Introduction

These terms of use (“Terms”) is an agreement (the “Agreement”) between You (“You” or “Your” or “User”) and Tata Consultancy Services Limited (“TCS” or “we” or “us”) and govern Your access/use of TCS CUBO website www.tcscubo.comOpen in new window (the “Site”) and its content including online Application Programming Interface (“API”) services (“Services” or “API Services”). By using our Site and the Services, You agree to be bound by the Terms of this Agreement.

If You are registering and/or accessing or using the Site and/or the API Services on behalf of an organization/entity, You represent, You are agreeing to these terms and conditions on behalf of Your organization/entity, and You represent and warrant that You have legal authority to bind Your organization/entity to the terms of this Agreement. In that case, "You", "Your" or “User” also refers to that organization/entity.

If You do not agree with any of these Terms, You must not use or access the Site or the API Services in any way, or register as a User or check and/or click “I Agree” or any similar box or button associated with this Agreement.

You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. This document is an electronic record as per the provisions of the Information Technology Act, 2000 and rules there under. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 for Your access or usage of Site and the Services to the extent third party API’s are provided on the Site.

This Site and the information, tools, and material contained in it and any services provided through it are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject Tata Consultancy Services Limited or its affiliates (collectively “TCS”) to any registration or licensing requirement within such jurisdiction.

Services Description

The Site is an online platform for providing API Services to Users who may: (a) use one or more API package(s), including but not limited to classes, methods, declaring codes and implementing codes or any other feature of the APIs to build certain functions into their own programs by accessing the desired APIs in a sandbox environment only; or (b) request TCS to publish/share/upload/submit their own API packages and sandbox environment to publish the same on the Site, in the format and manner prescribed by TCS (hereinafter referred to as “User Content” or “Your Content”) for use by others, as per the Terms of this Agreement.

The Site also provides You with opportunity to partner with other existing Users and avail the Services as per Your business needs and as per the Terms of this Agreement.

This Site is only a platform that can be utilized by Users who are engaged in the business of software development /testing/programming/analysis/etc. and we are merely acting as an intermediary. TCS attempts to be as accurate as possible, however, TCS does not warrant that descriptions of or other content (including User Content) of this Site is accurate, complete, reliable, current, or error-free.

The Site requires You to request TCS to publish/share/upload/submit Your Content and TCS may in its sole discretion publish/share/upload Your Content on the Site., Your request or submission to publish/share/upload/submit Your Content or this Site does not provide any confidentiality to Your Content and is made available to other Users of the Site. TCS reserves the right in its sole discretion (but without any obligation) and without further notice to You, to monitor, censor, edit, delete, and/or remove any and all User Content or Your Content posted on the Site at any time and for any reason.

TCS may publish/share/upload/submit APIs of its own software assets on the Site, then role/function of TCS as an intermediary will not be applicable, however terms and conditions of this Agreement which apply to use of API Services, shall continue to apply to use of such API’s owned and published by TCS.

TCS shall use reasonable efforts to make available the Services to You except for any interruption in the Services due to causes beyond the control of TCS.

TCS may, in its sole discretion, suspend or restrict access to all or any portion of the Site and/or the Services to (i) prevent damages to, or degradation of, the Site and/or Services; (ii) comply with any law, regulation, court order, or other governmental request; (iii) otherwise protect TCS from potential legal liability; or (iv) address a breach of this Agreement (v) repair, maintain, or the introduce new facilities or at any time. TCS shall use reasonable efforts to provide You with notice prior to or promptly following any suspension of the Site and/or Services or any portion of it. TCS will endeavor to restore access to the Site and/or Services as soon as the event giving rise to suspension has been resolved.

Use Terms

In general, You can visit the Site without telling us who you are or revealing any information about Yourself, however, if You intend to avail any Services, You will have to register Yourself by creating a TCS CUBO account (“Account”) and providing your personal information which will be governed by our Privacy Policy (https://www.tcscubo.com/cubo/legalinformation#privacy_policy). You agree and consent to use of Your personal information by TCS for the purpose of creating an Account in Your name, authenticating You or otherwise contacting You and identifying You as a User and rendering Services to You. Personal information You provide shall not be retained for longer than it is required for the purposes for which the information may lawfully be used or is otherwise required under any law for the time being in force. You agree to create an Account only for your access/use of the API Services. When You create Your Account, You must provide us with accurate and complete information, and You agree to update your information from time to time to keep it accurate and complete. You will be solely responsible for all activities that occur in Your Account. You agree to keep Your Account secure and in case of any breach of Your Account security or unauthorized access/use, You will immediately notify to TCS by sending an e-mail communication at cubo.support@tcs.com. On receipt of such notification, Your Account will be suspended/deactivated by TCS until You send a request for re-activation of Your Account.

In case You wish to delete Your Account You agree to send an email communication to TCS at cubo.support@tcs.com, accordingly, TCS will delete Your Account. However, Your Content (if any) shall not be removed from display on and access from the Site unless You send a request to TCS at the above mentioned email address for such removal and it is reasonably possible for TCS to remove all Your Content e.g. Your Content under Interactive Services as defined hereunder may not be removed.

In case You wish to remove or modify any of Your Content without deleting Your Account, then You agree to send a request to TCS at the above mentioned email address for such removal or modification. Accordingly, TCS will remove or modify from display Your Content from the Site. TCS may not entertain more than 10 requests to remove or modify Your Content in a calendar year. Any further such requests may be chargeable.

By requesting TCS to submit/share/upload/publish Your Content on the Site, You hereby grant TCS a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, translate, adapt, modify, prepare derivative works, display, publish and perform the Your Content in connection with the Site. You also hereby grant each User of the Site worldwide, non-exclusive and royalty-free right to use, reproduce, translate, adapt, modify, distribute, prepare derivative works of, display and perform Your Content in the sandbox environment on the Site, to build certain functions into their own programs all in accordance with the terms of this Agreement. You specifically agree that TCS shall not be responsible or liable for any unauthorized access to or alteration or misuse or infringement of Your Content published on the Site and/or in the use of the Services.

In consideration of Your acceptance of the Terms of this Agreement, TCS grants You a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable rights to access and use the Site and its Services.

In order to use the API Services, You may be required to install service applications/browser extensions/IDEs provided by TCS or any third party. Once on-boarded on this Site, You may use the API Services. If the use of any API directs you to API provider’s website, then use of such APIs shall be governed by the terms and conditions of the provider of the APIs. Your right to use API Services is limited to five hundred (500) API calls per day (24 hours).

Fees

Presently the use of Site and/or the Services is at no cost to You, however, TCS may in future charge fees for the Services as may be set out in the Site from time to time. In the latter case, TCS reserves the right to suspend access to the Services in the event of the non-payment of a valid and due invoice. Fees due under this Agreement shall be exclusive, of applicable taxes.

Your Representations and Warranties

You make the following representations and warranties:

You have good and sufficient title in the Your Content and in every part thereof to enable You to enter into this Agreement and grant the rights and licenses as provided herein to TCS and other Users;

All rights in or to the Your Content or any other material or information furnished or provided by You in the performance of this Agreement are proprietary to You or used under appropriate license with appropriate authority;

You have obtained prior written permission/license from co-developer or co-owner or co-author of any of Your Content which is jointly developed by You and any third party;

You have obtained any and all third party licenses and consents (including the right to sub-license the same to TCS and other Users of this Site and the Services) necessary to enable TCS and other Users to use third party software comprised within Your Content without additional licenses or permission to be taken by TCS or other Users of the Site and/or the Services from any such third party;

Any material or information furnished or provided by You will not infringe or misappropriate the patent, copyright, trademark, trade secret or other intellectual property rights or proprietary rights of any third party;

You shall not use or permit to be used the Site and the API Services provided for any illegal or unlawful purpose;

The execution, delivery and performance of this Agreement of access/use by You does not and will not conflict with, or constitute a breach or default under any agreement, contract, commitment or instrument to which You are a party;

Your Content has been produced and distributed with strict procedures and best industry practices to protect them against viruses, malware, Trojans or other malicious code (“Virus”). If TCS identifies that a virus exists in Your Content, TCS may notify You and upon such notification You shall remove the virus from the Your Content. You further warrants that You shall not introduce any malicious code or bugs or worms or Trojan horse or malware or such other code or disabling code into Your Content, the Site and/or the API Services or into the network or system of TCS or its affiliates. Your understand that TCS will not be able to provide any services for such Virus infected Your Content;

There is no action or proceeding pending or, in so far as it is known or ought to known, threatened in writing against You before any court, administrative agency or other tribunal that could impact upon Your right, power and authority to enter into this Agreement, to grant the rights and licenses granted by You to TCS and other Users of this Site and/or the Services, or to otherwise carry out Your obligations hereunder; or might have a material adverse effect on Your business or condition, financial or otherwise that would materially impact Your ability to perform under this Agreement.

Your Obligation

In particular, and without limitation, You represents, warrants and covenants that You shall NOT and shall not permit others, directly or indirectly, to host, display, upload, modify, publish, transmit, update or share any information that —

1. is grossly harmful, harms minors in any way harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
2. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
3. impersonate another person;
4. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation

Also, You shall NOT and shall not permit others to:

1. reverse engineer, disassemble, de-compile, tamper, recreate, the Site, its content and the Services or any part thereof unless expressly permitted;
2. remove, alter, obscure or otherwise render illegible any of TCS, its affiliates, their respective licensors or other User’s logo, trademark, copyright notice or other proprietary or confidentiality markings that may be placed on the User Content or any component or output thereof;
3. override access authorization and access controls for Your access and Use of the Site, its content and/or the Services as may be prescribed by TCS or circumvent, bypass, delete or remove any form of protection, or usage, functionality or technical restrictions or limitations, or to enable functionality disabled by TCS or its third party service providers, in connection with the Services;
4. use the access rights granted herein to gain or attempt to gain unauthorized access to other computer systems accessible via the internet, any portion of the Site or Services for which You have not been expressly authorized to use pursuant to this Agreement, or Customer Content or computer systems belonging to others which is also hosted by TCS;
5. interfere with or disrupt the integrity or performance of the Site or any Services or data, device, account, network or services environment;
6. perform or disclose any security testing, including without limitation, penetration testing, remote access testing, network discovery, vulnerability scanning, password cracking, etc., of the Site or the Services without TCS’ prior written consent;
7. use any public software or open source software in connection with the Services in any manner that requires, pursuant to the license applicable to such public or open source software, that the software be disclosed or distributed in source code form, or made available free of charge to recipients, or modifiable without any restriction by recipients;
8. issue any press release or make any other public communication with respect to this Agreement or Your use of the Services without TCS’ prior written consent.
9. use the sandbox or API Services in the production environment

You agree to assist TCS in relation to any investigation and remedy of any claim, allegation, action, suit, proceeding or litigation with respect to alleged unauthorized access and use of the Site and its services / content.

Intellectual Property Rights

TCS is the sole and exclusive owner of the Site. All contents included on this Site, such as text, graphics, logos, button icons, images, data compilations, software including all compilations are the intellectual property of TCS or its affiliates or their respective licensors and are protected by national and international copyright laws or other intellectual property laws. TCS only authorizes non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use Site and the Services only for personal, non-commercial use in accordance with the Terms of this Agreement.

TATA Consultancy Services, the TCS logo, TCS, TCS Marketplace, TCS CUBO, other marks of TCS and domain name indicated on our Site are trademarks of TCS and its affiliates.

You acknowledge and agree that all the content listed on the Site may be protected under the copyright laws and accordingly, You shall be responsible for procuring appropriate licenses from third party and complying with the applicable terms and conditions of those third parties for using their User Content which are not licensed to You for use hereunder.

Your Content may include Your logo/ mark/ device/ brand/ heading/ label/ ticket/ name/ signature/ word/ letter/ numeral/etc. (“Brands”) which may be protected under the trademark and copyright laws and TCS claims no ownership over such Brands. You hereby grant to TCS worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute and display the Brands in the Site.

At no time, TCS claims any kind of ownership including any right, title or interest on the Your Content except for the rights and licenses granted to TCS hereunder.

Interactive Services/Features

The Site may provide certain features enabling You to give Your input, feedback, queries and/or share and/or connect to TCS CUBO team or other users of the Site, including but not limited to by way of chat rooms, chatbots, message board facilities, news/events, trivia, polls, upload videos, milestones, quiz, video gallery and/or other similar features, etc. (“Interactive Services”). TCS shall have the right, but not any obligation, to monitor Your use of the Interactive Services, and moderate, edit, delete, remove, un-publish, publish, refuse to post/publish or use any of Your Content provided through such Interactive Services, such as communication, views, opinion, comments, ideas, documents, contents, submissions, articles, data (including personally identifiable data), text, images, posts, analysis, statistics, information, videos or photographs, etc. expressed/input/uploaded by You on or using the Site, without any further permissions or approval from You, and covenant that this will not violate your privacy rights. You agree that no remuneration or other consideration will be paid with respect to Your Content or participation in any activity on or through the Site and/or its Services. Further, You agree and acknowledged that as a user of the Site, You may be visible to other users of the Site with whom You may connect or who may connect with You using Interactive Services. Please be careful about what information, including personal information, You disclose in this way.

Such Interactive Services are provided on ‘AS IS’ and ‘AS AVAILABLE’ basis. TCS expressly excludes its liability for any and all loss or damage or injury arising from the use of any Interactive Service by You or any other person in contravention of these Terms, whether the service is moderated or not.

Third Party Content and Websites

Through the use of the Site, You may access any third party content (including API’s) or content services from a third party or services provided or made available by or through a third party website, the accuracy or completeness of the materials or the reliability of the website or any advice, opinion, statement, reports, analysis, statistics or other information (collectively the “TP Content”) displayed or distributed or sold through it or otherwise made available or based on the TP Content or website, is not warranted by TCS. TCS is providing the TP Content, or link to the third party websites, if any, only for informational purpose only as an additional resource for convenience and does not provide an endorsement, sponsorship or recommendation to such TP Content, products, services or third party websites. You acknowledge and agree that the access to TP Content or such websites is governed by the terms and conditions of such third party and You undertake to abide by the same. In case any TP Content causes infringement issues, violation of copyright or anything objectionable You may accordingly coordinate with the respective content originator for the same.

You acknowledge that reliance on any TP Content, product or services made available through the use of the Site, suitability for any contemplated use, manner of use and whether any intellectual property rights are infringed shall be at Your own discretion, evaluation, risk and consequences. In particular, TCS does not accept any liability arising out of, or in relation to, any TP Content or website, including without limitation, any allegation relating to TP Content accessed or purchased through the third party website, or that any TP Content infringes the intellectual property rights of any person. The aggrieved person should approach the respective source/entity if they wish to avail any legal remedy under the law. TCS should not be made party to such claims/litigation filed by the aggrieved person. TCS shall not be liable and takes no responsibility for non-compliance by the third party to take remedial actions as requested by You.

Privacy

In order to render you the Services, we may collect or obtain your personal information and use of such personal information shall be governed in accordance with our privacy policy which is available at https://www.tcscubo.com/cubo/legalinformation#privacy_policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

Grievance Officer

In accordance with the Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who will redress your complaints pertaining to violation of rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011:

Name: G Suresh Kumar
Grievance Officer- TCS CUBO,
TATA Consultancy Services Limited.
e-mail: cubo.support@tcs.com
contact: +912266224507
timings: 09:30 to 17:30

You may send Grievance Officer a notice through email with the information mentioning the disputed matter/issue in detail supported with the following documents/information:

• Document explaining the complained or disputed matter/issue or grievance in detail.
• Ownership/licensee documents, where applicable.
• Specific location, screenshot or URL of the App or Service where the complained or disputed matter/issue is located.
• Your complete mailing address with pincode/zip code, telephone number, and email address.
• Declaration stating that the disputed use is/was not authorized by the owner, its agent, or by the law, in case of violation of intellectual property rights.
• Letter stating that the claim made by You is under penalty of perjury, that the above information in your notice is accurate and have acted in lawful manner with respect to the complained matter or disputed issue; and as an owner or authorized to act on the owner’s behalf in case of violation of intellectual property rights.

Upon receiving of the notice/complaint in the format as requested above, TCS shall evaluate the details, facts and evidences to take further action if required which is appropriate in its sole discretion. You covenant to provide any further information or documents which TCS may reasonably request in order to redress your complaint. If the disputed issue/matter is other than the Terms of this Agreement, then TCS shall not be liable and takes no responsibility for any action or non-compliance to take remedial actions.

For Take-Down Notices relating to Storage of Transient or Incidental Copies of Work under Indian Copyright Act and Rules:

Under the Indian Copyright Rules, 2013 (Rule 75), TCS will accept the notice in writing under section 52(1)(c) in the format as prescribed in Rule 75 sub rule 2. On receipt of the written complaint, TCS if satisfied with the details provided in the complaint shall take measures to refrain from facilitating access for a period of 21 (twenty one) days or till TCS receives an order from the competent court refraining the access, whichever is earlier. In the event no such order is received before the expiry of twenty-one days, TCS may restore access to such content or matter.

You agree to indemnify TCS for all claims brought by a third party against TCS arising out of or in connection with the submission of the notice/complaint.

Disclaimer

THE SITE AND THE INFORMATION, MATERIALS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR ERRORS. THE SITE AND THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TCS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE SITE AND ITS SERVICES / CONTENT WILL MEET YOUR REQUIREMENT, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TCS FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

No Liability

IN NO EVENT, TCS AND/OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS (“RELATED PARTIES”) SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER FOR ANY USE OF THE SITE AND/OR THE SERVICES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TCS OR ITS RELATED PARTIES IS/ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless TCS and its Related Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) Your use of the Site or your use or attempted use of the Services in violation of these Terms; (b) Your violation of any law; (c) Your violation of your obligations or representations and warranties; and (d) Your violation of rights of any third party including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Term and Termination

Denial Of Access And Termination Of Usage Rights

In case of non-compliance with the Terms of this Agreement or any rules and regulations for access or usage of the Site or the Services, TCS shall have the right to immediately terminate the Your access or usage rights and may remove any noncompliant information.

These Terms are effective until terminated by TCS or You. TCS, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). TCS shall not be liable to You or any third party for suspension or termination of the Site, the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site and/or the Services in any way, your only recourse is to immediately discontinue use of the Site and the Services. These Terms stand automatically terminated in case the Site or a Service stops functioning permanently or TCS decides to bring down the Site or a Service for any reason whatsoever or TCS decides to discontinue rendering Services or TCS ceases to exist under the provisions of the Companies Act or due to operation of law TCS is not allowed to render any Services under the Agreement or for any other unforeseeable and/or unavoidable circumstances. Upon termination of these Terms, you shall cease all use of the Site. Termination of this Agreement will not affect or prejudice any rights of TCS, accruing up to and including, the date of termination, under those provisions of this Agreement which, by their nature, survive termination.

Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India.

All disputes or differences whatsoever arising out of or in relation to the construction, meaning and operation or effect of these Terms or breach thereof, shall be subject matter of arbitration under the Arbitration and Conciliation Act 1996 and any subsequent amendments related thereto, unless settled amicably between You and TCS, be referred to arbitration and such arbitration shall be conducted in accordance with the rules of arbitration of the Bombay Chamber of Commerce and Industry ("BCCI"), which rules, as modified from time to time, are deemed to be incorporated by reference into this clause (the “Arbitration Rules”) by an arbitration panel comprising of a sole arbitrator.

The arbitration panel as referred to above shall be appointed by the BCCI. The arbitration panel shall deliver the award in the arbitration proceedings within three (3) months from reference of any dispute to arbitration. The venue of arbitration shall be Mumbai, India and the award passed by the arbitration panel shall be final and binding upon You and TCS.

General

These terms and conditions form a legally binding agreement between You and TCS and are the entire agreement between You and TCS regarding access and use of the Site and the Services and supersede any prior or contemporaneous, conflicting or additional understandings or agreements or communications (written or oral). Failure to exercise or delay in exercising any right or remedy under these Terms or law by TCS will not constitute a waiver of rights or remedy nor shall it prevent exercising that right or remedy in whole or in part in future. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not affect the other provisions of this Agreement and the unenforceable or invalid provision shall be construed to be amended in order to avoid such unenforceability or invalidity while preserving as closely as possible the intent of the parties. This Agreement shall not be construed as a teaming agreement, joint venture, partnership or other business relationship. This Agreement may be assigned by TCS without restriction or notification to You.

Introduction

Your privacy is important to us. We believe it is important for you to know what personal data we, Tata Consultancy Services (“TCS” or “we”), collect from you (and third parties), why we collect it, how we use it and what rights you might be entitled to as a data subject or consumer.

For residents (data subjects) of the European Union, when we collect and use personal data (information) about you, we may be subject to the General Data Protection Regulation (‘GDPR’) of the European Union and be responsible as a ‘data controller’ for such personal data.

For residents (consumers) of the United States, when we collect and use personal information about you, we may be subject to the California Consumer Protection Act (CCPA) and be responsible as a ‘business’ or ‘service provider’ for such personal data.

Please note: all information in this privacy notice is applicable to you unless otherwise indicated based on your residency status. If you are a resident of the European Union, references to GDPR will be applicable to you. If you are a resident of the Unites States, references to the CCPA will be applicable to you.

We are required under data protection legislation to notify you of the information contained in this privacy notice. It is important that you read this notice, together with any additional and more specific information we may provide you on various occasions when we are collecting or processing personal data on certain specific websites, products or applications, events and initiatives so that you are aware of how and the purpose for which we are using such information. (We issue a different privacy statement which applies where there is an employment relationship between TCS and its employees.)

How we will use your personal information

We may collect different kinds of personal information in a number of different ways and use it for a number of different purposes:

To ensure access to our website and online services.

In general, you can visit TCS on the World Wide Web without telling us who you are. Our web servers or Affiliates who provide analytics and performance enhancement services may collect:

• IP addresses,
• operating system details,
• browsing details,
• device and connectivity details, and/or
• language settings.

This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. TCS uses this information to measure the site usage, improve content and to ensure safety and security as well as enhance performance and user experience of the website. In few situations, you are required to register to access a reserved area of the website: in these cases, we will also collect your username and the password.

We may also obtain data from third parties including:

• Social networks, when you grant permission to us to access your data on one or more networks through our website.
• Service providers that help us determine a location based on your IP address in order to customize offerings and content to your location.
• Partners with which we offer co-branded services or engage in joint marketing activities.

TCS uses cookies (small text files placed on your device) and similar technologies to facilitate proper functioning of our websites and to help collect data: please read here our full cookie policy. Please note that our websites may include links to websites of third parties whose privacy practices differ from those of TCS; if you provide personal data to any of those websites, your data is governed by their privacy statements.

Under the GDPR, the lawful basis for this processing is our legitimate interest in enabling and improving our website and online services, or consent, where requested and obtained.

To answer your queries, support and contact requests.

If you contact us with queries, requests for more information about initiatives or products or other generic support inquiries, we will need to collect information about you such as:

• personal and contact details, like full name, company and role, email address,
• demographic data,
• qualifications and profession, and/or
• the content of your messages to us.

For information about managing your contact data, email subscriptions and promotional communications, please use the form at the bottom of this page or contact our Data Protection Officers or Chief Privacy Officer (see contact details below).

Under the GDPR the lawful basis for this processing may be for the performance of a contract with you or to take steps at your request before entering into a contract with you, or for our legitimate interests in behaving as a responsible organization in dealing with these matters, or consent, where requested and obtained.

Subscriptions to our promotional communications.

If you sign up to receive promotional communications from TCS, we may send these by email, SMS/text messages, post, telephone or any other means of communication. For information about managing your contact data, you may reach out to the contact details provided in the event privacy notice, in the emails you receive, use the form at the bottom of this page or contact our Data Protection Officers or Chief Privacy Officer (see contact details below).

Under the GDPR the lawful basis for this processing is the consent, where requested and obtained.

To administer events and activities.

TCS frequently organizes events and initiatives, either free to join or by invitation only; in these cases, this privacy statement applies to both participants and speakers, together with any other supplementary information that is provided in relation with each event. To allow participants to join the events (including communications pre and post event), we are required to collect and process a limited amount of information, such as:

• full name,
• company, job title and business email address,
• telephone number,
• location, and/or
• pictures and video of you.

Where a hospitality service is provided, we may also collect, store and process “special categories” of more sensitive personal data, such as information regarding any dietary requirements or personal disabilities. This will be done only and to the extent permitted by the law. Events might be recorded hence pictures and video of you may be collected too; in such case, you will be informed via a specific notice at the location of recording. This material can be used later by TCS for further compatible purposes if you don't object to it. In the course of these events we may collect your personal data and contact you again in order to receive feedback and provide further commercial information about TCS; this will be done with your consent, when necessary.

We may also obtain data from third parties including:

• Third party event organizers where the event is sponsored by TCS. Organizers might provide the attendee list. In such cases the privacy policy of those third parties to which you provide your personal data will apply to you.

Under the GDPR the lawful bases for this processing is our legitimate interest in organizing and running such events, or consent, where requested and obtained.

To manage, administer and fulfill the obligations under contracts, and regulations

Where TCS is in a contractual relationship with you (other than an employment relationship), your employer, your company or we are taking steps to enter into such a contractual relationship, we will need to process your personal information, usually limited to name, business contact details and job title in order to enter into and/or fulfill the obligations arising from the same contract, such as providing you or your employer or company with the services you have requested or make use of the services that you or your employer or company are offering to us. We will also process such personal data for ancillary tasks related to our daily business activities, such as accounting, auditing, reporting (to regulators and authorities) and to comply with applicable regulations.

Under the GDPR and depending on the processing activity, the lawful bases for this processing may be for the performance of a contract with you or to take steps at your request before entering into a contract with you, our legitimate interest in providing services to your company or employer, or legal obligation.

To promote the TCS brand, products, initiatives and values with marketing communications.

TCS has a strong interest in promoting its brand, products, initiatives and values. We may send you marketing communications through different channels, such as email, texts, phone calls or regular mail; to do so, we might use your contact details which were previously collected in the context of an event, a query sent by you or through the navigation on our websites. We may also obtain your personal information from third parties, such as business partners, data brokers, social networks, publicly available sources and marketing companies. In such cases, we will also comply with any additional restrictions imposed by the source of the data. If required by applicable legislation, we will ask for your consent separately before sending any marketing communications. You can opt-out of receiving such communications at any time using the form at the bottom of this page, writing to our Data Protection Officers or Chief Privacy Officer (see section below) or by any other given method provided from time to time (for example: unsubscribe link included at the bottom of emails).

From time to time, we may use your name, quotes, pictures or videos to promote and amplify TCS’ brand and activities. In any such case, you will receive appropriate additional information about the usage of your personal data.

Under the GDPR the lawful basis for this processing are TCS’ legitimate interests in promoting its brand, products, initiatives and values, or consent, where requested and obtained.

If you do not provide certain information when requested, it may delay or prevent us from administering a service you requested from us, replying to your queries and/or letting you join our initiatives.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose and applicable law. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we will share your personal information

We may share your data with third parties, including third-party service providers and other entities in the TCS Group. Please note, TCS has not in the past, nor does it currently, under any circumstances sell your personal data from or to any third party. Further, TCS does not use your personal data for any other purpose (as outlined below) unless required to fulfill a legitimate business purpose. Primarily, your data will be stored in the country in which you are located, India and the United States, but it may be stored in other countries on a need basis. We may share your information as described herein with third parties and TCS Group entities located in certain territories whose laws may not provide a level of protection equivalent to that of the national jurisdiction you are located in; in such cases your data may be accessible to law enforcement and national security authorities of that jurisdiction where such access is permitted by local law.

Why might you share my personal data with third parties?

We may share your personal data with third parties where required by law, where it is necessary for one of the activities mentioned above or where we have another legitimate legal basis in doing so. We require third parties to respect the security of your data and to treat it in accordance with the law. Where required by the law, we will request your consent before transferring data to third parties which are not part of the TCS Group.

Which third-party service providers process my personal data?

”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities may be carried out by third-party service providers: hosting and other internet services, data storage and analytics, marketing research and campaign management, event organizers and caterers. All our third-party service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions. We may also need to share your personal data with regulators in order to comply with the law.

When might you share my personal data with other entities in the group?

We may share your personal data with other entities in the TCS Group as part of our regular reporting activities on company performance, in the context of a business reorganization or group restructuring exercise, for system maintenance support and hosting of data and when it is required to do so in order to perform one of the activities listed above (see "How we will use information about you"). Other entities in the TCS Group are required to take appropriate security measures to protect your personal data in line with our policies.

Transferring EU Data Subject information outside the EU/EEA for GDPR

We may transfer the personal data we collect about you to one of more countries outside the EU/EEA, including India, in order to perform one of the activities listed above (see "How we will use information about you"). Where there isn't an adequacy decision by the European Commission in respect of those countries - meaning that these are not deemed to provide an adequate level of protection for your personal data - we have put in place the appropriate measures to ensure that your personal data will be secure. These measures include Data Transfer Agreements based on the European Commission's Standard Contractual Clauses. If you require further information about these protective measures, you can request it from our Data Protection Officers (see contacts below).

How we will keep your information safe

We have put in place appropriate technical, organizational and security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

How long we will keep your information

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal data are available in our retention policy upon request from our Data Protection Officers (see contact details below). To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you.

How to contact us

Depending on the jurisdiction you are located in, you may have certain legal rights such as the ability to withdraw your consent, the right to access personal data we hold about you (subject to restrictions recognized in applicable laws), and the right to have personal data rectified where you have demonstrated the inaccuracy or incompleteness of the data we hold about you. If you wish to exercise any rights which may apply to you under your local law, or have a privacy concern, a complaint or a question regarding this privacy statement, please direct it to the Chief Privacy Officer of Tata Consultancy Services at tcs.cpo@tcs.com or contact us through the form at https://www.tcs.com/contact-us.

For the purposes of the your data processed under this statement, the controller (under GDPR and other laws which use a similar concept) or business/service provider (under CCPA) for the data processing of your personal information collected through our websites is Tata Consultancy Services Limited, TCS House, 2nd Floor, Raveline Street, Fort Mumbai 400 001, India. For all the other purposes indicated above, the controller (under GDPR and other laws which use a similar concept) or business/service provider (under CCPA) is the same entity unless indicated otherwise in other privacy statement communicated in each situation.

Rights of EU data subjects under GDPR

If the processing of your personal information is subject to the EU General Data Protection Regulation ("GDPR") (or any United Kingdom replacement legislation), you are entitled to the rights listed below..

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Your rights in connection with personal data

Under certain circumstances, by law you have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you.
• Request correction of the personal data that we hold about you. This enables you ask us to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal data. This enables you to ask us, in certain situations, to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
• Request the restriction of processing of your personal data. This enables you to ask us, in certain circumstances, to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Data portability: This enables you to ask us, in certain circumstances, to provide you with the personal data you have provided to us in a structured, commonly used and machine-readable format or to transmit the personal data that you have provided to us to another party.
• Automated decision-making: The right not to be subject to a decision based solely on automated processing that produces legal effects concerning you or similarly significantly affects you.

If you are an EU or United Kingdom resident and want to exercise a data subject right in connection to your personal data, please contact our Data Protection Officers for the EU or United Kingdom (see contacts below).

Rights of US Consumers under the CCPA

If the processing of your personal information is subject to the CCPA, you are entitled to the rights listed below.

Changes to your personal data

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Your rights in connection with personal data

Under certain circumstances, by law you have the right to:

• Request access to your personal data. This enables you to receive a copy of the personal data we hold about you.
• Request erasure of your personal data. This enables you to ask us, in certain situations, to delete or remove personal data unless our processing is specifically permitted under the CCPA.
• Right of disclosure for sale of data or use for business purpose This enables you to ask us, in certain circumstances, to provide you with the categories personal data and third parties we disclose for sale or business purposes. As TCS does not sell your personal data under any circumstances, this right may only apply where TCS discloses your personal data for a business purpose.
• Data portability: This enables you to ask us, in certain circumstances, to provide you with the personal data you have provided to us in a structured, commonly used and machine-readable format or to transmit the personal data that you have provided to us to another party.
• Right to opt-out: This enables you to opt-out of the sale of your personal data by a business to other third parties. As TCS does not sell your personal data under any circumstances, this right does not apply to your personal data with TCS.
• Right to non-discrimination: This specifies that TCS will not discriminate against you in any way or under any circumstance for exercising your rights to your data under the CCPA.
• Right to withdraw consent: In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Privacy Officer (see contacts below). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legal basis for doing so.

If you are a US resident and want to exercise one of the above rights in connection to your personal data, please contact our US Privacy Officer (see contacts below).

What we may need from you

If you exercise one of the above rights, we may need to request specific information from you to help us confirm your identity and that you are entitled to make such a request. This is to ensure that personal data is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Officers (see contacts below). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legal basis for doing so.

Data Protection Officer

We have appointed Data Protection Officers (DPOs) to oversee compliance of TCS with applicable data protection laws and with this privacy notice. If you have any questions about this privacy notice or how we handle your personal data, please contact the DPO in your region:

Data Protection Officer for UK and Ireland	Data Protection Officer for Canada	Data Protection Officer for Continental Europe	Data Protection Officer for the United States
DPO.uki@tcs.com	Canada.privacy@tcs.com	DPO.Europe@tcs.com	US.Privacy@tcs.com

Data protection supervisory Authority under GDPR

If you're not satisfied of how we process your personal data and the processing of your personal information is subject to the EU GDPR, you can lodge a complaint at any time to our Data Protection Officers or to the relevant data protection supervisory Authority; you can find the complete list of the European Authorities here.

Changes to this privacy statement

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data.