PRIVACY POLICY

INTRODUCTION

 

Nimbuspost Private Limited (hereinafter “Nimbuspost”) recognizes the importance of privacy of its users and also of maintaining confidentiality of the information provided by its Users as a responsible data controller and data processer.

This Privacy Policy is an electronic record in terms of Information Technology Act, 2000 including all its amendments and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Privacy Policy provides for the practices for handling and securing user’s Personal Information (defined hereunder) by Nimbuspost and its subsidiaries and affiliates, if any.

This Privacy Policy is applicable to any person (‘User’) who purchase, intend to purchase, or inquire about any product(s) or service(s) made available by Nimbuspost through Nimbuspost’s Platform.Nimbuspost(website), mobile site and mobile application, including seller panel at www.nimbuspost.com (hereinafter collectively referred to as “Platform”), is owned and operated by Nimbuspost Private Limited a company incorporated under the Companies Act, 2013, with its registered office at C-586 First Floor, Front Side Flat No. 6, Paryavaran Complex New Delhi- 110030.
For the purpose of this Privacy Policy, wherever the context so requires “you” or “your” shall mean User and the term “we”, “us”, “our” shall mean Nimbuspost. For the purpose of this Privacy Policy, Platform means the website(s), mobile site(s) and mobile app(s).
By using or accessing the Platform, the User hereby agrees with the terms of this Privacy Policy and the contents herein. If you disagree with this Privacy Policy please do not use or access our Platform.
This Privacy Policy does not apply to any website(s), mobile sites and mobile apps of third parties, even if their websites/products are linked to our Platform. User should take note that information and privacy practices of Nimbuspost’s business partners, advertisers, sponsors or other sites to which Nimbuspost provides hyperlink(s), may be materially different from this Privacy Policy. Accordingly, it is recommended that you review the privacy statements and policies of any such third parties with whom they interact.
This Privacy Policy is an integral part of your User Terms and Conditions with Nimbuspost and all capitalized terms used, but not otherwise defined herein, shall have the respective meanings as ascribed to them in the User Terms and Conditions.
You consent to the terms of ourPrivacy Policy and to our processing of such Personal Information for the purposes explained in this policy by registering on the Platform or by subscribing to our Services.The terms of this privacy policy will be effective upon your acceptance of the same from your designated electronic mail address or in any other form of electronic record including, if applicable or provided, clicking on the check box of “I Agree” / “Accept” button or by any other means which construe your acceptance of the Policy.
Please read this Privacy policy carefully. By using the Platform which includes the website, digital applications including but not limited to Mobile Applications, you indicate that you understand, agree and consent to this privacy policy. If you do not agree with the terms of this privacy policy, please do not use this Platform. You hereby provide your unconditional consent or agreements to Nimbuspost as provided under section 43A and section 72A of information technology act, 2000. Should you disagree with this Policy and still continue to access the Platform and provide your personal information, Nimbuspost disclaim all the liabilities arising therefrom and it shall be assumed by your continued use of the Platform that you have accepted the Policy and any other online terms and conditions available on the Platform including any changes therein from time to time. This Privacy Policy shall be read together with the respective Terms and condition of Nimbuspost.
This Privacy Policy sets out how Nimbuspost uses and protects any information that you provide when you use our Platform for any transaction. We are committed to ensuring that information shared by you is protected and we assure you that it shall solely be used in accordance with this Privacy Policy.

 

1. ELIGIBILITY

You must at least 18 years of age to transact directly with Nimbuspost and also to consent to the processing of your personal data.

 

2. PRIVACY

Your privacy is of utmost importance to us. We follow systematic and stringent procedures to protect the security of the information / data shared with us and stored on our Platform. The information that you have shared on our Platform is stored in secure server with encryption and can be accessed only for official purposes. Any of our employees who violate our privacy and/or security policies related to User’s data is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

 

3. REGISTRATION

Upon signing up on our Platform, you are required to provide us with certain basic mandatory information inter-alia Your name, title, physical address, phone number, e-mail address, location, consignment details, details regarding Your credit/debit Card and other sensitive information. We assume all the information provided by you is true, accurate, current, non-misleading, consistent and relevant. Once the registration process is completed, the said e-mail id and password can be used to access your account every time you visit the Platform.

 

4. INFORMATION THAT WE COLLECT AND THAT YOU PROVIDE

 

I. PERSONAL INFORMATION

Personal Information means and includes all information that can be linked to a specific individual/legal entity or to identify any individual or legal entity, such as:

a. Information which you provide while subscribing to or registering on the Platform, including but not limited to information about your personal identity such as name, gender, marital status, religion, age etc., your contact details such as your email address, postal addresses, telephone (mobile or otherwise) and/or fax numbers. Details of any transactions that You carry out through our Platform or application using your User Account and of the fulfillment of your requests;
b. KYC details;
c. Corporate Information,
d. Designation,
e. Human Resources Data for Corporate User
f. Details of any credit, debit or other card used by you for transactions on Platform;
g. Details of any bank account (including but not limited to, account holder, account name, account number, sort code, online banking PIN, Transaction Authentication Number “TAN” and password, available balance and transaction history of Your bank account), ITR, TAX certificates or any other income documents as necessary by us;
h. Any correspondence sent by you to us;
i. Survey that you complete through the Platform or based on our request;
j. Your participation in any promotion sponsored by us;
k. Calls that we make to you or you make to us;
l. Information collected through Cookies;
m. Your IP address, log-in times, operating system and browser type;
n. Details of Your visits to our Platform are including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access whilst visiting our Platform.

 

II. COLLECTION OF INFORMATION

We collect personal data from you at several different points, including but not limited to the following:
• Registration at our Platform as a Seller/Merchant or correspond with us as a customer or prospective customer;
• when you visit our website;
• when you register as an end-user of our services and an account is created for you;
• when you contact us for help;
• when we run an ad campaign for collection of data;
• when you attend our conferences or webinars;

 

III. ANONYMOUS INFORMATION

Nimbuspost uses Cookies to collect information for record keeping purposes and makes it easier to navigate the Platform. Cookies are small text files that are stored on Users’ hard drives. We will not use cookies to collect Personal Information without getting your permission. We use both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while a User is logged into the site and expires when the User closes their browser. Persistent cookies are used to make tasks like logging into the site easier for returning Users by remembering a User’s login information. Persistent cookies stay on a User’s hard drive from one session to the next. You may choose not to receive cookies from us by following instructions in the website.

 

IV. INFORMATION COLLECTED BY SERVICE PROVIDERS

Nimbuspost shall engage independent service providers to provide certain Services related to our Platform. Access to any of Your Personal Information by these service providers is limited to the information reasonably necessary in order for the service providers to perform their limited services for us/User. We also insist that these service providers protect Your Personal Information in a manner consistent with this Privacy Policy and that the merchants shall not use or disclose your personal information for any purpose other than providing us with the products or services for which we have contracted. We will not sell, distribute or lease Your Personal Information to merchants unless:

a. Required by law such as to comply with a subpoena, or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify You in the event that we are required to provide Your personal information to service providers as part of legal process.
b. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a written government request.
c. If Nimbuspost becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, We will provide notice before personally identifying information becomes subject to a different privacy statement
d. To any other service providers with your prior consent to do so.

 

V. INFORMATION COLLECTED BY THIRD PARTY AD SERVERS

Third-party ad servers or ad networks may serve advertisements on the Platform. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Platform. They automatically receive Your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisementsand to personalize the advertising content. Nimbuspost does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks us to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such advertisers.

 

5. USE OF PERSONAL INFORMATION

i. We use personal information to provide You with Services You explicitly requested for, like the following:

a. To carry out Your instructions for making transactions using our services, including verifying that you have sufficient funds in Your Nimbuspost wallet or credit line to make such payments as may become due;
b. To operate and administer Your User Account for providing Services that You have requested;
c. To notify You about changes to our Service(s);
d. To comply with financial services regulations including retention of financial information and transactions;
e. For customer service, including answering questions and responding to feedback and complaints;
f. To provide you with information, products or services that you request from us or which we feel may interest you.
g. To allow you to participate in interactive features of the website or mobile application;
h. To improve our internal customer training,
i. For financial and identity checks, fraud prevention checks, anti-money laundering and credit checks;
j. To enhance the security of our Services;
k. To send you offers based on your previous orders and interests;
l. To complete optional online surveys which may ask you for contact information and demographic information (like zip code, age, gender)?

 

6. RETENTION OF DATA

Nimbuspost may be required, under applicable laws, to retain certain records for a period as suggested by regulatory authorities, which will include your personal data such as Your name, contact details, customer number and transaction history, (“Retained Data”). Other than the Retained Data, We will delete and destroy all Personal Information that we hold about you when you (or we) terminate Your User Account. We do not store your online banking login PIN, TAN and/or password. Please note that we will not store your credit card information.
Please note that we will never ask you to disclose you’re personal or security details by e-mail. If you receive any e-mail purportedly from Us requesting Your personal or security details, please do not respond to it (“Such E-mail”). Please forward any Such E-mail to Hello@nimbuspost.comand thereafter delete the e-mail immediately.

7. TRANSFER OF INFORMATION

i. We may share Your Personal Information with third parties to provide You with Services that We offer through the Platform, conduct quality assurance testing, facilitate creation of accounts, provide technical and customer support, or provide specific services, such as synchronization of Your contacts with other software applications, in accordance with Your instructions. These third parties are required not to use your personal information other than to provide the Services requested by you.
ii. We may share your Personal Information with our subsidiaries, joint ventures, or other companies under a common control that we may have now or in the future, in which case We will require them to honour this Privacy Policy. If another company acquires our company or our assets, that company will possess your Personal Information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.
iii. We may disclose Your Personal Information to third parties in a good faith belief that such disclosure is reasonably necessary to
a. take action regarding suspected illegal activities;
b. enforce or apply our User Terms and Conditions and Privacy Policy;
c. comply with legal process, such as a search warrant, subpoena, statute, or court order; or
d. protect our rights, reputation, and property, or that of our Users, affiliates, or the public.
iv. We may disclose information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors.

 

8. CHILDREN’S PRIVACY

We do not knowingly attempt to solicit or receive any information from anyone under the age of 18 years. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us immediately.

We will not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with yours.

 

9. CONSEQUENCES OF NOT PROVIDING PERSONAL INFORMATION

If you choose not to provide Your Personal Information that is mandatory to process your request, Nimbuspost may not be able to provide you the corresponding Services.

 

10. SECURITY

Nimbuspost has drawn up stringent security measures to protect the loss, misuse, and alteration of the information provided by you under our control. At any point of time, whenyou change or access your account information, we offer the use of a secure server. Once your information is in our possession,we adhere to strict security guidelines, protecting the information against unauthorized access. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

For example:
a. We use Secure Socket Layer (SSL) to encrypt the transmission of data on our Platform.
b. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems;
c. We restrict access to Personal Information to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations;
d. We are not responsible for third party circumvention of any privacy settings or security measures on Platform. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

 

11. SERVER LOGS

In order to ensure easy and comfortable surfing on our Platform, each time you visit our Platform the computer collects certain statistical information. These statistics are only used to provide us information in relation to the type of User using our Platform by maintaining history of page requests and at no point they identify the personal details of the User. We may make use of this data to understand as to how our Platform is being used.

 

12. EXTERNAL LINK

The Website may contain links that will redirect the Users to third party websites that may have access to the personal information of the User to which this Policy shall not be applicable. Thereby, every User agrees and acknowledges that accessing third party websites through links provided in the Website will solely be at the Users discretion.

Also, if this website contains links to other sites, our Company is not responsible for the security practices or the content of such sites.

 

13. HOW CAN YOU OPT FROM RECEIVING OUR PROMOTIONAL E-MAILS?

You will occasionally receive e-mail updates from us about new services, and other noteworthy items. We hope you will find these updates interesting and informative. If you wish not to receive them, please click on the “unsubscribe” link or follow the instructions in each e-mail message.

 

14. INTERNATIONAL USERS

The Website is hosted in India. If you are accessing the Platform from outside India, Your use of the Platform is governed by laws of India. You are transferring Your Personal Information to India, and you consent to that transfer.

 

15. OTHER INFORMATION

i. If you would like to view the information we have collected from you or you want to correct your information, please go to our Login page and log into your account to view the above details and to review your personal information.
ii. If you believe that any information we are holding about you is incorrect or incomplete, please email Us at hello@nimbuspost.com
iii. We will promptly correct any information found to be incorrect.
iv. We may change this policy from time to time by updating this page. We will post a notice on our home page that this Privacy Policy has changed.
v. It is your responsibility to review this Privacy Policy periodically as your continued use of this website and our services represents your agreement with the current Privacy Policy.
vi. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.
vii. This policy is effective from the date last updated.

 

16. CONSENT AND WITHDRAWL OF CONSENT

You consent to the collection and use of the information You disclose on the Platform in accordance with this Privacy Policy, by using Platform and/or by providing Your information, including but not limited to your consent, for sharing Your information as per this Privacy Policy.

You may withdraw your consent to submit any or all Personal Information or decline to provide any permission on its Platform as covered above at any time. In case, you choose to do so then your access to the Platform may be limited, or we might not be able to provide the services to you. You may withdraw your consent by sending an email hello@nimbuspost.com

 

17. UPDATES TO PRIVACY POLICY

We reserve the rights to revise the Privacy Policy from time to time to suit various legal, business and customer requirement. We will duly notify the users as may be necessary.

 

18. ENFORCEMENT

We may use the information collected, in connection with your use of Platform (including your personal information) in order to investigate, enforce, and apply our User Terms and Conditions and Privacy Policy.

 

19. DISPUTE RESOLUTION

You may always submit concerns regarding this Privacy Policy via email to us at hello@nimbuspost.com. Nimbuspost shall endeavor to respond to all reasonable concerns and inquires.

(In Your email, please describe in as much detail as possible ways in which you believe the Privacy Policy has not been complied with. We will investigate your complaint promptly.)

 

20. GOVERNING LAW AND JURISDICTION

In the event of any dispute arising between the parties with respect to this Policy, the same shall be referred to the sole arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The seat and place of arbitration shall be New Delhi, India and the decision of the Arbitrator shall be final and binding on both parties herein. The language of arbitration proceeding shall be English.

This contract shall be subject to the exclusive jurisdiction of courts in New Delhi, India and shall be governed by the Indian laws.

 

21. GRIEVANCE OFFICER

Any report of violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by in relation to the Website shall be communicated to the grievance officer. Our Grievance Officer shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: – Vikalp Sharma
Email Id: Vikalps@nimbuspost.com
Address: – LG006, Spring House Grand mall, Dec-28 Gurugram- 122001
Phone No. – 011-41179666

YOUR USE OF THE WEBSITE CONFIRMS YOUR AGREEMENT TO THE PRIVACY POLICY.