Privacy Policy

PRIVACYPOLICY‍

NEWTRACE PRIVATE LIMITED

I. DEFINITIONS

1. “Act” means Information Technology Act, 2000;

2. “Applicable Law(s)” means all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives and orders as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter or other governmental restrictions or any similar form of decision of, or determination by any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India;

3. “Consent” shall mean as per Clause (III) of the Privacy Policy;

4. “Platform” means the website with the domain name www.newtrace.io owned and operated by Newtrace Private Limited;

5. “Purpose” includes,

To receive enquiries with respect to the Products offered by Newtrace Private Limited,
To respond to such enquiries, when necessary,
to provide additional information about our products and services.

6. “Personal Information”, shall mean information such as (a) Name of the User; (b) Company Email Address, as provider by the User; (c) Name of Company, as and when collected;

7. “Rules” means the Information Technology(Reasonable Security Practices and Procedures and Sensitive Personal Data or Information)Rules, 2011;

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II. PRIVACY POLICY

1. This privacy policy (“Privacy Policy”) governs the use of the website for www.newtrace.io (“Platform”) owned and operated by Newtrace Private Limited (“Newtrace”, “we”, “us”, “our”).

2. This Privacy Policy has been duly framed in accordance with the Information Technology Act, 2000 (“Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Rules”) and / or any rules made there under to ensure maximum protection to the information provided by its users (“You” or “User”).

3. By using the Platform, you agree to abide by the terms and conditions pertaining to collection, retention, and use of information set forth in this Privacy Policy. If You do not agree to the Privacy Policy, you may exit.

4. The Platform is not targeted towards children. The target audience and content thereof shall be targeted towards adults who are above the above of 18 (Eighteen). In the event the Platform has been accessed and / or any Personal Information has been inadvertently collected from a person / child not eligible as per this clause, kindly contact Newtrace at hello@newtrace.io and Newtrace shall delete such Personal Information as soon as possible.

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III. CONSENT OF USER

1. If You are a business entity, You warrant and represent that You are accessing the Platform for business or related purposes only and hold valid registrations for its entity with relevant statutory authority, where applicable.

2. If the User is registering as, or on behalf of, a corporate entity, User warrants and represents that User has requisite authority to bind that corporate entity and that User is duly authorized by the business entity to accept the Privacy Policy and User has the authority to bind that business entity to the Privacy Policy.

3. You acknowledge that Your Consent is being obtained for the Purpose defined under Clause I(v).

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IV. POINTS OF DATA COLLECTION

1. We collect information from Users when the Users access the,
(a) Contact Us page or (b) Product Enquiry page of the Platform.

2. Newtrace receives information only when the Users enter their Personal Information on the Platform.

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V. USE OF DATA COLLECTED

Newtrace may use the information collected from Users for the Purpose defined under clause I(v) of this Agreement and Newtrace will solely contact such Users by way of email to answer, clarify or respond to the query posted by the User.

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VI. STORAGE OF DATA

1. Newtrace will store Your Personal Information at the designated email id being hello@newtrace.io which is managed and operated by the business operations division of Newtrace. The Personal Information shall be stored for such time period as may be permissible under Applicable Laws.

2. In the event You wish to delete the Personal Information stored with Newtrace, the same shall be honored by Newtrace if requested inwriting to hello@newtrace.io. Any Personal Information deleted by Newtrace shall not be available to restore under any circumstances.

3. As a rule, all records are regarded as confidential. Therefore, will not be divulged to any third party, unless required as per the terms of this Privacy Policy or under Applicable Laws.

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VII. COOKIE POLICY

1. Our Platform may use cookies. By using our Platform and agreeing to these terms of use, Users’ consent to our use of cookies in accordance with the terms of this Privacy Policy.

2. The use of cookies is employed to:

Compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in future; and
Understand Users’ preferences based on previous or current site activity, which enables us to provide Users with improved services;
Compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in future; and
Understand and save Users preferences for future visits.

3. You can choose to direct your computer warn you each time a cookie is being sent, or Users can turn off all cookies through Users browser settings. Each browser is different, so refer your browser's Help Menu to learn the correct way to modify your cookies.

4. If Users disable cookies Users can still visit our site but some features will be disabled. This could affect the User's Platform experience and efficiency.

5. Newtrace is neither responsible nor liable for any actions or policies of any third parties, and Users are expressly advised check the applicable privacy policy of such third party before providing Personal Information to such third parties.

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VIII. SECURITY MEASURES

1. In order to ensure the security of your Personal Information, Newtrace employs various security measures.

2. Newtrace uses security practices and procedures including role-based access, secure communication, password protection, encryption, etc., to ensure that the Personal Information collected is secure.

3. Notwithstanding, despite Newtrace’s best efforts, in the event there is an unauthorized access or use and / or software failure and / or compromise to the security of the Personal Information, due to factors beyond the control of Newtrace, including but not limited to, a hack and / or a server failure, Newtrace shall not be liable for any losses and / or damages endured by You.

4. You agree, understand and support the fact that the internet may not be a secure source and therefore, we cannot guarantee the unequivocal protection of User Information.

The security measures set out thereunder comply with the requirements of Rule 8 of the SPDI Rules.

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IX. MECHANISM OF SHARING DATA WITH THIRD PARTIES

1. We may disclose Personal Information about you to our representatives and other third parties. We also reserve the right to disclose your Personal Information to third parties in an anonymous or aggregate form, to understand customer trends and patterns and manage and improve our business relationships.

2. We may provide your Personal Information to our representatives, auditors or legal advisors to obtain professional advice. Any such processing will be governed by an agreement in the form required as per Applicable Law, preserving any and all of Your statutory data protection rights.

3. You acknowledge that Newtrace may be obligated by law to disclose and / or transfer your Personal Information with judicial and / or quasi – judicial courts and government agencies in certain instances such as for verification of identity or for prevention, detection, investigation, prosecution, and punishment for offences, or in compliance with Applicable Laws. In the event of any regulatory inquiry, including court issued warrants or written request from any agencies of the Government, supported by warrants, Newtrace shall have no option but to de-encrypt the Personal Information to the extent sought and share the same with such regulator or court or appropriate authority upon receiving specific warrant from such authority issued by a competent Court. In such an event Newtrace shall not be liable in any way for such disclosure and Newtrace shall not be responsible to either inform Users or seek Users’ prior approval.

4. Notwithstanding the above, we are not responsible for the confidentiality, security or distribution of Your Personal Information by third party(ies) outside the scope of our agreement with such third party(ies). Newtrace will not be responsible for any breach of security or for any actions of any third parties or events that are beyond Newtrace’s reasonable control, including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service and / or telephone service of the User etc.

5. Newtrace may share your Personal Information with our other corporate and/or associate entities and affiliates to; (a) help detect and prevent identity theft, fraud and other potentially illegal acts and cyber security incidents, and (b) help and detect co-related/related or multiple accounts to prevent abuse of our services.

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X. PRINCIPLES FOR PROTECTION OF PRIVACY

1. Commitment to Privacy. The Platform is strongly committed to Users right to privacy and to keeping Users Personal Information secure. To earn Users’ trust and confidence, we are fully disclosing our privacy practices. We encourage Users to read our Privacy Policy to understand what types of Personal Information we collect and how we use this information.

2. Applicability. This Privacy Policy sets forth the reasonable security practices and procedures adopted by Newtrace and shall apply to the use, disclosure and sharing Personal Information provided by the registered users of the Platform which is owned and operated by Newtrace. The Policy outlines the various measures undertaken by Newtrace to provide Users with a convenient and safe online/ experience, while maintaining and safeguarding the confidentiality, integrity, and security of Users’ Personal Information, during storage and transmission through the world wide web. This Policy explains how Newtrace protects Personal Information provided by Users through the Platform and how Newtrace stores and uses that information, to deliver the services on the Platform.

3. Change in Policy. This Privacy Policy is subject to change at any time by Newtrace, and it is advised that Users review this Policy periodically. Any change to this Policy will become effective as soon as it is posted or linked to the revised Privacy Policy on the Platform. Users shall receive a notification whenever there is a change in our Policy on Users registered email ID and the issuance of the notification shall constitute a fair amendment of the Privacy Policy.

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XI. PURGING OF PERSONAL DATA

Users’ personal data may be stored with Newtrace for a period of time after the User ceases to use or access our Platform for the purposes mentioned in this Privacy Policy and the same may be eventually erased / purged/ removed from Newtrace storage.

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XII. RIGHT TO INJUNCTIVE RELIEF

It is acknowledged and admitted by the User that a breach of the Privacy Policy by the User can cause irreparable damage to Newtrace, and such damages may or may not be entirely quantifiable in monetary terms. Therefore, in the event of a breach of this Privacy Policy by the User, the User acknowledges that Newtrace shall have a prima facie case and a favorable balance of convenience to seek an injunctive relief to stop such continuing breach from a court of competent jurisdiction.

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XIII. LIMITATION OF LIABILITY

1. THE PLATFORM IS PROVIDED BY NEWTRACE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

2. NO LIABILITY ARISING OUT OF ANY VIOLATION OF DATA PRIVACY LAW IN ANY OTHER COUNTRY OTHER THEN REPUBLIC OF INIDA SHALL RESIDE WITH NEWTRACE. THE USERS OF SUCH COUNTRY (OTHER THAN REPUBLIC OF INDIA) NEED TO BE AWARE OF THE DATA PROTECTION LAWS OF THAT COUNTRY AND ACCORDINGLY ASSESS THE RISK SINCE NEWTRACE CLEARLY DISCLAIMS ALL RESPONSIBILITY RELATED TO PROTECTION OF SUCH DATA.

3. WITHOUT LIMITING THE GENERALITY OF ABOVE CLAUSE, NEWTRACE MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET USERS’ REQUIREMENTS OR THAT USERS USE OF THE PLATFORM, OR ACCESS TO THE PRODUCTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (II) THE QUALITY OF THE PLATFORM WILL MEET USERS’ EXPECTATIONS.

4. NEWTRACE SHALL NOT BE LIABLE FOR:

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ANY LOSS THAT USERS MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF USERS ACCOUNT OR ACCOUNT INFORMATION;
ANY INTERRUPTION OR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON INCLUDING BUT NOT LIMITED TO SYSTEMIC FAILURES AND ACTS OF GOD;
ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER-VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THERE FROM; OR
ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
ACCURACY, CORRECTNESS OR ORIGINALITY OF ANY DATA INCLUDING ALL INDICES PUBLISHED ON THE PLATFORM WHETHER THE SAME IS THIRD PARTY DATA OR OTHERWISE.

5. USERS ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS ON NEWTRACE LIABILITY SET OUT IN THIS CLAUSE ARE DISTINCT AND SEPARATE PROVISIONS. IF ANY PROVISION OR PART-PROVISION OF THIS CLAUSE IS OR BECOMES INVALID, ILLEGAL OR UNENFORCEABLE, SUCH RESPECTIVE PROVISIONS SHALL BE SEVERED FROM THE PRIVACY POLICY AND THE PRIVACY POLICY SHALL BE READ WITHOUT SUCH UNLAWFUL PROVISIONS.

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XIV. GRIEVANCE REDRESSAL MECHANISM

In order to address any of Your grievances and / or discrepancies of the information displayed on the Platform, please inform within 24 hours of occurrence of the instance from which the grievance has arisen, by writing an email at grievance@newtrace.io. Newtrace shall designated to the grievance redressal officer(s) (“Grievance Officer”). The Grievance Officer shall redress all the grievances expeditiously but within 15 (fifteen) days from the date of receipt of the grievance as provided under the Act.

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XV. INDEMNITY

Users shall indemnify, defend and hold harmless Newtrace from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorney's fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Newtrace that arise out of, result from, or may be payable by virtue of any breach or non-performance by Users of any of the terms of this Privacy Policy use of the Platform.

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XVI. GOVERNING LAW AND DISPUTE RESOLUTION

All disputes arising out of this Privacy Policy and any disclaimers on the Platform shall be subject to the sole and exclusive jurisdiction of the courts of Bengaluru, India.