Privacy Policy

This privacy policy is effective as of 06, Nov 2023

Introduction

Introduction

Kinelabs Private Limited (“we”/”our”/”us”/”Kinelabs”) is a company having its registered office at Kinelabs Private Limited, No 307, 9A Cross, Jakkur Yelahanka, Main Road, Bengaluru Urban, Karnataka, India, Pincode: 560064

We understand that when our customers (“you”/“your”/“user”) access our website (www.kine.ai) and/or mobile applications Kine Capsule, Kine Raise, Kine Throttle and Kine Docbots (“platform”), they instil certain trust in us. We aspire to keep the trust intact. Our privacy policy (“policy”) is designed to help you understand what data we collect, why we collect such data, how we store and use the data and what rights do you have with respect to your data.

1. Definitions and interpretations

Any and all terms not defined under this policy shall have the same meaning as provided under the terms of the platform.

  • 1.1 “Super admin” shall mean the authorized user of a company that enters into an agreement with Kinelabs.
  • 1.2 “Company” shall mean the organization that wishes to avail the service rendered by Kinelabs through the platform.
  • 1.3 “Consent” shall mean your acceptance is free from any undue influence or ambiguity with regard to the terms of this policy and you consent to the collection, storage, use and disclosure of the data as described in the terms of this policy.
  • 1.4 “Cookies” shall mean a small piece of text sent to your browser by the platform. Cookies include other tracking technologies to process the data collected by the platform.
  • 1.5 “Data” shall mean the information collected by us, whether or not by automated means, through the platform which directly or indirectly relates to you and may be subjected to processing in accordance with this policy.
  • 1.6 “Process/Processing” shall mean operation or set of operation which is performed on the data or on sets of data, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, use, alignment or combination, indexing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction of the data.
  • 1.7 “Service” shall mean and include all the services including the platform provided by Kinelabs.

2. Data collected

We collect the following data to enable us to provide the services effectively:

2.1 Information provided to us

2.1.1 Registration information

2.1.1.1 Admin users

We collect the following personally identifiable data for the purpose of registering with our platform:

  • a) First name
  • b) Last name
  • c) Email address
  • d) Phone number of the superadmin
2.1.1.2 Other users

We also collect the following information from other users of the platform in connection with registration:

  • a) First name
  • b) Last name
  • c) Email address

2.1.2 Company information

We collect the following information of the company at the time of registration:

  • a) Name of the company
  • b) Country
  • c) Address
  • d) Town/City
  • e) State/Country
  • f) Zip code
  • g) Various tax IDs

2.1.3 Payment information

In order to avail the benefits of our services, we collect the following credit card information. However, please note that we do not process or store your credit card information, but our third-party payment processor does.

  • a) Card number
  • b) Date of expiry (mm/yyyy)
  • c) Name on the card
  • d) Card location
  • e) Street address
  • f) City
  • g) Postal code

2.2 Information collected by us

2.2.1 When you use the platform

We may automatically collect information such as a record of the details of usage, any comments, opinions, feedback and other communications with us or directed at us which you provide through the platform, technical information about your device for system administration and analysis, including your IP address, unique device identifiers, software version, service provider, operating system, network and browser type, information about how you use the platform, and such other information that may be automatically collected as part of log files or other metadata.

2.3 Information we collect from third parties

2.3.1 From time to time

We collect data about you from third party sources such as tools used by software teams including but not limited to the project management tools, source code management tools and test management tools.

3. Consent

  • 3.1 By using our services, you hereby expressly consent to the collection, processing, storing, disclosing and handling of the data enumerated under clause 2 in accordance with the terms of this policy.

4. Use and purpose of the data collected

4.1 We use the data we collect to manage and to provide the core functionality of the services through the platform. The data we acquire from and/or about you shall be treated as confidential and shall be used only for the purpose of enabling us to provide the services effectively.

4.2 We may use the data collected for the following purposes:

  • 4.2.1 We use your registration information that we collect to create your account on our platform, to send out alerts, notifications and nudges and to provide you with our service.
  • 4.2.2 We use the company information and details to create billing invoices and other information that may enhance your experience with our services.
  • 4.2.3 We use the credit card information for payments you have authorized, to avail the benefits of our service.
  • 4.2.4 We use the data collected for marketing purposes including but not limited to the purpose of contacting you to further discuss your interest in the services and to send you information regarding Kinelabs, its affiliates, and its partners, such as information about promotions or events.
  • 4.2.5 We use the other information that we collect such as your device data and usage data to better understand how our users use our platform and to improve our platform and services.
  • 4.2.6 We may use the data that you provide vide emails or any communication made to us to provide customer support and/or to respond to your queries and send emails about the maintenance of the platform and/or platform or any updates.
  • 4.2.7 We may use your personally identifiable data, if necessary, for security purposes or to comply with our legal obligations.

4.3 We limit our use of your data to the purposes listed under this policy. In the event, we need to use your data for any other purposes, your consent shall be taken first.

5. Disclosure of data

5.1 Except as provided herein in this policy, no personally identifiable Data will be disclosed or shared with any third-parties other than those explicitly provided, without your express consent.

5.2 Authorized representatives

5.2.1 We may disclose the Data collected to any of our authorized agents, employees, officers, representatives or consultants, who process the data on our behalf, strictly on confidential terms, as reasonably necessary, for the purposes set out in this policy. This may include international transfer of data in accordance with this policy.

5.2.2 The data collected may also be shared with third-party tools including but not limited to Google Analytics, Mix Panel and Pendo.io to understand the user behavior, improve existing and develop new features.

5.2.3 We may disclose the data to such parties in order to provide you with customer support facilities, for the purpose of operating and maintaining the platform, to comply with our legal obligations and/or to enforce our terms of service of the platform.

5.2.4 The data collected may also be disclosed or otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of insolvency, bankruptcy, or receivership under which information is transferred to one or more third parties as one of our business assets.

5.3 Compelled disclosure

5.3.1 We may disclose the data as may be legally required in the event of any requirement by court order, government or to any extent required by law or legal proceedings to the appropriate authority in order to comply with the rules and regulations.

5.3.2 We shall neither assume any liability nor indemnify you for any loss, damages or expenses incurred by you due to the compulsory disclosure of the data by us.

6. Data security

6.1 We have implemented and will maintain physical, electronic and procedural security measures in accordance with the standards prescribed under the applicable law that are reasonably designed to help protect the integrity and the security of the data.

6.2 Although we will do our best to protect your personal data, no security system can prevent all potential security breaches and therefore, we cannot guarantee the security of your data transmitted to the platform and you acknowledge that any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features that are appropriate to the type of personal data you have provided to try to prevent unauthorized processing such as unauthorized access, disclosure, alteration or removal of data.

6.3 In the event we become aware of any security breach that affects any personally identifiable data held or stored by us in connection with the services, we shall adopt adequate efforts to communicate the details of the same to you, without undue delay.

7. Data retention

7.1 We shall retain the data for a period necessary to fulfil the purposes for which we collected the data, as described hereunder, or for a period required under the applicable law, unless instructed otherwise by you, in writing, subsequent to which the same shall be deleted from our internal records, systems and databases.

7.2 Trial subscription period

7.2.1 We retain your data for a period of thirty days from the last date of the trial period. After the aforementioned retention period, the data shall be deleted, subsequent to which the users shall not have any recourse available.

7.2.2 The users shall also be entitled to export their data in the aforementioned period.

7.3 Paid subscription period

7.3.1 In the event the user upgrades to a paid subscription from a trial subscription, the user shall have the option to either retain the data from the trail period or delete the data.

7.3.2 If the user wishes to retain the data from the trial period, the data shall be retained by us for such period in accordance with the paid subscription plan chosen by the user.

7.3.3 In the event the user opts to delete the data from the trial period, the same shall be deleted upon the confirmation from the user.

7.4 Cancellation of subscription plan

7.4.1 In the event, the user wishes to cancel the selected subscription plan, we shall retain your data for a period of thirty days from the last date of the selected subscription plan, subsequent to which the users shall not have any recourse available.

7.4.2 The users shall also be entitled to export their data in the aforementioned period.

7.5 Active subscription plan

7.5.1 We retain the data collected for such period in accordance with the subscription plan chosen by the user.

7.5.2 The user shall also be entitled to export their data at regular intervals, at the user’s discretion.

7.6 Downgrade

7.6.1 In the event, the user wishes to downgrade the chosen subscription plan for any reason whatsoever, the data collected by us shall be retained for a period of thirty days from the date of downgrading of the subscription plan.

7.6.2 Such users shall also be entitled to export the available data within thirty days from the date of downgrading of the subscription plan

7.7 Upgrade

7.7.1In the event an existing user wishes to upgrade the chosen subscription plan, we shall retain the data for such additional period in accordance with the revised subscription plan chosen by the user.

7.8 Expiry of subscription plan

7.8.1 We shall retain the data collected for a period of thirty days from the last date of your chosen subscription period, subsequent to which the same shall be deleted and the users shall not have any recourse available.

7.8.2 The users shall also be entitled to export their data within the aforementioned period.

7.9 Any encrypted, anonymized and/ or aggregated data may be retained by us for the purposes of backup, archiving, prevention of fraud and abuse, analytics, to improve our services, platform or for such other reasons that we deem necessary to retain the same.

7.10 Notwithstanding anything contained in clause 7, we shall retain and use the data collected as necessary to resolve disputes, enforce our agreements and comply with legal obligations for such a period thereafter as required under any law for the time being in force.

8. Data transfer and regulation

8.1 Our service is made available to you worldwide. To ensure that you receive our services and to facilitate our global operations, we may transfer the data we have collected from you to our service providers located in countries outside India.

8.2 If you choose to access or use the platform outside India, please be aware that data we collect shall be subject to the applicable laws governing data protection. Please be aware that such countries may not have the same level of data protection.

8.3 When we share the data collected to our data processors, we ensure that we enter into standard data protection contracts in accordance with the applicable law and/or carry out other appropriate legal mechanisms to safeguard the transfer.

8.4 The data we may collect shall be transferred to, processed, stored and used in India. Our collection, storage, and use of your data shall continue to be governed by this policy.

8.5 The data protection laws in India may differ from those of the country in which you are located and your data may be subject to orders from the government, courts, or law enforcement in India according to the applicable laws.

9. Rights

9.1 Subject to the laws applicable, you shall have the rights as stipulated hereunder:

9.1.1 A right to confirm whether the data is processed and a right to access in one place the identities of the parties with whom the Data has been shared.

9.1.2 A right to correction and erasure of the data collected by us which is no longer necessary for the purpose for which it was processed.

9.1.3 A right to data portability in the event of processing through automated means.

9.1.4 A right to restrict or prevent the continuing disclosure of the data where such disclosure has served the purpose for which it was collected and is no longer necessary for the purpose or if such disclosure was made contrary to any applicable law for the time being in force.

9.2 You may exercise any of the rights mentioned hereinbefore via the contact details provided herein under this policy.

9.3 If you no longer wish to receive any commercial email from us, you may opt-out of receiving them by following the instructions provided in such communications or by sending your request to us by email provided under the contact details of this policy, and we endeavor to take the appropriate action within ten (10) business days from the date of raising such request. Please note, however, that you may continue to receive service-related communications even after you opt-out of receiving commercial messages.

10. Cookies

10.1 When you use our platform, we send one or more cookies to your device that uniquely identifies your browser. We use cookies to improve the quality of our Service and to collect information about how you use our platform.

10.2 Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features may not function properly if your cookies are disabled.

11. Alerts and updates

11.1 We reserve the right to contact you for the purpose of verification of the data provided by you.

11.2 We may also alert you by notification on the platform about any new feature or any other such information which we perceive might be useful for you.

12. Child privacy

12.1 The platform is not directed at or intended to be used by children below the prescribed age limit as per the applicable laws and we do not knowingly collect any data from such an individual. If you believe we have collected any Data of a person below the prescribed age limit, you can contact us via the contact details provided herein under this policy and such data shall be removed accordingly.

13. Links

13.1 Our platform, from time to time, may contain some links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

14. Amendments

14.1 We adopt adequate efforts to notify you in the event of any amendment or modification to the terms of this privacy policy via email or a notification. By continuing to use our services after we post any such changes to this policy, you accept the policy as modified.

15. Applicable laws

15.1 We have complied with all the applicable laws with respect to the collection, use, sharing, and retention of your data.

15.2 In the event any conflict arises between the terms of this policy and provisions of any applicable laws, then such provisions of applicable laws shall prevail over the terms of this policy.

15.3 For any queries with respect to the same, you can contact us via the contact details provided herein under this policy.

16. Arbitration, governing law and jurisdiction

16.1 In the event of a dispute or claim arising with regard to this policy you shall first attempt to resolve the same amicably through discussions.

16.2 In the event that the parties are unable to solve the disputes or claims in an amicable manner, the parties shall attempt to resolve the same through arbitration in accordance with the laws of India as amended from time to time. The arbitrator shall be appointed by us and you hereby consent to the same. The seat for such arbitration shall be in Bangalore and all arbitration proceedings shall be in English.

16.3 This policy shall be governed by and construed in accordance with all applicable laws of India and the courts at Bangalore shall have exclusive jurisdiction over any matter arising out of this policy.

17. Contact us

17.1 If you have any complaint, dispute, or queries regarding this policy or our means of processing your data, please contact us through the information given below. We endeavor to undertake all reasonable efforts to address your queries or grievance at the earliest opportunity.

Address: Kinelabs Private Limited, No 307, 9A Cross, Jakkur Yelahanka, Main Road, Bengaluru Urban, Karnataka, India, Pincode: 560064

Email: info@kine.ai