Updated as on: March 27, 2023
This Policy has been framed in view of the Information Technology Act, 2000 read with Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
If you have questions about this Policy, please contact us through email address provided on our Website. Users include the following: (i) visitors of the Website who avail any and/or all services and (ii) third party partners/vendors as determined from time to time.
- This Policy is an electronic record in the form of an electronic contract formed under the applicable law. This Policy does not require any physical, electronic or digital signature.
- By accessing or using the Website or otherwise giving us your information, you undertake that you have the capacity to enter into a legally binding contract vide this Policy, which constitutes a legally binding document between you and CyborgIntell under the applicable law, in particular, the Indian Contract Act, 1872.
- CyborgIntell will collect and process your personal and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations.
- This Policy seeks to ensure that any personal information or third-party information handled by CyborgIntell is managed in a way that is ethical, compliant and adheres to best industry practices.
- This Policy describes the types of information CyborgIntell collects, why and how CyborgIntell uses the information, with whom CyborgIntell shares it, and the choices you can make about CyborgIntell’s use of the information. CyborgIntell also describes the measures CyborgIntell takes to protect the security of the information and how you can contact CyborgIntell about its privacy practices.
- This Policy describes CyborgIntell’s current data protection policies and practices and may be amended/updated from time to time. Any changes to this Policy will become effective upon posting of the revised Policy on the Website. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.
- In order to avail any services on the Website, you may be using third-party information. You hereby explicitly agree that you have obtained explicit written authorization and consent by way of affixing the signature, digital or physical, from all such subjects/individuals whose information you verify/provide data against in the format required by the applicable laws in force, from time to time and store the same in its custody basis such laws. You hereby represent and warrant that CyborgIntell shall not be held responsible, liable or accountable in any manner or to any extent whatsoever, for your failure to perform obligations under this clause.
3. TYPES OF INFORMATION
- Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
- Personal Information.Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, physical temporary and personal address, telephone number, date of birth, age, gender, e-mail address or any other contact information, and any health information including hormonal health conditions, financial information including bank account details, credit/debit card details or such other payment information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to: passwords, financial information (bank accounts, credit and debit cards or other payment instruments), physical information. CyborgIntell limits the collection of Personal Information to that which is necessary for its intended purpose.
- Non-Personal Information.Non-personal information means information that does not specifically identify an individual or business, but includes information from you, such as your browser type, the URL of the previous websites you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. CyborgIntell may gather any non-personal information regarding how many people visit this Website, the pages they visit, their IP address, and the type of browser they used while visiting the Website (hereinafter referred to as “Non-Personal Information”). CyborgIntell may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by CyborgIntell.
Personal Information, SPDI, Non-Personal Information and any third-party information hereinafter shall be referred to as “Information”.
4. COLLECTION OF INFORMATION
- CyborgIntell may collect information from you when you (i) register on the Website; (ii) update or change personal details in your account; (iii) use the Website for any of the services being offered thereon; (iv) fill out the questionnaire called ‘Period Test’ on the Website; (v) participate in campaigns conducted by CyborgIntell on the Website (if any); and (v) download or update software.
- You hereby acknowledge and agree that all Information is provided by you to CyborgIntell voluntarily.
- CyborgIntell may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the Website like your browser type, your Internet Protocol (IP) address, your Operating System, your prior search results etc., which may or may not be publicly accessible.
- Information collected by CyborgIntell from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
- You may use the Website without providing CyborgIntell any Personal Information about yourself. However, you may not be able to access certain services of the Websites in case you choose to do so.
5. USE OF INFORMATION
Information collected by this Website will help informing the design and implementation of Website. The Website may also use information provided by you to operate and improve the functionality of the Website. Apart from this, Information collected/provided will be used to take steps in order to enter into any contract or carry out service obligations arising from any contract entered into between you and us, administering your account within the Website, verification of any financial transactions being carried out in relation to payments made through the Website.
- CyborgIntell may also use the Information you provide to fulfil your requests for the products and services offered on the Website, to respond to your inquiries about our offerings, and to offer you other products or services that CyborgIntell believes may be of interest to you.
- CyborgIntell uses the Information about others to enable it to procure information about them. From time to time, CyborgIntell may also use this Information to offer its products, programs, or services to them.
- CyborgIntell may use the Information to monitor your use of the services and may review and analyse the Information provided by you to provide you with customized service.
- CyborgIntell may use your Non-Personal Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services and identifying usage trends.
- CyborgIntell may also use your Information for measuring or understanding the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you, or to allow you to participate in interactive features of our service, when you choose to do so.
- Subject to and in accordance with applicable laws, CyborgIntell has the right to use your Information for the purpose of conducting promotional/marketing related activities on the Website, including but not limited to, using your Personal Information for making posters/banners to promote the services of CyborgIntell.
Information received from other sources. Website will combine such information with Information given by you and Information collected about you for our legitimate interests. Such Information along with the combined information shall be used for the purposes as mentioned above.
6. PROMOTIONAL UPDATES AND COMMUNICATIONS
- Website will share promotional updates and communications with your consent or, where applicable, in legitimate interest. Where permitted in legitimate interest, Website will use your Information for marketing analysis and to provide you with promotional update communications by email, telephone, text messages, in-application messages and/or push messages about new products and/or services. Website may also share your Information with third-party social media and other partner platforms in order to provide you with promotional update communications.
- You can object to further marketing at any time through their profile settings or by selecting the “unsubscribe” link at the end of all our marketing and promotional update communications.
7. INFORMATION SHARING
- CyborgIntell maintains your Information in electronic form on its devices and on the equipment of CyborgIntell’s employees. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis.
- We may also share your Information with certain third parties as set forth below:
- Authorized third-party vendors. The Information shared on this Website may be shared with third-party vendors who support this website, such as by providing technical infrastructure services, business analytics, and data processing who process your Information on behalf of the Website and in accordance with the applicable laws. This includes in supporting the services offered through the Website for: data hosting services, providing fulfilment services, distributing and communication being sent, supporting, or updating marketing lists, facilitating feedback on services and providing IT support services from time to time.
- Any member of the group, which mean and include subsidiaries, ultimate holding company and its subsidiaries, who support the processing of Information under this Policy.
- Legal and safety. Disclosure of Information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, detect fraud, and to protect and defend the rights, interests, safety, and security of the Website, its affiliates, owner, users, or the public at large. Apart from this, if bound under any additional duty to disclose or share your Information in order to comply with legal obligations or in compulsion of applicable law.
- Business transfers. Sharing of information in connection with a substantial corporate transaction, such as the sale of a Website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy that may have already been entered into or will enter into future agreements.
- With your consent. Sharing of information for any other purposes disclosed to you at the time we collect the information and pursuant to your consent for the furtherance of any service being rendered on the Website. For instance, if you request for services as a customer, then we will share only such personal information to facilitate and complete the services.
- Any access to third-party services, such as Facebook, Google, or Twitter etc, is done through the Website to share information about your experience on the Website with others; these services are outside the control of us. These third-party services may be able to collect information about you, including information about your activity on the Website, and they may notify your connections on the third-party services about your use of the Website, in accordance with their respective privacy policies.
- User Information may also be shared with carefully selected partners who may be specifically of interest to the user to fulfil their requirements. These companies may contact you by post, email, telephone, or fax for marketing or promotional purposes.
- In order to process your transactions, CyborgIntell may direct you to a payment gateway service provider of its own choice, which may have access to the Information provided by you while making such payment.
8. CONTROL OVER YOUR PERSONAL INFORMATION
- You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to CyborgIntell in writing through an email firstname.lastname@example.org requesting the same. If you at any time wish to rectify your Personal Information, you may write to CyborgIntell.
- Once you withdraw your consent to share the Personal Information collected by CyborgIntell, CyborgIntell shall have the option not to fulfil the purposes for which the said Personal Information was sought and CyborgIntell may restrict you from using the services on the Website and/or the Website itself.
9. RECTIFICATION/CORRECTION OF PERSONAL INFORMATION
- You shall have the right to review your Personal Information and/or SPDI (as the case may be) submitted by you on the Website and to modify or delete any Personal Information and/or SPDI (as the case may be), provided by you directly on the Website. You hereby understand that any such modification or deletion may affect your ability to use the Website. Further, it may affect CyborgIntell’s ability to provide its services to you.
- CyborgIntell reserves the right to verify and authenticate your identity and your account Information and/or payment Information in order to ensure accurate delivery of services. Access to or correction, updating or deletion of your Personal Information and/or SPDI (as the case may be) may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
- If you need to update or correct your Personal Information that CyborgIntell may have collected to offer you personalized services and offers, you may send updates and corrections to CyborgIntell email@example.com citing the reason for such rectification of Personal Information. CyborgIntell will take all reasonable efforts to incorporate the changes within a reasonable period of time.
10. INFORMATION RETENTION
- You agree that you will not submit any false information or any illegal or damaging content to the Website. CyborgIntell reserves the right to terminate access to or the ability to interact with the Website in response to any concerns CyborgIntell may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
- The Website shall retain your Information for:
- As long as you have an account on the Website in order to meet contractual obligations to you.
- For a period of 3 (Three) years after termination of services or closure of account by you in order to identify any issues and resolve any legal proceedings. The information can be retained for other legal or regulatory requirements.
- The Website shall return the available data in lump sum to you upon closure of account within 3 (Three) months of such closure.
- We may also retain information beyond this time for research purposes and to help us develop and improve our services with prior permission and intimation.
- The Website generally retains information until it is no longer necessary to serve the purposes for which it was collected. Following criteria laid down in Clause 11 hereinbelow shall be applied differently depending on case-by-case determination on components like the nature of the data, why it is collected and processed and relevant legal or operational retention needs.
- Security Disclosure. The security of your Information is important to us, however you understand that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Information, we cannot guarantee its absolute security.
- Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. In your browser permits, you may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Website and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.
12. PROTECTION OF INFORMATION
- CyborgIntell has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. CyborgIntell takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
- CyborgIntell considers the confidentiality and security of your information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and CyborgIntell will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while CyborgIntell strives to protect Information and privacy, CyborgIntell cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. CyborgIntell will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. Non-Personal Information will be retained indefinitely.
- Access to your online account on the Website is via. your email/username which is password protected and this helps to secure your account information. You are solely responsible for maintaining the security and confidentiality of your account, including passwords and the login credentials. To ensure safety of your Personal Information, you are advised against sharing your username and password with anyone. If you suspect any unauthorized use of your account, you must immediately notify CyborgIntell by sending an email to firstname.lastname@example.org. You shall be liable to indemnify CyborgIntell for any loss suffered by CyborgIntell due to such unauthorized use of your account.
- For any loss or theft of Information, due to unauthorized access to your device through which you use the Website or other reasons solely attributable to you, CyborgIntell shall not be held liable or responsible under any circumstance whatsoever. Further, CyborgIntell shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond CyborgIntell’s reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.
CyborgIntell does not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. CyborgIntell does not intentionally or knowingly collect Personal Information through the Website from anyone under that age. CyborgIntell encourages parents and guardians to be involved in the online activities of minor to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to consent on behalf of such person to CyborgIntell’s use of such person’s Personal Information as described in this Policy.
14. LIMITATION OF LIABILITY
- CyborgIntell is not responsible for any breach of security or for any actions or inactions of any third parties that receive your Personal Information.
- Notwithstanding anything contained in this Policy or elsewhere, CyborgIntell shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.
- As stated hereinabove, the term“Force Majeure Event” shall mean any event that is beyond the reasonable control of CyborgIntell and shall include, without limitation, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of CyborgIntell and which CyborgIntell is not able to overcome.
The Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls, and SSL (Secure Socket Layers) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the internet or wireless communication, and any Information you transmit to us you do at your own risk.
You have the option to ‘opt-out’ of all CyborgIntell’s newsletters and other general email marketing communications by way of links provided at the bottom of each mailer. CyborgIntell respects your privacy and in the event that you choose to not receive such mailers, it shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications.
17. LINKS TO THIRD PARTY WEBSITES
The Website may contain links and interactive functionality interacting with the websites of third parties. CyborgIntell is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, CyborgIntell strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
18. CHANGES TO THIS POLICY
CyborgIntell reserves the right to update, change or modify this Policy at any time. The Policy shall come to effect from the date of such update, change or modification.
19. APPLICABILITY OF THE TERMS OF SERVICE
20. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Shishir Suman
Address: #591, 15th Cross Road, 14th Main Road, Sector 4, HSR layout, Bengaluru 560102
Ph. No.: 09811164349
If you wish to make a complaint regarding any violation of the provisions of this Policy, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
21. HOW TO CONTACT US
If you have questions or concerns about this Policy, please contact CyborgIntell at email@example.com.