V. Whether this software violates Right to privacy of citizens?

No, this software does not violate the Right to Privacy of the citizens. Viashare has always been
stringent with the privacy policy for our consumers and data protection has always been a major
viewpoint for our operations. The leak of data that occurred on the 5th of January 2021 was an
illicit and illegal cyber-attack on the servers of our company, for which our internal taskforce
immediately responded and protected major data leakage. Viashare’s server were whimsically
bugged and internal investigation for the same was duly conducted. The operational in-charge for
the technical department at Viashare also contends that the attack was a foreign invasion on the
sovereign capabilities of Viashare and its servers, for which the compony will proceed in a
coherent, legal, and logical manner in the coming time.

1. VIASHARE’S PRIVACY POLICY

Viashare has a strong privacy policy and always investigates the matters concerning the privacy
of its users in a serious and strict manner. Most businesses are embracing “digital” in their
business processes and practices. This requires them to collect data of customers (e.g., name,
address, etc.) In addition, what kinds of goods and services are consumed (or what websites a
customer visits) itself is private information that ISPs capture. These privacy policies obtain
general consent to share data. In the case of Google India (P) Ltd. v. Visaka Industries, (2020) 4
SCC 162: (2020) 2 SCC (Cri) 502 Hon’ble Supreme Court has duly obligated the data collecting
websites, in this case Google India to publish their privacy policy and user agreement on their
websites. In the case of Shreya Singhal v. Union of India where the IT rules (Intermediary
Guidelines), 2011 states that intermediaries should adopt privacy policy and user agreement.

1.1. General Consent

The most crucial component of a privacy policy is 'consent'. In this regard the Supreme Court has
in re Puttuswamy made the following observations:

"497. It was rightly expressed on behalf of the Petitioners that the technology has made it
possible to enter a citizen's house without knocking at his/her door and this is equally possible
both by the State and non-State actors. It is an individual's choice as to who enters his house,
how he lives and in what relationship. The privacy of the home must protect the family,
marriage, procreation and sexual orientation which are all important aspects of dignity. 498. If
the individual permits someone to enter the house it does not mean that others can enter the
house. The only check and balance is that it should not harm the other individual or affect his or
her rights. This applies both to the physical form and to technology."

1.2. Occupational Discharge and Reasonable Security

As per the factsheet, in Paragraph 2, it is contended that Viashare tracks the user behaviour from
the moment when the users “clicks on the advertisement” to the very end of the transactional
action of the consumer i.e when payment is done for the said product mentioned in that link. This
tracking system is not only discharge of our occupational duties but also is or can be used as a
direct evidence in case of dispute with the merchant websites on whether the commission was/is
to be generated or not. As per the The Information Technology (Reasonable Security Practices
and Procedures and Sensitive Personal Data or Information) Rules, 2011 where in the 8th clause,
reasonable security practices and procedures, it is stated that: A body corporate or a person on
its behalf shall be considered to have complied with reasonable security practices and
procedures, if they have implemented such security practices and standards and have a
comprehensive documented information security programme and information security policies
that contain managerial, technical, operational and physical security control measures that are
commensurate with the information assets being protected with the nature of business. In the
event of an information security breach, the body corporate or a person on its behalf shall be
required to demonstrate, as and when called upon to do so by the agency mandated under the
law, that they have implemented security control measures as per their documented information
security programme and information security policies. This legislative clause has been cited in
the case of Karmaya Singh Sareen v. Union of India (2017) 10 SCC 638. As per these norms,
Viashare does have a developed and evolved privacy policy which is stringent enough to contend
its capabilities to protect the privacy of its consumers.

2. RIGHT TO TRADE AND PROFESSION

The company Viashare’s nature of operation demands data collection in a legal and logical
format. This data collected is not only used to help consumers in the light of their favour while
they are surfing through the website but also helps the company to keep a track of unwanted
traffic and make a list of their prospected clients with who they can deal in near future. Such
information is collected ONLY after the consumer reads and signs (tick-marks) the Privacy
Policy of Viashare’s website. In the case of Satish N. & ors. V. State of Karnataka 2016 SCC
OnLine Kar 6542 it is stated that:

“Rule 4  of  the SPDI Rules make it mandatory for the body corporate to provide
a  policy for  privacy and disclosure of information. Under the said Rule, the body corporate is
required not only to declare its privacy policy on its website but is also required to enter into a
lawful contract with the person providing the personal information.” As quoted her, Viashare
has its own Privacy Policy and has complied with the norms to collect user data. Besides that,
Viashare has also went through the scrutinising affair of being granted a patent and it was a
“patentable subject matter” applicable under the laws of Induva (written under Patents Act,
1970), which are para materia to the laws of Republic of India. Hence, data collection is a part
of Viashare’s propagation of legally sound trade and profession in Induva, which is a
fundamental right under Article 19 of the Indian Constitution.

As per the given arguments and contentions above, Viashare and counsel on behalf of Viashare
would strongly contend that this app won’t breach the privacy of the its users, whether current or
prospected.