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.

1. DEFINITIONS
  1. "Personal Data" means any information/ data that relates to an identified or identifiable natural person;
  2. "Sensitive Personal Data" shall mean data that reveals your racial or ethnic origin, religious, political or philosophical beliefs; genetic data; biometric data for the purposes of unique identification; or data concerning your health;
  3. "User(s)", "You", "your" shall mean individual who access/use our Product and whose Personal Data is collected through our Product ;
  4. "Customer" shall mean an entity, organization or any individual person who subscribes to or avails the Product;
  5. "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data;
  6. "Processor" means a natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Controller.

2. WHAT PERSONAL DATA IS COLLECTED BY US?

We may collect your Personal Data in the following ways:

  1. Account Creation: We may collect Personal Data that you may share with us including but not limited to your name, email address, contact details, professional background, preferences and any other information as necessary, when registering our Product. The personal data can be used to identify authorised users and send reports.
  2. Information Collected through the Use of the Service. We collect your information when you access or use our Services such as facial biometrics which involves but are not limited to capturing and analyzing facial characteristics such as distance of a person from the screen, and the contours of the person's face, and detect the emotions of the subjects of those recordings in order to create a report. However, we do not store such identifiable biometric information.
  3. Online Identifiers and Log Data: When you use or access our Product, we may collect your operation system, browser type, platform type, the date and time you used our Services, error logs, etc.
  4. Payment Information: If you subscribe to our Services, we may collect information in connection with your payment. We may collect certain information such as full name, phone numbers, billing address, and email address to process your request. Please note that we use third party payment processors, to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers. Rather, all such information is provided directly by you to our third-party processor. The payment processor's use of your personal information will be governed by their privacy notice. We do not access, store or collect your credit/debit card information.
  5. Communications: We may collect information that you provide to us when you contact us to inquire about our Services or schedule a demo. Such information may include your first name, last name, email, phone number, company, and any other information you provide, including your interests in relation to our Service. We use this information to communicate with you about your inquiry or interests and schedule a demo of our Services.
  6. Career Opportunities: If you apply for an employment position, we may collect your information including but not limited to contact information, educational and work history, employment interests, information obtained during interviews and any other information you choose to provide.



3. WHAT PERSONAL DATA DO WE PROCCESS ON BEHALF OF THE CUSTOMER?

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.

  1. The Company as a Data Processor: The Customer sets the purpose and means of processing of such Personal Data. We process such Personal Data only on behalf of and on the instructions of the Customer and for the purpose of rendering our Services to the Customer.
  2. Customer Privacy Notice: If you are the User of our Product and your Personal Data was shared with us by the Customer, the privacy Notice of the Customer, on whose behalf we collect and process your Personal Data, will apply. This means that any enquiry, request, objection or complaint that you as a User may have in connection with the collection and/or processing of Personal Data that forms part of your usage should be addressed to and resolved by the Customer.
  3. Personal Data: Depending on the nature of services and Customer requirements the Company processes Personal Information on behalf of Customer/s. The Customer has complete control over the Personal Data and the Company processes the Personal Data on the Customer's behalf. Further, the Personal Data collected on behalf of the Customer may differ based on the specific requirements, the Company will remain the data processor and the Customer will be responsible for providing adequate privacy notices.
  4. Customer Responsibility: The Customer represents that it has acquired all necessary consents and/or relies on other appropriate legal basis for the processing of Personal Data of Users. Customer confirms that Users have been informed about that their Personal Data is transferred to the Company as a processor and other third parties used by the Company for the provision of Services.

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.



4. ACCURACY OF INFORMATION

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.



5. HOW WE USE YOUR PERSONAL DATA

We may use the Personal Data for the following purposes:

  1. to inform you about our Services and to respond to your requests,

  1. To provide you our Services;
  2. for the creation or development of business intelligence or data analytics in relation to the Services provided by us,
  3. to provide you with a better experience when you access our platform and to improve the Services,
  4. to provide services to our customers where we process personal Information on behalf of customers;
  5. to maintain and manage our website,
  6. to provide support for operations, provision of Services,
  7. to manage our relationship with you,
  8. for internal record keeping,
  9. and to comply with our legal or statutory obligations.



6. HOW WE SHARE YOUR PERSONAL DATA

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:

  1. Affiliates: We may provide your Personal Data to our affiliates to enable them to improve the Services, provide feedback and respond to their queries.
  2. Service Providers: We may share your Personal Data with the service providers who work with us in connection with operating our Product and/ or providing the Services. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Notice.
  3. Merger or Acquisition: We may transfer your Personal Data if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including our Product, to a third party. Any such third party or resultant entity that receives your Personal Data shall have the right to continue to use your Personal Data in line with the purposes set out herein.
  4. Safety, Legal and Regulatory Authorities: We may disclose your Personal Data if we believe that we are required to do so: (a) by law; (b) to comply with legal process or governmental requests; (c) to enforce our agreements; (d) to protect our operations; (e) to protect the rights, privacy, safety or property of the Company, you or others; (f) to protect our reputation and (g) to permit us to pursue available remedies or limit the damages that we may sustain.



7. COOKIES

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/



8. AGGREGATED ANONYMISED DATA

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.



9. INTERNATIONAL DATA TRANSFER

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.



10. YOUR PRIVACY RIGHTS

In accordance with applicable law, you have the following rights in respect of your Personal Data:

  1. right to access Personal Data in our possession,
  2. right to have us rectify or modify any such Personal Data,
  3. right to have us erase/delete your Personal Data,
  4. right to restrict us from processing such Personal Data,
  5. right to object to our use of Personal Data,
  6. right to withdraw consent at any time where we are relying on consent to process 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.



11. INFORMATION FOR SAUDI ARABIA USERS
  1. Applicability of Privacy Laws: We are bound by the Personal Data Protection Law (“PDPL”) and the Implementing Regulation of the Personal Data Protection Law (“IR”) for Personal Information provided by Users from the Kingdom through our Product.

  1. Transfer of your Personal Information outside of the Kingdom: We will ensure that the transfer of Personal Information is as per the requirements of the PDPL and its IR.
  2. Inquiries: If you have any concerns or complaints about our privacy practices or this Privacy Policy, you may contact us at DPO@nihilent.com. We will respond to your concerns/complaints within a reasonable period.



12. YOUR CHOICES AND OPT-OUT

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.



13. OTHER SITES, MOBILE APPLICATIONS AND SERVICES

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.



14. SECURITY PRACTICES

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.



15. CHILDREN'S PERSONAL DATA

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.



16. GOVERNING LAWS AND DISPUTES

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.



17. CHANGES TO THIS PRIVACY NOTICE

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.



18. HOW TO CONTACT US

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