Your PrivaCY Matters

CONTENTS

• Collection of your Personal Information
• Prevention of Sexual Harassment

Bacancysystems.com strives to provide an interactive and personalized experience to its visitors.

We may use personally identifiable information (such as your name and e-mail address) subject to the terms of this privacy policy. We hate spam as much as you do and we will never sell, barter, or rent your e-mail address to any unauthorized third party.

Like many other Web sites, bacancysystems.com uses log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but this may result in being unable to access certain portions of the site or you may be asked to re-enter your user name and password.

Bacancysystems.com collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Bacancysystems.com may also use your personally identifiable information to inform you of other products or services available from bacancysystems.com and its affiliates. Bacancysystems.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Bacancysystems.com does not sell, rent or lease its customer lists to third parties.

Bacancysystems.com may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Bacancysystems.com, and they are required to maintain the confidentiality of your information.

Bacancysystems.com may keep track of the websites and pages our users visit within Bacancysystems.com, in order to determine what Bacancysystems.com services are the most popular.

This data is used to deliver customized content and advertising within Bacancysystems.com to customers whose behavior indicates that they are interested in a particular subject area.

Bacancysystems.com will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Bacancysystems.com or the site; (b) protect and defend the rights or property of Bacancysystems.com; and, (c) act under exigent circumstances to protect the personal safety of users of Bacancysystems.com, or the public.

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Bacancysystems.com use Google Analytics to allow us to see how people our interacting with our apps. For example, we can see that a certain recipe is really popular, or that one is rarely viewed. This allows us to improve the kind of recipes we provide. The important thing to note here that no personally identifiable information (including, but not limited to: name, email address or unique device ID) is transferred to Google. You can view Google’s privacy policy which explains how they use your data. We also give people the option of opting out of Google Analytics inside the about page of our apps.

Bacancysystems.com will occasionally update this Statement of Privacy to reflect company and customer feedback. Bacancysystems.com encourages you to periodically review this Statement to be informed of how Bacancysystems.com is protecting your information.

Bacancysystems.com will occasionally update this Statement of Privacy to reflect company and customer feedback. Bacancysystems.com encourages you to periodically review this Statement to be informed of how Bacancysystems.com is protecting your information.

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

We may provide the opportunity to sign-up for a periodic email newsletter by entering in your email address and confirming it by clicking on a confirmation link sent to you by us by e-mail (double opt-in). The legal basis for this processing is Art. 6(1)(a) GDPR.

In some cases we may ask you for further information, such as name, occupation, address or telephone number. Regarding the processing of this personal data you will be asked to grant your explicit consent. The legal basis for this processing is Art. 6(1)(a) GDPR.

If you subscribe for our periodic email newsletter your IP address as well as data and time of subscription will be collected and stored. This allows us to prevent misuse of our services or of the e-mail address of the subscriber. The legal basis for this processing is Art. 6(1)(f) GDPR.

This data is only used for the distribution of the newsletter. The subscription may be terminated by you at any time by following the unsubscribe instructions included in each newsletter. We will delete the relevant personal data promptly upon your unsubscribe instruction.

Our website offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected and used by others who read them.

On our website we use several contact forms which can be used to get in contact with us electronically. To handle your request it is necessary to provide us with a valid email address, and, in addition, we store your IP address and the time of your request to prevent any misuse of our contact forms. Alternatively, you may contact us via the e-mail addresses cited. If you use one of these channels, the personal data transmitted will be stored automatically by Bacancysystems.com as data controller to handle our contact with you. The legal basis for this processing is Art. 6(1)(f) GDPR.

In some cases we may ask you for further information, such as name, occupation, address or telephone number. Regarding the processing of this personal data you will be asked to grant your explicit consent. The legal basis for this processing is Art. 6(1)(a) GDPR.

By using our website, you hereby consent to our privacy policy and agree to its terms.

This Privacy Policy was last updated on: 21 June, 2018.

Should we update, amend or make any changes to our privacy policy, those changes will be posted here.

Our Sexual Harassment Policy (“Policy”) aims to protect men and women in our Organisation from the unfortunate sexual incidents and give them the guidelines to report incidents. Our Organisation is dedicated and committed to providing work environment that ensures that every employee in the Organisation is treated with dignity and respect and afforded the equitable treatment. We are committed to promote a work environment which is conducive to the professional growth and encourages equal opportunities for all. Hence, the Organisation shall not be tolerating any form of Sexual Harassment and therefore shall take all the necessary steps in order to ensure that its employees are not subjected to any form harassment.

This Policy is also formed under the compliance of Prevention of Sexual Harassment of Women at Workplace Act, 2013 (“POSH”).

The main purpose of this policy is to create an inclusive work environment for every employee at work place, protect their rights, and prevent sexual harassment. By understanding the policy guidelines, employers and employees can work together to promote a workplace culture of respect, equality, and inclusivity.

The three major elements on which the Policy focuses are prevention, prohibition, and redressal of sexual harassment at the workplace.

Protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on 25 June 1993 by the Government of India. The objective of the POSH policy is to ensure-

• Prevention of any unwelcome behavior, intentional or unintentional, that has sexual connotation (or of sexual nature).
• Promotion of a safe, happy, healthy and a congenial work atmosphere free from sexual harassment of any kind.
• Provision for an effective reporting and grievance redressal mechanism available for all employees without any distinction.
• Commission of any act of sexual harassment as defined in the Act and in this Policy shall result in strict disciplinary action. Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail.
• This Policy on Prevention of Sexual Harassment of any employee at Workplace (Prevention, Prohibition and Redressal) (“Policy”) has been framed in accordance with the provisions of The Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules framed there under (hereinafter referred to as “POSH Act” and “POSH Rules” respectively) in 2013, and with the intention of providing a sexual harassment free environment and addresses the prevention and redressal of sexual harassment of employees at the Workplace for all Employees of the Organization in India.

This policy is applicable to both men and women working in the Organization irrespective of their designation, type of work they are carrying out, etc. It applies to all the people working whether full time, part time, work from home, trainees, interns, hired on contractual basis, consultants, etc. but not limited to. The Organization shall not tolerate sexual harassment, if engaged in by clients or suppliers or any other business associates.

This policy addresses the prevention and redressal of sexual harassment incidents at the Workplace and is applicable to all Employees associated with the Organization's operations.

This Policy is POSH compliant and hence any female employee (who is sexually harassed) shall approach to the Internal Complaints Committee as stated in this Policy below for complaining or reporting any such event of Sexual Harassment at Workplace under POSH. Furthermore, in case any male employee gets sexually harassed shall approach to the Grievance Redressal Committee as stated below in this Policy.

Employee for the purpose of this Policy is a person employed at the Workplace, for any work on regular, temporary, ad-hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal Employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are expressed or implied and includes co worker, a contract worker, probationer, trainee, apprentice, or by any other such name.

Aggrieved Person or Complainant, in relation to a Workplace, is a person, of any age, and gender, whether an Employed or not, who alleges to have been subject to any act of sexual harassment by the Respondent.

Respondent refers to a person against whom a complaint of sexual harassment has been made by the Aggrieved/Complainant.

Employer for the purpose of the Act refers to any person or board or committee responsible for management, supervision and control of the Workplace, including formulation and administration of policies of the Organization.

Workplace for the purpose of this Policy includes the premises and offices of the Organization, its affiliates, and any place visited by Employees arising out or during employment including transportation provided by the Organization for undertaking such journey. Additionally, any individual representing the Organization in the capacity of an “Employee”, anywhere in India or outside, in existing and potential official engagements, out station travels and conferences, training and capacity building programs, including Organization engagements, Organization gatherings, and parties, will be considered engaging in external Workplaces of the Organization. Also, all official platforms of communication, including but not limited to emails, official discussions forums, official WhatsApp group/s, and official telephone conversations with internal and/or external stakeholders of the Organization will be considered as virtual Workplace for all Employees and the guidelines of this Policy will extend to them as well.

Management for the purpose of this Policy means Organization's Officer or Officers/Nominee or Nominees as may be authorized in this behalf by the Promoter/Managing Director/Director who will be responsible for implementing the recommendations of the ICC within the Organization.

Internal Complaints Committee (ICC) refers to the internal redressal committee established within the Organization to receive and inquire complaints pertaining to sexual harassment at Workplace incidents and provide its final recommendations to the Employer, i.e. management of the Organization for implementation.

Presiding officer means the presiding officer of the ICC and shall be a woman employed at a senior level at the Workplace amongst the Employees.

Witness for the purpose of this Policy refers to any individual, from within, or outside the Organization who has been mentioned in the narration of the Complainant or Respondent to be called upon as a validator on their part, or has been identified as a similar contributor by the ICC on its own.

Sexual harassment: “Sexual Harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) that would cause discomfort and/or humiliate a person at whom the behavior or conduct was directed namely:

• Deliberate Physical contact and advances
• Unnecessary or unwanted bodily contact such as groping or massaging.
• Demand or request for sexual favours.
• Unwelcome sexual attention or invitations.
• Use of abusive language or any other foul language which shows disrespect towards women.
• Sexually coloured remarks or remarks of a sexual nature about a person's clothing or body.
• Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS etc.
• Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes.
• Giving gifts or leaving objects that are sexually suggestive
• Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy.
• Persistent watching, following, contacting of a person; and any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
• Non-verbal behavior such as staring, leering, or gestures.
• Sexual Innuendos or veiled threats.
• Displaying or sharing offensive images such as posters, videos, photos, cartoons, screensavers, emails, or drawings that are derogatory or sexual.
• Any kind of unwelcoming behavior which makes the employee uncomfortable shall be considered under the definition of Sexual Harassment.

The Organization has constituted Internal Complaints Committee (“ICC”) and Grievance Redressal Committee (“GRC”) at all its offices having 10 or more than 10 employees. As per the POSH Act, the ICC shall comprise of:

Internal Complaints Committee Bacancy Systems Pvt Ltd.

Grievance Redressal Committee Bacancy Systems Pvt Ltd.

The Committee will be responsible for:

Receiving complaints of sexual harassment at the Workplace.

Initiating and conducting inquiry as per the established procedure under law.

Submitting findings and final recommendations on complaints of sexual harassment at Workplace which will be implemented by the Organization.

Maintaining strict confidentiality throughout the process as per the guidelines established under this Policy.

Ensuring absolute transparency in its activities, disclosing necessary information to the respective stakeholders when required and investigating the complaints while abiding by the principles of natural justice.

Lodging a Complain

• Any Aggrieved Individual who has experienced or has been subjected to any act of sexual harassment by an Employee shall be entitled to lodge a complaint with the respective Committee. The complaint shall be submitted in writing within a period of three (3) months from the date of incident and in case of a series of incidents, within a period of three (3) months from the date of last incident. This may be extended for a further period of three (3) months, if circumstances warrant such extension in the opinion of the Committee.
• The Committee can initiate inquiry on the complaint only if the complaint is in writing. In case a complaint may be conveyed verbally to any member of the respective Committee, the member of the committee to whom the complaint is made or any other member of the respective Committee shall render all reasonable assistance to the Aggrieved Person for making the complaint in writing.
• The complaint must contain a description of the event (s) as well as the names and contact email/phone number of Witnesses if any. Supporting documents, if available, such as letters, transcription of text messages etc., supporting the complaint of sexual harassment at Workplace against the Respondent should accompany the complaint.
• The form in which the complaint is required to be made to the Policy, and will be available with the Committee and also on appropriate electronic platform.
• In the event that a Complainant is unable to lodge a complaint because of any physical or mental incapacity or death or otherwise, his/her legal heir, co-worker or any person with knowledge of the incident may make a complaint to the Committee.

On receipt of a complaint, the respective Committee shall acknowledge the receipt of the email/written letter by the Complainant within 7 working days. The further process of inquiry to be followed will be explained to the Complainant in their first meeting with the committee.

Information about the Complainant’s identity: It is important for the Complainant to understand that even though the process is confidential, the Respondent will be informed of the Complainant and any Witnesses and persons directly involved in the complaint process will also learn of the Complainant’s identity.

If the respective Committee determines that the complaint received is of sexual harassment at Workplace and falls within the jurisdiction of the Committee, then it will proceed with the inquiry.

If the complaint does not fall within the definition of sexual harassment or within the Committee’s jurisdiction, the complaint will be referred by the ICC to the relevant Human Resources Head for appropriate action under the relevant and applicable Organization's policy.

If the ICC decides to proceed with the inquiry, the ICC will send a copy of the written complaint to the respondent who is required to file its reply to the complaint with all supporting documents and list of Witnesses (if any) within ten (10) working days of receiving the copy of the complaint.

The Internal Complaints Committee shall follow principle of Natural Justice while handling such complaints.

ICC may, before initiating an inquiry take steps to settle the matter between the Complainant and the Respondent through a process of conciliation.

However, the ICC can only proceed with conciliation if the Complainant expressly requests for the same. No monetary settlement shall form the basis of the conciliation and all conciliation activities shall be documented.

Quorum: In conducting the inquiry, it is mandatory for a minimum of 75% of the Members of the ICC, including the Presiding Officer to be present at each of the hearings.

Right to Cross examination: Both parties have the right to cross examine each other and the Witness(es) provided by the other party. In situations when the woman Complainant does not wish to participate in a cross investigation in-person, cross examination can be conducted through a questionnaire which will be provided to the respondent via the ICC.

Interim Relief for the Complainant during the pendency of the inquiry.

During the pendency of an inquiry, on a written request made by the woman Complainant, the ICC may recommend the following to the Management of the Organization:

Transfer the Complainant or the Respondent to any other location or office of the Organization

Restrain the Respondent from reporting on the work performance of the Complainant or writing his/her confidential report and assign the same to another officer.

It is important to note that the leave granted to the Complainant shall be in addition to the leave she is otherwise entitled to.

On receiving a recommendation from the ICC, the Management of the Organization shall implement the recommendations and send a report of such implementation to the ICC.

On the completion of the inquiry, the ICC shall provide a report of its findings to the Management of the Organization within a period of 10 days from the date of completion of the inquiry. A copy of the report should be given to the Complainant & Respondent.

When the Complainant’s allegations are not proved

Where the ICC concludes that the allegation against the Respondent has not been proved, it shall recommend to the Management of the Organization that no action is required to be taken in this matter.

Further, upon sharing of the final report, the ICC will ensure that both parties understand that the matter has been fully investigated and concluded to the best of the efforts of the ICC and in alignment with the law, and this Policy.

When the Complainant’s allegations are proved

If the ICC arrives at the conclusion that the allegation against the Respondent has been proved, it shall recommend in writing to the Management of the Organization to take action against the Respondent, which may include one or more among the following:

A written apology from the Respondent;

A letter of warning may be placed in the personal file of the Respondent;

Reprimand or censure

Immediate transfer or suspension without pay

Withholding of pay rise or increment(s)

Undergoing a counselling session vii. Carrying out community service

Termination from service.

When the Complainant’s allegations are proved to be false or with a malicious intent

If the ICC arrives at the conclusion that the allegations against the Respondent were false and filed with a malicious intent, or if the Complainant has produced any forged or misleading document the ICC shall conclude the current case with the findings, and in the absence/presence of the approval of the alleged Respondent, initiate fresh investigation against the Complainant in consultation with the Functional Head, HR Head and CEO against the Complainant, as it may deem necessary

While deciding malicious intent, the ICC shall note that the mere inability to substantiate a complaint need not mean malicious intent. Malicious intent must be clearly established through a separate inquiry that the ICC will conduct against the Complainant.

The action recommended should be similar to the ones proposed for the Respondent in case of substantiated complaints.

In case a Witness has given false evidence or produced any forged or misleading document during the inquiry, action may also be taken against the said Witness in accordance with the applicable policy of the Organisation.

Compensation

The ICC may also recommend payment of compensation to the Complainant by the Respondent. For the purpose of determining the sum to be paid, the ICC shall take into account.

The mental trauma, pain, suffering and emotional distress caused to the Complainant.

The loss in the career opportunity (caused to the Complainant) due to the incident(s) of sexual harassment

Medical expenses incurred by the Complainant for physical treatment or counselling

Feasibility of such payment being made in lump sum or in instalments.

The inquiry report of the ICC shall be treated as the final report and the recommendations of the ICC shall be implemented by the Organization. The Organization is provided sixty (60) days to implement the recommendations of the ICC.

• This Policy seeks to encourage all Employees to express freely, responsibly, and in an orderly way opinions and feelings about any problem or complaint of sexual harassment. Retaliation against persons who report or provide information about sexual harassment or behavior that might constitute sexual harassment is also strictly prohibited.
• Any act of retaliation, including internal interference, coercion, and restraint by an Employee, violates this Policy and will result in appropriate disciplinary actions as per applicable policy of the Organization.
• It is important for all Employees to be aware that:
• Retaliation will be treated as a misconduct under applicable policy of the Organization.
• Retaliation against those reporting sexual harassment will not be ignored under this Policy.
• Retaliation would include any hurtful employment action against an individual/s.
• Suspected or actual cases of retaliation must be reported to the Head HR.
• Dissatisfaction with the response to a complaint of retaliation should be reported to the Head HR directly.

• The ICC shall in each calendar year prepare, in such format as may be prescribed, an annual report and submit the same to the employer and the District Officer (as defined in the Act). The report shall have the following details:
• Number of complaints of Sexual harassment received in the year.
• Number of complaints disposed of during the year.
• Number of cases pending for more than 90 days.
• Number of workshops or awareness program against Sexual Harassment carried out Nature of action taken by the employer or District Officer.

The Organization Shall-

• Provide a safe working environment at the Workplace which shall include safety from the persons coming into contact at the Workplace.
• Display at any conspicuous place in the Workplace, the penal consequences of sexual harassments; and the order constituting the Internal Committee.
• Organize workshops and awareness program at regular intervals for sensitizing the Employees with the provisions of the Act and orientation program for the members of the Internal Committee in the manner as may be prescribed.
• Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry.
• Assist in securing the attendance of respondent and Witness before the Internal Committee or the Local Committee, as the case may be
• Provide assistance to the person if she/he so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force
• Cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the Aggrieved woman so desires, where the perpetrator is not an Employee, in the Workplace at which the incident of the sexual harassment took place.
• Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.
• Monitor the timely submission of reports by the Internal Committee.