Privacy Policy

1. Introduction

The following privacy policy governs the collection, use and processing of any Personal Data disclosed or made available by you to WorkXFlow.

Note that, unless otherwise specifically defined, any terms and expressions utilized in this Policy shall have the definitions ascribed to them in the the WorkXFlow Platform’s Terms of Use (accessible here: https://www.workxflow.com/terms-of-use/).

The term or expression, “Policy”, as utilized herein, means and refers to this privacy policy, as may be amended from time to time – including any terms and conditions incorporated therein by reference as well as any annexures thereto.

By registering and creating a User Account on the WorkXFlow Platform or otherwise making Personal Data available to WorkXFlow (whether through the WorkXFlow Platform, through one of its affiliates, an Integrated PM Platform or otherwise), you thereby:

• Acknowledge and undertake that you have read and understood the entirety of this Policy and, having done so, voluntarily and contractually agree to be bound by and to adhere to all of its terms and conditions; 

• Consent to the processing of your Personal Data in the manner set out in this Policy (including – by way of collection, storage, retrieval, disclosure, transmission, analysis, combination, erasure and / or other such use);

• Consent to receiving informational, promotional and advertising material and communications from WorkXFlow that relate to it, the WorkXFlow Platform, any Integrated PM Platform (including, but not limited to, information and updates on their respective product and service offerings, promotions, new features, policies and other opportunities) by email, postal services, text message and / or other electronic means – provided, however, that: (a) it is understood that the distribution and dissemination of such materials and communications constitutes a service provided by WorkXFlow to Users of the WorkXFlow Platform that you hereby agree to receive; and (b) where you would prefer not to receive this service through any particular medium of communication (whether by email, text message or otherwise), please click the “unsubscribe” link contained in any email or text message (where provided) and / or follow the un-subscription process as detailed and required (where applicable). Kindly note that unsubscribing from one medium in the manner provided above does not automatically unsubscribe you from the other mediums agreed to. If your instructions are unclear, we may contact you for clarification. Where there is no link to un-subscribe provided, please submit a Request to un-subscribe from the aforementioned service in accordance with Clause 6 below; 

• Acknowledge and agree that the collection and processing of Personal Data contemplated by and consented to under and in terms of this Policy is reasonable, relevant, proportionate and necessary for operation, administration and development of the WorkXFlow Platform and its features; and

• Acknowledge that the Program and its features are not designed or intended for minors under the age of eighteen (18). Therefore, where you are an individual, please note that only persons who are eighteen (18) years of age or older may register and create a User Account on and / or access and use the WorkXFlow Platform.

IF YOU DO NOT AGREE TO OR COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THIS POLICY, PLEASE REFRAIN FROM REGISTERING WITH AND CREATING A USER ACCOUNT ON THE WORKXFLOW PLATFORM OR FROM ACCESSING AND / OR USING THE WORKXFLOW PLATFORM, ITS FEATURES OR ANY OF THE SERVICES AND PRODUCTS OFFERED BY WORKXFLOW IN CONNECTION THEREWITH.

2. The Categories of Personal Data Collected for the Purposes of the Program

The term and expression, “Personal Data”, for these purposes, is broadly defined as information that identifies or distinctly relates to a particular natural person. Note that WorkXFlow may collect and process a variety of Personal Data for the specific uses set out hereafter – including, but not limited to:

• Account information – including, Account username, password, survey responses, promotion participation data, feedback and suggestions for improvements;

• Practice information – including, the name of your company, firm, proprietorship or practice, incorporation or registration number and registered address;

• Personnel information – including, the full names of individual Users, their email addresses and dates of birth;

• Client information – including, client names and any information or data referencing or relating to such client(s) (for e.g., where you upload client data to identify and facilitate a particular task or job on the WorkXFlow Platform);  

• Contact information – including, your email address, postal address, telephone number and cellular mobile phone number;

• Device information – including, the type of device you use to access our websites and online applications, your device identification number, IP address and / or mobile operating system;

• Job and task related information – including any User notes and comments; and

• Any other information that you voluntarily provide us with.

The WorkXFlow Platform may also use cookies, web beacons, unique identifiers and other such technologies to track user activity on the platform as well as hold certain information in respect thereof. Note that you can typically instruct your web browser to refuse all cookies or indicate when a cookie is being sent. However, if you opt not to accept cookies, it is possible that you may not be able to use some portions or features of the WorkXFlow Platform. Note that where you upload any Personal Data onto the WorkXFlow Platform relating to a third-party data subject (including, but not limited to, a client or customer information), you: (i) thereby represent and warrant to WorkXFlow that you are lawfully entitled and authorized by each and every data subject to which such data relates to disclose such Personal Data to WorkXFlow for use and processing in the manner hereinafter contemplated; (ii) shall be solely and exclusively responsible for obtaining and maintaining such authorization and consent; (iii) shall immediately notify WorkXFlow in writing of any revocation or withdrawal of such authorization or consent by a data subject; and (iv) acknowledge and agree to indemnify and hold WorkXFlow harmless for any costs, damages and expenses incurred by WorkXFlow in connection with a failure by you to obtain and maintain such authorization and consent or otherwise comply with your undertakings hereunder.

3. The Purposes for which Personal Data are Collected and Processed

Any Personal Data collected by or on behalf of the Operator may be processed and used for any one or more of the following purposes:

• To facilitate and operate the WorkXFlow Platform, its features and integrations with Integrated PM Platforms as well as enable WorkXFlow to provide any ancillary services associated therewith (including, but not limited to, customer support);

• To identify, contact and communicate with User(s), where necessary (including for the purposes of circulating and / or communicating technical notices, updates, confirmations, security alerts and support or administrative messages);

• To develop, personalize and improve the WorkXFlow Platform, its features and any related service offerings;

• To protect against legal liability and resolve disputes that may arise in respect of WorkXFlow, the WorkXFlow Platform or its features and Integrated PM Platforms;

• For fraud prevention and verification purposes;

• For promotional purposes across all mediums of communication (whether physical, electronic or otherwise) – including, but not limited to, marketing and advertising relating to WorkXFlow, the WorkXFlow Platform and / or its Integrated PM Platforms; and

• For internal record-keeping, analytics, archiving and statistical purposes.

Note that certain categories of Personal Data that you provide us with may be displayed publicly on the WorkXFlow Platform – for example, where you provide a testimonial for or feedback on the platform or where your comment or post made via the WorkXFlow Platform is associated with your full name or username.

We may also be required by Applicable Law and / or by the order of a regulatory body, competent court or state instrumentality to disclose such Personal Data. In such circumstances, you (the User) agree to and authorize WorkXFlow to make such disclosures without your prior consent, as and when required. 

As a User of the WorkXFlow Platform, you also acknowledge and agree that your Personal Data may be transferred / transmitted to, stored / maintained on and / or retrieved from servers and systems located outside of Sri Lanka and / or your country of domicile or residence, where – for example, the data protection laws may differ to those prevailing in your own jurisdiction.

Please note that, while WorkXFlow shall seek to adopt all reasonable technical and organizational means and security safeguards to protect the confidentiality and integrity of such Personal Data, you equally acknowledge: (a) that WorkXFlow cannot guarantee its absolute security, confidentiality and / or integrity; and (b) that WorkXFlow shall not be responsible for any loss of confidentiality and / or integrity arising from or in connection with the unlawful, malicious or negligent actions or omissions of a third party (whether under the Computer Crime Act, No. 24 of 2007 or otherwise).

Such Personal Data may, where required, also be shared with certain third parties that operate features of or whose independent platforms are integrated with the WorkXFlow Platform (including, but not limited to, Integrated PM Platforms and sub-processors such as Amazon Cloud Hosting, Microsoft Azure: Cloud Computing Services and Google Cloud: Cloud Computing Services) – provided, however, that Personal Data will not be shared with any such third party for a purpose not specifically set out or contemplated above.

Each and every User acknowledges and agrees that any Personal Data relating to such User collected and stored by WorkXFlow may, subject to subsequent retention by it for limited archiving and internal record keeping purposes or where, and to the extent, required by Applicable Law, continue to be processed by WorkXFlow in a form which permits the identification of such User until either: (a) such User submits a Request as contemplated under and in terms of Sections 14 and 16 (b) of the Act (as hereinafter defined) in accordance with the applicable procedure set out in this Policy and such Request is granted by WorkXFlow; or (b) the expiry of a grace period of three (03) months following such User ceasing to use and maintain a User Account on the WorkXFlow Platform as a result of a formal and express termination thereof by WorkXFlow.  WorkXFlow may also anonymize, tokenize or aggregate Personal Data in a manner in which the natural person to whom such data relates may not be personally identifiable. In such instances, you (the User) agree to and authorize WorkXFlow to utilize such non-Personal Data for any lawful purpose.

4. Right to procedure for prospectively withdrawing consent

Please note that you may revoke the consent granted by you to WorkXFlow hereunder – provided, however, that it is acknowledged and agreed that any revocation or withdrawal of such consent shall: (a) be made by way of a written request submitted under and in terms of Clause 6 below; and (b) not affect the lawfulness of any processing which occurred prior to such revocation and withdrawal taking effect (i.e. prior to the expiry of the processing period contemplated under and in terms of Clause 6).

5. Maintaining up-to-date Personal Data

You hereby represent and warrant that any Personal Data uploaded, submitted or otherwise provided by you to WorkXFlow is true, comprehensive and accurate. You also undertake to promptly update such information by notifying WorkXFlow of any changes thereto as and when it becomes outdated, inaccurate or incomplete:

Provided, further, that you expressly acknowledge and agree: (a) that WorkXFlow does not independently confirm or evaluate the accuracy or comprehensiveness of any Personal Data provided and relies solely and exclusively on the information provided by you in operating the WorkXFlow Platform and its features; and (b) that you hereby indemnify WorkXFlow for any claims, costs or damages incurred by it as a result of your failure and / or neglect to provide and maintain true, comprehensive and accurate information with it as contemplated above.

6. Rights of Data Subjects

Where you have any clarifications or complaints regarding your rights as a data subject and this Policy, you may contact the Data Protection Authority of Sri Lanka. Please also familiarize yourself with Part II of the Personal Data Protection Act, No. 09 of 2022 (the “Act”) to understand your statutory rights as a data subject.

Where any User, in his or her capacity as a data subject, wishes to submit a request to WorkXFlow for the purposes of exercising any rights conferred on him or her under the Act (a “Request”), such Request:

• must be in writing and, where applicable, be delivered by email from the email address registered and maintained by you with WorkXFlow in connection with your User Account and correctly addressed to WorkXFlow’s designated email address below;

• shall be subject to the fulfillment by you of any counter-requests made by WorkXFlow (if any) for the purposes of establishing the identity of the data subject making such Request;

• must fairly and accurately identify the Personal Data in respect of which such Request is being made;

• may be processed subject to the advance settlement by the User submitting such Request of such fees as may be prescribed by regulations made under the Act; and

• shall, where such Request is granted, be processed and fulfilled subject to a processing period of no less than ninety [90] days within which to allow WorkXFlow to identify the relevant Personal Data and process / comply with such Request:

Provided, however, that: (a) each and every User acknowledges and agrees that WorkXFlow shall have no obligation whatsoever to verify or otherwise confirm the authenticity and / or source of any emails received by it from the email address registered and maintained by a User with the WorkXFlow Platform and, correspondingly, shall be entitled to treat any such email as having been sent to it by the relevant User; and (b) where WorkXFlow receives any Request from a third-party data subject in respect of his or her Personal Data as processed by WorkXFlow in relation to a given User Account, it is acknowledged and agreed that WorkXFlow shall be entitled, at its absolute discretion and with or without either verification of the identity of the data subject making such Request or notice to the relevant User, to grant and comply with such Request (including, without limitation, by ceasing to process the Personal Data to which such Request relates and / or by erasing such Personal Data from the WorkXFlow Platform).

Any questions or other correspondence with WorkXFlow relating to this Policy should be directed to:

Attn:

WorkXFlow Support

WorkXFlow (Private) Limited

No: 14, Sir Baron Jayathilake Mawatha, Colombo 01, Sri Lanka

support@admin

7. Miscellaneous

This Policy shall be governed by and construed in accordance with Applicable Law (as defined in our Terms of Use).

The WorkXFlow Platform may contain links to other sites, services and applications (including, but not limited to, Integrated PM Platforms) that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. Users acknowledge and agree that WorkXFlow has no control over, and assumes no responsibility for the content, privacy policies or practices of any third-party sites, services or applications.

The terms and conditions of this Policy are subject to change and modification by and at the absolute discretion of WorkXFlow – provided, however, that any amendment or modification thereto shall only take effect after it is posted at https://www.workxflow.com/privacy-policy/.

Therefore, please periodically familiarize yourself with the most recent version of this Policy before accessing or using the WorkXFlow Platform and its features.