Laminaar Policy for Corporate Social Responsibility (CSR)
Companies Act, 2013 has formally placed Corporate Social Responsibility into the dashboard of Indian companies. Laminaar Aviation Infotech (India) Private Limited (LAI-IN) appreciates the decision by the Government of India on the subject. The legal framework of CSR provides an edge to charitable or reformative approaches by companies towards societies in which they belong. By introducing a separate section for CSR in Companies Act, 2013, the Government has provided legal recognition to companies’ community development approaches and initiatives. The management of the LAI-IN expresses its willingness and support to the CSR concept thus laid out, its legal framework and agrees to abide by its guidelines in all their CSR initiatives.
1. Title and applicability
1.1. The document describes the Corporate Social Responsibility Policy (“CSR Policy”) of Laminaar Aviation Infotech (India) Private Limited (“LAI-IN” or “the company”). It includes LAI-IN’s vision, mission and other relevant attributes of Corporate Social Responsibility.
1.2. The CSR policy shall be guided by LAI-IN’s corporate philosophy of respect for the individual and the society at large.
1.3. The CSR policy has been formulated in accordance with Section 135 of the Companies Act 2013; the CSR Rules 2014; and Schedule VII and the relevant amendments/ notifications/ circulars, thereto.
1.4. The CSR policy shall apply to all CSR programs of LAI-IN.
2. Vision and Mission
2.1. LAI-IN is committed to build a sustainable business with strong social relevance and a commitment to inclusive growth and contribute to the society by supporting causes on various concerns including Eradicating Hunger, poverty, and malnutrition, promoting healthcare, environmental sustainability, promoting education, including special education and employment enhancing vocation skills especially among children, women, elderly and differently abled and other rural development activities.
2.2. In pursuance of our vision that LAI-IN desires to be a ‘Company which society wants to exist and sustain’, we are dedicated towards fulfilling the social objectives through various CSR activities. The Company shall make its endeavor to positively impact and influence the Society for its sustainable development.
3.1. The Companies Act, 2013 has brought greater emphasis on CSR with rules that provide guidance on minimum CSR spend, focus areas, implementation mechanism and reporting to the shareholders of the company.
3.2. LAI-IN’s CSR Policy has been designed keeping in view the company’s business vision, its CSR vision and long-term social objectives that the company wants to achieve. LAI-IN CSR Policy has been created with the purpose to outline its CSR focus areas, review mechanism, execution process and reporting mechanism.
4. Responsibility of the Board of Directors
4.1. The responsibility of the Board of Directors shall be as under:
4.1.1. To approve the CSR Policy & disclose the contents of such policy in its report and also place it on the Company’s website;
4.1.2. Prepare Annual Action plan for CSR Spent;
4.1.3. Ensure that the activities proposed in the CSR Policy are undertaken;
4.1.4. Ensure that the company spends, in every financial year, at least 2% of average net profits of the company made during the 3 immediately preceding financial years, as required under Section 135 of the Companies Act, 2013 & Rules made thereunder;
4.1.5. If company fails to spend the sum as mentioned above, then the Board shall, in its Report specify the reasons for not spending the amount.
5. CSR Committee
5.1. Constitution of CSR Committee
5.1.1. Pursuant to the provisions of Section 135(9) of the Companies Act, 2013, the functions of Corporate Social Responsibility Committee (“the CSR Committee”) shall be discharged by the Board of Directors to oversee the CSR agenda of the Company. The Board Shall fulfil all the obligations of the CSR committee as per the requirements of Section 135 of the Companies Act, 2013 and Companies (Corporate Social Responsibility Policy) Rules, 2014 and Schedule VII made thereunder.
5.1.2. If board thinks of forming the CSR Committee in future, the board of directors at the duly convened board meeting shall be empowered to take all decision for making or effecting changes in the constitution of the CSR Committee.
5.1.3. The information in this regard shall be disclosed in the Board of Directors’ Report as per the disclosure requirements of the Companies Act 2013.
5.2. Responsibilities of the Board w.r.t CSR obligations.
5.2.1. To formulate, a CSR Policy indicating the activities to be undertaken as specified in Schedule VII of the Companies Act, 2013 and modify/ amend the same as required;
5.2.2. To review and approve annual budgets with respect to CSR programs;
5.2.3. To develop and institutionalize a CSR reporting mechanism in light with Section 135, Rule 8 of the Companies Act 2013;
5.2.4. To ensure that LAI-IN corporate website displays the approved CSR policy of the company
5.2.5. To monitor the CSR Policy, Projects and Programs from time to time.
5.2.6. To appoint an registered and approved Implementing Agency to fulfil the Company’s CSR obligations.
5.3. Meetings of w.r.t CSR objectives
The Board shall take up and review the company’s CSR implementation, continuity and execution on regular basis.
6. Areas of CSR Activities
6.1. The Company is hereby devoted to direct its CSR resources, to a reasonable extent, for improving the quality of life of the people by focusing on the social causes, including but not limited to the following areas:
6.1.1. Eradicating hunger, poverty and malnutrition, promoting health care including preventive health care and sanitation including contribution to the Swach Bharat Kosh set-up by the Central Government for the promotion of sanitation and making available safe drinking water.
6.1.2. promoting education, including special education and employment enhancing vocation skills especially among children, women, elderly and the differently abled and livelihood enhancement projects.
6.1.3. promoting gender equality, empowering women, setting up homes and hostels for women and orphans; setting up old age homes, day care centres and such other facilities for senior citizens and measures for reducing inequalities faced by socially and economically backward groups.
6.1.4. ensuring environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, agroforestry, conservation of natural resources and maintaining quality of soil, air and water including contribution to the Clean Ganga Fund set-up by the Central Government for rejuvenation of river Ganga.
6.1.5. protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art; setting up public libraries; promotion and development of traditional art and handicrafts;
6.1.6. measures for the benefit of armed forces veterans, war widows and their dependents, Central Armed Police Forces (CAPF) and Central Para Military Forces (CPMF) veterans, and their dependents including widows;
6.1.7. training to promote rural sports, nationally recognized sports, paralympic sports and Olympic sports
6.1.8. contribution to the prime minister’s national relief fund or Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) or any other fund set up by the central govt. for socio economic development and relief and welfare of the schedule caste, tribes, other backward classes, minorities and women;
6.1.9.(a) Contribution to incubators or research and development projects in the field of science, technology, engineering and medicine, funded by the Central Government or State Government or Public Sector Undertaking or any agency of the Central Government or State Government; and
6.1.10.(b) Contributions to public funded Universities; Indian Institute of Technology (IITs); National Laboratories and autonomous bodies established under Department of Atomic Energy (DAE); Department of Biotechnology (DBT); Department of Science and Technology (DST); Department of Pharmaceuticals; Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH); Ministry of Electronics and Information Technology and other bodies, namely Defense Research and Development Organization (DRDO); Indian Council of Agricultural Research (ICAR); Indian Council of Medical Research (ICMR) and Council of Scientific and Industrial Research (CSIR), engaged in conducting research in science, technology, engineering and medicine aimed at promoting Sustainable Development Goals (SDGs).
6.1.11. rural development projects
6.1.12. slum area development.
6.1.13. Explanation.- For the purposes of this item, the term ‘slum area’ shall mean any area declared as such by the Central Government or any State Government or any other competent authority under any law for the time being in force.
6.1.14. disaster management, including relief, rehabilitation and reconstruction activities.
6.1.15. Any other activity or activities as may be made eligible in future through any notification, circular or order passed by Ministry of Corporate Affairs or any other Competent Authority.
7.1. Following activities shall be excluded from the CSR expenditure of LAI-IN:
7.1.1. Activities which are exclusively for the benefit of employees of the company or their family members;
7.1.2. Activities undertaken in pursuance of normal course of business of the Company;
7.1.3. Direct or indirect contribution to political parties;
7.1.4. Expenditure on item/s not in conformity with Schedule VII of the Companies Act 2013;
7.1.5. Surplus arising out of CSR projects shall not form part of the business profits of Company instead the same will be further used for CSR purposes only.
8. Geographies and beneficiaries
8.1.1. LAI-IN will give preference to the local areas around its operations for spending the amount earmarked for CSR activities. LAI-IN’s operations are mainly concentrated in the following areas:
a. State of Maharashtra
b. State of Karnataka
c. State of Delhi
d. LAI-IN may undertake CSR activities in any other area in India as may be decided, from time to time
8.2. Beneficiaries and Focus
8.2.1. The beneficiaries and focus of LAI-IN’s CSR programs may include, but not limited to, the following categories of people and CSR Activities:
a. Children/ students, Preventive Healthcare and Promoting Education.
b. Women/ Children in distress, orphanages.
c. Weaker sections of the society.
d. Environment Sustainability and Protection.
e. measures for the benefit of armed forces veterans, war widows and their dependents, Central Armed Police Forces (CAPF) and Central Para Military Forces (CPMF) veterans, and their dependents including widows.
f. Others – society at large
9. Implementation mechanism
9.1. The company may conduct/ implement CSR programs by itself and/or through registered trusts, societies and/ or section 8 (previously section 25) companies collectively referred as Implementing Agencies with an established track record of at least three years in carrying on activities in the related area/s or as suggested by Ministry of Corporate Affairs vide various circulars/notifications.
9.2. The company may collaborate or pool resources with other companies to undertake CSR activities and any expenditure incurred on such collaborative efforts would qualify for computing the CSR spending.
9.3. The progress will be reported to the Board of Directors during the board meeting. The progress on CSR programs undertaken by the Company will be reported in the Directors’ Report which makes part of the Annual Report in the Annexure-II format as prescribed by the CSR Rules 2014, as amended from time to time.’
10. Monitoring of CSR programs
10.1. The LAI-IN CSR team shall be responsible for day-to-day management of CSR related activities of the company. The team shall periodically report to the board regarding the financial and programmatic progress of CSR projects.
10.2. All projects undertaken by LAI-IN shall be monitored on a regular basis. On-site monitoring would also be undertaken at least once a year to ensure on-track implementation.
10.3. The CSR team shall if required, be empowered to appoint an external third party to monitor/ review/ audit the progress (financial and programmatic) of the CSR projects.
11. Effective Date
The CSR Policy shall be effective from the date of its approval by the Board of Directors. This Policy document shall supersede any earlier CSR Policy made by the Company. Provided, however, that all the acts done in pursuance of the earlier CSR Policy shall stand ratified and covered under this policy.
12. Amendments to the CSR Policy
CSR Policy may be updated to align it with the changing requirement or changes in the legal and regulatory framework. Any revision in the Policy shall be approved by the Board of Directors.
CSR POLICY APPROVED ON BEHALF OF BOARD OF DIRECTORS ON THIS 02 DAY OF SEPTEMBER 2021 AT MUMBAI
Laminaar Aviation Infotech Pte Ltd (being referred to as LAMINAAR in this policy document – also includes its subsidiary companies, Laminaar Aviation Infotech India Private Limited and Laminaar Aviation Infotech Americas Inc) brings application software products and solutions for the aviation industry, which may be availed as a suite covering the entire spectrum of operations, or as a stand-alone module addressing a single functional area.
LAMINAAR provides various proprietary applications software, e.g., ARMS®, ARMS® NS, ARMS® on the Tab and more. All of LAMINAAR’s products, applications, custom solutions, including this website are collectively called Services. LAMINAAR is committed to maintaining the privacy of all client proprietary information including of their personnel, that it collects or the client discloses, during the use or operation of its Services.
DATA CONTROLLER AND DATA PROCESSOR
LAMINAAR processes two main types of personal data. Of personal data that is part of the data provided by clients and their end-users for processing, LAMINAAR is a Processor of this data. Of personal data about client owners, visitors and other individuals that is collected and processed directly for marketing purposes, LAMINAAR is a Controller of this data.
WHAT INFORMATION DOES LAMINAAR COLLECT
Clients provide LAMINAAR with data for processing and usage of its software application. Client Data is processed by LAMINAAR when the clients or their end-users, provide LAMINAAR or upload information into a LAMINAAR Service, e.g., a client may upload data about their employees. This data may include recruitment, payroll, employee personal details, tax records etc.
Client data necessary to create user accounts. For creation of user accounts, clients provide their personnel’s or end-users’ names names, email address, passwords, job titles, telephone numbers, correspondence address. Examples of data collected on using LAMINAAR applications/ websites or provided directly are:
- Log Data – LAMINAAR servers automatically collect information when a visitor or user accesses or uses its applications and services. This data is recorded in log files. Examples of such data include IP Address.
- Subscription Data – LAMINAAR also collects information that users provide as part of signing up for its newsletters, or requests demos of products.
- Contact Us Data – When a visitor or user enquires about LAMINAAR products and services, data collected and stored for the express purpose of communication and response to an enquiry.
- Seminars and Conferences – LAMINAAR also collects and retains the information that a visitor or user provides during events and seminars, information that is volunteered during formal and informal exchanges, e.g., via business cards and social media contact addition.
- Social Media – Other data that a visitor or user may provide directly, e.g., LAMINAAR also collects data from social media locations and sites such as LinkedIn and Facebook for marketing and sales.
The information collected includes the user or visitor’s IP address, when the site was visited and what pages were visited. In some instances, cookies are used to collect information in connection with future visits from that website, to recognize them as a previous visitor, or to track activity on the LAMINAAR site. If a visitor or user follows a link to the site from an affiliate or promotion, LAMINAAR stores information about the arrival from that affiliate or promotion in a session cookie.
HOW LAMINAAR USES CLIENT OR VISITOR DATA
How personal data is used depends on which Services and how those Services are availed. Client Data is used in accordance with a client’s instructions, including any applicable Ts & Cs in the signed client agreements and as required by applicable law. LAMINAAR is a processor of Client Data and the Client is the controller.
Other Data is used for effective communication for responding to requests, comments and questions.
LAWFUL BASIS FOR PROCESSING
LAMINAAR has lawful bases to process personal data. It has a legitimate interest in processing, in some cases use client consent as basis for lawfully processing their personal data.
LAMINAAR processes client personal data only when it has a lawful basis. Presently, LAMINAAR’s lawful basis is performance of contract for processing of Client Data and Legitimate Interest or Consent for processing Other Data. In some cases, LAMINAAR may also have a legal obligation to collect personal information from clients.
Note: As clients agree to a particular processing of their data with LAMINAAR, they also have a right to withdraw the consent at any time.
LAMINAAR uses client data to authenticate and authorize access to its services. It only processes Client Data on their behalf and in accordance with their instructions provided in the applicable services agreement. Client data is used to provide a better experience and support with services. In each case, LAMINAAR collects such information only when it is necessary and appropriate to fulfil the purpose of the interaction with its services.
- To provide Services. LAMINAAR processes Client Data as a Data Processor to provide services to clients through LAMINAAR proprietary applications or solutions.
- To send emails and other communications. LAMINAAR may send service, technical and other administrative emails, messages and other types of communications. LAMINAAR may also contact clients to inform about changes in its Services and Services offerings. These communications are considered part of the Services and client may not opt out of them unless one chooses not to use LAMINAAR Services.
- Customer Support. If clients send a request (for example via a support email or via a feedback mechanism), LAMINAAR responds to the request to assist in resolving the issue faster.
- Other purposes: For any other purpose as provided for in the Services Agreement between LAMINAAR and the customer, or as otherwise authorized by the customer. In accordance with or as may be required by law.
HOW LAMINAAR USES OTHER DATA?
LAMINAAR may send service related messages or marketing/promotional materials. Clients may choose to restrict the collection or use of personal information. Other Data may be used to arrange a demo of a product on request, sending promotional material and updates about the company or inviting to conferences and events that are relevant. Direct marketing is carried out only on express consent provided by a client to receive such communications from LAMINAAR.
USERS UNDER 16 YEARS OF AGE
The Sites and Services do not knowingly collect personal information from users under the age of 16.
If a visitor or user is under the age of 16, they are not permitted to use the Services or to disclose Personal Information. If LAMINAAR learns that it has collected or received Personal Information from a child under 16, it will delete that information. If anyone believes LAMINAAR might have any information from or about a child under 16, one is requested to contact LAMINAAR immediately using the contact information on this website.
DATA RETENTION POLICY
Client Data – LAMINAAR will retain client information as long as a client has an active Services account. LAMINAAR may also retain client personal information for extended period under applicable statutory laws. LAMINAAR will retain client data in accordance with a Client’s instructions, including any applicable terms in agreements and as required by applicable law. When a client decides to stop using the said services, LAMINAAR will either delete or return all Client Data, as per their specific instructions.
CLIENT, VISITOR & USER RIGHTS
A client or visitor can request to access, update or correct their personal information. They also have the right to object to direct marketing.
They may have additional rights pursuant to their local law applicable to the processing. For example, if the processing of personal information is subject to the EU General Data Protection Regulation (“GDPR”), and their personal information is processed based on legitimate interests, they have the right to object to the processing on grounds relating to their specific situation. Under GDPR they also have the right to request for deletion or restriction of their personal data and ask for portability of their personal information.
CLIENT & VISITOR’S RIGHTS TO CONTROL DATA
When a client uses LAMINAAR’s services, it is aimed to provide them easy means to access, modify, delete, object to or restrict use of their personal information.
LAMINAAR strives to provide clients ways to access, update/modify their data quickly or to delete it unless that information has to be retained for legal purposes. Some rights can be access from within the LAMINAAR applications or solutions. For visitors, these rights can be exercised by contacting LAMINAAR with their specific request.
- Right to Rectify: One can edit some of of their personal data through their accounts. They can also ask LAMINAAR to change, update or fix their data in certain cases, particularly if it is inaccurate.
- Right to Erase: One can ask LAMINAAR to erase or delete all or some of their personal data (e.g. if it is no longer necessary to provide Services).
- Object or Limit or Restrict, Use of Data: One can ask LAMINAAR to stop using all or some of their personal data (e.g. if LAMINAAR does not have a legal right to continue using it) or to limit the use (e.g. if their personal data is inaccurate or unlawfully held).
- Right to Access/Take their Data: One can ask LAMINAAR for a copy of their personal data that they have provided in machine readable form.
CLIENT OR VISITOR INFORMATION SHARED WITH OTHERS
Client of visitor data will be shared with other recipients only in order to provide them with services. While LAMINAAR aims to limit the sharing of client of visitor data, at times, it is necessary to share their data with certain service providers. Examples of when and for what purpose their data is shared include, data center/ hosting services, email marketing services, etc.
The following categories of recipient will most likely receive client of visitor data for LAMINAAR to provide services.
- Third Party Data Center Services
- Third Party SMTP and SMS notification services
To Comply with Laws: If LAMINAAR receive a request for information, it may disclose if they reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. LAMINAAR may also share client of visitor data to an acquirer in the event of a sale of substantially all of their assets or other change of control transaction.
Cross-Border Data Transfers
Client or visitor data may be stored and processed in multiple countries including outside of the European Union (EU) Region
Since LAMINAAR is an international company, client or visitor data may be processed outside of the EU region. Data will be processed within Third Party Data Centers in India and Singapore. Some countries where LAMINAAR processes data may not have the same laws as the client’s own country and as such there are risks associated with such transfer.
LAMINAAR offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of Customer Data. These clauses are contractual commitments between parties transferring personal data (for example, between LAMINAAR AVIATION and its Clients, suppliers or data processors outside the EU), binding them to protect the privacy and security of the data.
SECURITY MEASURES TO PROTECT CLIENT DATA
LAMINAAR implements security controls to prevent breaches and unauthorized access to client or visitor data. It maintains appropriate security measures to protect Client Data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Examples of security measures include physical access controls, HTTPS, restricted access to data, monitoring for threats and vulnerabilities etc.
If there are any questions or queries regarding this Policy, please contact LAMINAAR through email at firstname.lastname@example.org