PRIVACY POLICY

Fees – The fees for the any payment plans (Commercial or Home Premium) are set out at www.nischint.com/prices. For any payment plans , you agree to pay the fees set out in the Plan selected by you. Payment is by way of online payment system provided by Nischint or as otherwise agreed with us. On periodic renewal, you will be charged at the then current price, unless otherwise agreed in writing with us. Fees are non-cancellable and non-refundable. Fees for Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions.

Price updates – Prices for the Services may change at any time by giving you thirty (30) days or more prior written notice. New prices will apply to the next renewal period. If you do not reject such price change in writing requesting termination of Services or in the event of any continued use of the Services after such renewal date, you are deemed to have accepted the new prices.
Invoicing. For standard services, invoice for the start-up and subscription fee/s will be issued upon acceptance of the online order and 15 days prior to renewal. You will be invoiced at start up and for additional Users for a full period, regardless of the start date. Renewals are invoiced on the periodic basis set out in the Order form. Unless provided otherwise in the Order, we will issue invoices in INR or USD. You agree to provide us or our reseller complete and accurate billing and contact information.

Payment – Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the service and 7 days prior to renewal. We reserve the right to suspend or terminate this Agreement and access to the Services if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you authorise us to charge such credit card for all Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s) as set out herein.

Late Payments – Overdue charges will accrue late payment interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In the event of late payment, we may condition future subscription renewals and Order Forms on payment terms shorter than those specified herein or we may suspend or terminate this Agreement and access to the Nischint Services.

Taxes – Unless otherwise provided, prices do not include any taxes that may apply, including without limitation VAT or equivalent sales tax, such taxes being your responsibility. If we have the legal obligation to pay or collect taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

About you and your users –  You warrant that you are over 18 and owner or lessee of the Devices in which the Software associated to your online account is installed. You warrant that you have notified any User over 14 years old of such Devices that it includes control and monitoring software and you have their consent to such activity. You undertake to fully comply with our Privacy Policy, which is incorporated as a part hereof.

Registration – Registration and creation of a Nischint account is required to use the Nischint Services. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. You warrant that this information is and will be correct, complete and accurate at all times. A verification email is sent to you.

Activation – We try to provide access to the Nischint Service immediately. We reserve the right to refuse the Nischint Services to anyone for any reason. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the Nischint Service in accordance with these Terms.

Passwords – The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorized use of your Account or any other breach of security known to you.

Term- Subject to payment, when applicable, of the fees, your account shall be activated and remain in force for the Term indicated below, unless terminated by either us or you here-under:

Free User –  use of the limited Service for an unlimited period
Evaluation Term: use of the Service for the period of 30 days from registration of the account
Premium or Advanced or Commercial Plans: subject to payment of the fees, use of the Service for the contracted term, in accordance with the plan you have chosen. Commercial and Premium terms plans are automatically renewed for the same term, unless written notice of cancellation is provided by either party at least 30 days’ prior to renewal.

Termination – You may cancel your account at any time. All cancellations should be addressed to: info@nischint.in. No refunds will be given for early termination. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel any Free Use at any time, provide you 30 days’ notice of termination, and Premium and Commercial plans providing you 30 days’ notice prior to the end of any Term. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). In addition, we reserve the right to terminate our agreement with you if the provision of the Services is, in our sole opinion, no longer commercially or otherwise viable or your account is inactive for more than 1 month (in this latter event, we will provide you 15 days’ notice of termination, sent to your registered email address)

Nischint Technologies Limited. (the “Company” or “We/us”) is committed to protecting the privacy of all the general and registered users (“you” or “user”) of the Platform at www.nischint.com (“Platform”), and the Nischint Services and Software, as defined in the Terms. This Privacy Policy explains our practices regarding the use of personal data collected and processed through our Platform and Service.

Your privacy is important to NISCHINT Technologies Limited . As a result, we’ve developed this Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

A. Introduction
NISCHINT Technologies Limited(“Nischint”) makes reasonable efforts to protect the privacy of your personal information. This Privacy Policy was created to demonstrate our commitment to fair information practices. This Privacy Policy covers Nischint’s use of personal information that Nischint collects when you use its corporate websites, including but not limited to: https://www.Nischint.com, https://www.Nischint.co/ and your specific instance of Nischint.com (collectively, the “Sites”).
IF YOU DO NOT AGREE WITH THE TERMS IN THIS PRIVACY POLICY, DO NOT USE THE SITES. CONTINUED USE OF THE SITES CONSTITUES YOUR FREELY GIVEN SPECIFIC AND INFORMED CONSENT AND AGREEMENT TO YOUR PERSONAL DATA BEING PROCESSED PURSUANT TO THIS POLICY.

B.Collection of Personal Information
Nischint Sites collect different personal information based on their use.

1. Personal Information
   There are areas on the Sites where you can share information that is unique to an individual; such as your name, company name, postal address, e-mail address, phone number, zip code, and credit card information (“Personal Information”). You can also purchase products and certification course packages with your credit card. Accordingly, we may request your credit card information for shipping, billing, and credit card validation purposes. We ask for this information in order to deliver requested materials to you, respond to your questions, or deliver a product. If you communicate with us by e-mail or complete online forms, we may require Personal Information that personally identifies you. Nischint may also request your e-mail address or mailing address for the purposes of having someone contact you for additional information, or in response to your request for information from us. All of the foregoing is treated as Personal Information, as described in this policy.
2. Information from ChildrenNischint does not knowingly solicit or collect information (including data or Personal Information) from anyone under 5 years of age. The use of the Sites by anyone under 5 years of age is prohibited. We ask that anyone under 5 years of age not submit information to us. However, when we e-mail marketing information to you, we will provide prominently displayed instructions that show you how to unsubscribe from receiving such information. If your child subscribes to receive information from Nischint without your knowledge, simply follow the instructions on our e-mail and unsubscribe immediately. Parents can also contact our customer service department to access, change, or delete the Personal Information that has been submitted by a child.
3. CookiesNischint may collect information about you and your use of the Sites whenever you visit the Sites. For instance, we may collect various forms of information such as entry and exit points for the Sites (i.e., referring URLs or domain names), site traffic statistics, operating system and browser type (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. In addition, when you request pages on the Sites, our servers automatically log your IP address. An IP address is a number that is automatically assigned to your computer or mobile device whenever you are surfing the Web. Like most websites and applications, Nischint and our third party partners use cookies and similar technologies to make our websites and applications work, and to learn more about our users and their likely interests as well as information relating to their visits and interactions with a website or application. A cookie is a small text file placed on your computer’s hard drive by a web server. Nischint may place one or more cookies or other similar technologies on your computer. Depending on the cookie, the cookie may expire at the end of your browser session or may stay (or “persist”) on your computer until the expiration date specified in the cookie. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies can only be accessed or read by the Internet domain (generally a web site) that placed them. Nischint uses cookies and similar technologies to customize your interaction with our Sites, to assist you with your session on our Sites, and to help us maintain and improve our Sites. Some Nischint pages use cookies which permit select third party partners to serve you Nischint-related content, including Nischint advertisements, on their sites or elsewhere on the Internet based in part on your use of our Sites. If you accept a cookie, you can delete it at any time (e.g., as soon as you leave our Property) through your web browser. If you do not wish to receive cookies or wish to manage when you accept cookies in general, you can set your browser to reject cookies or to alert you when a cookie is placed on your computer. If you choose to decline cookies, you may not be able to use certain features or functionality of our Sites that depend on your web browser accepting cookies. You can also use opt-out tools provided by third party partners, or by the Digital Advertising Alliance (http://www.aboutads.info/choices), the EU Internet advertising industry (http://www.youronlinechoices.eu), or similar entities.

BY ACCESSING OR USING THE SITES, YOU CONSENT TO NISCHINT’S USE OF COOKIES ON YOUR COMPUTER OR MOBILE DEVICE HARD DRIVE.

4. Types of Personal Information Collecteda. Customer/Visitor Information
   Nischint publishes a number of digital properties supporting its products and services. Depending on which Sites you visit, personal information collected may be different. Below are the types of personal data that may be collected:
5. Nischint.com
   Personal Information collected via Nischint.com may include name, email address, phone number, organization, country.
6. Nischint.co

Personal Information collected via Nischint Nation may include name, username, company, LinkedIn URL, Twitter URL, GitHub URL, email address, credit card information, billing and/or shipping addresses, and your photo.

3. Customer Specific Instances of Nischint Products

Personal Information placed by you in your specific instance of Nischint.com/nischint.co or by the service itself may include, but is not limited to, name, username, company/organization, company/organization address, email address, phone number, TCP/IP address, MAC address, latitude, longitude, AppleCare ID, Apple ID, device name(s), device ID(s), and directory ID or other information you place within your instance. It is your responsibility to follow legal and regulatory rules relating to such data and its placement in your instance.

1. Student Information
   In addition to customer/visitor information, NISCHINT Technologies Limited or its affiliates may collect Student Information from prospective and present Students only for legitimate business purposes,

For legitimate human resources purposes, Students may choose to voluntarily disclose Personal Information about family members. If our Students choose to do this, their family member’s Personal Information shall be treated, for the purposes of this Policy, the same as an Student’s Personal Information. Unless otherwise noted or excluded by context, “Student information” is included within the definition of “Personal Information” for the purposes of this Policy. Student information is never sold, leased, or rented to any third party. Student information will never be disclosed to third parties except as follows:

1. to those retained by NISCHINT Technologies Limited or its affiliates for processing only for the purposes set forth above;
2. where required pursuant to an applicable law, governmental or judicial order, law or regulation, or to protect the rights or property of NISCHINT Technologies Limited or its affiliates;
3. where authorized electronically or in writing by the Student; and
4. where the Student voluntarily provides Personal Information and the context makes it clear that Student Information will be provided to a third party/subprocessor (ex. payroll, benefits, travel, reimbursement, and other systems used in the employment context).

Where personal data is transferred from the EU or Switzerland to the US in the context of the employment relationship, we will cooperate in investigations by and to comply with the advice of the EU and Swiss Data Protection Authorities.

5. Analytics
   The Sites use analytical data provided by Google Analytics. You can find out more about the types of analytical data and how that data is processed by visiting https://www.google.com/policies/privacy/partners/
6. Do Not Track Signals
   Nischint Sites do not respond to Do Not Track signals.
7. Use of Collected Personal Information
   Nischint will use the data and Personal Information directly submitted by you for the purpose for which it was provided. Nischint may also use Personal Information you provide to us to contact you for reasons related to your original communication to us and for our own business records. Nischint may use your Personal Information to customize your experience on the Sites and display content that we think you might be interested in according to your preferences. With the exception of your specific instance of Nischint Cloud and the Personal Information you store within your instance, Nischint may also provide the Personal Information submitted by you to third-party businesses who Nischint believes may provide products or services of value to you or to intermediaries who may identify such businesses.

With the exception of your specific instance of Nischint Cloud and the Personal Information you store within your instance,

Nischint may use the personal information collected in connection with the development, design, marketing or quality improvement of the Sites. As regards Nischint Cloud, Nischint collects, stores, aggregates, analyzes, and discloses anonymous and deidentified usage data, which includes data regarding your use and configuration of Nischint’s software. Such data will not identify your users or administrators and you hereby assign to Nischint any and all rights in and to such data, including all copyrights, patent rights and all other intellectual property rights thereto.

C. Use of Collected Personal Information
Nischint will use the data and Personal Information directly submitted by you for the purpose for which it was provided. Nischint may also use Personal Information you provide to us to contact you for reasons related to your original communication to us and for our own business records. Nischint may use your Personal Information to customize your experience on the Sites and display content that we think you might be interested in according to your preferences. With the exception of your specific instance of Nischint Cloud and the Personal Information you store within your instance, Nischint may also provide the Personal Information submitted by you to third-party businesses who Nischint believes may provide products or services of value to you or to intermediaries who may identify such businesses.

With the exception of your specific instance of Nischint Cloud and the Personal Information you store within your instance,

Nischint may use the personal information collected in connection with the development, design, marketing or quality improvement of the Sites. As regards Nischint Cloud, Nischint collects, stores, aggregates, analyzes, and discloses anonymous and deidentified usage data, which includes data regarding your use and configuration of Nischint’s software. Such data will not identify your users or administrators and you hereby assign to Nischint any and all rights in and to such data, including all copyrights, patent rights and all other intellectual property rights thereto.

D. Sharing of Personal Information & Accountability for Onward Transfer
From time to time, Nischint may engage other companies and individuals to perform functions such as sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. Such companies shall only use your Personal Information for those purposes required to perform their functions and you consent to Nischint sharing your Personal Information with such companies so they can perform their functions.

Additionally, Nischint may share your Personal Information, without your prior consent, for the limited purposes noted below:

1. Subprocessors
   To provide and market our services, Nischint uses subprocessors for the following purposes:
2. Data Storage
   b. Marketing & Analytics (With the exception of your specific instance of Nischint Cloud and the Personal Information you store within your instance)
   c. Support
   d. Credit Card Transactions

You have the choice to limit the use and disclosure of your personal data. If you choose to limit the data to be used, simply do not disclose that information to Nischint or use the Sites. In certain cases, limiting the use and disclosure of your personal data may impact functionality or prevent the use of Nischint’s products or services. When Nischint does share your Personal Information Nischint will:

1. Transfer such data only for limited and specified purposes;
   ii. Ascertain that the sub-processor is obligated to provide at least the same level of privacy protection as is required by these Principles;
   iii. Take reasonable and appropriate steps to ensure that the sub-processor effectively processes the Personal Information transferred in a manner consistent with the organization’s obligations under these Principles;
   iv. require the sub-processor to notify Nischint if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by these Principles;
   v. upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and
   vi. provide a summary or a representative copy of the relevant privacy provisions of its contract with that sub-processor to the Department of Commerce upon request

Nischint shall remain liable under the Principle of Accountability for Onward Transfer if its sub-processors process your Personal Information in a manner inconsistent with the Privacy Shield Principles, unless the Nischint proves that it is not responsible for the event giving rise to the damage.

2. Legal Obligations
   Nischint may share your Personal Information if we have a good faith belief that such action is necessary to: (i) protect and defend the rights or property of Nischint; (ii) enforce this Privacy Policy or the Sites’ terms and conditions of access and use agreement; (iii) participate in dispute resolution pursuant to this Privacy Policy; (iv) protect the interests of other users of the Sites or any other person; or (v) operate or conduct maintenance and repair of the Sites or equipment.

Nischint may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

E. Protection of Personal Information
Taking into account the risks involved in the processing and nature of Personal Information and to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction and while maintaining data accuracy, Nischint has put in place appropriate physical, electronic, and managerial policies and procedures to safeguard the Personal Information Nischint collects. Any payment transactions will be encrypted using SSL technology. However, the safety and security of your information also depends on you. Where you have chosen or we have given you a user name and password for access to certain parts of the Sites, you are responsible for keeping the user name and password confidential. DO NOT SHARE YOUR USER NAME AND PASSWORD WITH ANYONE.

Nischint will retain your Personal Information for only as long as it serves the purposes for which it was collected and will be retained in a form identifying or making identifiable only for as long as it serves a purpose of processing.

Although we do our best to protect the Personal Information, for non-EU and non-Swiss citizens, we cannot and do not guarantee the security of your Personal Information. NISCHINT MAKES NO REPRESENTATIONS ABOUT THE SECURITY OF YOUR PERSONAL INFORMATION. YOU AGREE TO ASSUME ALL RISK IN AND SOLE RESPONSIBILITY FOR USING THE SITES INCLUDING, WITHOUT LIMITATION, ALL RISK OF INJURY DUE TO A DATA SECURITY BREACH.

F. Other Limits to Your Privacy 
The Sites may contain links to other non-Nischint websites. Nischint is not responsible for the privacy practices or the content of such websites. Nischint has no control over the use of such websites and you should exercise caution when deciding to disclose any Personal Information on these websites.

G. Choice Regarding Collection, Use, and Distribution of Personal Information 
You have the opportunity to choose to opt-out whether your Personal Information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. In such an event, you will be only able to access public areas of the Sites. If you do not wish to receive promotional material from us, you may choose to “opt-out” each time we ask you for Personal Information. In certain cases, limiting the use and disclosure of your personal data may impact functionality or prevent the use of Nischint’s products or services.

1. Access and Correction
   You have the right to access the personal information we hold about you. You may access your information that Nischint holds by contacting us via Section L below. You have the right to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

To protect your privacy and security, Nischint may also take reasonable steps to verify your identity before making corrections to or deleting your account

1. Dispute Resolution, Arbitration & Cost
   Nischint will address all complaints concerning this Privacy Policy within 45 days of the receipt. Please see the applicable detail below:
2. Middle east

In compliance with the UAE privacy policies, Nischint commits to resolve complaints about your privacy and our collection or use of your personal information.

Nischint Technologies Limited

Mazaya Business Avenue

BB1 tower, office 9017

PO Box – 500285

Dubai

2. India

Nischint commits to resolve complaints about your privacy and our collection or use of your personal information. Indian citizens with inquiries or complaints regarding this privacy policy should contact Nischint at:

NISCHINT Solutions Limited
Aura Business Centre

5th Block Koramahgal

Bangalore – 560095

Karnataka, India

Agreement to Arbitrate. In the event of a dispute between You and Nischint arising under or relating to the Privacy Policy, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court (the “Arbitration Agreement”). Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR NISCHINT CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.

Class Action Waiver. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR NISCHINT MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INTERESTED PARTIES, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Governing Law and Rules for Arbitration. The Arbitration Agreement is governed by the UAE government. Arbitration must proceed only with the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services (JAMS). The rules for the arbitration will be the procedures of the chosen arbitration organization. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. Arbitration hearings will take place in Minnesota. A single arbitrator will be appointed. The arbitrator must:

• Follow all applicable substantive law, except when contradicted by the FAA;
• Follow applicable statutes of limitations;
• Honor valid claims of privilege; and
• Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or Nischint may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

J. Regulatory Oversight
For this Privacy Policy and its content, Nischint is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and the Department of Transportation. If Nischint becomes subject to an FTC or court order based on non-compliance with this policy or Privacy Shield, Nischint shall make public any relevant Privacy Shield related sections of any compliance or assessment report submitted to the FTC, to the extent consistent with confidentiality requirements.

K. Changes to Privacy Policy
Nischint reserves the right to change this Privacy Policy at any time by sending you notification of the change or posting the revised Privacy Policy on the Site. Any revised Privacy Policy will be effective immediately upon posting on the Site.

K. How to Contact Us
If you have any questions or complaints about this Privacy Policy or if you would like to request access to the personal data that we may maintain about you, please contact us as follows:

info@nischint.co

As of the writing of this Privacy Policy, Nischint has not established an official in the Middle East Or Indian who can respond to questions and complaints. Please direct all correspondence to the above.

Effective Date: January 01, 2017

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