Privacy Policy

This privacy policy explains how we collect, use, and protect your personal information.

Please read this Privacy Policy carefully. It provides important information about your personal information. It also tells you about your rights under applicable privacy laws. If you have any questions, comments, or concerns regarding this Privacy Policy and/or our data practices, or would like to exercise your rights, please contact us.

1. INTRODUCTION

This Privacy Policy details certain policies implemented throughout (“AI Tool”) governing Nexby AI Solutions Private Limited (“Nexby AI”) collection and use of personally identifiable information about users of our AI Tool that we provide through the use of the Platform and/or Application (collectively, the “Services”) and users of our websites and blogs (“Sites”).  Capitalized terms not otherwise defined in this Privacy Policy have the meanings given to them in the Terms of Service.

Please note that certain information collected by us in connection with your use of the Services is controlled by the entity or other third party that has entered into the Terms of Service or other agreement (hereinafter, the “Agreement”) with Nexby AI for the access and use of the Services (such, entity and/or organization, the “Customer”) and Nexby AI shall not be responsible in any manner for violations of other third party in any manner.

If you access and/or use the Services as an authorized employee, contractor, and/or agent of the Customer you are deemed an “Authorized User” of the Customer. Whether that Customer is your employer, another organization, or an individual, that Customer determines its own policies regarding storage, access, modification, deletion, sharing, and retention of such information which may apply to your use of the Services.  If applicable, please check with the Customer about the policies and settings it has in place with respect to information you submit in connection with your use of the Services.

BY ACCESSING OR USING THE SITE AND/OR SERVICES (OR ANY PART THEREOF), OR SUBMITTING INFORMATION IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY POLICY.

2. CHANGES TO THE PRIVACY POLICY

Nexby AI reserves the right to update or modify this Privacy Policy at any time. The revised Privacy Policy will be posted on our Site at www.nexby.ai.  All updates and modifications to Privacy Policy will be effective from the day they are posted online (except as stated below). If we make any material changes to Privacy Policy, we will notify you of these changes by posting a notice of the changes on the Site and through the user interface of the Platform.  It is your responsibility to regularly visit and review the Privacy Policy.  If you do not agree to any updates or modifications to the Privacy Policy, simply do not use or access the Site and/or Services (or any part thereof). Your continued use of the Site and/or Services after we have posted the updated Privacy Policy, or, in the event of material changes, ten (10) days following the date we posted the notice of such changes on the Site and/or through the Platform, as applicable, signifies to us that you acknowledge and agree to be bound by the revised Privacy Policy.

3. INFORMATION WE COLLECT

Registration Data.In order to use our Services, we require you to submit your personal data to us.  When you register to use our Services, you will be required to provide us with personal data such as your email address and password. You also have the option to provide us with other personal data, such as your company's mailing address and your title.

Presentation Data.You may upload personal and confidential information into the Services as a part of leveraging AI Tool.  It is your responsibility to review the ToS (terms of service) and only upload data that is appropriate and that you have a legal right to.

Social Media Data. If you post any comments on our blogs and/or social media pages, we will collect any personal data that you elect to include, including at a minimum your user_ID (typically e-mail) and display name.

Communications Data.If you contact us, we will collect any personal data that you include in your communications to us.

Referral Contact Information.If you refer and/or invite a prospective customer to use the Services as part of our refer a friend program, we will collect the contact information of such prospective customer, including their name and email.

Usage Data.We collect certain usage information and data when you interact with the Sites and/or Services. Usage Data that we collect consists of information about your interactions with the Site and/or Services, including information about the device used by you to interact with and/or access the Site and/or Services, including, without limitation, IP address, access dates and times, information about your approximate location (as determined through your IP address), mobile device information, device event information, crash data, and log data when you access and use the Site and/or Services track the total number of visitors to our Site and Services and login times, External Web Sites (as defined below) linked to, browser type, IP addresses.

Aggregate Data.With the Registration Data, Communications Data, Other Data and/or Usage Data collected by us, we process “Aggregated Data”, such as statistical or demographic data. Aggregated Data may be derived from personal information, but is not considered personal information under the law if it does not directly or indirectly reveal an individual’s identity. If we combine or connect Aggregated Data with personal information so that it can directly or indirectly identify an individual, we treat the combined data as personal information, which will be processed in accordance with this Privacy Policy.

IMPORTANT – PLEASE NOTE, if you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us and that, without us taking any further steps required by data protection laws, we may collect, use and disclose such information for the purposes described in this Privacy Policy. For example, you should ensure the individual concerned is aware of the terms detailed in this Privacy Policy.

4. HOW WE USE YOUR INFORMATION

We use your Registration Data, Other Data and Communications Data to deliver you our Site, the Services and information you have requested, verify your authority to enter certain password protected areas of the Services, detect fraud, illegal activities or security breaches and improve the content and general administration of the Site and our Services.

If you are a user of our Services, we will use your Registration Data, Other Data and Communications Data to provide the Services and support to you. In order to provide maintenance and updates on our Services, we may need to access your account and may be able to view the presentations and data you have input into the Services. We also will provide you with notifications about your account and your use of the Services and other services that we believe may be of interest to you.

If you participate in our refer a friend program, we use referral contact information provided to us to refer our Services to individuals that you have invited, and to perform our obligations to you as set forth in the refer a friend program.

We use Usage Data to better understand how our Site and Services are used (which may include administrative and support communications with us or whether you have clicked on third-party links) and to detect fraud. We use this information for our internal purposes, specifically to operate, maintain, secure and improve the Site and/or Services, and to analyze trends, administer the Services, track users' movement, and gather broad demographic information for aggregate use. We may also analyze this data for trends and statistics in the aggregate. We may also use this information to provide you with notifications, recommendations, and information about specific features of the Site and/or Services and/or additional products, services, or features we believe may be of interest to you.

5. COOKIES AND ONLINE TRACKING

We or authorized third parties collect certain information, including Usage Data, by automated means using cookies, web beacons, and server logs for analytic purposes.  We use persistent cookies. A persistent cookie remains on your hard drive for an extended period of time.

We may set a persistent cookie to store your login data. Persistent cookies enable us to enhance the experience on our Site and Services so you can login without re-entering your account information. If you reject cookies, you may still use our Site and Services, but your ability to use some areas of our Site and/or Services may be limited.

Nexby AI itself does not track users over time and over multiple websites and does not respond to browser do not track signals. However, third party providers of external services like web traffic analysis services, such as HubSpot and Google Analytics, may track users over time and over our Site, Services and third party apps or websites and such third parties may also place cookies, via our Site and Services. You can read more about privacy and cookies set by Google Analytics at https://www.google.com/policies/privacy/.

6. DISCLOSURE OF INFORMATION

We provide your personal data and the data generated by cookies and the aggregate information to certain third parties however, we do not take any responsibility for the same Customer and/or End User shall be independently responsible for dealing with such third party.

Vendors and Service Providers.We provide your data to the vendors and service agencies that we may engage to assist us in providing our services to you.  For example, we use Google Cloud Hosting to host our Site and Services. Such third party entities are obligated to use your personal data solely to provide the services to us.

To the Customer.We will share and disclose personal information of Authorized Users with the Customer and otherwise in accordance with the Customer's instructions, including any applicable terms in the Agreement, and in compliance with applicable law and legal process.

Other Users.We will provide the third party collaborator with your email address so that they know who requested their collaboration. Please note that Nexby AI will not be able to contain or retrieve personal information once it has been shared or disclosed, and Nexby AI will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others.

Legal Obligations and Security.We will disclose your personal data if we reasonably believe we are required to do so by law, regulation or other government authority or to assist in any governmental or law enforcement investigation, to protect our or our users' rights or to enforce our terms of use. If we are required to disclose personal information by law, such as pursuant to a summons, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you, or the Customer if you are an Authorized User of such Customer, with prior notice that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we notify the user when it has expired or once we are authorized to do so.

Note that if we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information to law enforcement trying to prevent or mitigate the danger (if we have it), to be determined on a case-by-case basis.

7. MARKETING COMMUNICATIONS

If you have not otherwise opted out, or if you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about the Site and/or Services, other Nexby AI products and services, new product releases, and new feature releases of the Site and/or Services that we think may interest you. We carry out direct marketing by email.

You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing emails. We will use commercially reasonable efforts to process such requests in a timely manner. You cannot opt out of receiving transactional emails related to the Site and/or Services (e.g., requests for support).

8. PAYMENT PROCESSING AND REFUND POLICY

We do not directly collect your payment information and we do not store your payment information. We do not provide any refund to the Customers under any circumstances. We use third-party, PCI-compliant, payment processors, which collect payment information on our behalf in order to complete transactions. Our administrators are only able to view limited transaction information via our payment processors’ portals. Please review the privacy policies of our payment processors to learn more about how they collect, process and protect your personal information.

9. SOCIAL PLUGINS ON OUR SITE

We may use social plugins on our site and may include icons that allow you to interact with third-party social networks.  For example, you may be able to sign up and login using your Google credentials and we will receive your Google username. The third party social plugin may set a cookie when your browser creates a connection to the servers of such social networks and the plugin may transmit your data to the social networks.

Your use of these social plugins is subject to the privacy policies of the third party social networks.

10. SENSITIVE DATA

Nexby AI does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic, and biometric data to use the Site or Services.

11. LINKS TO THIRD PARTY SITES

The Site and Services may provide links to other Web sites or resources over which Nexby AI does not have control ("External Web Sites").  Such links do not constitute an endorsement by Nexby AI of those External Web Sites.  You acknowledge that Nexby AI is providing these links to you only as a convenience, and further agree that Nexby AI is not responsible for the content of such External Web Sites.  Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

12. SECURITY

We employ industry standard procedural and technological measures that are reasonably designed to help protect your personal data from loss, unauthorized access, disclosure, alteration or destruction. Nexby AI uses a secure socket layer, password protection and other security measures to help prevent unauthorized access to your personal data.

13. DATA RETENTION

We will only keep your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 unauthorized 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 requirements.

By law we have to keep basic information about our customers, such as payment data, generally for seven years after they stop being customers for tax purposes. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law.

14. UPDATING AND DELETING PERSONAL DATA

Nexby AI provides you with the ability to review, update and/or delete certain contact information that you provide to us by accessing your account.  Your right to access your personal data may be restricted in exceptional circumstances, including, but not limited to, when the burden or expense of providing this access would be disproportionate to the risks to your privacy in the case in question, or when the rights of persons other than you would be violated by the provision of such access. If we determine that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have.

Requests sent to us for personal data access, modification, deletion or correction requests, will be responded to promptly.

You have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance.

15. CONTACT US

If you have any questions regarding this Privacy Policy, please contact us via email at legal@nexby.ai.