Privacy Notice
Last Updated on: July 26, 2024
We, Nihilent Ltd. and all our entities and subsidiaries (hereafter referred as "Nihilent," "we," "us," "our", "Company") are the owners and creators of the emoscape website ("Website") and product, accessible at https://emoscape.ai/ (herein referred to as "Product"), an AI-powered human face recognition model that focuses on emotions detection and calibration. Our Product helps businesses improve their performance through a human-centered approach by analysing customer emotions and behaviours such as real-time facial recognition, emotion analysis, behaviour tracking, and data-driven insights to enhance customer experience and drive business growth ("Services").
We respect data privacy rights and are committed to protecting personal data collected on our Product. This Privacy Notice ("Privacy Notice") sets forth how we collect, use and protect the personal information collected on the Product. This Privacy Notice applies solely for our Product, Nihilent has separate policies for its other products and website available at: https://www.nihilent.com/privacy-statement/.
PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY CLICKING ON THE CONSENT CHECK BOX, AND BY ACCESSING AND USING EMOSCPE, YOU AGREE TO THE TERMS OF THIS PRIVACY NOTICE OUTLINED BELOW. YOU HEREBY AGREE AND PROVIDE CONSENT TO THE COMPANY FOR PROCESSING PERSONAL DATA FOR THE PURPOSES AND THE SCOPE DEFINED IN THIS PRIVACY NOTICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL DATA ON OUR PRODUCT. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL ON DPO@nihilent.com.
IF YOU ARE ACCESSING OUR PRODUCT ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY NOTICE AND, IN SUCH AN EVENT YOUR USE OF OUR PRODUCT SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE PERSONAL DATA OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, THEN YOU SHOULD REFRAIN FROM USING OUR PRODUCT.
This Privacy Notice is an electronic record construed in accordance with data protection laws of the applicable jurisdictions.
We may collect your Personal Data in the following ways:
When the Company receives information from its Customer, the Company acts as a Processor and shall process data as per the instructions received by the Data Controller.
This section concerns the Personal Data of the User collected by the Customer, and such collection may be facilitated by us.
We will process the Personal Data for as long as we provide Services to the Customer and the Customer maintains active accounts of such Users.
The User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Data shared with us whether of its own or any third party. In the event the User is sharing any Personal Data on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Data with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Data shall be subject to the terms and conditions of this Privacy Notice.
We may use the Personal Data for the following purposes:
We do not sell, rent, share, distribute, lease or otherwise provide your Personal Data to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Data in the following cases:
We use cookies and/or similar in-house tracking tools to track user traffic patterns. Tracking tools also used are beacons, tags and scripts to collect and track information and to improve and analyse our Websites. We may ask you not to choose to disable cookies through your browser settings. For more information, please refer to our cookie policy here https://www.nihilent.com/cookie-statement/
We may also use your Personal Data collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Data shared with us. We may use this anonymized data for any purpose including but not limited to conduct research, analytical purposes, training artificial intelligence models and improving our Services. By using the Services and/or visiting our Website, you provide us the right to use your Personal Data to create anonymized data and use it for our business purposes.
We may transfer your personal data to locations in India or other such locations depending on the underlying infrastructure for our Product . All such transfers are subject to appropriate legal requirements as per the applicable privacy and data protection laws.
In accordance with applicable law, you have the following rights in respect of your Personal Data: Depending on the nature of the request, we may ask you to complete a Personal Data request form or seek certain details to verify the request. All requests for Personal Data will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please contact at DPO@nihilent.com.
We may send you communications including but not limited to (a) notices about your use of our Product and Services, including those concerning violations of use, (b) updates, (c) promotional information regarding our Services, and (d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing at DPO@nihilent.com with your specific request. DATA RETENTION
We will retain User's Personal Data as long as it is required to be retained for the purpose of provision of the Services, and upon fulfilment of such purpose we will either delete or anonymize your Personal Data so that it cannot be linked back to you. We may also retain and use User's Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, vital interest of individuals or other natural persons, performance of a task carried out in furtherance of public interest or in the exercise of official authority vested.
Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
We are committed to maintaining information security and protecting Customer/User data from potential breaches. We are ISO 270001:2013 certified and have implemented robust security measures to protect Personal Data. We cannot warrant the security of Personal Data transmitted as these systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we will take necessary measures to mitigate such events.
Our Website and Services are available for children. We define “children” as anyone under 18 years old. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child, please contact at DPO@nihilent.com.
This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between you and us, shall be submitted to the arbitration to be conducted in Pune, India in the English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by us, and the award made in pursuance thereof shall be binding on you and us. Subject to the arbitration provisions, you agree that the courts in Pune, India shall have exclusive jurisdiction over such disputes.
We reserve the right to modify this Privacy Notice at any time. If we modify this Privacy Notice or make any changes, the updated Privacy Notice will be available on our Website, and the date of the latest revision will be indicated. Please regularly visit our Website to stay informed of any updates or changes.
If you have any questions or concerns or grievances regarding this Privacy Notice or if users wish to withdraw their consent in relation to the processing of their Personal Data, you can reach out to our appointed Data Protection Officer via email at DPO@nihilent.com. Office address:
4th Floor, 'D' Block,
Weikfield IT Citi Infopark,
Nagar Road, Pune - 411 014 India