Last Updated on September 2020
Protecting the privacy rights of data subjects and safeguarding their Personal Data is now being treated as a basic right of an individual and a legal requirement in many parts of world. Mindtree, being a global organization, respects the privacy of data subjects and is committed to complying with the applicable data privacy laws and legislations (including but not limited to EU General Data Protection Regulation 2016/679, California Consumer Privacy Act, The Privacy Act 1988 (Australia) including the Australian Privacy Principles (APP), Data Protection Act 2018 (UK), Indian IT act and Personal Data Protection Act 2012 (Singapore) and other applicable privacy laws to the extent that they apply to Mindtree’s data processing and business operations) (the “Data Privacy Laws”).
This Policy is designed to explain and set out Mindtree’s procedures and policies when processing Personal Data and Sensitive Personal Data (the meaning of which are set out below) by the organization. This Policy defines the requirements to ensure compliance with the Data Privacy Laws applicable to Mindtree’s collection, use, and transmission of Personal Data and Sensitive Personal Data.
The scope of this Policy applies to Mindtree, its affiliates, business partners, employees, and Third Parties providing services to Mindtree (together “Mindtree”, “we” or “us”). It covers Processing (including but not limited to collection, storage, usage, transmission and destruction) of Personal Data and Sensitive Personal Data of Mindtree’s current and previous employees, prospective candidates, current, prospective and previous customers, current and previous partners/vendors, website visitors, subcontractors and visitors, (together “you”/ “your”) by Mindtree during the course of its business activities.
Mindtree acts as a Data Controller with respect to any Personal Data or Sensitive Personal Data it holds about you. Mindtree is responsible for ensuring that it uses your Personal Data in compliance with the Data Privacy Laws.
This Policy sets out the basis on which any Personal Data, Personal Information and Sensitive Personal Data about you that you provide to us, that we create, or that we obtain about you from other sources, will be processed by us.
The meaning of some of the terms in use in the Policy are explained below:
|Personal Data||Any information of Data Subject which can reasonably associate or link to an identifiable natural person or could include anyone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.|
|Personal Information (applicable only to California residents)||Information pertaining to residents of California that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, but does not include information that is lawfully made available from federal, state or local government records, nor does it include “deidentifed” or “aggregate customer information” as those terms are defined pursuant to the CCPA. Mindtree does not collect Personal Information from California residents that are under the age of 16.|
|Sensitive Personal Data||Defined as any information relation to a identified or identifiable natural person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning health including genetic or bio metric information, or information concerning an individual’s sex life or sexual orientation, and data relating to offenses, or criminal convictions etc.. With respect to California residents, in addition to the preceding, the term also includes national origin or ancestry, sexual orientation, sex (including, gender, gender identity, and gender expression), pregnancy, childbirth and medical conditions related to same, age, physical or mental disability, veteran status, genetic information and citizenship.|
|Process, Processes, Processed or Processing||Means any operation or set of operations which is performed on Personal Data or Personal Information or Sensitive Personal Data or on sets of Personal Data or Personal Information or Sensitive Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.|
|Consent||Any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which the Processing of their Personal Data, Personal Information and/or Sensitive Personal Data via a statement or by a clear affirmative action, signifies agreement to the processing of their Personal Data, Personal Information and/or Sensitive Personal Data.|
|Data Subject||Relates to a particular natural person (i.e. an identified or identifiable natural person to whom the Personal Data belongs. In case of a minor/ individual with mental disabilities, the data subject would be the legal representative (parent/ guardian). For the purpose of clarity of this Policy, “Data Subject” means Mindtree current and previous employees, prospective candidates, current and previous customer personnel, current and previous partner/vendor personnel, website visitors, subcontractors and visitors. Mindtree does not collect Personal Data/ Personal Information and Sensitive Personal Information from Data Subjects that are under the age of 16. For the purpose of CCPA, Data Subject shall include California residents.|
|Data Controller||Means a person or organization who (either alone, or jointly, or in common) determines the purposes for which and the manner in which any Personal Data are, or are to be, Processed. For the purposes of this Policy, references to Data Controller shall mean references to Mindtree and its affiliates, where relevant.|
|Data Processor||Is a person or organization who Processes the Personal Data on behalf of and under the instruction of the Data Controller.|
|Third Party||In relation to Personal Data or Personal Information or Sensitive Personal Data means any person other than the Data Subject, the Data Controller, or any Data Processor or other person authorized to process data for the Data Controller.|
|“Sell,” “selling,” “sale,” or “sold,”||Means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Data or Personal Information by the business to another business or a Third Party for monetary or other valuable consideration.|
5 How we collect your Personal Data/ Personal Information / Sensitive Personal Data
We will collect and process the following Personal Data / Personal Information/ Sensitive Personal Data about you as follows:
|Data Elements / Categories||How we collect your data|
|Customer Personal Data or Personal Information in Projects||Directly from you while Mindtree providing services to you|
|Business Partner/Vendor Personal Data or Personal Information||Directly from you while Mindtree is receiving services from you.|
From Third Parties or other sources (for example via recruitment agencies or Mindtree employee referral but in each case only as far as legally permissible and only as far as is necessary to fulfil the position in question), which may also include public sources such as professional networking platforms or job portals
Directly from you in case you have directly applied through the website
|Employee Data||Directly from you during the course of your employment;|
|Visitor information||Directly from you at the time of visiting our premises|
|Website Data||Directly from you when you voluntarily fill out your information on the website through specific provided forms to receive information from us or contact you. The information that you are required to fill in the website are your identity information and contact details (e.g. First Name, Last Name, Work Email, Company Name). In general, you may browse our website without providing any Personal Data about yourself. In the website, we do not collect any of your Sensitive Personal Information|
|Marketing Data, Events and Initiatives||Directly from you when you contact or interact with any Mindtree representative, via Mindtree website or events or conferences or workshops that you attend, by telephone, email, online portal or in person. From professional networking platforms like Linkedin, Tweeter.|
|Prospective Customers and business partners/ vendors||Other customer/ business partner and vendor referral. Also refer to “website data”, “Marketing Data, Events and Initiatives”.|
For California residents only and in addition to the preceding, if such Personal Information is collected from other electronic sources, over the internet, using a pen and paper, through an algorithm, or through any other means.
Purpose and Lawful basis of Processing
We are entitled to Process your Personal Data, Personal Information or Sensitive Personal Data in these ways because of the following reasons:
- Performance of Contract: We may process your Personal Data, Personal Information or Sensitive Personal Data, where necessary to enter into a contract with you or to perform our obligations under a contract with you. E.g processing of personal data for employment purposes or providing services to our customers. If you do not provide Personal Data for processing under this legal basis, we may not be able to perform as per the respective contract.
- Legitimate Interests: We may process your Personal Data, Personal Information where it is necessary for our legitimate business interests as a company, including to manage, which are outlined above
- Legal Obligations: We may process your Personal Data, Personal Information where it is necessary in order to comply with applicable legal and/or regulatory obligations, establish, exercise or defend our legal rights or for the purpose of legal proceedings and to prevent and respond to actual or potential fraud or illegal activities.
- Other “Substantial Public Interest” Grounds: We may process your Personal Data, Personal Information (or where relevant, your Sensitive Personal Data) on other substantial public interest grounds where it is subject to regulatory requirements (including generally accepted principles of good practice) where Processing is necessary by us for the performance of a task mandated by governmental authorities, regulatory authorities or any other law enforcing authorities in the public interest.
- Internal Research: We may Process Personal Information for internal research for technological development and demonstration.
- Transactional: We may transfer Personal Information as an asset through a merger, acquisition, bankruptcy or other transaction in which a Third Party assumes control of the business in whole or in part. In such event, the Third Party cannot materially alter how it uses or shares the acquired Personal Information subject to certain exceptions.
|Data Elements / Categories||Purpose of Collection||Lawful Basis|
|Customer Personal Data or Personal Information in Projects||Providing services to Customer: to provide our products and services to you;||Performance of the contract or business purpose|
|Partner/Vendor Personal Data or Personal Information||Receiving Services from Vendor/ Partner: to receive products and services from you;||Performance of the contract or business purpose|
|Prospective Candidates||Employment Opportunities: Where you have applied for a role with us, to review and process your job application with us and (only where legally permissible and where strictly necessary to assess your suitability for the relevant role) to conduct background screening checks on you (where applicable);||Legitimate interest of Mindtree or business purpose|
|Employee Data||Employment related activities: To carry out activities relating to your employment contract with us;||Performance of contract, compliance with laws and legitimate interest or business purpose|
|Visitor information||Security Purposes: Where you are a visitor to our premises, to record and monitor your use of our premises and/or IT systems in order to maintain their security and protect them against fraud or unauthorised entry||Legitimate interest or business purpose|
|Marketing Data, Website Data, initiatives and Events||Marketing purposes: To engage in marketing and business development activities in relation to our products and services. This may include email and SMS marketing, other marketing communications as well as organising events. Use it for our legitimate business interests, such as operating our website, managing the efficient management and operation of our business, conducting marketing activities designed to improve the products and services we offer to you, and administering the security of our business||Consent, Legitimate Interest or business purpose|
Processing Sensitive Personal Data
We may, where legally permissible, process your Sensitive Personal Data on the following lawful bases:
- Explicit Consent is obtained from you where required under applicable local laws or in specific circumstances, where you are physically or legally incapable of giving consent, but the processing is necessary to protect your vital interest for example, where emergency medical care is needed.
- Without explicit consent when such processing is specifically authorised by applicable local Data Privacy Laws including but not limited to circumstances where Mindtree is permitted to process Sensitive Personal Data.
How we will be using your Personal Data/ Personal Information for Direct Marketing
For direct marketing, we will be using your Personal Data/ Personal Information in the following ways (to the extent in compliance with applicable local laws).
- Manage and maintain our relationship with you, including responding to an inquiry, question or comment made by you.
- To engage in marketing and business development activities in relation to improve Mindtree’s products and services.
- Improve the products and services we offer to you, and administering the security of our business.
- To conduct analysis and market research to improve this website
- Inform you about our service offerings by communicating through email, SMS, phone and any other similar communications means
- respond to any legal process or as required by law in response to any court order, subpoena or a law enforcement agency, defending us in case of legal disputes or to take action against any illegal activity and to address any potential threat to the physical safety of a person.
- California residents who provide Personal Information are entitled to request information about themselves that we shared with Third Parties for their own direct marketing purposes (if applicable), including the categories of information and the names and addresses of those businesses. We do not currently share the Personal Information of California residents with Third Parties for their own direct marketing purposes
Events and Initiatives
We organizes and participate events and initiatives. In such cases this Policy applies to participants and speakers together with any other supplementary information that is provided in relation with each event. In the event we appoint any Third Parties to conduct or organize such events and initiatives, your Personal Data or Personal Information shall be shared to such Third Parties under contractual obligations with such Third Parties in compliance with applicable Data Privacy Laws. The processing of Personal Data/ Personal Information by such Third Parties shall however be governed by the respective parties’ privacy policies and the contractual obligations entered with us.
Retention and Disposal of Personal Data or Personal Information
How long we continues to hold your Personal Data/ Personal Information will vary depending principally on:
- Purposes identified in this Policy for using the Personal Data/ Personal Information/ Sensitive Personal Information – we will need to keep the information for as long as is necessary for the relevant purpose; and
- Legal obligations – laws or regulation may set a minimum period for which we will have to keep your Personal Data/ Personal Information/ Sensitive Personal Information
Disposal of Personal Data/ Personal Information/ Sensitive Personal Information shall be handled with utmost care and shall be governed in accordance with reasonable data security practices as detailed by its internal policies governing data disposal.
Cross Border Transfer
We are a part of the Larsen and Tubro Group companies which is an international group of companies and, as such, transfer your Personal Data/ Personal Information/ Sensitive Personal Information to various countries where we and our parent company and affiliates operates.
We may transfer your Personal Data/ Personal Information/ Sensitive Personal Information between our group companies and data centres for the purposes described in this Policy. We may also transfer Personal Data/ Personal Information/ Sensitive Personal Information to its Third Party suppliers, customers or business partners in different geographies.
Where we transfer your Personal Data/ Personal Information/ Sensitive Personal Information outside of the European Economic Area (“EEA”), we will ensure that it is protected and transferred in a manner consistent with applicable legal requirements. This can be done in a number of different ways, for instance:
- the country to which we sends the Personal Data/ Personal Information/ Sensitive Personal Information may be approved by the European Commission as a jurisdiction with offering an “adequate” level of Data Privacy Laws;
- the recipient organisation has signed a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your Personal Data/ Personal Information/ Sensitive Personal Information.
In other circumstances, the law may permit us to otherwise transfer your Personal Data/ Personal Information/ Sensitive Personal Information outside of Europe. In all cases, however, any transfer of your Personal Data/ Personal Information/ Sensitive Personal Information will be compliant with applicable Data Privacy Laws.
You can obtain more details of the protection given to your Personal Data/ Personal Information/ Sensitive Personal Information when it is transferred outside the EEA (including a sample copy of the model contractual clauses) by contacting us using the details set out within this Policy.
Security of Personal Data/ Personal Information/ Sensitive Personal Data
In order to comply with our data security obligations under applicable Data Privacy Laws, we has adopted the following physical, technical and organizational security measures to ensure the security of your Personal Data/ Personal Information and Sensitive Personal Data:
- That includes the prevention of their alteration, damage, loss, unauthorized processing or access, having regard to the nature of the data and the risks to which they are exposed by virtue of human action or the physical or natural environment.
- We shall comply with the security safeguards as per our contractual and statutory requirements in consultation with its internal I.T department.
- The Office of Data Privacy and Chief Information Security Officer shall assess the security measures implemented to safeguard Personal Data, Personal Information and Sensitive Personal Data on a regular basis and update the same, where required.
- All employees and contractors shall be imparted with mandatory Privacy training (e.g., Training on Embedding Privacy in Software Development etc.). Further confidentiality agreements and Non Disclosure Agreements shall be signed by all employees and contractors on or before their joining date with Mindtree.
We have implemented an incident and breach management procedure to ensure that exceptions in data privacy compliance are promptly reported to the Office of the Data Privacy.
Privacy by Design
- We have established a process to proactively embed privacy at the initial planning/design stages and throughout the complete development process of new processes/ services/ technologies and/or platforms that involve Processing of Personal Data.
- Considerations have been made for technical and organizational measures to enhance privacy (e.g. pseudonymization, anonymization, data minimization, data aggregation etc.).In addition, we shall take appropriate technical and organizational measures to ensure that Personal Data collected or Processed is adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed.
- With respect to the Personal Information of California residents and in addition to the above, we will use measures to enhance the privacy of your Personal Information through the use of measures to “aggregate consumer information” or to “deidentify” such Personal Information as those terms are defined by the CCPA.
You have certain rights relating to your Personal Data/ Sensitive Personal Data provided for under applicable Data Protection Laws.
- The right to request access to your Personal Data/ Sensitive Personal Data and the processing activities on the Personal Data/ Sensitive Personal Data. Please note that there may be circumstances in which we are entitled to refuse requests for access to copies of your Personal Data/ Sensitive Personal Data.
- Request that your Personal Data/ Sensitive Personal Data is corrected if it is inaccurate or incomplete.
- Request erasure of your Personal Data/ Sensitive Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Data but we are legally entitled to retain it.
- Request that the processing of your Personal Data/ Sensitive Personal Data is restricted in certain circumstances.
- Object to processing of your Personal Data/ Sensitive Personal Data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Data/ Sensitive Personal Data but we may be required under applicable Data Protection Laws to refuse such request.
- Receive your Personal Data/ Sensitive Personal Data provided to us as a Data Controller in a structured, commonly used and machine readable format in certain circumstances and/or re quest that we transmit that Personal Data/ Sensitive Personal Data to a Third Party where that is technically feasible. Please note that this right only applies to Personal Data/ Sensitive Personal Data which you have actually provided to us.
- Lodge a complaint with an applicable data protection supervisory authority, if you think that any of your data protection rights have been infringed by us. We can, via the contact details provided in this Policy, tell you which data protection supervisory authority is relevant to the processing of your Personal Data/ Sensitive Personal Data.
- Object to, and not to be subject to a decision based solely on, automated processing (including profiling), which produces legal effects or significantly affects you.
- Withdraw consent that you have provided at any time by contacting us. Please bear in mind that in certain circumstances it may be lawful for us to continue processing your Personal Data/ Sensitive Personal Data without your consent if it has another lawful basis of processing.
Following are the rights applicable to the respective jurisdictions
|Data Subject Rights||Europe including UK||US||Australia||Singapore||India|
|Right to Information / Access\||Yes||Yes||Yes||Yes||Yes|
|Right to withdraw consent (opt out)||Yes||Yes||Yes||Yes||Yes|
|Right to Object processing||Yes||Yes|
|Right to Restrict processing||Yes||Yes|
|Right to Erasure (to be Forgotten)||Yes||Yes||Yes|
|Right to Rectification||Yes||Yes||Yes||Yes||Yes|
|Right of Data Portability||Yes||Yes||Yes|
|Right not subject to automated decision making/profiling||Yes|
|Right to Complain to the Supervisory authority||Yes||Yes||Yes||Yes||Yes|
|Right not to be subject to discrimination for the exercise of rights||California Residents|
|Opt out of sale of data||California Residents|
If you wish to receive more details or carry out any specific rectifications to your Personal Data/ Sensitive Personal Data please contact the Data Privacy Officer at Dataprotection.Office@mindtree.com
California Privacy Rights
The CCPA provides California residents with the right to request disclosure of the categories and specific pieces of Personal Information that the business collects, sells or discloses concerning California residents and we shall provide such information without charge to the requesting California resident after verifying the request. We are required to provide such information no more than twice in a 12 month period. Under the CCPA, “collects” includes information bought, rented, gathered, obtained received and accessed whether actively, passively or by observing the California resident, provided, however, that we are limited in terms of what we can disclose when such information is Sensitive Personal Data.
The CCPA requires that we provide data portability to California residents.
Subject to certain exceptions, the CCPA grants rights to California residents to request the deletion of their Personal Information.
The CCPA prohibits discrimination against California residents that elect to exercise their rights under the CCPA.
The CCPA prohibits any agreement or contract that seeks to waive or limit California residents’ rights under the CCPA.
California residents who provide Personal Information are entitled to request information about themselves that we shared with Third Parties for their own direct marketing purposes (if applicable), including the categories of information and the names and addresses of those businesses. We do not currently share the Personal Information of California residents with Third Parties for their own direct marketing purposes.
Automated profiling and decision making
We do not use any automated decision making (including profiling) to process your Personal Data/ Personal Information/ Sensitive Personal Data.
Disclosure to Third Parties
- We may disclose some of your Personal Data/ Personal Information/ Sensitive Personal Data to affiliates within our corporate group companies under the following circumstances:
- Personnel administration, employee work and business management purposes.
- To provide service that is legally bound by a valid contract.
- To carry out day-to-day business transactions.
- To identify and contact the Data Subject.
- To ensure compliance to local laws and regulations.
- Security Management
- Events and Initiatives
- We may also share Personal Data/ Personal Information/ Sensitive Personal Data outside of its corporate group where we relies on Third Parties to assist in its processing activities. This may include:
- Third Party agents/suppliers or contractors, bound by obligations of confidentiality, in connection with the processing of your Personal Data/ Personal Information/ Sensitive Personal Data for the purposes described in this Policy. This may include, but is not limited to, information technology and communication services providers.
- Third Parties relevant to the products and services that we provide. This may include, but is not limited to, hardware or software manufacturers, other professional services providers, regulators, authorities and other governmental institutions.
- To the extent required by law, regulation or court order, for example if we are under a duty to disclose your Personal Data/ Personal Information/ Sensitive Personal Data in order to comply with any legal obligation.
- With respect to disclosing Personal Data/ Personal Information/ Sensitive Personal Data to Third Parties, such written contracts with Third Parties will include restrictions prohibiting the Third Party from retaining, using or disclosing Personal Data/ Personal Information/ Sensitive Personal Data for any purpose except performing the services specified in the contract or as otherwise permitted by applicable Data Privacy Laws.
- Where it discloses your Personal Data/ Personal Information/ Sensitive Personal Data to Third Parties Mindtree will seek to use a Data Processors or Subprocessors that are capable of providing sufficient security measures in accordance with applicable Data Privacy Laws and shall put in place contractual mechanisms to ensure that the relevant Data Processor or Subprocessor takes reasonable steps to ensure compliance with those measures.
- Mindtree does not sell any Personal Data/ Personal Information/ Sensitive Personal Data under any circumstances.
Quality of Personal Data/ Personal Information and Sensitive Personal Information
- We shall ensure to implement reasonable Processes to monitor the quality of the Personal Data/ Personal Information and Sensitive Personal Data that we store/ process.
- Where instructed by you as per “Your Rights” section, we shall update the Personal Data/ Personal Information and Sensitive Personal Data that we holds on record about you.
- o We shall ensure that inaccurate data is erased (or at least put beyond any reasonable use) or replaced by corrected or supplemented data as soon as reasonably practicable.
Complaints and Grievances
Any complaints or grievances received about our use of Personal Data, Personal Information or Sensitive Personal Data should be promptly directed to the our Data Privacy Officer.
Complaints related to Personal Data, Personal Information, Sensitive Personal Data protection and any communications regarding enforcement of your privacy rights should be directed to the Data Privacy Officer at the following contact details:
Data protection Officer for Mindtree Limited:
- Jagannath PV
- Address: Data Privacy Office
Global Village, RVCE Post, Mysore Road, Bangalore- 560059, India
Attention: Jagannath PV. (Data Protection Officer)
Phone- +91 80 6706 41
Data protection Officer for Mindtree Limited (Germany Branch) and European Representative:
Shivkumar S: Email ID Shivkumar.S@mindtree.com
United Kingdom Representative:
Chandrashekar Nair: Email ID Chandrashekar.Nair@mindtree.com
Where and only as far as permitted by applicable local laws, we may monitor the activities of individuals including visitors in our common area premises through CCTV footage. Such data shall be kept in accordance with Mindtree Retention Policy, after considering other statutory compliance requirements.
Policy Revisions and Publication
- This Policy may be revised and updated from time to time.
- The most recent version of this Policy will be available in this web page.