Last updated on 4th May 2021
Transforming Higher Education Gate Academy Private Limited (herein referred to as “TGA”, “we”. “us” or “Our”) owns, operates and maintain the website https://www.thegateacademy.com (“Website” / “Platform”). TGA offers curated and specially designed higher education and industry-relevant diploma and certification programs online (“Programs”). In order to deliver the Programs in an efficient manner and to make available the Website, TGA collects certain information regarding the User. TGA values the trust placed by Users and therefore, we follow the highest standards to protect your Personal Information
User shall mean and include any person/persons, who visits, uses, deals with and/or transacts through the Website and includes a guest user and browser. In circumstances where the User is less than 18 years of age, consent from the legal guardian shall be required and it is advised that this policy be read in the presence of the legal guardian.
We take care and perform due diligence to ensure privacy aspects of each and every individual who interact with our Platform, by design and by default, in alignment with all applicable laws and regulations.
This Policy has been drafted in accordance with the applicable data protection laws, rules and regulations but not limited to General Data Protection Regulation, 2018 (“GDPR”), the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures And Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”), collectively referred to as “Data Protection Laws”
Some of our Platform’s functionality may be used without revealing any personal information, though for features or services related to the Programs, personal information is required. If you do not use these specific features or services on the Platform, then the only information we collect will be “Non-Personal Information” (i.e., information that cannot be used to identify you). Non-Personal Information includes information like the web pages that you have viewed. In order to access certain features and benefits on our Platform, you may need to submit “Personally Identifiable Information” (i.e., information that can be used to identify you). Personally Identifiable Information can include, but not be limited to, information such as your name, email address, contact number (cellular and landline), educational qualification(s), Aadhaar number, PAN, social security and tax identification numbers, and post-qualification or work experience among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to TGA. Inaccurate information may affect your ability to use the Platform, the information you receive when using the Platform, and our ability to contact you. For example, your email address and contact number should be kept valid because these are the primary channels through which we communicate with you.
2. INFORMATION COLLECTION
When you come to our Platform, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Platform were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs through which you connected with our Platform. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Platform. Although such information may not be considered Personally Identifiable Information, based on local laws, we may be able to determine a user’s Internet Service Provider and the geographic location of his or her point of connectivity from an IP address. We collect Non-Personally Identifiable Information from the Platform visitors to track the total of number of visitors on the Platform in aggregate form and to identify the type of Internet web browser (e.g., Internet Explorer®) and operating system (e.g., Windows®) used by them. This information allows us to continuously improve our Platform and services.
PERSONALLY IDENTIFIABLE INFORMATION
Personal Identifiable Information, you share with TGA shall have a meaning derived from the definition of ‘Personal Information’ or ‘Personal Data’ as per respective Data Protection Laws applicable to you.
The information provided by you is used only in accordance with purpose described in the Policy. We collect through our Platform, or through third-party platforms being used by us, the information that you provide to us when you sign up for information updates or Programs, participate in our public forums, avail our chat room services, send you emails, call you, participate in online or offline events, and/or receive other services on or through our Platform or through any of TGA’s or its Educational Partners’ offline activities. This information may include, among other things, your name, postal address, email address, contact number, social security or tax identification numbers, login credentials (in the case of registered users), educational qualification(s), salary information, working goals, post-qualification experience, and photographs. We collect demographic information such as your gender, socio-economic status, and other similar personal information. In the case of scholarships, refunds or referrals, we will collect your bank account information. Other than this, we do not collect any of your financial information, and all payments are processed by third-party payment gateway providers.
We collect this information in a number of ways, including when you enter it while using our Platform, interact with our customer support, or participate in our surveys, or marketing promotions.
TGA, or its Educational Partners and third-party service providers, may, for instance, collect certain information from you in conjunction with assignments, exams and other assessments related to the online course. For example, as part of a proctored exam for a course, TGA (or its third-party service providers) may collect certain Personally Identifiable Information from you in order to (a) verify or authenticate your identity or submissions made by you, such as a signature for a test or an assignment log, a photograph or a recording of you (e.g., using a webcam) or information included on a photo identification card or document, or (b) monitor your performance during an exam to confirm that you are abiding by the applicable test rules or requirements (e.g., confirming that you are not using prohibited resources). TGA may also collect information from you or about your performance or your accomplishments, such as quiz/exam scores, grades, project evaluations, teacher evaluations and other evaluations of your performance or accomplishments.
Other forms of information that we may collect from you or about you are as follows:
- Information about your interactions with customer service and maintenance interactions with us
- User-generated content you upload or post to public forums through the Platform
- Information needed in order to comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
- Recordings of calls with students or users showing interest in our programs
- Any other information you choose to directly provide to us in connection with your use of the Platform and Programs
THIRD-PARTY SERVICE PROVIDERS
We may receive your information when you access or log in to a third-party site, e.g., Facebook, WhatsApp from our Platforms or when you respond to our Ads on such third-party platforms. This may include the text and/or images of your Personally Identifiable Information available from the third-party site. Please be aware that the information we obtain from such third-party platforms is often dependent on their privacy policies and/or on your settings regarding what information you have consented to share with them.
We enter into arrangements with third parties to serve Ads on our behalf across the internet, social networking sites and blogs. They may collect or store information about your visits to our Platform and your interaction with our products and services. They may also use information about your visits to this Platform and to other websites to target advertisements for goods and services or for any other purpose. This information is collected using a pixel tag, which is an industry standard technology used by most major websites. Such third parties are not permitted by TGA to sell or share your Personally Identifiable Information as part of this process. If such third parties sell or share the Personally Identifiable Information as part of the process, TGA’s liability shall be limited to providing you with reasonable assistance in any action you may choose to take against such third parties, at your sole cost and expense.
We have third-party sales and marketing affiliates who may collect your information through one of the various channels owned by them and share this information with us, based on your interest in our Programs. For example, an affiliate may hold an event and share the details of the attendees with TGA.
INFORMATION WE RECEIVE FROM OTHER SOURCES
We may receive information about you if you use any of the other platforms we operate or the other services we provide. In this case, the data may be shared internally and combined with the data collected on the Platform. We are also working closely with third parties (including, for example, Educational Partners, scholarship providers, marketing partners, sales affiliates, subcontractors in technical/advertising networks, analytics providers, and search information providers) and may receive information about you from such sources. We may also receive your information from your employers, educational institution or scholarship providers, where your Program is partly or fully sponsored by such a third-party. The third-party sponsoring your participation in the Programs may provide us your information, subject to our agreement with them and, therefore, the third-party sponsor may be the controller with respect to such data. In cases where you have been referred under any referral scheme, we will receive your information from the referrer.
3. USE OF INFORMATION
We may use the information we collect with your consent to register you on our Platform, to provide you with information relating to our Program and/or other TGA Services, offers from time to time in connection with TGA or its subsidiary and affiliated companies, to respond to your questions or interest shown in our Programs, and to send you updates about the Programs, other TGA events, platform maintenance or new services provided by TGA, among other things, through itself or through third parties, via email, SMS, phone call or any other medium.
We use your information for managing and processing purposes, including, but not limited to, tracking attendance, progress and completion of a Program. As part of our management and processing of the Program, we will use certain Personally Identifiable Information to administer exams, projects, and other assessments for the Program. For example, as part of an exam, TGA may use certain information collected from you in order to verify your identity or to monitor your performance during the exam to confirm that you are abiding by the applicable testing rules or requirements.
We may use your Personally Identifiable Information in order to provide such services to you and for quality control purposes, and we may also archive this information and/or use it for future communications with you. For example, TGA may make available to you chat room services that allow you to communicate with TGA’s staff members or your peers in the same cohort, and we may use and share your Personally Identifiable Information to provide these services to you. In another example, TGA’s staff members may create groups on WhatsApp (or similar service providers) with other students and make you a member of such a group. These groups may be used to provide services in conjunction with the Programs, including, but not limited to, updates related to the Programs, details of potential employers, etc. Please be aware that the information disclosed on a third-party service provider’s platform will be dependent and subject to such third-party’s privacy policies and/or on your settings regarding what information you have consented to share with them. TGA and/or its associates shall have no liability in this regard whatsoever.
TGA may use certain companies that enable you to establish a membership to participate in digital wallets, payment services or rewards programs. If you elect to do so, we will disclose to such companies your information that is necessary to make their programs work and support your membership with them. We are not responsible for the privacy practices of the companies sponsoring these membership programs, and we suggest you review the individual privacy policies of each company with whom you establish such memberships. Billing information may be archived by us or our providers. We may archive Personally Identifiable Information other than billing information and/or use it for future communications with you.
TGA may use and share your information to improve its services and offerings. For example, we, through our service providers (like auditors or surveyors), may approach you to understand the impact of our Programs on your careers. For this purpose, we may connect with you via a phone call, email you questionnaires, or request you to attend workshops.
To the extent any Personally Identifiable Information collected by us contains images of you, you grant TGA a limited, non-exclusive right to use, reproduce, distribute, or prepare derivative works of or publicly display such images and/or your likeness in relation to the Program or for marketing purposes. We may use your photograph along with employer information, testimonials, transition information, designation change, etc., for Ads/and or social media posts to highlight our learners’ achievements.
We use Non-Personal Information in aggregate form to build higher-quality, more useful services by performing statistical analysis of the collective characteristics and behaviour of our Users and by measuring demographics and interests regarding specific areas of our Platform.
If the processing of your Personal Identifiable Information is subject to the EU General Data Protection Regulations, we use your Personal Identifiable Information where the processing is in our legitimate interests.
4. SHARING YOUR INFORMATION
In addition to the examples provided above, we will share your information in the following manner:
We may share the information that we collect from you with the particular Educational Partner (e.g., a university or a company) that developed or offered the Program you are taking; the instructor(s) who taught, managed or otherwise oversaw the Program; external graders who will be assessing your performance; or mentors who will be supporting students. For example, if you are taking a Program through a university, we may share Personally Identifiable Information about you and your performance with the university to report on your progress in the Program and to enable them to issue a certificate to you on completion of the Program. Information shared with our Educational Partners will be subject to the privacy policies and procedures of such partners. Also, we may archive this information and/or use it for future communications with you.
Employers, Sponsors and Scholarship Providers
If you are taking a Program that is sponsored or paid for by your employer or a sponsor, or if you have availed a scholarship from a third-party scholarship provider, we may share your Personally Identifiable Information and grades, evaluations or progress in the Program with your employer/sponsor/scholarship provider. This information may be shared at any time during the Program or afterwards.
We provide access to or share your information with operations and maintenance contractors and other third parties who perform services on our behalf strictly on confidential terms. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, test proctoring, couriers, mentoring, recruitment consulting, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, credit facilities, payment processing and legal services. Moreover, in certain circumstances, we may share certain Personally Identifiable Information and materials with third parties including, but not limited to, service providers such as Facebook or WhatsApp in order to provide you services that you have requested or services that TGA provides in conjunction with the Programs. Also, we use certain third-party platforms to collect your information (such as Typeform or Google Forms), as a consequence of which, your information may be stored on their servers.
If you have opted for any of our recruitment services or if you participate in any of our recruitment activities, we will be sharing your information with recruiters and potential employers. For example, if you participate in a recruitment drive jointly organised by TGA and a recruitment agency, we will share your information with the recruitment agency and with potential employers who wish to consider you for employment. In this case, such a recruitment agency or an employer may directly contact you to schedule interviews, etc. Please note that any information you share with the recruitment agency or employer will be governed by their terms and policies.
TGA offers public sharing features as part of its career services, which, among other features, makes your careers profile as well as your details and information public, including your progress in the Program to others outside of TGA. By electing to participate in any of these services, you acknowledge that any information or materials you include in your profile can be viewed by other persons accessing the Platform, including potential or existing employers, recruiters, peers, as well as others on the applicable third-party websites. You also acknowledge that the information shared may remain accessible on third-party websites and/or to those you have shared the information with, in the event you make your profile private after having made it public and/or ceasing to share your information. You also acknowledge that TGA has no control over the access of or use of information provided to third parties via this mode outside its website.
Alumni Portal and Networking Services
We may collaborate with certain third-party service providers to arrange and provide networking activities to previous, current or potential students of TGA. For this purpose, TGA may share certain basic information such as your name, email address and cohort details with such third-party service providers in order to enable them to invite you to connect. Should you agree to sign up to their services, please note that any information you provide will be governed by their policies. In certain cases, in order to facilitate communication between students, we may share your information with other students on chat forums such as WhatsApp and Facebook.
Government and Regulatory Disclosure
TGA may share your Information with various government authorities in response to court orders or other legal processes to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us. We may also share your information when we believe it is appropriate to investigate, prevent or take appropriate action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of TGA, the Platform, our users, customers, or others; and in connection with our Terms and other agreements.
Associates and Business Transfers
TGA may share your Personally Identifiable Information with any Associate. The term “Associate” includes, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such a term is defined in the Companies Act, 1956, and Companies Act, 2013, to the extent applicable) of such a person.
TGA may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganisation of all or substantially all of the equity, business or assets of TGA to which your Personally Identifiable Information relates.
TGA may share information that can be used to directly contact you with third-party business partners, such as companies that may be offering products or services or other opportunities that may be of interest to you.
5. PUBLIC DISCLOSURE OF INFORMATION
Any Personally Identifiable Information that is voluntarily displayed by you on the Platform may be used by third parties for unsolicited purposes. Please note that TGA shall not be liable for such unsolicited use by third parties of your Personally Identifiable Information that has been voluntarily displayed by you.
6. AGGREGATED DATA
"Aggregated Data" means records that have been stripped of Personally Identifying Information and that have been manipulated or combined to provide generalised, anonymous information. Your identity and personal information are not available in Aggregated Data. We may combine your personal information on an anonymous basis with other information to generate Aggregated Data for internal and commercial use, and for sharing with affiliates, subsidiaries and business partners for planning and marketing purposes.
7. PROTECTION OF INFORMATION
CONFIDENTIALITY AND SECURITY
TGA takes all reasonable precautions to protect your Personally Identifiable Information both online and offline, in order to avoid any unauthorised access or breach.
NOTIFICATION OF CHANGES
YOUR EMAIL ADDRESS AND MOBILE NUMBER
We may store the email addresses/mobile numbers of those who communicate with us via email/mobile or who have shown interest in our Programs and add them to our mailing/SMS/call list when you sign up to receive special promotions and updates.
If you are a registered user and wish to change your preferences, or if you prefer to opt out of regular mail/SMS/calls, you may mail us at firstname.lastname@example.org to notify us of your request.
Once you have submitted your opt-out request, you may assume that it has been successfully received and is being processed. Please allow us 30 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request. Getting unsubscribed from the communication services doesn’t necessarily mean that the information being collected will be deleted.
If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you the services that can be offered on our Platform.
Our Platform may contain links to other sites. The linked sites are not under the control of TGA. Please be aware that TGA is not responsible for the privacy practices of such other sites. TGA advises you to read the privacy policies of each and every website that collects your information, including Personally Identifiable Information. If you decide to access any of the third-party sites linked to the Platform, you do so entirely at your own risk. Any links to any partner of the Platform should be the responsibility of the linking party, and TGA shall not be responsible for notifying you of any change in the name or location of any information on the Platform.
RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION
We keep your Personally Identifiable Information as long as necessary for providing you the Services and as per the data protection laws, rules or regulations applicable to you. The length of time we retain Personally Identifiable Information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.
8. DATA STORAGE, TRANSFER & PROCESSING GLOBALLY
TGA and its Indian service providers store information about you on servers located in India, whereas our international service providers may store your information on servers located in other countries. By using our services, you consent to the storage of your information within India or such other countries. If you are using the services from outside India, please know the information you submit will be transferred to and stored in our servers in India or such other countries. The data protection and other laws of India and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our services, you acknowledge the transfer, storage and processing of your information in and to India.
As described above, TGA also may subcontract the processing of your data to, or otherwise share your data with affiliated companies, service providers or any third party entity in countries other than your country of residence, including India, in accordance with the applicable law. Such third parties may be engaged in, among other things, the provision of services to you, the processing of transactions and/or the provision of support services. By consenting to this Policy, you also provide consent to TGA to transfer your information to TGA affiliated companies, service providers or any third party entity in locations around the world. Wherever your information is transferred, stored or processed by us or our affiliates or service providers, we will take reasonable steps to safeguard the privacy of your Personal Identifiable Information.
With respect to subjects of the European Union, if we provide any information about you to any such Non-European Union entities, we will take appropriate measures to ensure that such companies comply with the applicable data protection laws.. Should you require any further information on the processes followed, please connect with the Grievance Officer (details mentioned below).
9. CHILDREN’S AND MINORS’ PRIVACY
TGA strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools can also prevent minors from disclosing their name, address and other Personally Identifiable Information online without parental permission. Although the Platform is not intended for use by minors, TGA respects the privacy of minors who may inadvertently use the Platform and shall delete their information upon intimation.
10. COOKIES AND WEB BEACONS
Cookies are small pieces of information saved by your browser onto your device’s hard drive. Cookies are used to record various aspects of your visit and to assist TGA to provide you with uninterrupted service. Web beacons are small graphic files linked to our servers that allow us to track your use of our Platform and related functionalities.
We may allow third-party companies, including advertising companies (such as Facebook, Google, Twitter, Quora and Bing) to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display Ads and record your activities, so they can show Ads that they consider relevant to you as you browse the Internet. These cookies store information about the content you are browsing, together with an identifier linked to your device or IP address.
These cookies also allow us and third parties to know whether you've seen an Ad or a type of Ad, and how long it has been since you've last seen it. This information is used for frequency capping purposes, to help tailor the Ads you see and to measure their effectiveness.
You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, many functions and conveniences of this Platform may not work properly.
11. DATA PROTECTION OFFICER and GRIEVANCE OFFICER
- RIGHTS OF USERS
You may access your rights under the purview of applicable Data Protection Laws by writing an email at email@example.com. The primary rights of the Users with respect to data protection are:
- The right to access: Users shall have the right to confirm whether or not TGA is allowed to process their personal data. Additionally, all Users shall have the right to access the Personal Information shared with TGA including certain other information like the details relating to the purpose of processing information which we shall provide them with upon their demand.
- The right to rectification: Users shall have a right to correct any inaccurate Personal Information about themselves and further complete any incomplete information related to them is available with TGA.
- The right to erasure: Users shall at all times have right to erase any Personal Information concerning them. In such a case, the User is required to request TGA to delete the Personal Information relating to such User by writing to TGA at firstname.lastname@example.org.
- Right to restrict processing: Users shall have the right to restrict TGA from processing their Personal Information entirely or for any specific purpose as detailed under this Policy. However, TGA shall continue to have the right to process such Personal Information if the same is required as per applicable laws or to defend any legal claims against TGA.
- Right to object Processing: Users shall have the right to object to our processing of their personal data for one or more purposes. Any such formal objection from User will be recorded, analysed and necessary actions will be carried out within reasonable time limits.
- Right to withdraw consent: The personal information processed by TGA is conditional upon the requisite consent being provided by You to process such personal information. You have the right to withdraw such consent at any time should you wish to decide against permitting TGA to process your Personal Information.
- Access to Information: Users have right or they are able to upon request to have confirmation whether or not personal information concerning them is being processed, and where that is the case users have access to personal information, they can have a piece of copy of their personal information and how it is processed.
You may update or modify your contact information and user preferences by emailing us at email@example.com
13. SECURITY STATEMENT
TGA has put in place various physical, electronic and managerial procedures to try to safeguard and secure the information we collect. For example, we provide strong encryptions to store certain information and have stringent managerial checks and password change policies in place. The information we collect is stored with third-party data centres that have a holistic security model with seven levels of security. Please note that TGA shall not be liable for any misuse or loss of information carried out by such third-party data centres. Furthermore, we also rely on your cell phones’ strong security model to ensure that there is no information or security leak, unless intentionally processed for authentication.
However, please note that while we implement many security measures on this site, 100% security cannot be guaranteed.
14. ADDRESS FOR PRIVACY QUESTIONS
Should you have questions about this policy or TGA’s process for information collection, use and disclosure practices, feel free to contact us at firstname.lastname@example.org. We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of your information. Except where required by law, TGA cannot ensure a response to questions or comments regarding topics unrelated to this policy or TGA’s privacy practices.
- GOVERNING LAW
17. MISCELLANEOUS PROVISIONS