1. Introduction

   1. This privacy policy (“Privacy Policy”)  is created by NXTDIGITAL Ltd (NDL) for the users and visitors of  the Online platform (Platform) named _________ (“User/You/Your”). 

   2. NDL is committed to ensure that your privacy is protected, pursuant to which this Privacy Policy has been created to set out the manner in which NDL procures, uses and protects any information that given by its Users. Should NDL ask You to provide certain information by which You can be identified when using this Platform, then you can be assured that it will only be used in accordance with this Privacy Policy. 

   3. This Privacy Policy applies to all visitors to the Platform. By visiting and/or using our Platform, You agree to this Privacy Policy. NDL may amend this Privacy Policy from time to time by updating this page. You should check this page regularly to ensure that You are aware with any changes. 

   4. When we say “our”, “we”, or “us”, we’re referring to NDL.  (which expression shall include its successors and assigns). This Privacy Policy (“Privacy Policy”) applies to our App, services, features and software (hereinafter collectively referred to as “Services”) unless specified otherwise.

   5. This Privacy Policy is part of our Terms of Service and applies to the Personally Identifiable Information that is collected in connection with the download, installation and use of the App and related services. We have created this Privacy Policy to demonstrate our commitment to the protection of Your privacy and Your personal information. 

   6. Your use of and access to the Services is subject to this Privacy Policy and Terms.

   7.  By using the Services or by otherwise giving us Your information, You shall be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy. 

   8. You hereby consent to our collection, use and sharing, disclosure of Your information as described in this Privacy Policy and further utilization of it NDL as per its business requirement. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. If You use the services on behalf of someone else, You represent that You are authorised by such individual to accept this Privacy Policy on such individual’s behalf, and consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s information as described in this Privacy Policy.

   9. If You do not agree with this Privacy Policy, You must not use our App and Services.

2. INFORMATION COLLECTED

The App receives or collects information in the following manner:

1. Information You choose to provide us voluntarily.

2. Information we get when You install, access, or use our App and Services.

3. Information we get from third parties.

4. Information we request in order for You to provide access to our Services

The information collected from you by the Company may constitute ‘Personal Information’ or ‘Sensitive Personal Data or Information’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, as amended.

1. INFORMATION YOU CHOOSE TO PROVIDE

9. Your Account Information: You shall be required to provide Your mobile phone number, name and mobile device along with other relevant information to create an account on our App. You may also add other information to Your account, such as a Name, User name, email id, Aadhar Card, Passport details, PAN Card or Driving License number etc.

(ii)    Customer Support: You may provide us with information related to Your use of our Services, including copies of Your messages, and how to contact You so we can provide You customer support. For example, You may send us an email with information relating to our app performance or other issues at [email protected]

2. AUTOMATICALLY COLLECTED INFORMATION

9. Usage and Log Information: We collect service-related, diagnostic, and performance information. This includes information about Your activity such as how You use our App and Services, log files, and diagnostic, crash, App, and performance logs and reports. 

(ii)    Transactional Information: If You use our App and Services for purchase or other financial transactions, we may receive payment information such as Your credit or debit card number and other card information, and other account and authentication information, as well as billing, payment receipts, shipping and contact details.

3. Device and Connection Information: We collect device-specific hardware and software information when You install, access, or use our App and Services. This includes information such as hardware model, operating system information, browser information, device memory, IP address, mobile network information including phone number, advertising identifiers, unique application identifiers, language, battery level applications installed and device identifiers and time zone.

4. Phonebook / Contact Information: In order to provide Services, the App may with Your consent, collect information from Your contacts and periodically access Your phonebook or contact list on Your mobile phone to locate the mobile phone numbers of other Service users.

5. Location Information: With Your consent we collect Your device’s precise location information using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses, if You use our location features, such as when You choose to share Your location with Your contacts, view locations nearby or those others have shared with You, and the like, and for diagnostics and troubleshooting purposes such as if You are having trouble with our Service’s location features.

6. Information from websites and apps that use our Services: We collect information when You visit or use third-party websites and apps that use our Services. This includes information about the websites and apps that You visit, Your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to You or us.

7. Information from third-party partners: We receive information about You and Your activities on and off our Services from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about Your experiences or interactions with them.

8. Information collected by Cookies and other Technologies: We use cookies and other technologies, such as pixels, web beacons, web storage and unique advertising identifiers, to collect information about Your activity, language preferences, browser, and device as well as to operate and provide our Services, including to provide our Services that are web-based, improve Your experiences, understand how our Services are being used, and customize our Services as well as measure traffics and usage trends for the Services.

9. Information collected from tracking Platform usage: We may track certain information about the content viewed and your visit to our Platform. This information may include the platform that you just visited, which platform you next visit, your computer browser information, your mobile phone OS version.

The aforesaid data will not provided to a third party entity, in case if provided will be limited for data analytics and curating content as per Your previous inputs and logs.

3. INFORMATION RECEIVED FROM THIRD-PARTY

1. Your Information provided by Others: We may receive information other people provide us, which may include information about You. 

2. Third-Party Providers: We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our App and Services. These providers may provide us information about You in certain circumstances; for example, third party application stores may provide us reports to help us diagnose and fix service issues.

3. HOW INFORMATION IS COLLECTED

1. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

2. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

3. We will only retain personal information as long as necessary for the fulfilment of those purposes.

4. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

5. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

4.  COOKIES

1. We use data collection devices such as "cookies" on certain pages of our Platform. "Cookies" are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie". Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users.

2. Third party vendors including google.com (“Google”) may use cookies to serve ads based on your visits to this Platform. You may visit the Platform of the third party and choose to opt out of the use of cookies for interest-based advertising, if the third party offers such an option. You may choose to opt-out of the DoubleClick cookie that Google and its partners use for interest-based advertising by visiting Ads Settings. (Alternatively, you can direct users to opt out of a third-party vendor's use of cookies for interest based advertising by visiting aboutads.info.)

3. The Platform also has enabled the Google Analytics Advertising, which allows Google to collect data about users on our Platform, in addition to Google advertising cookies and anonymous identifiers. You may choose to opt out of this by downloading and installing the Google Analytics opt-out add-on here https://tools.google.com/dlpage/gaoptout/

5.  EXTERNAL LINKS ON WEBSITE

1. The Platform may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.

2. You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

3. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Platform.

6. HOW WE USE INFORMATION

   1. The information collected directly from You or received due to Your use of third party services is used in the following ways:

      1. We neither share nor sell without Your consent, Your information, including personal information, such as Your mobile phone number and address book and any other information we may collect with any Third Parties for use for commercial, advertising and or similar marketing purposes without Your consent.

      2. Providing our Services: We develop, operate, improve, deliver, maintain and provide our App and Services, including verifying Your account, providing customer support, security, fraud-detection, archival, back-up and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, test and monitor new services and features, and conduct troubleshooting activities. We also use Your information to respond to You when You contact us.

      3. Safety and Security: We care about the security of Your information provided to us. We verify accounts and activity, and promote safety and security on and off our Services, for loss prevention, anti-fraud purposes, investigating suspicious activity and/ or violations of our Terms, and to ensure our Services are being used legally. We maintain technical, physical, and administrative security measures to protect the security of Your personal information against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use include firewalls, data encryption and information access authorization controls. We also store, use, and maintain Your personal information using procedures designed to limit its loss, theft, or unauthorized access, use, modification, copying or disclosure. When You enter Your login information and password, we encrypt the transmission of that information between the App and the server. Despite these efforts, You should know that we cannot fully eliminate security risks associated with information. You are also responsible for helping to protect the security of Your information and having a strong password that You’ve not used in other places is important. You hereby consent to provide accurate personal information and undertake not to share/provide/divulge information relating to Your password(s) and account registration to any third-party at any point of time. You hereby consent that all Your data shall be stored on a third party server and archived for a period not exceeding thirty (30) days from the date of deletion of the App from Your device. You shall not hold us responsible or make us liable at any point of time for any third party server issues or problems arising therefrom.

      4. Direct Marketing: We will allow You and third parties, like businesses, to communicate with each other using our Services, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. 

      5. We may also run contests, special offers or other events or activities ("Events") on the Service. If You do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.
         
         

7. STORAGE OF INFORMATION

   1. Your information collected through the App, including Your personal information, may be transferred and stored and processed in India. Your information, including personal information, may be transferred to jurisdictions that do not have data protection laws which are substantially similar to or serve the same purpose as the laws of Your jurisdiction.

   2. By registering for and using the Service You consent to the use and disclosure of information about You as described in this Privacy Policy as well as transfer of information to India or to any other country as explained in the preceding clause.

   3. We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify Your identity before granting You access to Your account. However, we cannot ensure the security of any information You transmit to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

4. We use a variety of generally accepted security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information – for example, we use encryption technology (such as SSL) to protect certain sensitive Information provided by You to us. Please be aware that despite our efforts, no data security measures can guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We do not warrant or guarantee the security of our Services or any information You provide to us through our Services.

5. We wish to clarify that our Services are not intended for —and we don’t direct them to—anyone who is below the age of 13 years. Therefore, we do not knowingly collect personal information from anyone who is below 13 years of age. However, if You believe that we have any personal information from any children under the age of 13 years, please contact us at [email protected]. We will promptly investigate(and remove) such information.

8. OUR DISCLOSURE OF YOUR INFORMATION

   1. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Platform. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.

   2. As a matter of policy, we do not sell, share or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:

      1. External Service Providers: There may be a number of services offered by external service providers that help you use our Platform. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy.

      2. Other Corporate Entities: We share much of our data, including personally identifiable information about you, with our parent, their subsidiaries/affiliates, and/or our subsidiaries/affiliates, as applicable, that are committed to serving your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing your browsing experience and providing our services to you. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information with our acquirer company and/or its subsidiaries/affiliates in order to continue to provide the service. You will receive notice of such event (to the extent that it occurs).

      3. Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. We shall share your information with law enforcement authorities in the following cases: 

1. to comply with applicable laws and regulations;

2. to comply with a court order, subpoena or other legal process, whether binding on us or any of our affiliates in any jurisdiction;

3. in response to a request by a government authority, law enforcement agency or similar body made to us or any of our affiliate companies (whether situated in Your jurisdiction or elsewhere);

4. where we believe it is reasonably necessary to comply with applicable laws or regulations;

5. when we have a good faith belief it is necessary to: detect, investigate, prevent and address fraud and other illegal activity, security or technical issues to protect ourselves, You and others, including as part of investigations;

6. protect the rights, property, and safety of our users and to prevent death or imminent bodily harm.

7. Information we receive about You may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

9. MANAGING YOUR INFORMATION

If You would like to manage, change, limit, or delete Your information, we allow You to do that through the following tools:

1. Access and Updates: We strive to let You access and update most of the personal information directly through our App. You can access and update most of Your basic account information right in our App by visiting the My Profile page. However, we may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. If You need to access, update, or delete other personal information that we may have, You can put in a request at [email protected]. Since Your privacy is important to us, we may ask You to verify Your identity or provide additional information before we let You access or update Your personal information. We will try to update and access Your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with Your request.

2. Revoking Permissions: If You change Your mind about our ongoing ability to collect information from certain sources that You have already consented to, such as Your phonebook or location services, You can simply revoke Your consent by changing the settings on Your device if Your device offers those options. Of course, if You do that, certain services may lose full functionality either partially or completely.

10. INTELLECTUAL PROPERTY POLICY: YOUR COPYRIGHTS AND TRADEMARKS

    NDL is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service ("Terms") by installing, accessing, or using our App, services, features and software. Our Terms do not allow our users to violate someone else's intellectual property rights when using our App, including their copyrights and trademarks.

11. COPYRIGHT OR TRADEMARK INFRINGEMENT CLAIM

You may report copyright and/or trademark infringement and request us to remove any infringing content we may be hosting, by addressing an e-mail to [email protected]. with details as set forth below:

1. Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide Your contact information, including Your name and email address (if provided), the name of Your organization or client who owns the rights in question, and the content of Your report to the person whose content You are reporting. You may wish to provide a professional or business email address where You can be reached.

2. A description of the copyrighted work or trademark that You claim has been infringed.

3. A description of the content hosted on our Services that You claim infringes Your copyright or trademark.

4. Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.

5. A declaration that:

   1. You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner You have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;

   2. The information in Your claim is accurate; and

   3. You declare, under penalty of perjury, that You are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.

   4. Your electronic signature or physical signature.

6. UPDATES TO OUR POLICY

We may amend or update our Privacy Policy. We will provide You notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms Your acceptance of our Privacy Policy, as amended. If You do not agree to our Privacy Policy, as amended, You must stop using our Services and deactivate Your account with us immediately. Please review our Privacy Policy from time to time.

12. DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.

Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.

Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Mumbai, India.

13. CONTACT US

If You have questions about our Privacy Policy, please contact us at [email protected].