‘DNIF HYPERCLOUD SIEM’ is a data analytics software (“Software”) developed and owned exclusively by NETMONASTERY Network Security Private Limited, a private company limited by shares, incorporated under the (Indian) Companies Act, 1956 and having its registered office at 2nd Floor, Reliable House, Kanjur Marg (w), Mumbai - 400079 (“NETMONASTERY”). The term “SaaS Services” means the Software provided as a service offered and maintained by NETMONASTERY.
This Privacy Policy (“Policy”) describes how NETMONASTERY collects, uses, and discloses information collected from the customers and/or end users of the Software and/or the SaaS Services. The term “Customer” refers to the individual or entity availing the SaaS Services and/or using and/or accessing the Software. The term “End User” refers to the end customers of the Customer, if applicable.
Please read this Policy carefully before using the Software and/or the SaaS Services. To use the Software and/or the SaaS Services,(i) in a personal capacity: the Customer and/or the End User must be competent to enter into legally binding contracts in accordance with the Applicable Law; and/or (ii) on behalf of a Customer and/or the End User, which is an entity: the Customer’s representative and/or the partner executing this Agreement, must be duly authorized to act on behalf of and by the Customer and/or the End User, and have the legal power and authority to bind the Customer and/or the End User by the terms of this Agreement.
By accessing, and/or using the Software and/or the SaaS Services, the Customer or any person or representative(s) acting on its behalf agree to be bound by this Policy. This Policy constitutes a contract between NETMONASTERY and the Customer. If the Customer does not agree with any part of this Policy, the Customer must neither itself access the Software the SaaS Services nor its End Users to access the Software and/or the SaaS Services. By checking/clicking the box for ‘I agree to the Privacy Policy’, the Customer expressly enters this Agreement and provides consent for collection of information provided by it and/or its representatives and/or the End Users, while accessing and using the Software and/or the SaaS Services.
- Collection of Information
1.1. NETMONASTERY may collect personal information from the Customer when the Customer voluntarily submits it to NETMONASTERY, such as when the Customer registers for an account, submit comments or feedback, make contributions in a manner that NETMONASTERY may permit, or contact NETMONASTERY, or accesses features of the Software including DNIF AI. The types of personal information NETMONASTERY may collect include the name, email address, and any other information the Customer chooses to provide.
1.2. NETMONASTERY may also collect non-personal information automatically as the Customer accesses the Software and/or the SaaS Services. This may include usage details, IP addresses, browser type, and other technical information collected through cookies and other tracking technologies.
1.3. If the Customer accesses DNIF AI features of the Software, the Customer may submit information, including, log samples, configuration files, event logs, metadata and any other information necessary to access DNIF AI features. DNIF AI features are powered by OpenAI. The Customer must ensure the following practices before submitting any information: (a) sanitize the information to ensure no personal information is submitted; and (b) pseudonymize (replace) any personal information to ensure it cannot be used to identify any person. - Use of Information
2.1. NETMONASTERY may use the information it collects from the Customer for the following purposes:
i. To provide and personalize the experience while using the Software and/or the SaaS Services.
ii. To communicate with the Customer, respond to the inquiries, and provide customer support.
iii. To send promotional emails, newsletters, and other information about NETMONASTERY’s products or services, if the Customer has opted in to receive such communications.
iv. To analyze and improve the content and functionality of the Software and/or the SaaS Services.
v. To comply with legal obligations and enforce NETMONASTERY’s rights arising from any contracts entered into between NETMONASTERY and the Customer.
vi. To generate extractors and related functionalities that the Customer opts for.
2.2. The information submitted while accessing DNIF AI feature of the Software is processed in real-time for analysis and validation. NETMONASTERY will retain log samples and related data. This data will not be used by NETMONASTERY to train any AI models. - Disclosure of Information
NETMONASTERY may disclose the Customer’s personal information to third parties who provide services on its behalf, such as hosting providers, email service providers, and analytics services. These third-party service providers are contractually obligated to use the Customer’s personal information only as necessary to provide the services to NETMONASTERY and to maintain the confidentiality and security of the Customer information. NETMONASTERY may also disclose the Customer’s personal information to comply with legal requirements, enforce NETMONASTERY’s policies, respond to claims, or protect the rights, property, or safety of NETMONASTERY, the Customer, or others. NETMONASTERY will not be liable for damages or consequences resulting from such disclosure. NETMONASTERY may share aggregated and anonymized information that does not identify any individual for any lawful purpose. NETMONASTERY may share information submitted by the Customer while accessing DNIF AI features with OpenAI. - Data Security
NETMONASTERY takes reasonable measures to protect the security of the Customer’s personal information from unauthorized access, use, or disclosure by implementing and maintaining data protection policies and establishing standards and mechanisms as required under the Applicable Law. However, no method of transmission over the internet or electronic storage is completely secure, so NETMONASTERY cannot guarantee absolute security. - Customer Choices
The Customer can choose not to provide certain personal information, but this may limit its ability to access certain features of the Software and/or the SaaS Services or receive certain services. The Customer may opt out of receiving promotional emails from NETMONASTERY by following the instructions in those emails. If the Customer opts out, NETMONASTERY may still send non-promotional communications, such as those about its account or NETMONASTERY’s ongoing business relations. The Customer may withdraw its consent in relation to processing of its personal information by writing to us at Compliance@net-mon.net. - Changes to the Policy
NETMONASTERY reserves the right to modify or update this Policy at any time, the Customer is requested to review it periodically. If NETMONASTERY makes changes to this Policy, NETMONASTERY will notify the Customer by posting a notice on the Software and/or the SaaS Services or by other means. By continuing use of the Software and/or the SaaS Services after any changes to this Policy, the Customer agrees to be bound by the revised Policy. - Limitation of Liability
7.1. In no event will the NETMONASTERY, its affiliates, or officers, directors, employees, or agents be liable to the Customer for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way connected with the Customer’s use of or inability to use the Software and/or the SaaS Services or any content on the Software and/or the SaaS Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if NETMONASTERY has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, NETMONASTERY’s liability to the Customer for any cause whatsoever and regardless of the form of the action, will at all times be limited to NETMONASTERY’s liability will not exceed the amount paid by the Customer to NETMONASTERY as SaaS Fees in 2 (two) months preceding the event giving rise to a claim, which may be calculated pro rata in case of yearly or multi year contracts.
7.2 NETMONASTERY will not be responsible for any claims arising in connection with any information submitted by the Customer while accessing the DNIF AI feature of the Software if the Customer fails to comply with the practices set out in clause 1.3. of this Agreement. - Governing Law & Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Any proceeding arising out of or related to this Policy or the Software and/or the SaaS Services, including applications for interim reliefs, will be brought exclusively in the courts located in Mumbai, and the Customer consents to the jurisdiction of such courts.
Any disputes, claims, or controversies that arise from, relate to, or relate to this Policy, including questions about its existence, validity, enforceability, performance, interpretation, breach, or termination, will be conclusively resolved in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The Customer may refer a dispute to arbitration by issuing a notice to NETMONASTERY at the email address: legal@dnif.it The seat and venue of the arbitration will be Mumbai and the language of the arbitration will be English. The arbitral tribunal will consist of one arbitrator, appointed according to the Arbitration Conciliation Act, 1996. The disputing parties will each bear the expenses of their respective lawyer or legal professionals. The cost of the arbitral tribunal and other administrative costs will be borne as per the Arbitration and Conciliation Act, 1996. The Customer and NETMONASTERY agree to maintain the arbitration proceedings confidential, other than as may be directed, and where the disclosure of the award is necessary for the purpose of implementation and enforcement of the award. - Waiver
Any failure or delay in enforcement of any provisions(s) of the Policy by NETMONASTERY will not constitute a waiver of that provision. A waiver of a breach of one or more provision(s) of this Policy does not amount to a waiver of a breach of any other provision of this Policy. The waiver of a specific right or remedy in one circumstance, will not prevent NETMONASTERY from subsequently enforcing the right or seeking the remedy in other circumstances. A waiver of a particular obligation of the Customer in one instance, will not prevent NETMONASTERY from requiring performance of that obligation by the Customer in any other instance.
- Severability
If any provision(s) of the Policy is held invalid or unenforceable by any law, regulation, or any competent court, then such provision(s) will be amended in a manner that renders it valid and enforceable or will be severed while the remaining provisions will remain in force and effect.
- Grievance Redressal
The Customer may address the its grievances, questions, or concerns about the use of the Software and/or the SaaS Services, this Policy or any other policy that may be published by NETMONASTERY, and/or any purpose set out in this Policy, by contacting the Grievance Officer, Bineet Sharma at Compliance@net-mon.net On receipt of grievances, NETMONASTERY will initiate action in accordance with the applicable law.
- Effective Date
This Policy will be effective for the Customer from the date the Customer accepts the Policy. The amendment(s), if any, will be effective from the date they are published.