on such third party websites. The inclusion or exclusion does not imply any endorsement by GeM of the third party websites, the website’s provider, or the information on the website. The information provided by you to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that you review the privacy policy of such third party websites prior to using such websites.
Security & Retention: The security of your Personal Information is important to us. GeM strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, GeM adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where GeM stores your Personal Information. Each of the GeM entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all GeM entities from any claim of damages under contract. If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS). GeM may share your Information with third parties under a confidentiality agreement which inter-alia provides for that such third parties not disclosing the Information further unless such disclosure is for the purpose. However, GeM is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. GeM is not liable for any loss or injury caused to you as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website). Notwithstanding anything contained in this Policy or elsewhere, GeM shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of GeM and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of GeM), power or electricity failure or unavailability of adequate power or electricity. While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
User discretion and opt out: You agree and acknowledge that You are providing Your Information out of your free will. You have an option not to provide or permit GeM to collect Your Personal Information. In such case, You should neither visit any Website nor use any services provided by GeM entities nor shall contact any of GeM entities. You can add or update Your Personal Information on regular basis. Kindly note that GeM would retain your previous Personal Information in its records.
GeM Help Desk/Call Centre: If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any other terms and conditions or polices of any GeM entity, please contact GeM Help Desk/Call centre or GeM entity as per details provided on GeM website.
GeM has provided this Privacy Policy to familiarize You with
The type of data or information that You share with or provide to GeM and that GeM collects from You;
The purpose for collection of such data or information from You;
GeMs information & security practices and policies; and
GeMs policy on sharing or transferring your data or information with third parties
In case of registration of Primary user/Buyer and creation of secondary user(s) by the former, their Aadhar (UID) details collected by GeM are solely for user verification and to apply e-signing on the documents. The e-sign is at par with digital signatures as per Information Technology Act Amendment 2008 and it works based on details available in Aadhar database of UIDAI and there is no interference / intrusion in their personal details.
This Privacy Policy may be amended / updated from time to time indicating the date of such amendment for your check on regular basis to be apprised yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Privacy Policy.
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