1. Controller and Personal Information
Your duty to inform us of changes in 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.
2. What personal information about you does nVipani gather?
Personal data, or personal information, means any information about an individual from which that person / individual can be identified. It does not include data where the identity has been removed, masked or replaced with such other fictitious name or code that is unique to an individual but does not, on its own, directly identify the person . individual (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
a) Individual Identification includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
b) Contact Information includes billing address, delivery address, email address and telephone numbers.
c) Financial and Transactional Data includes bank account and payment card details, details about payments to and from you and other details of products and services you have purchased from us.
d) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
e) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
f) Usage Data includes information about how you use our website, products and services.
g) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. The communication data may include the communication content and metadata associated with the communication.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you whether this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
a) Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services.
- create an account on our website.
- subscribe to our service or publications.
- request marketing to be sent to you.
- give us feedback or contact us.
c) Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
Technical data from the following parties:
- analytics providers such as Google, Facebook, Instagram, Twitter, Linkedin [add names of further social media analytics providers as and when required] based outside OR inside of India, e.g. Google, Facebook, Instagram etc.
- advertising networks such as Google, Facebook, Instagram, Twitter, Linkedin [add further social media and Adword networks as and when required] based inside OR outside of India. We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you
- search information providers such as Google, Bing and Yahoo based inside OR outside of India.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as VISA, MASTERCARD, RUPAY, Amex, PayTM, PayPal, Vemo [add further payment gateways as and when required] based inside OR outside of India].
- Identity and Contact Data from data brokers or aggregators such as Linkedin and Google ID upon consent for login based inside OR outside of India.
- Identity and Contact Data from publicly available sources.
4. Use of your personal data
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of the services offered on the website. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
a) Where we need to perform the contract we are about to enter into or have entered into with you.
b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interest would mean and include the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
c) Where we need to comply with a legal obligation.
We will take your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will process your personal data
We have set out below a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
a) Operations - We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business and/or to manage payments, fees, charges and recover debts due to us and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
c) Direct marketing - We may process contact information, individual identification, technical data, marketing and communications data, usage data and/or transactional data for the purposes of making suggestions and recommendations to you about goods or services that may be of interest to you and/or creating, targeting and with your consent send direct marketing communications by email, SMS, internet-based messaging applications, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users, to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy.
d) Research and analysis - We may process usage data, technical data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business, to use data analytics to improve our website, products/services, marketing, customer relationships and experiences. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally and to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy.
e) Record keeping - We may process your personal data for the purposes of creating and maintaining our databases (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data), back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy and the law, to prevent fraud and in the context of a business reorganisation or group restructuring exercise.
f) Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
g) Legal claims - We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
f) Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to analyse what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. You have the right to opt-out if such a request is received.
You can ask us or third parties to stop sending you marketing messages at any time by checking or unchecking the relevant boxes pertaining to alerts/email subscriptions/ SMS when you sign up or create an account on our website or at the privacy setting on the website OR through the opt-out links on any marketing emails we may send.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
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 and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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.
5. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out above.
a) Internal Third Parties as set out in the Glossary.
b) External Third Parties as set out in the Glossary.
c) Specific third parties set out above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We only permit third party service providers to process your personal data for specified purposes and in accordance with the law.
6. International transfers
We share your personal data [it would be preferred if the specific information is identified] with [Mention the entities or group of entities to whom data is transferred]. This will involve transferring your data outside the territory of India for [mention purpose].
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside of India.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised 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 periodically review our security safeguards and ensure compliance of necessary data protection regulations. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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 unauthorised 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, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
a) Request access to your personal data.
b) Request correction of your personal data.
c) Request erasure of your personal data.
d) Object to processing of your personal data.
e) Request restriction of processing your personal data.
f) Request transfer of your personal data.
g) Right to withdraw consent.
If you wish to exercise any of the rights set out above please contact our DPO through the contact details provided above..
No fee usually required
You will not have to pay a fee to access your personal data or exercise your legal right as provided above. However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Internal Third Parties
Other companies in the nVipani Group acting as joint controllers or processors and who are based in United States of America and provide IT and system administration services and undertake leadership reporting.
External Third Parties
- a) Service providers acting as processors based in [mention specific countries] who provide Server Infrastructure, IT and system administration services.
- b) Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in [mention specific countries] who provide consultancy, banking, legal, insurance and accounting services.
- c) Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in [mention specific countries] who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
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 and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- a) If you want us to establish the data's accuracy.
- b) Where our use of the data is unlawful but you do not want us to erase it.
- c) Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
11. Residents of the European Economic Area
If you have any questions about our data processing activities, the data controller you should contact is [please mention entity that would be based out of the EU to ensure compliance] with its registered office at [please specify address]. You can also contact our Data Protection Officer through the contact details provided above.
If you think that we haven't complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission or with your local supervisory authority.
Because [please mention the name of the site / service] is a worldwide service, we may transfer the personal data of EEA residents to a country outside the EEA. Where we transfer information from the EEA to a country that doesn't provide an adequate level of protection, we’ll only do so under appropriate safeguards to protect your information, like standard contractual clauses, or Privacy Shield certification.
12. Residents of the United Kingdom
If you have any questions about our data processing activities, the data controller you should contact is [please mention entity that would be based out of the UK to ensure compliance] with its registered office at [please specify address]. You can also contact our Data Protection Officer through the contact details provided above.
If you think that we haven't complied with data protection laws, you have a right to lodge a complaint with the Information Commissioner’s Office or with your local supervisory authority.
Because [please mention the name of the site / service] is a worldwide service, we may transfer the personal data of UK residents to a country outside the UK. Where we transfer information from the UK to a country that doesn't provide an adequate level of protection, we’ll only do so under appropriate safeguards to protect your information, like standard contractual clauses, or Privacy Shield certification.
13. Residents of California
The California Consumer Privacy Act (CCPA) requires us to disclose categories of personal data we collect and how we use it, the categories of sources from whom we collect personal data, and the third parties with whom we share it, which we have explained above.
- a) Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of personal data we collect, use, or share; (2) purposes for which categories of personal data are collected or used by us; (3) categories of sources from which we collect personal data; and (4) specific pieces of personal data we have collected about you.
- b) Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
- c) Right to Delete. You may submit a verifiable request to close your account and we will delete personal data about you that we have collected.
In order to verify your identity when you make a request, you may be required to log in to your password-protected account or respond to an email verification request.
In addition to exercising these rights yourself, you may also designate an authorized agent to make these requests on your behalf. In order to do this, we will ask you to verify the request directly via email or through your password-protected account.
We collect the following categories of personal data, we may have disclosed these categories of personal data for a business purpose to affiliates, service providers and third parties, as described above:
- a) Identifiers, such as your name, username, email address, phone number, unique device identifiers, and your IP address
- b) Personal characteristics protected by law, such as your gender and age
- c) Commercial information, such as purchases made, and payment information
- d) Internet or electronic network activity information, such as information about your device and your use of our services
- e) Geo-location data, which may be shared by you where it is necessary for the performance of a contract
- f) Electronic, visual, or similar information, such as photos
- g) Inferences we draw or derive about users, such as your purchase preferences, browsing behaviour or patterns
- h) Other information you provide, such as your profile and/or comments
We use and disclose this information for the business purposes described above, including to: provide our service, communicate with you to provide updates or respond to your comments and questions, audit our service, detect security incidents and prevent fraud, debug and repair errors, maintain your account, provide customer service, process or fulfill orders, conduct research and development and other activities to improve our service, show advertising, market our services, and understand how users interact with our services.