Privacy Policy

1. Introduction and Scope

Welcome to Nexentity. We respect your privacy and are committed to protecting your personal data. This comprehensive Privacy Policy governs the manner in which Nexentity ("we," "us," or "our") collects, uses, maintains, and discloses information collected from users (each, a "User") of the Nexentity website, applications, and digital services (collectively, the "Platform").

This Privacy Policy applies to the Platform and all products and services offered by Nexentity. By accessing our Platform, utilizing our software development services, IT consulting, or application maintenance, you expressly consent to the data practices described in this extensive policy. We have designed this policy to be compliant with global data protection regulations, including the Information Technology Act, 2000 (India), the General Data Protection Regulation (GDPR) for our European clients, and the California Consumer Privacy Act (CCPA) for our American clients.

It is crucial that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data.

2. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). Depending on your level of interaction with our Platform and services, we may collect, use, store, and transfer different kinds of personal data about you, which we have grouped together as follows:

• Identity Data: Includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, and gender. For enterprise clients, this includes company name, incorporation details, and corporate roles.
• Contact Data: Includes billing address, delivery address, email address (including corporate email addresses), and telephone numbers.
• Financial Data: Includes bank account and payment card details necessary for the processing of invoices related to our software development and consulting services.
• Transaction Data: Includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data: Includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data: Includes your username and password, project requests made by you, your interests, preferences, feedback, and survey responses.
• Usage Data: Includes deeply granular information about how you use our website, products, and services, including heatmaps, clickstream data, and navigation paths.
• Marketing and Communications Data: Includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

3. How Is Your Personal Data Collected?

We use different methods to collect data from and about you, including through:

• Direct Interactions: You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
  • Request a software development or IT consulting proposal;
  • Subscribe to our newsletter or publications;
  • Request marketing to be sent to you;
  • Enter a competition, promotion, or survey; or
  • Give us feedback or contact us.
• Automated Technologies or Interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, web beacons, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
• Third Parties or Publicly Available Sources: We may receive personal data about you from various third parties and public sources, including:
  • Analytics providers such as Google Analytics based outside the EU/EEA;
  • Advertising networks and search information providers;
  • Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services;
  • Identity and Contact Data from publicly available sources such as the Ministry of Corporate Affairs (MCA) in India or equivalent corporate registries globally.

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Performance of a Contract: Where we need to perform the contract we are about to enter into or have entered into with you, such as delivering a custom web application or providing server maintenance.
• Legitimate Interests: Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. This includes business management, IT security, and direct marketing.
• Legal Obligation: Where we need to comply with a legal or regulatory obligation, such as tax reporting to the Government of India.

Specific Purposes for Processing:
We use your Identity and Contact data to register you as a new client, manage payments, fees and charges, and collect and recover money owed to us. We use your Technical and Usage data to administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data). We use your Profile, Usage, and Marketing data to deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.

5. Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes described in this policy:

• Internal Third Parties: Other teams or departments within Nexentity acting as joint controllers or processors and who are based in India and provide IT and system administration services.
• External Third Parties:
  • Service providers acting as processors who provide cloud hosting (e.g., AWS, Vercel), database management (e.g., Google Workspace, Google Sheets API for contact forms), and IT administration services.
  • Professional advisers acting as processors or joint controllers, including lawyers, bankers, auditors, and insurers based in India who provide consultancy, banking, legal, insurance, and accounting services.
  • Regulators and other authorities acting as processors or joint controllers based in India or other applicable jurisdictions who require reporting of processing activities in certain circumstances.
• Corporate Transactions: Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our strict instructions.

6. International Transfers

Nexentity is headquartered in Jaipur, Rajasthan, India. However, we serve a global client base, including enterprise clients in the USA, UK, Canada, and the European Union. Consequently, we share your personal data within the Nexentity ecosystem and with our external third-party service providers. This may involve transferring your data outside the European Economic Area (EEA) or your home country.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• We utilize standard contractual clauses (SCCs) and data processing agreements (DPAs) with our cloud vendors and software providers to ensure full compliance with international data transfer laws.

7. Data Security and Infrastructure

We have implemented state-of-the-art security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. Our digital infrastructure relies on enterprise-grade cloud environments, utilizing end-to-end encryption, strict Identity and Access Management (IAM) policies, and zero-trust network architectures.

In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a strict business need to know. They will only process your personal data on our explicit instructions, and they are subject to strict duties of confidentiality. We have put in place robust procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data Retention

How long will you use my personal data? We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

By law we have to keep basic information about our clients (including Contact, Identity, Financial, and Transaction Data) for a minimum of eight years for tax purposes in India. In some circumstances, you can ask us to delete your data (see "Your Legal Rights" below for further information).

9. Your Legal Rights

Under certain circumstances, you have powerful rights under data protection laws in relation to your personal data. Depending on your jurisdiction (such as GDPR in the EU, CCPA in California, or the DPDP Act in India), these rights may include:

• Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in certain scenarios.
• Request the transfer of your personal data to you or to a third party (Data Portability).
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact our Data Protection Officer at our official email address. You will not have to pay a fee to access your personal data. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive.

10. Use of Cookies and Tracking

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Nexentity Platform may become inaccessible or not function properly. We use cookies primarily for analytical purposes to understand website traffic patterns, optimize user journeys, and ensure our cloud infrastructure routes traffic efficiently.

11. Changes to the Privacy Policy

We keep our Privacy Policy under regular review. This version was last updated on the date stated at the top of this page. We reserve the right to update or modify this policy at any time to reflect changes in our technological infrastructure, legal obligations, or business practices. We will notify you of any material changes by posting the new Privacy Policy on this page and, where appropriate, via email notification.

12. Contact Us

We have appointed a Data Privacy Manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the Data Privacy Manager using the details set out below: