PRIVACY POLICY
Last updated on 10/10/2024
Nayaa Property
Services Pvt Ltd, a company duly incorporated under the applicable laws of
India, and having its registered office at Office no.2, Building no.1, B wing,
3rd Floor, Mangalmurti Complex, S.N.117/A/2 Parvati, Opp Axis Bank,
Sinhgad Road, Near Rajaram Bridge, Pune - 411009 (herein referred to as the “Company”),
owns and operates the interactive website www.nayaaproperty.com (hereinafter
referred to as the “Platform”) and the Services (defined later) rendered
thereof. We want to apprise you that your privacy is important to us and to
protect the Personal Information (defined below) of any person who registers on
or accesses the Platform for information purpose(s), we hereby provide this
notice explaining our privacy practices for the collection, storage, usage, and
protection of your Data (defined below). Kindly note, under this Privacy Policy
(hereinafter referred to as the “Policy”), the use of terms like “we”,
“us” and “ours” refers to the “Company” and the terms “you”, “your”, “yours”
and “user” refers to any “natural or legal person” who browses through the
Platform or avails the Services. The procedure for handling and securing the
Personal Information shall be governed by this Policy, which is published and
shall be construed in accordance with the provisions of the Information
Technology Act, 2000, Digital Personal Data Protection Act 2023, and
Information Technology (Reasonable security practices and procedures and
sensitive personal data or information) Rules, 2011 and the applicable legislation
relating to the privacy or data protection in other jurisdictions (hereinafter
referred to as the “Regulations”). By accessing the Platform, you hereby
acknowledge that you have read and understood the terms of this Policy and
agree to be bound by them. However, if you disagree, kindly exit the Platform
immediately as your continued access shall be construed as an acceptance of
this Policy.
1.
DEFINITIONS
Under
this Policy, the below-mentioned terms shall have the same meaning as those
assigned to them:
1.1
Applicable Law(s) shall mean and refer to all applicable
provisions of the prevailing laws, statutes, common law, regulations,
ordinances, codes, rules, guidelines, orders, permits, licenses, tariffs, and
approvals relating to this Policy.
1.2
Cookie(s) is a small piece of data/software code tracked
automatically and stored by your web browser or on the hard drive of your
device. Cookies allow the Platform to remember your actions/information and
preferences over time and generally help in improving your Platform experience.
1.3
Data shall refer to the Non-Personal Data, and Personal Data,
individually and in combination.
1.4
Non–Personal Data is anonymized data incapable of identifying an
individual. It refers to any other information, not covered under Personal
Information, which may be collected by us when you access or use the Platform
and includes information about your device, Internet Protocol (IP) address,
operating system, browser type and version, geographical location, URLs of
referring/exit pages, pages visited, device ID, amongst others.
1.5
Personal Data means any information that relates to a natural
person, which, either directly or indirectly, in combination with other
information available or likely to be available with a body corporate, is
capable of identifying such person. Personal Information refers to the name,
contact details, identification number, location data, or factors specific to
the physical, physiological, genetic, mental, economic, cultural, or social
identity of that User. Any reference to Personal Information shall include
Sensitive Personal Data.
1.6
Processing of personal data includes activities such as
collection, recording, organization, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction of Personal Data.
1.7
Services shall mean and refer to the services that are being
provided to the Users through the Platform.
1.8
User shall mean and refer to any individual or legal
entity that accesses the Platform to gain information about the Company or the
Services being provided through the Platform.
2.
INTERPRETATION
Unless
otherwise defined, the context used in this Policy denotes:
2.1
Heading or bold typeface is used only for convenience and shall be
ignored for interpretation.
2.2
Words using the singular or plural number also include the plural and
singular, respectively.
2.3
Wherever in this Policy, words are used in the masculine gender, they
shall be read and construed in the feminine gender also, whenever it should
apply.
2.4
The terms hereof, hereby, hereto, and derivative or similar words refer
to this entire Policy or specified clauses of the Policy, as the case may be.
2.5
Reference to the word “include” shall be construed as without
limitation.
2.6
Reference to any legislation or Applicable Law or any provision thereof
shall refer to any such applicable legislation, law, or provision as amended,
suspended, or re-enacted from time to time.
3.
APPLICABILITY
3.1
This Policy applies to anyone who visits the Platform to use the
Company's Services, intends to use the Services, or has questions about the
Services and the Platform. You agree not to share another person's Personal
Data with us. This Policy outlines how Personal Data is accessed, collected,
used, stored, handled, and disclosed in accordance with the terms below.
3.2
This Policy does not cover information collected by: a. Us offline or
through other means, including any other websites operated by us or third
parties (such as affiliates or subsidiaries); or b. Any third party, including
affiliates or subsidiaries, via applications, content, or advertising linked to
or accessible through our website.
4.
DATA WE COLLECT
4.1
PERSONAL DATA While using our Platform, we may ask you to provide
us with certain personally identifiable information that can be used to contact
or identify you ("Personal Data") and other Sensitive Personal Data.
Personally, identifiable information may include but is not limited to a. first
name and last name b. email address c. phone number d. address. We may use your
Personal Data to contact you with newsletters, marketing or promotional
materials, to provide services, 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.
4.2
NON-PERSONAL DATA Non-Personal Data is used to analyse trends,
track User movements across the Platform, administer the Platform, and collect
demographic information, amongst others, to develop an understanding of your
needs and preferences so that we can customize our Platform, features, and
Services accordingly. Except where it is expressly mentioned in this Policy,
the Non-Personal Data is not mixed or commingled with your Personal Data. Users
are advised to note that this is statistical data about their browsing actions
and patterns and does not identify any individual. We use such information for
improving the Services we offer through the Platform.
5.
HOW DO WE COLLECT YOUR INFORMATION
5.1
We collect information on our website through different methods to
improve your experience and deliver our services. The information gathered includes:
5.2
Information You Provide: We collect data directly from you when you
voluntarily submit it. This may include details you provide through forms, such
as when you request services via our Platform.
5.3
Automatic Collection: As you browse our site, certain information is
automatically collected, such as usage details, IP addresses, and data obtained
through cookies, web beacons, and other tracking technologies. These tools help
us understand how you use our website and enhance our services.
6.
SHARING OR SELLING OF PERSONAL DATA
6.1
The Company hereby represents and warrants that no Personal Data of the
User will be shared with or sold to any third parties except as required by
this Policy or applicable law.
7.
WITHDRAWAL
AND REVIEW
7.1
You have the right to review the information you provided and ensure
that any inaccuracies or deficiencies are corrected or amended where possible.
We are not responsible for verifying the authenticity of the data and
information you supply.
7.2
You may withdraw your consent to provide any or all data, particularly
Personal Data, or refuse to grant certain permissions on the Platform. However,
if you choose to do so, your access to the Platform may be restricted, and we
may be unable to offer our Services to you. You can withdraw your consent by
emailing us at info@nayaaproperty.com.
7.3
Your withdrawal will not affect the legality of any data processing
conducted based on the consent given before your withdrawal.
8.
USE OF DATA
8.1
The information provided by you will be used only by us, the persons
operating the Platform, and for conducting our business purpose, respective
vendor partners, or by the Company’s subsidiaries. Additionally, we will
further use your personal information to respond to your requests and improve
our level of service and the content of our Platform.
8.2
The Company shall share data with its service providers and vendor partners
required to provide the services and transact.
8.3
We will use the information we collect from you when you voluntarily
provide certain information during any process, avail of any services, respond
to any survey or marketing communication, surf the Platform, or use certain
other Platform features in the following ways:
a.
to present our Platform and its contents to you;
b.
to provide you with
access to the features and services of our Platform including enabling you to
create an account and use the Platform and Services;
c.
to fulfil any other purpose for which you provide it;
d.
to notify you about changes to our Platform or any services we offer or
provide through it;
e.
to notify you in the event we become aware of any breach of the security
of your information and take appropriate actions to the best of our ability to
remedy such a breach;
f.
to enable us to comply with the legal and regulatory obligations and to
notify you regarding your account, to troubleshoot problems with your account,
to resolve a dispute, to collect fees or monies owed, to confirm your identity
in order to ensure that you are eligible to use this Platform;
g.
to conduct research and analysis to detect, prevent, mitigate and
investigate fraudulent or illegal activities; and
h.
for any other purpose with your consent.
9.
DATA SECURITY
9.1
We implement reasonable security measures to safeguard the information
you provide on our computer servers. These servers are continuously monitored
in a secure, controlled environment, ensuring protection against unauthorized
access, use, or disclosure. We maintain a combination of administrative,
technical, and physical safeguards to prevent unauthorized access, use,
alteration, or disclosure of Personal Information within our control and
custody. All details and files are securely protected with passwords.
9.1.1
However, it's important to note that no data transmission via the
Internet or wireless networks can be entirely guaranteed to be secure. Despite
our diligent efforts to protect your Personal Information, you should
acknowledge the following:
9.1.1.1
Internet Limitations: The security and privacy of information on the
Internet may be subject to inherent limitations beyond our control.
9.1.1.2
Data Transmission Risks: The security, integrity, and privacy of data
exchanged between you and our Platform cannot be guaranteed.
9.1.1.3
Third-Party Risks: Information and data transmitted over the Internet
may potentially be viewed or tampered with during transit by third parties,
despite our best efforts.
9.2
We have implemented a comprehensive set of administrative, technical,
and physical safeguards to ensure the security, integrity, and confidentiality
of your data. These measures protect against accidental, unauthorized, or
illegal access, disclosure, alteration, loss, or destruction of your data. Our
safeguards include: a) Proper disposal procedures for data no longer in use, b)
Access controls for electronic systems that handle data, c) Restrictions on
access to physical locations where data is stored, d) Encryption of electronic
data, e) Dual control processes, f) Continuous testing and monitoring of
electronic systems, and g) Procedures to detect and respond to any actual or
attempted attacks on data systems.
9.3
Despite our efforts, no website, database, or system can be fully
secure. Therefore, we cannot guarantee the security of any information you
transmit through the Platform, and you do so at your own risk. If you believe
your interaction with the Platform is no longer secure, please notify us
immediately at info@nayaaproperty.com.
9.4
We may share personal information under strict confidentiality
obligations with specific recipients in certain situations: a) With our group
companies for service delivery, communication about service offerings, or other
legitimate business purposes, b) With third-party vendors, service providers,
and partners who assist in data processing or related tasks , c) When
necessary, with law enforcement, regulatory bodies, government agencies,
courts, or other relevant parties, d) With auditors, advisors, legal
representatives, or similar agents for legitimate business purposes, and e)
With employees who perform various business tasks on our behalf, such as
hosting, data analysis, legal, accounting, marketing, and support services. All
recipients are required to uphold the security and confidentiality of Personal
Information and process data according to our guidelines.
10.
DATA RETENTION
The
User understands that the Company will use the User’s data only as long as is
necessary to implement, administer and manage the User’s participation in the
business, or to comply with legal or regulatory obligations. When the Company
no longer needs the User’s Personal Data for any of the above purposes, the
Company will remove it from its systems. 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. In some circumstances, we may anonymize
your Personal Data (so that it can no longer be associated with you) for
research or statistical purposes in which case we may use this information
indefinitely without further notice to you.
11.
STORAGE OF DATA
11.1
The Data collected by us is retained
for as long as it is necessary to fulfil the purpose(s) for which it was
collected, our business purposes and/or to comply with the applicable laws, and
your consent to such purpose(s) remains valid even after termination of our
relationship with you.
11.2
The User understands that the Company will use the User’s data only as long as it
is necessary to implement, administer and manage the User’s participation in
the business, or to comply with legal or regulatory obligations. When the
Company no longer needs the User’s Personal Data for any of the above purposes,
the Company will remove it from its systems.
11.3
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.
12.
THIRD-PARTY LINKS AND CONTENTS THEREOF
The
Platform for providing better usage and services contains links to websites
that are owned and controlled by the third parties. These links take you
outside the Company’s service and off the Platform and are beyond the Company’s
control and the User access to these sites completely at your own risk. The
sites to which the User may get linked have their own separate privacy policy
and the Company shall not be responsible and cannot be held liable and
accountable for any outflow of information on that website. Please note that
these other sites may send their own cookies to the Users, collect data or
solicit personal information, and you are therefore advised to check the terms
of use and/or privacy policies on those websites prior to using them.
13.
DISCLAIMER
13.1
We collect the Data only when an individual, as the case may be,
voluntarily shares such Data on our Platform. We may further verify and collate
the Data by using the information about such individual or business entity
available in the public domain, as permitted by law, to prevent cases of
identity theft, fraud, etc.
13.2
We do not collect Personal Information or data on purpose, from anyone
under the age of 18 years. If we become aware that we have collected Personal
Information from children without verification of parental consent, we take
immediate steps to remove that information from our servers. Therefore, if you
are a parent or guardian who becomes aware that a minor has provided us with
Personal Information, please contact us for removal of the same from the
Platform.
13.3
The Company disclaims that any and all information published on the
website is only for informational purposes, the Company takes no responsibility
for the correctness and accuracy of the information provided on the Platform.
14.
LIABILITY AND WARRANTY
Although
we have implemented and employed the necessary internet security methods and
technology to secure the Data transmitted to us; however, the security of the
Data transmitted over the internet cannot be guaranteed; thereby we cannot
ensure or warrant the security of any information that you transmit to us. You
acknowledge and agree that you share the Personal Information with us entirely
at your own risk. In light of the above, we declare that: i. We shall not be
held liable for any loss or injury caused to you, as a result of your voluntary
disclosure of the Data by you to a third party. ii. Notwithstanding anything
contained in this Policy, we disclaim all the warranty for any loss, damage, or
misuse of the Data. iii. We take no responsibility or liability for the privacy
practices and security of Data collected by the third-party website linked to
our site as they are not within the ambit of our control.
15.
SEVERABILITY AND EXCLUSION
We
have taken every effort to ensure that this Policy adheres to the applicable
laws. The invalidity or unenforceability of any part of this Policy shall not
prejudice or affect the validity or enforceability of the remainder of this
Policy. This Policy does not apply to any information other than the
information collected by the Company through this Platform. This Policy shall
be inapplicable to any unsolicited information you provide us through this
Platform or through any other means. This includes, but is not limited to,
information posted in any public areas of this Platform. All unsolicited
information shall be deemed to be non-confidential and the Company shall be
free to use and/ or disclose such unsolicited information without any
limitations.
16.
NO WAIVER
The
rights and remedies available under this Policy may be exercised as often as
necessary and are cumulative and not exclusive of rights or remedies provided
by the law. It may be waived only in writing. Delay in exercising or
non-exercise of any such right or remedy does not constitute a waiver of that
right or remedy, or any other right or remedy.
17.
CONDITIONS OF USE AND AMENDMENTS
17.1
This Policy should be read at all times along with the Terms of Use
published by the Company on the Platform.
17.2
The Policy may be amended in response to changing legal, technical, and
business developments or at the sole discretion of the Company. Unless
otherwise specified, such revisions shall take effect from the day they are
posted on the Platform. You are advised to consult this Policy regularly for
any changes, and your continued access and Platform usage shall be deemed as an
acceptance of the changes in the Policy.
18.
JURISDICTION OF LAW:
In
case of any dispute regarding this Policy of the Company, an arbitrator shall
be appointed by the Company to ascertain the rights and liabilities of the
Company and you. You further accept that all disputes are subject to laws
applicable in India and subject to jurisdictions of courts in Pune only.
19.
GRIEVANCE REDRESSAL
In
the event of any queries or grievances regarding our Services, or if you wish
to report a security breach or otherwise require any assistance, you may
contact our Grievance Redressal Officer at info@nayaaproperty.com
