PRIVACY POLICY
This document constitutes an electronic record in accordance with the Information Technology Act, 2000 and the applicable rules thereunder. NIVA is engaged in the business of selling electric kits to convert bicycles into e-bicycles and/or selling the electric bicycles, accessories. This Privacy Policy ("Policy" or "Privacy Policy") outlines the guidelines for the collection, storage, processing, use, disclosure and handling of personal data of the users, through its website www.getniva.com (the "Website") and the NIVA mobile application ("Application"), which offers various services ("Services").
The Policy also describes the measures we take to ensure the confidentiality, integrity and security of the information you provide us through the Website and Application, which is owned and operated by NIVA. By accessing or using the Platform, you acknowledge that you have read and understood this Policy and agree to be bound by its terms. Please review this Policy carefully before using the Website or submitting any personal information to NIVA. This Privacy Policy is an integral part of the Terms of Use published on our Platform ("Terms").
1. INTRODUCTION:
1.1 We respect the privacy of individuals who provide us with their personal information, including through visiting our Website and using our Application (collectively referred to as the "Platform"), which is owned and operated by the Company. For the purposes of this Policy, "NIVA", "Company", "we", "our" or "us" refers to Nisarga En-Tech Solutions Private Limited, along with its affiliates and permitted assigns. "You", "yourself" or "user(s)" refers to any individual (authorized user) who accesses or uses the Platform.
1.2 By (i) accessing the Website or Platform, (ii) submitting your personal information, or (iii) using any of the products and related Services provided by NIVA, you expressly agree to be bound by the terms and conditions set forth in this Privacy Policy and the Terms. Your personal information will be stored and processed in India, for the operation of the Platform and the provision of Services. By using the Platform and Services, you consent to the collection, storage and processing of your personal data by the Company. If you do not agree with the Terms of Use or this Privacy Policy, you should refrain from accessing the Platform or using the Services.
1.3 This Privacy Policy applies solely to the data collection practices of NIVA and its affiliates. It does not extend to third-party platforms or websites that may be linked to or accessible through the Platform, nor does it apply to entities not managed, owned or controlled by NIVA. We strongly encourage you to review this Privacy Policy regularly and stay informed about any updates or changes. Your continued use of the Platform after any modifications to this Policy will be deemed as your acceptance of such changes.
2. PRIVACY STATEMENT:
2.1 The protection of your personal information is of utmost importance to NIVA. This Privacy Policy explains what types of information we collect from users as part of our Services. It outlines the purpose for which the personal information is collected, how it is used, the means through which it is collected and the entities or persons who may have access to this information.
2.2 This Privacy Policy is published in accordance with the following legal requirements:
(a) The Digital Personal Data Protection Act, 2023 ("the Act");
(b) Section 43A of the Information Technology Act, 2000;
(c) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("Data Protection Rules");
(d) Any other applicable laws and rules read thereunder (present or future) or any statutory amendment or re-enactment thereof for the time being in force.
2.3 If you do not wish for your personal information to be used by us in the manner described in this Privacy Policy, please refrain from providing us with your personal information. Please note that by withholding or withdrawing your information, we may not be able to provide you with the complete range of our Services. You may not have access to certain features or functionality of the Platform or related Services and your overall experience with may be impacted.
3. COLLECTION:
3.1 When you visit our Website or Platform, for availing any of our Services, we may collect a variety of information that you agree to voluntarily provide us via the Website/Platform or while availing any Services, contact forms, or via a chat or phone session such as:
(a) Contact Information, such as name, email address, display picture, mailing address, phone number, IP address, geographic location, or phone number.
(b) Health and Biometric information regarding your wellness tracking.
(c) Information to enable us to check and verify your identity, e.g. your date of birth, such as Passport/ Aadhaar data/ Voter ID details.
(d) Billing Information, such as debit card number, credit card number and billing address; UPI ID; Unique Identifiers, such as username or password.
(e) Reviews or ratings, account settings, (including preferences as set out in the "Account" section of our Website / Platform).
(f) Information provided to us through our service, interaction with our customer service, participation in surveys or marketing promotions.
(g) We collect information about you and your use of our service, your interactions with us as well as information regarding your computer or other device used to access our service. This information includes your activity on our Platform, such as our products and search queries; details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings; device IDs or other unique identifiers, device and software characteristics (such as type and configuration), preferred language, connection information, statistics on page views, referring source (for example, referral URLs ), IP address (which may tell us your general location), browser and standard web server log information, information collected via the use of cookies, web beacons and other technologies.
(h) If you use a feature that requires payment of a fee, options like UPI, NEFT or Card modes will appear. In case of payments, we will redirect you to registered payment gateways such as razorpay, ccavenue, payubiz and other such registered gateways, as may be applicable. You may choose to store and save your payment details like card numbers with the respective gateway. We do not have access to this data. All payment transactions are processed through secure payment gateway providers. We do not store any card information (other than the last 4 digits of your card) in our servers.
(i) When you use one of our paid products, we track the web pages, and information that has been accessed by you, and store it on our servers. This enables us to track items that you have completed, and those that you need to see.
(j) Depending what services they are seeking, NIVA can ask for more information relating to address, billing information, certificates, academic information etc.
(k) NIVA can use technologies such as cookies, clear gifs, log files, and flash cookies for several purposes, including to remember your device, to help understand how you interact with our Website and Service, in order to provide a better experience.
3.2 For the purposes of this Privacy Policy, "Personal Information" refers to any information that identifies or can be used to identify you.
3.3 We may collect your Personal Information directly from you in the following circumstances:
(a) Registration and Account Information: When you register for or use our products or Services on the Platform, we collect information such as your name, email address, phone number, residential address and other necessary details for account creation, communication and service delivery.
(b) Payment Information: To facilitate payments for purchase of batteries, e-cycles and other Services, we collect payment-related information, such as bank account details, debit/credit card information, UPI IDs and billing addresses. This information is used to process transactions and manage subscriptions.
(c) User-Generated Content: We may collect content generated by you, including feedback, queries, responses, participation in community forums, assessments or other interactions. This content helps us improve our Services and enhance user engagement.
(d) Device Information: We collect information such as your IP address, browser type, device ID, operating system and device specifications to manage the Platform and understand how it is accessed.
(e) Usage Data: We track how you interact with the Platform, including pages visited, time spent on each page and other patterns of activity. This data is used to analyze usage trends and optimize the user experience.
(f) Cookies and Tracking Technologies: We use cookies, web beacons and similar tracking technologies to store preferences, collect analytics on user behavior and improve the Platform's content and advertising. These technologies help us provide a more personalized experience.
3.4 As part of our AI-driven personalized learning system, we collect and analyze user information to generate insights relating to user engagement, service performance, and overall experience on the Platform and related Services. Such insights may include assessments of customer support interactions, system usage patterns, and indicators relevant to preventive maintenance and service optimization. All analysis is conducted strictly for enhancing the functionality, reliability, and quality of the Platform and its Services, in compliance with Applicable Law.
3.5 We take appropriate security measures to protect your personal information from unauthorized access, disclosure, alteration or destruction. However, no method of data transmission or storage is completely secure and we strive to implement industry-standard security protocols to safeguard your data.
4. PURPOSE AND USAGE OF COLLECTION:
4.1 We use your Personal Information to provide the Services and to enhance your experience on the Platform. The purposes for which we use your information include:
(a) Providing Requested Services: Creating and managing your user account, processing payments for various Services (e.g., query resolution, feedback requests, etc.).
(b) Communication: Sending you important updates related to any modification to our Services or adding any additional products.
(c) Verification and Security: Sending verification emails and/or messages to confirm your identity, as well as for security purposes to ensure the integrity of your account and prevent unauthorized access.
(d) Marketing and Promotional Communications: Sending you marketing communications about NIVA's educational products, services and promotions, which may include relevant offers, discounts or new features, based on your interests and educational goals.
(e) Quality Monitoring and Security: Using AI and voice systems to monitor the quality of interactions between us, ensuring that your user experience meets our standards and improving security measures to protect your personal data and our platform.
(f) Platform Improvement: Analyzing user behavior, preferences and interactions to maintain, improve and personalize the user experience on the Platform. This also includes internal training and system updates to improve service delivery.
(g) Protecting Your Information: Ensuring the security of your personal information and protecting the Platform from fraud or unauthorized access. This includes the implementation of internal security measures and compliance with applicable data protection regulations.
(h) Managing IT Systems and Compliance: Managing and securing our IT systems, including identifying and mitigating fraudulent activity, ensuring compliance with relevant laws and improving the overall quality of our services.
(i) Legal Obligations: Exercising rights or obligations conferred or imposed by law, including responding to legal requests, regulatory requirements and legal demands for your personal information.
4.2 All information collected will strictly be used for legitimate, business and lawful purposes only and we ensure that your personal data is treated in accordance with this Privacy Policy.
5. LAWFUL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION:
5.1 We may process your personal information on the following lawful bases:
(a) Consent: We may process your personal information where you have given your explicit consent. This is generally applied to activities such as participation in surveys, consent to receive marketing communications or any other activities that are entirely voluntary. Please note that you can withdraw your consent at any time and doing so will not affect the lawfulness of processing based on consent prior to its withdrawal.
(b) Contractual Necessity: We may process your personal information when it is necessary for the performance of a contract between you and NIVA. This includes processing required to provide you with access to our Platform, facilitate payments for Services and to support our relationship with you as our user.
(c) Legal Obligation: We may process your personal information to comply with legal obligations that we are subject to, including but not limited to regulatory or legal compliance, record-keeping requirements and fulfilling reporting obligations.
(d) Legitimate Interests: We may process your personal information where necessary for the purposes of our legitimate interests or those of a third party, provided these interests are not overridden by your rights and freedoms. This includes processing necessary to improve our services, analyze user behavior to enhance the learning experience and monitor the Platform for security purposes.
6. SHARING:
6.1 We may share or disclose your personal information internally within the Company or with third-party service providers, affiliates or partners to provide you with access to the Services offered by NIVA. Some of the instances where we may share your personal information are:
(a) Third-Party Service Providers: We may share your personal information with relevant third-party service providers who assist us in delivering the Services including our products to you.
(b) Data Processors: We may share your personal information with third-party data processors who provide essential services such as cloud storage, payment gateways, customer support, data analysis and other related services. These third parties may help us detect and mitigate fraudulent activities or assist in legal investigations. They are obligated to handle your information in a secure manner and strictly in accordance with our instructions.
(c) Professional Advisors: We may share your personal information with our external professional advisors (such as auditors, legal advisors or accountants) who assist us in the management and operation of our business. These professionals are bound by confidentiality agreements.
(d) Affiliates: We may share your personal information with our affiliates who require access to this information to deliver the Services, manage our systems or provide customer support. These companies are subject to confidentiality and data protection obligations.
(e) Government Agencies and Law Enforcement: We may share your personal information with government authorities, law enforcement or other regulatory bodies, when required to comply with applicable laws or legal processes (such as subpoenas or court orders) or when we believe in good faith that such disclosure is necessary to protect NIVA's rights or comply with legal obligations.
(f) Business Transfers: In the event of a merger, acquisition, reorganization or sale of assets, we may share your personal information with the acquiring company or entity. The new business entity (or the combined entity) will continue to honor the terms of this Privacy Policy with respect to your personal information.
(g) Partners and Advertisers: We may share limited personal information, such as your name and email, with trusted partners for purposes such as loyalty program management or wellness centric community pages/websites/blogs/app, etc. Our partners may collect additional information such as your IP address, device ID and browsing details, which they may combine with other data from their own platforms. Additionally, they may place cookies or track similar data through their services.
7. LINKS TO OTHER SITES:
7.1 The scope of this Privacy Policy is limited to the Company's Platform and Services. Our Platform may provide links to other websites, applications or platforms that may be of interest to you. These third-party sites are not operated or controlled by NIVA and this Privacy Policy does not apply to such third-party websites. We encourage you to review the privacy policies of any third-party sites you visit, as they may process your personal information in ways different from how the Company does.
8. SECURITY PRECAUTIONS:
8.1 We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration or destruction. These measures include encryption, secure servers and adherence to industry standards for data protection. Whenever you update or access your account information, we ensure that such interactions are protected through secure server connections.
8.2 We will try to protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. We have standard SSL certification which basically helps us create a secure connection between our server and user to render any information or action. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres and information access authorization controls. Only user passwords are encrypted in 64−bit encryption and stored (since users generally use the same password on multiple sites), to prevent any kind of theft, piracy, or unauthorized access. If you believe your account has been abused or hacked, please contact us by sending us an email at support@getniva.com.
8.3 While we take reasonable steps to secure your information, please be aware that no method of data transmission over the internet or method of electronic storage can be guaranteed to be completely secure. Therefore, although we strive to protect your personal information, we cannot guarantee its absolute security. By using our Platform, you acknowledge the inherent risks involved in the transmission of data over the internet.
8.4 You are responsible for maintaining the confidentiality of your login credentials, such as your account username and password. Please ensure that you log out of your account when using public or shared devices. NIVA is not responsible for any unauthorized access or misuse of your account resulting from your failure to protect your login details.
8.5 In the event of a security breach involving third-party platforms or services that you may use in conjunction with NIVA's services, we cannot be held liable for any data compromises resulting from such external platforms.
9. USE OF CHILDREN INFORMATION:
9.1 The Company's Platform and Services are intended for use only by individuals who can form legally binding contracts under applicable laws. We do not knowingly collect or solicit personal information from children under the age of 18. If you are a parent or guardian and believe that your child has provided personal information to NIVA, please contact us immediately so that we can take the necessary steps to remove such information from our systems.
9.2 If you share personal information related to a child under the age of 18, you represent that you have the legal authority to do so and that you have obtained the necessary consent from the child's legal guardian. This consent must comply with the requirements set forth under applicable data protection laws. In cases where we collect personal data from children or individuals with disabilities, we will ensure that appropriate consent is obtained from the lawful guardian or parent in accordance with the applicable legal requirements, and we might require information for verifiable identification of such parent or legal guardian.
10. DATA RETENTION:
10.1 We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable laws, regulations or contractual obligations. The retention period will be determined based on the nature of the information, the purpose for which it was collected and our legal obligations. In some cases, we may retain your data to comply with statutory or regulatory retention requirements, to prevent fraud or misuse, to protect NIVA's legal rights or to defend against any potential legal claims. Once your data is no longer needed for the purposes stated above, we will securely delete your personal information.
11. YOUR RIGHTS:
11.1 We take every reasonable step to ensure that the personal information we process is accurate, complete and where necessary, kept up to date. If you inform us that any of your personal information is inaccurate (considering the purposes for which it is processed), we will take appropriate steps to correct it as required.
11.2 In accordance with applicable laws, you may have certain rights as a data subject. These rights may include the ability to access, correct, rectify, erase, object to, restrict or update your personal information. These rights can generally be exercised directly by writing to us on support@getniva.com.
11.3 You may designate another individual to exercise your rights on your behalf, as prescribed by applicable laws, in the event of your death or incapacity. If you need assistance with exercising your rights or have any queries regarding your personal data, you can reach out to us by contacting our Data Protection Officer at shriharis@nisharga/entech.com.
12. CONSENT:
12.1 By using the NIVA Platform or related Services or providing us with your personal information, you consent to the collection, use, storage, disclosure and processing of your information (including sensitive personal information) in accordance with this Privacy Policy. If you share personal information about other individuals, you confirm that you have the necessary authority to do so and that you allow us to use and share this information in accordance with this Privacy Policy.
12.2 By providing your personal information on the NIVA Platform or any affiliated platforms or third-party services, you consent to being contacted by us (or our affiliates, technology partners, marketing channels, business partners or other third parties) via SMS, instant messaging apps, calls or email for the purposes outlined in this Privacy Policy.
12.3 If your data is processed based on your consent, you have the right to withdraw that consent at any time, without affecting the legality of the processing done prior to your withdrawal. Such intimation regarding withdrawal of consent can be done by writing to us at support@getniva.com. However, please note that the withdrawal of consent will not be retroactive and will only apply going forward, in accordance with this Privacy Policy, related terms of use and applicable laws. Withdrawal of consent may affect your ability to access certain features of the NIVA Platform or limit the services we can provide if the information is deemed necessary for those services.
13. CHOICE/OPT-OUT:
13.1 We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners and from us in general, after setting up an account. If you do not wish to receive promotional communications from us then please unsubscribe by clicking on the unsubscribe link in the email or write to us at support@getniva.com.
14. GRIEVANCE OFFICER:
14.1 In accordance with applicable laws, NIVA has designated a Grievance Officer for addressing grievances or discrepancies raised by users who have provided their information through the NIVA Platform. The contact details for the Grievance Officer are as follows: [ALMT Comment to Company: Kindly provide the relevant details.]
Name: Srihari M Saragur
Address: 38, Mantri Courtyard, Talaghattapura , Bangalore 560109
Phone: 9845408870
Email:sriharis@nisarga-ente4ch.com
Contact Timings: 10:00 AM – 5:00 PM IST
Please direct any concerns regarding the misuse or violation of this Privacy Policy to the Grievance Officer at the contact details provided above.
14.2 NIVA shall make best efforts to respond to any of your grievance within 72 (seventy two) hours of receipt of the grievance.
15. GOVERNING LAW:
15.1 The terms of this Privacy Policy shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.
16. CHANGES TO THIS PRIVACY POLICY:
16.1 We encourage you to periodically review this Privacy Policy for any updates or changes. We may revise this Privacy Policy to reflect updates to our information practices. In the event of significant changes, we will notify you by posting the updated Privacy Policy on the NIVA Platform and, where required by law, by sending you an email notification. Your continued use of the NIVA Platform and Services after any such changes will constitute your acceptance of the revised Privacy Policy.
17. PRIVILEDGED/EXCLUSIVE SERVICE
By having a NIVA account, you have explicitly given consent for us to capture images (followed by analysis), camera/mic permissions to make video calls and record the same. This would be done by NIVA only in case of exigencies and not as a matter of standard practice of NIVA.
18. CONTACT US:
18.1 If you have any queries, concerns or complaints regarding the collection, use or processing of your personal information as described in this Privacy Policy, please reach out to us at support@getniva.com. We will respond to your request as promptly as possible.
