Cardbyte ai PRIVATE LIMITED
1. Introduction
We believe it is important for you to know how we treat information about you that we may receive when you engage with us. This Policy (“Privacy Policy”) sets out how CardByte AI Private Limited (“CAPL”) and its mobile application “CardByte” use and protect the personal data that you provide to us, or that is otherwise obtained or generated by us, in connection with your use of our cloud-based contact managementservices (the “Services”) and is devised to help you feel more confident about the privacy and security of your personal details. This Privacy Policy applies to all of our apps, services, features, and websites unless specified otherwise.
For the purposes of this Privacy Policy, “we”, “us” and “our” also refer to CAPL, and “you” refers to you, the customers, and users of the Services.
This Privacy Policy is incorporated into and considered a part of, the Terms of Service, and any terms not defined herein have the meanings ascribed to them in the Terms of Service. This Privacy Policy and the Terms of Service govern the collection of information and use of the Services offered by CAPL, and by using the Services you are giving CAPL permission to use and store such information consistent with this Privacy Policy and the Terms of Service.
2. Applicability
This Privacy Policy will apply to you if you reside outside the European Union (EU), European Economic Area (EEA), and Switzerland (“Europe”). Currently, we do not offer services to users residing in Europe, if you are a resident of Europe, please wait till we launch our services for European users.
3. Our relationship with you
It is important that you identify which relationship(s) you have with CAPL / CardByte to understand our data protection obligations and your rights relating to your Personal Information under this Privacy Policy. In this regard, please note that:
• A ‘User’ is an individual providing Personal Information (“Data Principal”) to us viaour website, mobile application, or other services, products, or platforms, such as by signing up for our digital Services or making an account and posting on the forums. Here, CAPL is a data fiduciary (“Data Fiduciary”).
• A ‘Customer’ is a specific type of User that has engaged us to act as an agent (“Data Processor”) by obtaining our Services. The Customer is the Data Fiduciary, and CAPL is their Data Processor.
• A “Customer End User” is an individual that provides their Personal Information to our Customers as a Data Principal. We do not control the purposes or the means by which their Personal Information is collected, and we are not in a direct relationship with Data Principal.
4. Privacy Principles
We clearly understand that you and your Personal Data/information is one of our most important assets. CAPL does not use your data to show you advertisements, if so instructed, and only stores the data that CAPL needs to function as a secure and feature-rich contact management service. When handling personal information, CAPL specifiesthe purpose of use as much as possible.
Notwithstanding anything to the contrary, the CAPL will process all personal data strictly in accordance with the provisions of the applicable laws of India. For the purposes of this Agreement, “Personal Data” and “Processing” shall have the meaning as defined in this privacy policy.
CAPL is firmly committed to the security and protection of the Personal Data / Information of our Users and Services. The CAPL Privacy Policy describes how we collect, use, share and process Personal Information and you acknowledge and agree that CAPL may collect, use, share and process Personal Data / Information as described therein.
5. Definitions
5.1 Services
Services mean www.cardbyte.ai and the CardByte App (contact management mobile application) operated by CAPL.
5.2 Personal Data / Information
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession) which you voluntarily provide to us either upon sign-up or through continued use of the Services. Personal Data includes but is not limited to, personally identifiable information, financial and payment information, authentication information, phonebook, contacts, SMS, and call-related data, microphone and camera sensor data, and sensitive device or usage data.
5.3 Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
5.4 Cookies
Cookies are small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you do not have to keep re-entering them whenever you come back to the site or browse from one page to another.
5.5 Data Principal
Data Principal means the individual to whom the personal data relates, and the lawful guardian of the individual where such individual is a Child or a person with a disability.
5.6 Data Fiduciary
Data Fiduciary means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
5.7 Data Processors / Service Providers
Data Processor / Service Provider means any natural or legal person who processes the data on behalf of the Data Fiduciary. For the purpose of this Privacy Policy, we are a Data Processor of your Personal Data. We may use the services of various Service Providers in order to process your data more effectively.
6. Acceptance of Privacy Policy
When You install and use the Services, CardByte will collect personal information from You and any devices You may use in Your interaction with our Services.
By accessing or using the Services, you do hereby warrant and represent that you have read, understand, and agree to all terms and conditions stated in the Privacy Policy, andthe said consent is free, informed, and unconditional. If you do not agree with or are not comfortable with any aspect of this Policy, you should immediately discontinue access or use of our Services.
In case of any grievance pertaining to the privacy policy, you may bring the same into the notice of our data protection officer via email at support@cardbyte.ai, or write to the concerned authority as and when prescribed by the applicable laws of India.
7. Information collection and its use
We collect several different types of information which you voluntarily provide to us for various purposes including providing and improving our Service to you. In this regard, the types of data collected by us are as under:
a. Personal Data
While using our Service, you may provide us with, or we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally, identifiable information may include, but is not limited to:
i. Email address;
ii. First name and last name;
iii. Phone number;
iv. Address, State, Province, ZIP / Postal code, City;
v. Work-related information such as company, job title, and work contact information;
vi. Image files such as your profile image, and paper business cards;
vii. Cookies and Usage Data.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
b. Contact Data
In order to effectively use our Service, you may provide us with, or we may ask you to provide us with certain personally identifiable information of your ‘contacts’ that can be used to contact or identify such persons ("Contact Data"). Such identifiable information may include, but is not limited to:
i. Email address;
ii. First name and last name;
iii. Phone number;
iv. Address, State, Province, ZIP / Postal code, City;
v. Work-related information such as company, job title and work contact information;
vi. Image files such as your profile image, and paper business cards;
vii. Cookies and Usage Data.
We may use your Contact Data to maintain the updated records of such persons in our database, contact such persons with newsletters, marketing or promotional materials, and other information that may be of interest to them.
c. Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data"). This Usage Data may include information such as your computer's / mobile device’s Internet Protocol address (IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
d. Location Data
We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Services. You can enable or disable location services when you use our Service at any time by way of your device settings.
e. Tracking Cookies Data
To make our Service work properly, we sometimes place small data files calledcookies on your device. The overwhelming majority of websites do this too.
8. Use of Data
We will not use your Personal Information for purposes other than those purposes described in this Privacy Policy or disclosed to you. From time to time, we may request your permission to allow us to share your Personal Information with third parties. You can choose not to share your information with third parties. When you limit the ways in which we can use your Personal Information, some or all of the Services may not be available to you.
We use your Personal Information for the following purposes:
• To provide the Services to you: When you want to participate in our affiliate program, we require certain information from you. Such information may include your contact, website and payment information, and information about your referrals. We share this information with our service providers or partners to the extent necessary to continue to provide you with the Services. We cannot provide you with Services without such information;
• To send you Service-related communications: We send administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information to you. Without such communications, you may not be aware of important developments relating to your account that may affect how you can use our Services;
• For identification, authentication, and security: We are committed to providing you with a secure experience on our Services. To do so, we process your Personal Information to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks. Without processing your Personal Information, we may not be able to ensure the security of our Services;
• To enforce terms, agreements, or policies. We process your Personal Information to actively monitor, investigate, prevent, and mitigate any alleged or actual prohibited, illicit, or illegal activities on our Services or violations of our posted user terms. In addition, we may process your Personal Information to enforce our agreements with third parties and partners, and / or collect fees based on your use of our Services. We may use any of your Personal Information collected on our Services for these purposes. We cannot perform our Services in accordance with our terms, agreements, or policies without processing your Personal Information for such purposes;
• To provide customer service. When you contact us with questions, feedback, concerns, disputes, or issues, we process your Personal Information so we can respond to you and resolve any issues. If we do not process your Personal Information, we cannot respond to your requests and ensure your continued use of the Services.
Designated Countries: For all purposes listed above, pursuant to the EU General Data Protection Regulation (“GDPR”) or any equivalent legislation (collectively “Data Protection Laws”), we process your Personal Information based on our contract with you.
• To engage in marketing activities: We may send you marketing communications based on your communication settings to inform you about relevant products and services; to deliver targeted marketing; to provide you with promotional offers; or to inform you about our events, webinars, or materials, including those of our partners. We process information about your usage of our Services and your contact information to provide marketing communications. You can opt out of our marketing communications at any time.
Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above.
• To conduct research and development: We pride ourselves in being innovative and continuing to offer you new, customized, or improved features on our Services. In order to do so, we process your Personal Information to better understand you and the way you use and interact with our Services. Without such processing, we cannot ensure your continued enjoyment of part or all of our Services.
Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above.
• To maintain legal and regulatory compliance: We process your Personal Information, in collaboration with service providers acting on our behalf, to pay our taxes or fulfill our other business obligations, and / or to manage risk as required under applicable law. We cannot perform the Services in accordance with legal and regulatory requirements without processing your Personal Information for such purposes.
Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information to comply with our legal obligations.
If you provide us Personal Information about others, or if others give us your information, we will only use that information for the use described when the information was requested. Please ensure you have proper consent to share such information with us.
9. Retention of Data
CAPL may retain the Contact Data submitted by Users for an indefinite length of time, even after the termination of your account or your relationship with us as governed by the Terms of Service, to preserve the integrity of our Services. We will not share Personal Information in backups with third parties unless compelled to by law.
10. Transfer of Data
Your information, including Personal Data and Contact Data may be transferred to and maintained on the computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. CAPL will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and applicable laws, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. You can also get a summary of your personal data which is being processed by making a formal request to CAPL.
11. Disclosure of Data
If CAPL is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, CAPL may be required to disclose your Personal Data, if required to do so, by law or in response to valid requests by public authorities, courts, government agencies.
Further, CAPL may disclose your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of CAPL, prevent or investigate possible wrongdoing in connection with the Service, protect the personal safety of users of the Service or the public, protect against any legal liability.
12. Security of Data
The security of your data is important to us, however, no method of transmission over the internet or method of electronic storage is absolutely secure. Though our service providers strive to use commercially acceptable means to maintain appropriate physical, technical, and administrative safeguards to protect the security and confidentiality of the Personal Information you provide to us.
However, even the best security measures are not foolproof, and we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. We cannot ensure or warrant the security or confidentiality of the Personal Information you transmit to or receive from us by Internet or wireless connection, including email, phone, or SMS because we have no way of protecting that information that is out of our control.
Further, we cannot ensure or warrant the security or confidentiality of the Personal Information you transmit to or receive from us by internet or wireless connection, including email, phone, or SMS because we have no way of protecting that information that is out of our control. We shall endeavor to prevent or correct any unauthorized access, leakage, loss, or damage of personal information and take all other necessary and proper precautions to safely manage personal information.
You are also responsible for the security of your Personal Information. Accordingly, you should choose a password of sufficient length and complexity when you use our Services and keep your password confidential. If you think there has been unauthorized access to or use of your account, please contact us immediately at support@cardbyte.ai.
13. Requests to Access, Edit, or Delete Information
You may edit your account information yourself when logged in to the Services at any time – all you need is your username and password. CAPL shall, upon request and promptly using commercially reasonable efforts, correct, delete, and / or block Personal Information from further processing and / or use except to the extent required by law. CAPL may, subject to just commercial restrictions, allow you to delete the Personal Data involving personal identifications from CAPL’s servers. For deletion of the same, you may request deletion of your Personal Information anytime by contacting CAPL at support@cardbyte.ai.
Instead of deleting your Personal Information permanently, you may also temporarilydeactivate your account to stop using the Services for a span of time, as desired. You may request deactivation of your account anytime by contacting CAPL at support@cardbyte.ai. To reactivate your account, just log back within 30 days of deactivating your account.
From time to time, we may ask for your consent to collect specific information such as your precise geolocation or use your information, for certain specific reasons. You may withdraw your consent at any time by contacting CAPL at support@cardbyte.ai.
Please note that for up to90 days, it is still possible to restore your account if it was accidentally deleted or wrongfully deactivated. After 90 days, we begin the process of deleting your personal information from our systems, unless:
1. we must keep it to comply with applicable law (for instance, if you make purchases within the App, some personal data may be kept for tax and accounting purposes);
2. we must keep it to evidence our compliance with applicable law (for example, if an account is blocked, we keep some account information and a record of the behaviour that led to the block - this information is retained for evidential purposes in case of queries or legal claims concerning the block);
3. there is an outstanding issue, claim, or dispute requiring us to keep the relevant information until it is resolved; or
4. the information must be kept for our legitimate business interests, such as fraud prevention and enhancing Users’ safety and security (for example, information may need to be kept preventing a user who was banned for unsafe behaviour or security incidents from opening a new account).
While CAPL would endeavor to delete the Personal Data from its servers, keeping in mind the complexities of tax, accounting, legitimate business interests, etc., such Personal Data may remain archived in encrypted / unencrypted form in CAPL’s servers, despite best efforts to delete the same.
Please also note that even after you remove / delete information about your Personal Data from your profile or delete / deactivate your account, copies of that information may still be viewable and / or accessed to the extent such information has been previously shared with others or copied or stored by others. Such commitment to delete the Personal Data is from CAPL’s records / servers only and does not in any manner include any obligation to delete from any third-party server who has already accessed such data in terms of this policy. If you have given third-party applications or websites access to your Personal Data, they may retain such information to the extent permitted under their terms of service or privacy policies.
We keep records of your communications with us, including any complaints that we receive from you about other Users (and from other Users about you) for 5 years after the deletion of your account.
14. Service Providers
We may employ third-party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related activities, or assist us in monitoring / analyzing how our Service is used. These third parties have access to your Personal Data and Contact Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
15. Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
16. Third-Party Services
CAPL may share or collect your Personal Information in collaboration with our third-party service providers, including companies that assist with payment processing, business analytics, data processing, account management, and other services. We instruct these third parties to not use your Personal Information themselves or share it with another party not under a similar contract to provide service to us, and to only use your Personal Information for the specific services we have requested for us or on your behalf.
17. Accountability
We will take all appropriate legal, organizational, and technical measures to protect your Personal Information, keeping in mind the nature of such data. CAPL shall hold those of its employees with access to Personal Information accountable for violations of this policy imposing sanctions, which include, where appropriate, the possibility of termination of contracts and employment.
18. Use of Services
Use of the Services under the app / website of the CAPL is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Act”). Persons who are ‘incompetent to contract’ within the meaning of the Act including minors, un-discharged insolvents, etc., are not eligible to use the Services. If you are a minor i.e., under the age of 18 years, you shall not register as a User of the Services and shall not transact on or use the Services. As a minor, if you wish to use or transact on Services, such use or transaction may be made by your legal guardian or parents on the app / website.
19. Amendment to the Privacy Policy
We might change / update our Privacy Policy from time to time in accordance with the applicable laws of India. 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. You are advised to review this Privacy Policy periodically for any changes. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended.
20. Governing Law and Jurisdiction
This Privacy Policy is governed by and operated in accordance with the laws of IndiaThe relationship pursuant to this engagement between you and CAPL shall be governed by the laws of India and all claims or disputes arising from or in relation thereto shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction in New Delhi.
21. Complaints
You can write to us in case of any grievance or complaint regarding to the processing of your Personal Information to our data protection officer via email at support@cardbyte.ai.
22. Contact Us
If you have any questions/suggestions about this Privacy Policy, please contact us via email at support@cardbyte.ai.