07 December 2022
If you collect or use any personal information from your clients, you must have a PP in place. For instance, email addresses, first and last names, and so on. The goal of this knowledge is to enlighten clients about your collection and use of personal information about them. A T&C understanding presents terms, conditions, prerequisites, and provisions associated with the use of your website or mobile/workplace application, for example, copyright security, account termination in cases of maltreatment, and so on.
Why are they needed?
In contrast with PP, the T&C are not legally required under law. However, it is highly recommended to have one so that the business can anticipate misuses of their website or mobile application, as well as to limit your own danger as the proprietor of the internet business. Without this type of agreement in place, and without it being properly permitted, there is no way for the business to legally limit or restrict how someone may or cannot use their site or app. Copyright infringement issues might arise if clients use the business’ content without their permission or if there is abuse. It is recommended that any online business (even if it is just a simple website or a basic, mobile application) that allows or requires a client to enroll for a record have this agreement set up and present it to clients.
The Information Technology Act was amended in 2009 to provide basic privacy and data protection protections. In India, the privacy legislation currently compels companies and websites to use caution while collecting and handling sensitive personal data or information. A civil provision is now available that specifies damages for a business that fails to use "reasonable security methods and procedures" while managing "sensitive personal data or information," resulting in unlawful loss or benefit to any individual. Hence it is legally mandated to have a PP for businesses whether small or large.
Irrespective of the size of your business, having T&C and PP helps increase transparency and the trust your customers have in you. It also helps save the business from future liability that might arise due to the use of the website, the contents of the website, the data collected and how the data is utilized.
The content of this article is for information purposes only and does not constitute advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer to relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up. The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that the Author / Treelife Consulting is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof.
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