Privacy Policy
  1. Introduction
    1. Pro Garten India (hereinafter referred as “Pro Garten”), collects personal information (as defined hereinbelow) from individuals / enterprises / businesses (hereinafter referred as (“Customers”), who wish to avail Brain-Mapping and Psychometrical analysis with Real Life Exposure, provided by Pro Garten, for the purpose of conducting clinical career counseling. Pro Garten completely understands and acknowledges the obligations and responsibilities attached to maintaining the privacy of Personal Information (hereinafter referred to as PI) provided by its Customers.
    2. Pro Garten hereby expressly states that the data is stored with itself while undertaking steps which prevent misuse of the information entered by its customers, making it safe and secure.
    3. The present document shall be read in its entirety as the Privacy Policy of Pro Garten for the information obtained by it (including PI), from its Customers, through its website _________ (hereinafter referred as , “the Website”). The present document shall be construed in harmony with the “General Terms of Use”.
  2. Definitions
    1. Applicable Laws: Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 under the Information Technology Act, 2000 and all ordinances, rules, acts, orders, directions, circulars, bye-laws, duly enacted/passed/issued by the Parliament of India or any other competent government/judicial authority, which are not declared to be unconstitutional by a court of competent jurisdiction or any other competent government authority, which deal with handling and regulation of personal and sensitive information (as defined hereinbelow).
    2. Cookies: Small segments of information which is saved on various devices used by a user, basis the pattern of browsing history and data, which helps Pro Garten to carry out the following activities:
      • Authenticate the login information of a Customer;
      • Enable the security features of Pro Garten;
      • Display relevant advertisements;
      • Improve and develop the features of the Website.
    3. Force Majeure: Any event which is beyond the control of Pro Garten and which could not be avoided even after employing all the reasonable care and precautions, including but not limited to sabotage, fire, flood, explosion, acts of God, epidemic, civil commotion, strikes or industrial action, riots, insurrection, war, acts of government, computer hacking, crashes, breach of security and encryption, cyber-attack, malware or spyware attack.
    4. Personal Information: Personal Information shall mean and include any information or set of information (including sensitive information), disclosed by the Customers to Pro Garten through the Website, Personal Information Form with an intent to undertaken clinical career counseling offered by Pro Garten, including information in the nature of name, address, contact number, email address, unique identification number, educational information, health information including and not limited to mental as well as physical well-being, parentage, date of birth, user identity(ies), passwords, photographs, signature, or any other such information which may be obtained by Pro Garten in furtherance of the clinical career counseling as provided above.
      • Provided that any information in relation to a particular Customer, which is already available in public domain by no fault of Pro Garten, shall not be covered under this Privacy Policy.
    5. Third Party Information: Any information relating to a party (including both general as well as confidential information), apart from Pro Garten and its Customers, shall be construed as third-party information for the purpose of this Privacy Policy
  3. Scope of Privacy Policy
    1. This Privacy Policy applies to the Personal Information, as defined under Clause 2(c) hereinabove, provided by Customers to Pro Garten through the Website or Personal Information Form in furtherance of clinical career counseling offered by Pro Garten.
    2. Visiting the Website shall, in itself, be construed as an implied acceptance of the terms and conditions of Privacy Policy and the latest amended version of Privacy Policy shall equally apply to all the Customers (existing as well as prospective).
    3. Pro Garten may, at its sole discretion, modify the Privacy Policy without providing any prior notice (written or otherwise) to any of its Customers and hence it is highly recommended that the Customers may pay a periodic visit to this page.
  4. Express Consent of Customers
    1. The Customer hereby expressly consents to authorize Pro Garten to use the information, including but not limited to “PI”, provided by the Customer while using the Website for following purposes:
      • Contacting Customer through SMS, phone calls, e-mail or any other electronic modes, in relation to the Services provided by Pro Garten, and such authorization shall override any Do Not Call (DNC) or Do Not Disturb (DND) services which the Customer might have opted for from his/her service provider;
      • Linking/uploading the PI of the Customer for the purpose of appropriate career counseling and subsequent Boot Camp Exercise;
      • The PI provided by a Customer may be shared by Pro Garten with third parties for complete assessment of the customer including and not limited to the Boot Camp Exercise;
  5. Educational & Academic Background
    1. The educational & academic background of a customer includes and is not restricted to the scholastic records including Grade Sheets of subsequent years, co-curricular and extra- curricular participation and achievement records.
    2. The analysis & subsequent counseling shall be done on the basis of the Educational & Academic Background as uploaded or provided by the customer to Pro Garten.
    3. Pro Garten may store and record the educational & academic background informations of the customers for the purpose of case studies, or further research in subsequent matters.
  6. Purpose of Privacy Policy
    1. Pro Garten undertakes that it shall not sell/distribute the Personal Information provided by the Customers to any other third-party websites, applications or agencies for any purpose, and Pro Garten shall strive to obtain only such information from its Customers which is necessary for carrying out the above-mentioned purposes.
    2. Provided that Pro Garten may share the Personal Information provided by a Customer to any authorized/competent government, statutory, judicial or quasi-judicial body(ies), in case if Pro Garten is legally required to do so under any valid law for the time being in force, however such Personal Information shall only be shared after informing the concerned Customer.
    3. Pro Garten shall not be held liable for disclosure of the PI when used in accordance with this Privacy Policy or in terms of the ‘General Terms of Use’ of Website or an agreement, if any, with the users of Website.
  7. Extent of Disclosure of PI to third parties
    1. Notwithstanding contained in the above-mentioned clause, Pro Garten may share the PI provided by its Customers with third parties who work as partners with Pro Garten, under following circumstances:
      • For the purpose of analytical understanding of the customer’s aptitude;
      • For the purpose of organizing Boot Camp Exercise;
      • For improving the Customer experience;
      • For maintaining the standard of services provided by Pro Garten.
  8. Communications from Pro Garten
    1. By registering on the website of Pro Garten, a Customer consents to obtain following information on various electronic modes (including e-mails, app notifications, SMSs etc.):
      • Latest updates about the present as well as future developments of Pro Garten.
      • Developments taking place in the Educational industry.
      • Promotional emails and messages.
      • Latest news about Pro Garten.
      • Any other relevant piece of information which helps Pro Garten to improve its Customer experience
    2. The Customers can opt out of the above-mentioned communications from Pro Garten, only once they have specifically informed Pro Garten to revoke the consent which they provided to receive the same by registering themselves on the Website.
  9. Link to third party apps and websites
    1. The Website and any communication sent to you may also contain/display Third Party advertisements and links to other websites or products and services. The Customer as well as the website user hereby agrees and acknowledges that these apps and websites are operated by Third Parties and are not controlled by, or affiliated to, or associated with Pro Garten unless expressly specified. Pro Garten is not responsible for any form of transmission, whatsoever, received by the Customer from any such Third Party. Accordingly, Pro Garten does not make any representations concerning the privacy practices or policies of such Third Parties or terms of use of such websites or apps, nor does Pro Garten controls or guarantees the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites or apps. The inclusion or exclusion does not imply any endorsement by Pro Garten of the website, the Third Party, or the information on the website. The information provided by the Customer to such Third Party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that the Customer reviews the privacy policy on any such websites and apps prior to using such websites.
    2. These Third Party websites and apps and advertisers may use technology to send the advertisements directly to the browser of the Customer. In such cases, the Third Party websites or advertisers automatically receive the IP address of the Customer and such Third Party websites/apps may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. Pro Garten does not have access to or control over cookies or other features that such Third Party websites and apps and advertisers may use, and the information practices of these Third Party websites and apps and advertisers are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices.
  10. Security and Data Retention
    1. Pro Garten hereby expressly undertakes that it uses appropriate security practices in order to secure the data provided by its Customers, however it is clarified that no method of data protection is completely safe and secure, hence Pro Garten does not guarantee 100% data security to its Customers. In case of any queries/concerns regarding the method of date security adopted by us, kindly feel free to contact us at progarten.info@gmail.com
    2. Pro Garten uses various tools & techniques in order to ensure appropriate level of security and data protection to its Customers, while receiving the PI and after the PI is received and saved in our database.
    3. However, Pro Garten would not be responsible for any breach of security or for any actions of any Third Parties that receive your Personal Information / Sensitive Information. We are not/shall be not responsible for their privacy policies or practices as it is beyond our control.
    4. Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your Personal Information/Sensitive Information, if such loss, damage or misuse is attributable to a Force Majeure Event or due to an unauthorized use of the device of the Customer itself.
  11. Others
    1. In addition to the cookies, Pro Garten may also collect information to enable us to better understand you so that we can improve your user experience; to assist our customer service and technical support personnel; and put processes in place to prevent fraud and unlawful use. In an effort to make the Website affective and improve the Website, certain information may be collected each time you access the Website. Such information may be saved in server logs in an encrypted form which may not identify you personally. Such information or data may include, but shall not limit to, IP address, your server details, duration of your visit, date, time or purpose of your visit. In addition to cookies we use web beacons, ad tags, pixels to advertise as part of the Services. The abovementioned data may be used by us and may be shared with our sponsors, investors, advertisers, developers, strategic business partners or other associates to enhance and grow the user experience in relation to the Website.
  12. Notice
    1. The effective date of this Policy, as stated below, indicates the last time this Policy was revised or materially changed.
  13. Effective Date
    1. 22th of April, 2020