This Privacy Policy (“Policy”) discloses the privacy practices for ND Vibe (“We” or “Us”) with regard to collection and use of the Personal Information of all the Users (“You” or “Your”) and use of the ND Vibe Platform (as defined in our Terms of Use)
This Privacy Policy along with the Terms of Use describes our practices regarding, including your choices in relation to how we collect, store, use, share and secure your Personal Information across our Platform.
It also describes your choices regarding use, access and correction of your Personal Information and your rights in relation to your Personal Information and how to contact us or supervisory authorities in the event you have a complaint.
By Personal Information, we mean any information that can either itself identify you as an individual (“Personally Identifying Information”) or that can be connected to you indirectly by linking it to Personally Identifying Information. Please note that usage of the term Personal Information in this Privacy Policy includes sensitive personal data or information, wherever appropriate and/or mandated under applicable laws.
By providing your consent to this Privacy Policy and accepting the Terms of Use, you agree to the collection, use and transfer of your Personal Information as set out in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use/access this Platform. We will review this Privacy Policy from time to time to make sure it is up to date.
If you are just a visitor, then please note that this Privacy Policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this Policy periodically.
If you are our registered User, we will notify you before we make changes to this Policy and give you the opportunity to review the revised Policy before you choose to continue using our services.
APPLICABILITY
This Policy applies to all Users who access the Platform and are therefore required to read and understand the Policy before submitting any Personal Information.
By submitting Personal Information, you are consenting to the use and processing of such information in accordance with this Policy. If You have inadvertently submitted any Personal Information to ND Vibe prior to reading the Policy statements set out herein, or You do not agree with the manner in which the Personal Information is collected, stored or used, then You may access, modify and delete all information stored about You by writing to us through our Support page.
ND Vibe is keeping personal data of the User, and every User is also entitled to require ND Vibe to delete and destroy all such information (but not that of other Users).
This Policy applies to the Platform and any other services that are owned and operated by ND Vibe. Third party websites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which we are not responsible or liable.
Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites.
The inclusion or exclusion does not imply any endorsement by ND Vibe of the website, the website’s provider, or the information on the website. We encourage the User to read the privacy policies of each such website and understand that its solely such third party who is responsible to the User in this regard.
ND Vibe has taken reasonable precautions as per applicable Indian law and implemented industry standards to treat Personal Information as confidential and to protect it from unauthorized access, improper use or disclosure, modification and unlawful destruction or accidental loss of the Personal Information.
COLLECTION OF INFORMATION
As a visitor, you can browse our website to find out more about our website. You are not required to provide us with any Personal Information as a visitor.
When you visit the Website, we collect and store certain information to improve security, analyse trends and administer the Website with a view to assist us in improving customer experience. We use this information to evaluate traffic patterns on our website so that we can make it more useful to our visitors.
We collect your Personal Information when you register with us, when you express an interest in obtaining information about us or our products and services, when you participate in activities on our Platform or otherwise contact us.
We will only collect your Personal Information if we have a proper reason for doing so, e.g.: to comply with our legal and regulatory obligations; for the performance of our contract with you or to take steps at your request before entering into a contract; for our legitimate interests (where permitted by law) or those of a third party; or where you have given consent.
In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person (for example, to prevent payment fraud or confirm your identity).
Our primary goal in collecting your Personal Information is to provide you a safe, efficient, smooth, and customized experience. This allows us to provide courses, study material, tutorials that most likely meet your needs and to customize our Platform to make your experience safer and easier.
We also use your Personally Identifiable Information together with other information to help us better understand our users and to improve the content and functionality of our Platform. The information we learn from you helps us personalize and continually improve your experience at our Platform. We do not voluntarily make this information available to third parties, nor do we use it for any other purpose, except as set out herein.
When you visit our Platform, as part of a purchase of one of our courses or registering on our Platform, we may collect a variety of Personal Information that you will voluntarily provide to us via one of our contact forms and/or via a chat or phone session, such as:
Contact Information, such as name, email address, display picture, mailing address, phone number, IP address, geographic location, or phone number.
Information to enable us to check and verify your identity, e.g., your date of birth, Passport/Aadhar/Voter ID details.
Billing Information, such as debit card number, credit card number and billing address.
Unique Identifiers, such as username or password.
Reviews or ratings, syllabus and course preferences, account settings, (including preferences set in the “Account” section of our Website); and Information provided to us through our service, interaction with our customer service, participation in surveys or marketing promotions.
If you are an employee of ND Vibe, we collect the following Personal Information:
Name
Address
Email Address
Contact Number
Date of Birth
Gender
Pan Card Number
Aadhar Number
Passport Number
Marital Status
Nationality
Details of Family Members and Dependants
Bank Account Details
Education Details
Blood Group
We collect information about you and your use of our Platform, your interactions with us as well as information regarding your computer or other device used to access our service.
This information includes your activity on our Platform, such as classes, study materials, courses and search queries; details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings; device IDs or other unique identifiers, device and software characteristics (such as type and configuration), connection information, statistics on page views, referring source (for example, referral URLs), IP address (which may tell us your general location), browser and standard web server log information, information collected via the use of cookies, web beacons and other technologies.
With the help of backend applications, we aim at providing better services and better interaction with Teachers, depending on the beneficiary’s line of interest. We also may ask for this information at other times, such as when you enter contests or other promotions sponsored by us and/or our partners.
If you use a feature that requires payment of a fee via credit or debit card, we will redirect you to safe and secure, registered payment gateway(s). You may store and save your payment details like card numbers with the gateway. We do not have access to this data. All payment transactions are processed through secure payment gateway providers. We do not store any card information (other than the last 4 digits of your card) in our servers.
When you use one of our paid products, we track the web pages, and information that has been accessed by you, and store it on our servers. This enables us to track items that you have completed, and those that you need to see.
The user’s full name and his/her display picture can be publicly displayed on the Platform. Depending on what profile and what services they are seeking, ND Vibe can ask for more information relating to address, billing information, certificates, past employment information etc.
ND Vibe can use technologies such as cookies, clear gifs, log files, and flash cookies for several purposes, including helping in understand how you interact with our Platform and services, to provide a better experience.
USAGE AND RETENTON OF INFORMATION
We use the Personal Information we collect, where it is necessary to deliver the services, you have requested, where it is necessary to exercise or comply with legal rights or obligations or for normal business purposes of the kind set out in this Policy.
We will use your Personal Information to provide, analyse, administer, and improve our services, to provide you with a personalized experience on our Platform (especially, by offering you services that is best suited for you), to contact you about your account and our services, to provide you customer service, to provide you with personalized marketing and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
We further use your Personal Information to determine your general geographic location, provide localized courses and classes, provide you with customized and personalized study material, recommendations, determine your internet service provider, and help us quickly and efficiently respond to inquiries and requests and enforcing our terms (such as determining free trial eligibility) and communicate with you concerning our service (for example by email, push notifications, text messaging, and online messaging channels), so that we can send you details about new features and content available on the Platform, special offers, promotional announcements, surveys, and to assist you with operational requests such as password reset requests.
If you are an employee, we use your Personal Information for purposes of payrolling and recording attendance, deduction of taxes, payment of remuneration, providing employee benefits (including making contributions to the provident fund, procuring medical insurance, etc.). If you are a vendor/supplier, we use your Personal Information and for the purpose of making payments and deducting taxes.
ND Vibe is a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as forums. Please be sensible and judge before posting in these community spaces or sharing your Personal Information with others on ND Vibe. Be aware that any Personal Information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages.
While availing our services You will provide access to ND Vibe with Your Personal Information. If that information is wrong, you can request us to modify or delete the same. ND Vibe will take all reasonable measures to ensure that the Personal Information is modified and used for rendering services to You and as otherwise in compliance with laws.
When editing or deleting Personal Information, we may ask You to verify Your identity before we can act on Your request. ND Vibe may at its discretion reject any request that is contrary to law, requires un-reasonable technical efforts.
We do not assure that we will delete all residual copies and archives made by any third party without our knowledge and consent. We never retain Your Personal Information longer than it is required for the purposes of providing services through the Platform or as required by applicable Indian law.
At times, we may also require to transfer Your Personal Information to third-party service providers, for instance; to authorize transactions we may share Your financial data with such third-party providers. You hereby consent to Your transfer of Personal Information in all such instances. ND Vibe carries out all such transfers strictly in accordance with law.
ND Vibe shall use Your Personal Information to ensure services with respect to the Platform are presented to You in the most effective manner, to secure the Platform and make improvements, to carry out our obligations to You, and to communicate with You.
The said communication can either be by calls, text or emails and for purposes which include transactional, service, or promotional calls or messages. If at any time You wish to not receive any communication from our end You can opt-out of the same by writing to us through our Support page.
SHARING AND DISCLOSING PERSONAL INFORMATION
We use other companies, agents, or contractors (“Service Providers”) to perform services on our behalf or to assist us with the provision of services to you.
We engage Service Providers to provide marketing, advertising, communications, infrastructure, and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyse and enhance data (including data about users’ interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your Personal Information or other information.
We do not authorize them to use or disclose your Personal Information except in connection with providing their services.
ND Vibe may also disclose or transfer User’s personal and other information which a User provides, to another third party as part of reorganization or a sale of the assets of ND Vibe.
Any third party to which ND Vibe transfers or sells its assets will have the right to continue to use the personal and other information that a User provide to us.
To the extent necessary to provide Users with the services on the Platform, ND Vibe may provide User’s Personal Information to third party contractors who work on behalf of or with ND Vibe to provide Users with such services, to help ND Vibe communicate with Users or to maintain the Platform.
Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on the Platform, including the providers of online communications services, online payment gateway services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
Furthermore, please note that we cannot control the actions of other Users of the Platform with whom You may choose to share Your Personal Information, and any such actions on Your behalf shall be solely Your responsibility.
ACCESS
User are allowed to access the Platform, register for courses and avail services available with ND Vibe as a guest and without creating an account on the Platform or providing any Personal Information, ND Vibe takes no responsibility or validate the information provided by the guest, except as otherwise required under any law, regulation or an order of competent authority. In order to have access to all the features and benefits on our Platform, a User is required to first create an account on our Platform.
To create an account, a User is required to provide Personal Information as may be required during the time of registration. Other information requested on the registration page, including the ability to receive promotional offers from ND Vibe, is optional.
ND Vibe may, in future, include other optional requests for information from the User to help ND Vibe to customize the Platform to deliver personalized information to the User.
Without User’s agreement, ND Vibe will not share, rent or sell any Personal Information with third parties in any way other than what is disclosed in this Policy.
ND Vibe may keep records of telephone calls received and made for making enquiries, registered courses, feedback or other purposes for the purpose of rendering services effectively and efficiently.
PERSONAL INFORMATION
“Personal Information” shall mean the information which identifies the User, name, identification number, email address, age, gender, or phone number provided to ND Vibe at the time of registration or any time thereafter. Personal Information may include “sensitive personal information or data” as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (herein “the Rules”) and in this context, includes passwords or any financial account information provided by You during registration.
We request You to not provide us with any Personal Information unless specifically requested by us. In such events, we bear no liability to such Personal Information provided by You.
AUTOMATIC INFORMATION COLLECTION
Our system collects information that is sent over the internet without Your control. Some examples of the information we collect and analyse include the Internet protocol (IP) address used to connect Your computer to the internet; login; email; password; computer and connection information such as browser type and version, operating system, and platform; course enrolled history, which we sometimes aggregate with similar information from other users to create features, reports such as popular courses, most used features etc; the full Uniform Resource Locator (URL) click stream to, and from our Platform, including date and time; cookie number; courses or videos You viewed or searched for; the email id You used to call our customer service.
During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain page, course and videos, page interaction information (such as scrolling, clicks and mouse overs), and methods used to browse away from the page.
INFORMATION SECURITY
To protect the security of Your Personal information during transmission, we use Secure Sockets Layer (SSL) software, which encrypts information You input.
To prevent unauthorized access to sensitive information, it is important for You to monitor those who have access to Your password and to Your computer, laptop or any other device through which Your account can be accessed. Be sure to sign off when finished while using a shared computer.
However, please do note that given the nature of internet transactions, ND Vibe does not take any responsibility for the transmission of information including Personal Information shared by You other than as set forth in this Policy.
Any transmission of information on the internet is done at Your risk and shall not be responsible for the circumvention of the privacy settings or security measures either by You or any third-party.
EXCEPTIONS
Your Personal Information may be shared with third parties who have a need or authority to receive such information, if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to comply with:
in response to any authority having to receive such information under law;
any order of court;
detect, prevent, or otherwise address fraud, security or technical issues and
protect against harm to the rights, property or safety of ND Vibe, our users or the public as required or permitted by law.
USER CHOICES WITH REGARD TO ACCESS OF INFORMATION
ND Vibe does not make any unsolicited calls or otherwise market any products or services, except for in relation to the purpose for which such information has been provided or taking any feedback, addressing any complaints, informing You about new features or free/paid courses.
User shall not disclose their Personal Information to any third parties that is not authorised by ND Vibe and verify the identity of such person who seek information.
ND Vibe will communicate with the Users through call, SMS, email or notices posted on the Platform or through any other means available, which shall include but not be limited to text, other forms of messaging, calls etc.
The Users can change their e-mail and contact preferences at any time by logging into their account or by emailing us through our Support page.
ND Vibe may, if You so choose, send direct mailers to You at the address given by You. You have the option to ‘opt-out’ of this direct mailer by way of links provided at the bottom of each mailer.
We respect Your privacy and to the extent that You choose not to receive such mailers, we will take all steps to remove You from the list. Should You evidence any violation of our terms and policies, please write to us through our Support page report such incident.
All the information provided to ND Vibe by You, you as a User confirms that the same including sensitive Personal Information, is true, accurate and voluntary.
User has the right to withdraw information at any time, in accordance with the terms of this Policy and the Terms of Use.
REPORT, ANALYSIS & CONFIDENTIALITY
ND Vibe may have to use Personal Information without reference to any persona or identity for research, statistical analysis improving the Platform of functionalities offered thereon and business intelligence purpose and may transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
All ND Vibe employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User’s sensitive personal data and information.
INTEREST-BASED ADS
On unaffiliated sites, ND Vibe may display interest-based advertising using information You make available to us when You interact with our Platform, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to You based on information from activities such as subscription on our Platform, visiting sites that contain ND Vibe’ content or ads.
In providing interest-based ads, we follow applicable Indian laws, as well as the Code for Self-Regulation in Advertising by the Advertising Standards Council of India and the Self-Regulatory Principles for Online Behavioural Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations).
Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what ads You see, what ads You click, and other actions You take on our sites and other sites.
This allows us to provide You with more useful and relevant ads. For example, if we know what ads You are shown we can be careful not to show You the same ones repeatedly. We do not associate Your interaction with unaffiliated sites with Your identity in providing You with interest-based ads.
We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in eastern India who bought or browsed for literature books).
Also, some third-parties may provide us information about You (such as the sites where You have been shown ads or demographic information) from offline and online sources that we may use to provide You more relevant and useful advertising.
Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to Your browser. They automatically receive Your IP address when this happens.
They may also use cookies to measure the effectiveness of their ads and to personalise ad content. We do not have access to or control over cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by our Policy. Please contact them directly for more information about their privacy practices.
REVISION OF TERMS & GRIEVANCE REPORTING
ND Vibe may update or amend this Policy at any time, with or without advance notice. In the event there are significant changes in the way ND Vibe treats User’s Personally Identifiable Information, ND Vibe will display a notice on the Platform or send Users an email. ND Vibe’ current Policy to all information that ND Vibe has about Users and their account.
Notwithstanding the above, ND Vibe shall not be required to notify the Users of any changes made to the privacy policy.
Should You have any concern or reject the changes in the privacy policy You can refuse to accept the amendments and opt for withdrawing Your Personal Information by writing to us through our Support page.
SECURITY
We shall try to take all precautions to protect the Personal Information both online and offline. We will try to protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration.
We have standard SSL certification which basically helps us create a secure connection between our server and user to render any information or action.
Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres and information access authorization controls.
Only user passwords are encrypted in 64-bit encryption and stored because generally users use the same password on multiple sites, to prevent any kind of theft, piracy, or unauthorized access.
If you believe your account has been abused or hacked, please contact us by sending us an email through our Support page.
We do not sell, transfer, or rent your Personal Information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.
We view protection of your privacy as a very important community principle. We understand clearly that you and your Personal Information is one of our most important assets.
We store and process your Personal Information on computers located in India that are protected by physical as well as technological security devices.
We use third parties to verify and certify our privacy principles. If you object to your Personal Information being transferred or used in this way, please do not accept this Privacy Policy.
Under no circumstances, we rent, trade, transfer or share your Personal Information that we have collected with any other company for their marketing purposes without your consent.
We reserve the right to communicate your Personal Information to any third party that makes a legally compliant request for its disclosure.
KEEPING YOUR PERSONAL INFORMATION SECURE
We have appropriate security measures to prevent your Personal Information from being accidentally lost or used or accessed unlawfully.
Processing your Personal Information will be done only in an authorized manner and subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you about any applicable regulator of a suspected data security breach where we are legally required to do so.
Notwithstanding anything contained anywhere in this Policy; we cannot assure absolute security to your Personal Information and by entering or by logging into our website, you explicitly agree not to sue us for any data breach.
COOKIES
We transfer cookies, which are small files containing a string of character, to your IP address, giving the browser distinct identification, to keep track of the User’s preferences.
Furthermore, these files also help in logging-in faster and they act as a mechanism to determine user trends.
The data thus retrieved from the user’s IP address, enables us to enhance our offers, including but not limited to more content in areas of greater interest to most users.
Our website uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our website.
Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Information in Cookies.
THIRD PARTIES AND LINKS
We may pass your details to other entities in our group. We may also pass your details to our agents and subcontractors to help us with any of our uses of your data set out in our Privacy Policy. For example, we may use third parties to assist us with delivering services to you, to help us to collect payments from you, to analyse data and to provide us with marketing or customer service assistance.
We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your Personal Information if we sell our business or part of it.
Other than as set out in this Privacy Policy, we shall NOT sell or disclose your Personal Information to third parties without obtaining your prior consent unless it is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law.
The Platform may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.
Our Platform may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors.
You are accessing such linked websites shall be at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to websites of our affiliates.
The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this Platform are owned by or licensed to ND Vibe. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.
You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Platform for commercial or public purposes. You may not modify, distribute or re-post something on this Platform for any purpose.
The Platform contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ND Vibe is protected by copyright as a collective work under the applicable copyright laws.
ND Vibe owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as copyright or license to use in the content original to it.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
You may download/print/save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of ND Vibe is permitted.
If copying, redistribution, or publication of copyrighted material is expressly permitted by ND Vibe, then no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Platform or a website otherwise owned or operated in conjunction with ND Vibe shall not be deemed to be in the public domain but rather the exclusive property of ND Vibe, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of ND Vibe, unless otherwise stated.
ND Vibe does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked.
You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
By submitting material to any public area of the Platform, you warrant that the owner of such material has expressly granted ND Vibe the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant ND Vibe, the right to edit, copy, publish and distribute any material made available on the Website by you. If you come across any abuse or violation of these Terms, please report to us through our Support page.
YOUR RIGHTS IN RELATION TO PERSONAL INFORMATION COLLECTED BY US
You have the right to withdraw your consent at any time in writing by sending an e-mail to us at through our Support page in accordance with the terms of this Privacy Policy. However, please note that withdrawal of consent will not be retrospective in nature and shall be applicable prospectively.
You may write to us at through our Support page to access, review, modify or correct your Personal Information or withdraw your consent to provide Personal Information. We are not responsible for the authenticity of the information provided by you.
You agree and acknowledge that Your right to access, modify and/or withdrawing Your consent to provide Personal Information as mentioned above may be denied or limited by us, as may be required under any applicable law, law enforcement requests or under any judicial proceedings.
CONDITIONS OF USE
ND Vibe does not warrant that this Platform, its servers, or email sent by us or on our behalf are virus free.
We will not be liable for any damages of any kind arising from the use of this Platform, including, but not limited to compensatory, direct, indirect, incidental, punitive, special, or consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.
GRIEVANCE OFFICER
Any discrepancies and grievances with respect to processing of Personal Information shall be informed to the designated Grievance Officer as mentioned below:
The Terms of Use is incorporated herein by reference in its entirety.
Modification
We may at any time modify the Terms of Use of our Platform without any prior notification to you.
Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so by writing an email to us through our Support page.
However, if you continue to use the service You shall be deemed to have agreed to accept and abide by the modified Terms and/or Policy of this Platform.
Privileged/Exclusive Service
By having a ND Vibe account, you have explicitly given consent for us to capture images (followed by analysis), camera/mic permissions to make video calls and record the same.
ND Vibe May Disclose Information;
as required by law, such as to comply with summons, or similar legal process;
to enforce applicable Terms of Use, including investigation of potential violations thereof;
when we believe in good faith (doctrine of uberrima fides) that the disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
with our trusted service providers who work on our behalf and do not have an independent use of the information we disclose to them and have agreed to and adhered to the rules set forth in this;
to protect against imminent harm to the rights, property or safety of the Platform or our users or the public as required or permitted by law;
with third party service providers in order to personalize the Platform and/or Products for a better user experience and to perform behavioural analysis;
internally with the relevant departments to facilitate payments of salary, deduction of taxes, procuring medical insurance, etc.
GOVERNING LAW AND JURISDICTION
The Courts in Surat, Gujarat alone shall have exclusive jurisdiction for all and any matters arising out of or concerning or relating to or touching this Policy.
In the event that any dispute arises between the Parties in connection with this Policy, the Parties shall conduct negotiations in good faith to solve such dispute. If mutual resolution cannot be reached within 15 (fifteen) days after the commencement of such negotiations, the Parties shall refer such dispute to a sole arbitrator. The arbitration proceedings shall be governed in accordance with the Arbitration and Conciliation Act, 1996 and rules framed thereunder. The venue, place and seat of the arbitration shall be Surat and the language of the arbitration proceedings shall be English or Hindi or Gujarati. The award rendered shall be in writing, and shall set out the reasons for the sole arbitrator’s decision. The award shall allocate or apportion the costs of the arbitration as the sole arbitrator deems fair. Any award made in such arbitration will be final and binding on the Parties. This Policy, and the rights and obligations of the Parties shall remain in full force and effect pending the award in such arbitration proceeding, which award, if appropriate, shall determine whether and when, any termination shall become effective.
