Policy / Privacy Policy

Privacy Policy

This document is an electronic record in terms of the Information Technology Act, 2000 and the European Union’s Regulation (EU) 2016/679 (the General Data Protection Regulation) (hereinafter referred to as ‘GDPR’), as applicable. This electronic record is generated by a computer system and does not require a physical or digital signature.

Netmonastery Network Security Private Limited, a private company, incorporated under the Companies Act, 1956 allotted Corporate Identification Number (CIN) U72900MH2000PTC127405 and having its registered office at A/1003, Mayfair Symphony, Vikhroli Park Site, Vikhroli - West, Mumbai 400 079, operating under its trade name ‘NETMONASTERY’ (hereinafter referred to as ‘Netmonastery’) is the owner of the the software provided under the trade / product name ‘DNIF’ (hereinafter referred to as the ‘Software’) and the domain names https://dnif.it and https://go.dnif.it (hereinafter referred to as the ‘DNIF Websites’).

Netmonastery is concerned about the privacy of the Users who access/browse/use the DNIF Websites and share Personally Identifiable Information (defined hereinbelow) for the purpose of creating an account, giving feedback to Netmonastery or signing up with Netmonastery on the DNIF Websites. This Privacy Policy is for the purpose of acquainting the Users with the manner in which Netmonastery collects, uses, stores, and discloses the Users’ information that is collected through the DNIF Websites. This Privacy Policy is intended to expressly inform Users of their rights and by express and informed consent acquire the User’s permission and authority to collect and store the User’s personal data. The Users are provided an opportunity to read the terms of the Privacy Policy carefully to understand Netmonastery’s policies and practices regarding the User’s personal data and its collection and storage, prior to the creation of a user account.

The User hereby acknowledges and agrees that the Privacy Policy is subject to changes without express and specific intimation and the User will be required to review the Privacy Policy regularly. The continued use of the DNIF Websites expresses the User’s consent to the updated Privacy Policy. The protection and security of the User’s Personally Identifiable Information is one of Netmonastery’s concerns. The Privacy Policy discloses Netmonastery’s practice with respect to the Personally Identifiable Information collected from the User on the DNIF Websites. By using the DNIF Websites, the User agrees to accept the terms of the Privacy Policy as provided on the DNIF Websites. By accessing or using the DNIF Websites, the User expressly consents to Netmonastery’s use and disclosure of the User’s Personally Identifiable Information in the manner described in this Privacy Policy.

If the User does not agree with the terms of this Privacy Policy, the User is requested to stop from proceeding further and to cease from using the DNIF Websites.

Please read the following terms of Netmonastery’s Privacy Policy:

1. DEFINITIONS

1.1. Authorized Partner shall mean and refer to those persons registered with Netmonastery as resellers, distributors, professional service providers and / or managed service providers;

1.2. Cookie shall mean a small text file that is stored on the User’s computer / device that will enable Netmonastery to recognize the User when the User visits the DNIF Websites. A cookie also enables Netmonastery to store the User’s preferences and settings, enhance the User’s experience by delivering content suited to the User’s interests, perform research and analytics, track usage and activity on the DNIF Websites, and assist with security and administrative functions;

1.3. Entity shall mean and include an artificial and / or juridical person, company, firm, association of persons, whether incorporated or not, government and / or local authority, more specifically;

1.3.1. A company, corporation, trust, firm, limited liability partnership, or similar legal entity (excluding affiliates or subsidiaries which will be treated as a separate Entity);

1.3.2. An agency / sub-department of a department of a government or local authority; and

1.3.3. A non-governmental organization or non-profit organization;

1.4. Personally Identifiable Information shall mean any data or information that is personal to a User and allows persons other than the User to identify the User personally from such data or information and will include without limitation, the following:

1.4.1. The username and password of the User’s account;

1.4.2. Information that can be used to identify, contact or locate the User, to whom such information belongs including, but not limited to, name, address, Entity details, phone number, fax number, email address, etc., which will likely be collected at the time of User’s use of the DNIF Websites;

1.4.3. Any information provided by the User when addressing a query to Netmonastery; and

1.4.4. Billing information (excluding credit card details);

1.5. Privacy Policy shall mean this Privacy Policy; and

1.6. User shall mean and refer to the individual or Entity who accesses or uses the DNIF Websites and/or downloads and / or installs the Software, whether directly or through an Authorized Partner.

2. CONTROLLER:

Netmonastery determines the purpose and means of collecting, storing and processing personal information including the User’s Personally identifiable Information and is the controller with respect to the information collected through the DNIF Websites in terms of Article 4 (7) of GDPR. Netmonastery shall be responsible for collecting, storing and processing all / any information collected through the DNIF Websites.

3. CONSENT TO COLLECT AND STORE INFORMATION:

3.1. The User hereby expressly consents and permits Netmonastery and/ or its representatives to collect, store and process User’s Personally Identifiable Information collected by Netmonastery in accordance with the terms of this Privacy Policy.

3.2. The User shall have a right to withdraw the User’s consent at any time under Article 7 (3) of GDPR. However, the withdrawal of consent shall not affect the lawfulness of the collection, storage and processing of User’s information based on consent prior to its withdrawal.

3.3. The use of the Website in respect of a minor person i.e. a person/ student under the age of 18 (Eighteen) years should be solely through a parent or a guardian of the minor person. By accessing the Website and communicating with Netmonastery, the parent or the guardian of the minor person i.e. the User on behalf of the minor person hereby expressly consents to the collection, storage and processing of the minor person’s information collected by Netmonastery in accordance with the terms of this Privacy Policy.

4. CONSENT TO COLLECT AND STORE INFORMATION:

4.1. The Users will provide Personally Identifiable Information such as their name, electronic mail address, company name and phone number to Netmonastery from time to time while using the DNIF Websites, and Netmonastery will collect, store and process such Personally Identifiable Information provided by the Users.

4.2. The User shall have an option to not provide Personally Identifiable Information. However, the User understands and acknowledges that such Personally Identifiable Information would be necessary for Netmonastery to allow the use of the Software. The User further understands and acknowledges that such Personally Identifiable Information is necessary for facilitating the use of the Software, to create User accounts and respond to User’s queries. The User understands that it will not be possible for Netmonastery to allow the use of the Software in question without receiving certain Personally Identifiable Information from the User.

4.3. Netmonastery encourages the User to review, update, and correct a User’s Personally Identifiable Information. The User shall be solely responsible for the authenticity of the Personally Identifiable Information provided by the User. Upon a request to Netmonastery, the User can review the Personally Identifiable Information provided by the User and shall ensure that any Personally Identifiable Information which is inaccurate or deficient be corrected or amended.

4.4. Upon a written request by the User in the manner set out in Clause 8 of this Privacy Policy, Netmonastery will erase the User’s Personally Identifiable Information from Netmonastery’s database (Right to erasure under Article 17 of the GDPR) However, the User’s Personally Identifiable Information (limited to the information Netmonastery is authorized to collect and store) may remain stored in archive on the servers even after the deletion.

4.5. Netmonastery reserves the right to deny use of the Software or disallow the use of the Software in case of refusal by the User to provide such Personally Identifiable Information or on deletion of the Personally Identifiable Information at the request of the User, as the case may be.

4.6. Netmonastery shall not be responsible for the authenticity of the Personally Identifiable Information supplied by the User.

4.7. The Personally Identifiable Information received by Netmonastery shall be dealt with only for the purpose of provision of services with respect to the Software for which Netmonastery is authorized and the same shall be done in a diligent manner. Netmonastery may use such Personally Identifiable Information to send e-mails, newsletters and postal mails to keep Users informed and updated about the Software. Further Netmonastery may use an End User’s Personally Identifiable Information for feedback purposes to improve the Software and Netmonastery’s marketing and promotional efforts, to analyze the DNIF Websites’ usage, improve the DNIF Websites’ content and customize the DNIF Websites’ content and layout to meet the Users’ needs and provide Users with a smooth, efficient, safe and customized experience while using the DNIF Websites.

4.8. Netmonastery collects, stores and processes User information for the reasons mentioned in this Privacy Policy, which the User expressly acknowledges and grants permission for.

4.9. The User’s Personally Identifiable Information may be stored and processed in any country where Netmonastery has facilities or in which Netmonastery engages or has engaged Authorised Partners, and by using the DNIF Websites, the User consents to the transfer of such Personally Identifiable Information to countries outside of the User’s country of residence, which may have different data protection rules than in the User’s country. 

5. TRACKING AND STORING OF INFORMATION

5.1. The Personally Identifiable Information provided by a User from time to time while using the DNIF Websites will be stored by Netmonastery on a highly secured server.

5.2. Netmonastery may use Cookies to collect, track and store information based on the User’s use of the DNIF Websites. However, the Users must note that it may be possible to disable some (but not all) Cookies through the browser settings/ application settings on the Users’ electronic device, but doing so may interfere with certain functionality on the DNIF Websites. The Users can usually set their browsers/applications to block all third-party Cookies (which are those set by third-party companies collecting information on internet platforms operated by other companies), block all Cookies (including first-party Cookies such as the ones Netmonastery uses to collect activity information about its Users), or block specific Cookies. By using the DNIF Websites, the Users are set to accept Cookies and consent to Netmonastery’s use of Cookies in the manner described in this section.

5.3. Netmonastery shall have no control over the usage of any third-party cookies placed on the Website.

6. SHARING OF INFORMATION

6.1. The Personally Identifiable Information shall be accessed only by persons required to access the information and shall not be shared with any third party and shall not be viewed by any person other than Netmonastery, its affiliates and associate companies, directors, officers, employees, Authorised Partners, if and when required. The User shall not have any objection with Netmonastery sharing such Personally Identifiable Information with aforementioned persons.

6.2. Netmonastery will share some or all of the Users’ Personally Identifiable Information with another business entity in the event such business entity merges with Netmonastery, acquires Netmonastery or enters into any other corporate restructuring with Netmonastery. Such business entity shall be required to comply with this Privacy Policy with respect to the Users’ Personally Identifiable Information or inform the User of any modifications to this Privacy Policy.

6.3. Netmonastery’s commitment to protect Users’ Personally Identifiable Information is subject to Netmonastery’s requirements under applicable law and Netmonastery reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further, Netmonastery may disclose the User’s identity and contact information, if requested by a government or law enforcement body or under any other legal action or where such disclosure is required to be made to a government agency mandated under the law to obtain such Personally Identifiable Information. Netmonastery shall be required to make such disclosures to the government agency in all such cases for the verification of identity, or for prevention, detection, and investigation including cyber incidents, prosecution and punishment of offences. The User expressly acknowledges that Netmonastery shall not be liable for damages or results arising from such disclosure and the User agrees not to bring any action or claim against Netmonastery for such disclosure.

6.4. Netmonastery shall be compelled to disclose the Personally Identifiable Information of the Users to a third party in all such cases where Netmonastery is acting in compliance of an order passed under applicable law, directing Netmonastery to disclose such Personally Identifiable Information.

7. RIGHTS OF THE USER:

7.1. Right to Information: The User has the right to acquire information with respect to processing of its Personally Identifiable Information from Netmonastery in the manner set out in Articles 12, 13 and 14 of GDPR. To exercise this right, the User shall be required to provide Netmonastery with an exercise notice in accordance with Clause 8.1 of this Privacy Policy. Upon receipt of the exercise notice, Netmonastery undertakes to provide information sought by the User in a concise, transparent, intelligible and easily accessible form subject to authentication of the User’s identity in accordance with Clause 8.2 of this Privacy Policy. The information shall be provided in a written form or by other means, including electronic means, where deemed appropriate by Netmonastery.

7.2. Right of Access: The User has a right to obtain a confirmation from Netmonastery with respect to processing of User’s Personally Identifiable Information and to access the User’s information that is being processed by Netmonastery and/ or its representatives in accordance with Article 15 of GDPR. To exercise this right, the User shall be required to provide Netmonastery with an exercise notice in accordance with Clause 8.1 of this Privacy Policy. Upon receipt of the exercise notice, Netmonastery undertakes to provide the User with a confirmation with respect to the processing of information and the access to the User’s information subject to authentication of the User’s identity in accordance with Clause 8.2 of this Privacy Policy.

7.3. Right to Rectification: The User has a right to obtain a rectification of inaccurate Personally Identifiable Information pertaining to the User and to have incomplete personal data completed while considering the purpose of processing as per Article 16 of GDPR. To exercise this right, the User shall be required to provide Netmonastery with an exercise notice in accordance with Clause 8.1 of this Privacy Policy. Upon receipt of the exercise notice, Netmonastery undertakes to complete any incomplete information or rectify any inaccurate information and provide a statement to the User of such rectification of information subject to authentication of the User’s identity in accordance with Clause 8.2 of this Privacy Policy.

7.4. Right of Erasure: The User has a right to seek erasure of User’s Personally Identifiable Information without undue delay in accordance with Article 17 of GDPR. To exercise this right, the User shall be required to provide Netmonastery with an exercise notice in accordance with Clause 8.1 of this Privacy Policy. Upon receipt of the exercise notice, Netmonastery undertakes to erase the User’s Personally Identifiable Information in a reasonable period without undue delay subject to authentication of the User’s identity in accordance with Clause 8.2 of this Privacy Policy.

7.5. Right to Restriction of Processing: The User has a right to restriction of processing of Personally Identifiable Information (i) which has been contested to be inaccurate by the User; (ii) processing of which information is unlawful; (iii) where Personally Identifiable Information is no more required to be processed by the controller but is required by the User for legal purposes; and (iv) where User has objected to the processing of Personally Identifiable Information in terms of Article 21 (1) of GDPR. To exercise this right, the User shall be required to provide Netmonastery with an exercise notice in accordance with Clause 8.1 of this Privacy Policy. Upon receipt of the exercise notice, Netmonastery undertakes to limit/ restrict processing of Personally Identifiable Information subject to authentication of the User’s identity in accordance with Clause 8.2 of this Privacy Policy.

7.6. Right to Data Portability: The User has a right to data portability i.e. the User shall have a right to have its Personally Identifiable Information transmitted directly from Netmonastery to another controller subject to technical feasibility in a structured format as set out in Article 20 of GDPR. To exercise this right, the User shall be required to provide Netmonastery with an exercise notice in accordance with Clause 8.1 of this Privacy Policy. Upon receipt of the exercise notice, Netmonastery may take steps to transmit User’s Personally Identifiable Information to another controller subject to authentication of the User’s identity in accordance with Clause 8.2 of this Privacy Policy and feasibility to transfer the information.

7.7. Right to Object: The User has the right to object to lawful processing of Personally Identifiable Information including profiling of information for reasons arising out of the User’s particular situation as set out in Article 21 (1) of GDPR. To exercise this right, the User shall be required to provide Netmonastery with an exercise notice in accordance with Clause 8.1 of this Privacy Policy. Upon receipt of the exercise notice and subject to authentication of the User’s identity in accordance with Clause 8.2 of this Privacy Policy, Netmonastery will no longer process its Personally Identifiable Information unless Netmonastery can establish compelling and legitimate grounds for processing that outweighs User’s interests, rights and freedoms, or if the processing aids the enforcing, exercising or defending of legal claims.

8. NOTICE TO EXERCISE RIGHTS:

8.1. To exercise the rights as stated in Clause 7.1 to 7.7 above, the User shall be required to provide Netmonastery with an exercise notice by way of an email addressed to Netmonastery’s Data Protection Officer stating the particulars of the right that the User wants to exercise and the reason for such exercise.

8.2. The User will be required to verify and authenticate its identity by providing Netmonastery with a valid government identity proof to establish the genuineness of the User’s request to exercise the right/s.

9. SECURITY PRECAUTIONS:

9.1. The protection and security of the User’s Personally Identifiable Information is one of Netmonastery’s foremost concerns. The Privacy Policy discloses Netmonastery’s practice with respect to the information collected from the User via the Website.

9.2. Netmonastery has implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to the Personally Identifiable Information of the User and to maintain data security. These safeguards take into account the sensitivity of the Personally Identifiable Information that Netmonastery collects, process and stores and the current state of technology. Netmonastery’s security measures are reviewed regularly and updated in terms with technological advances.

9.3. Netmonastery follows generally accepted industry standards to protect the Personally Identifiable Information submitted to it. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while Netmonastery strives to use commercially acceptable means to protect the Personally Identifiable Information of the Users, Netmonastery cannot guarantee its absolute security and thereby usage in a manner that is inconsistent with the Privacy Policy.

9.4. Netmonastery assumes no liability or responsibility for disclosure of the User’s Personally Identifiable Information due to errors in transmission, unauthorized third-party access, or other causes beyond Netmonastery’s control. The User plays an important role in keeping its Personally Identifiable Information secure. If Netmonastery receives instructions through the User’s account, Netmonastery will consider that such User has authorized the instructions.

9.5. Notwithstanding anything contained in the Privacy Policy or elsewhere, Netmonastery shall not be held responsible for any loss, damage or misuse of the User’s Personally Identifiable Information, if such loss, damage or misuse is attributable to a Force Majeure Event (defined herein under).

10. SOCIAL PLUGINS:

10.1. DNIF Websites contains social plugins that direct the Users to Netmonastery’s profiles/ pages on social media platforms like Facebook, Twitter and YouTube. The social plug-ins will be activated only once the User clicks on the respective icons/ widgets appearing on the DNIF Websites.

10.2. By clicking the social plug-ins, the Users consent to collection of User’s information by the respective media platform icons/ widgets. The User must note that once the social plug-ins are activated, the respective platforms may collect and track information. These social plug-ins will also collect certain technical information from the User and transmit to the respective social media platform.

10.3. Netmonastery has no control over the manner and extent of collection, tracking and processing of information on the social media platforms and Netmonastery encourages Users to review the privacy policies/ data protection policies of the respective social media platforms. Netmonastery disclaims all liability in respect of such collection, tracking and processing of User’s information.

11. MAINTENANCE OF RECORDS:

Netmonastery and representatives of Netmonastery shall maintain a record of processing activities in respect of the User’s information in accordance with Article 30 of GDPR.

12. COMMUNICATION OF BREACH TO THE USER:

Netmonastery agrees to notify the User as soon as it becomes aware of any actual unintended data breach of Personally Identifiable Information that may result in a high risk to the User’s rights and freedoms. Netmonastery shall communicate such breach of Personally Identifiable Information to the User without any delay in accordance with Article 34 of GDPR.

13. FORCE MAJEURE:

Notwithstanding anything contained in the Privacy Policy, Netmonastery shall not be held liable for any loss or damage with respect to the use of the DNIF Websites, if the same arises out of any cause due to which Netmonastery is wholly or partly unable to perform its obligations and which is not reasonably within the control of Netmonastery. Further, Netmonastery will not liable for any loss or damage which is not a result of the fault or negligence of Netmonastery or which occurs despite all reasonable attempts of Netmonastery to avoid or mitigate the same. This includes without limitation, penetration events such as hacking, malware, encryption; internet outage; server breakdowns; server downtime; system incompatibility; unauthorized access to computer data and storage devices; strikes; labour disputes or industrial action of any kind; civil commotion; lockouts; war; fire; explosion; flood; acts of terror; riot; acts of God; governmental action and / or restrictions and other events or circumstances that are beyond the reasonable control of Netmonastery (‘Force Majeure Event’).

14. CHANGES TO THE PRIVACY POLICY:

14.1. Netmonastery reserves the right to amend the Privacy Policy from time to time to reflect changes in the applicable law, Netmonastery’s data collection and usage practices, the features of the DNIF Websites, or advances in technology.

14.2. The User is requested to check this page periodically for changes. Use of the Personally Identifiable Information collected by Netmonastery is subject to the Privacy Policy in effect at the time such Personally Identifiable Information is used. If Netmonastery makes any material changes to the Privacy Policy, Netmonastery will post the changes on the DNIF Websites. The User is requested to review the changes carefully.

14.3. The User’s continued use of the DNIF Websites following the posting of changes to the Privacy Policy will constitute the User’s consent and acceptance of those changes.

15. GOVERNING LAW AND DISPUTES:

15.1. The terms of this Privacy Policy shall be governed by the substantive laws of India, without giving effect to the conflicts of law principles of any jurisdiction. 

15.2. Any dispute arising out of or in connection with this Privacy Policy, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration. The seat of the arbitration shall be Mumbai, India. The Tribunal shall consist of one arbitrator nominated by Netmonastery. The language of the arbitration shall be English. The law governing this arbitration agreement shall be the Arbitration and Conciliation Act, 1996 (as amended and re-enacted at the relevant time). The law governing the Privacy Policy shall be the law of the Republic of India, without giving effect to the conflicts of law principles of any jurisdiction.

15.3. The provisions of GDPR will be applicable to the extent of processing of Personally Identifiable Information of the Users who are citizens of the European Union.

16. COMPLAINTS:

In accordance with Article 77 of GDPR, the Users have the right to complain to a relevant data protection supervisory authority in the Member State of the European Union where the User resides, has place of work or place where the alleged infringement of GDPR took place if the User believes that the processing of the User’s Personally Identifiable Information by Netmonastery infringes any provision of GDPR.

17. GENERAL PROVISIONS:

By accessing the DNIF Websites, the Users have agreed to the terms set out in the Privacy Policy. Unless stated otherwise, the Privacy Policy applies to all Personally Identifiable Information that Netmonastery has about the User.

18. GRIEVANCE OFFICER:

In accordance with Information Technology Act 2000 and Article 37 of the European Union’s Regulation (EU) 2016/679 (the General Data Protection Regulation), the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Privacy Policy or questions are published as under:

Grievance and Data Protection officer name:Shomiron Das Gupta (●) E-mail address: [email protected](●) [(●) to (●) from Monday to Friday except Public Holidays]

Published by Netmonastery Network Security Private Limited on January 1, 2017.