Privacy Policy

This Privacy Policy ("Privacy Policy" or "Policy") outlines how ACENAVI Private Limited (hereinafter "ACENAVI", "we", "us", or "our") practices in relation to collection, processing, storage, sharing, transfer, usage and protection of Personal Data or avail services ACENAVI offers on or through the Platform (collectively, "Services").

At ACENAVI, we are committed to protecting your personal data and respecting your privacy. In order to provide you with the Services, we have to collect and otherwise process certain data about you. This Policy explains how we process and use personal data about you.

By using the Platform or Services, you confirm that you have read and agree to be bound by this Policy and consent, which shall be informed, explicit, and revocable, to the data processing activities and Services described under this Policy.

SECTION I – DEFINITIONS

For the purposes of this Policy, the following terms shall have the following meaning:

"Client" or "Data Fiduciary" means any organization, person, individual, or body that has entered, or will potentially enter into a Master Services Agreement with ACENAVI.

"End User" means employees, directors, managers, administrators, or representatives of a Client or its affiliates who access the Platform or Services.

"Personal Data" means any data about an identifiable natural person as defined under the Personal Data and Data Protection Act, 2023 or the Information and Technology Act, 2000 read with the Information Technology (Reasonable Security Practices and Sensitive Personal Data) Rules, 2011, as applicable and Contact Data, Identity and Profile Related Data, and Technical Data.

"Platform" means ACENAVI's platform, website, integration, and services.

"Applicable Law" means the Personal Data and Data Protection Act, 2023 or the Information and Technology Act, 2000 read with the Information Technology (Reasonable Security Practices and Sensitive Personal Data) Rules, 2011, as applicable.

"Automated Processing" may include artificial intelligence–driven analysis, profiling, or recommendations; however, such outputs are strictly assistive and advisory in nature and do not constitute automated decision-making. All final decisions remain solely with the Client.

SECTION II - ROLES AND RESPONSIBILITIES

(a) About Us

The Services are made available to you by ACENAVI. If you have any questions about this Policy, how we process or handle your personal data, or otherwise, you may reach out to us with your queries, grievances, feedback, and comments at contact@acenavi.in or contact our grievance officers whose details are provided below.

How this Policy Applies

This Policy applies to service professionals who use or want to use the Platform. For the avoidance of doubt, references to "you" across this Policy are to the Client that uses or seeks to use our Platform.

(b) Review and Updates

We regularly review and update our Privacy Policy, and we request you to regularly review this Policy. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

(c) Third-Party Services

The Platform may include links to third-party websites, plug-ins, services, and applications ("Third Party Services"). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these Third-Party Services and are not responsible for their privacy statements. When you leave the Platform or access third-party links through the Platform, we encourage you to read the privacy policy of such third-party service providers.

SECTION III – PERSONAL DATA WE COLLECT

(a) Types of Personal Data

We may collect different types of personal data about you. This includes but is not limited to:

(i) Contact Data

Email address, phone numbers, and permanent address.

(ii) Identity and Profile Related Data

Your name, mobile number, gender, date of birth, age, phone book details, address, zip code, description of services provided, headline for profile, content and information about your business including photographs and videos, work experience, current salary details, details of your training certifications, education records, employment records, verification reports, employment references, travel preferences, language preferences, information from testimonials, polls, surveys, and feedbacks.

(iii) Technical Data

Your IP address, internet service provider, device ID, device type, domain name, details of operating system, browser type, date and time stamp of accessing the Platform, device metadata, location data, and mobile applications used by you.

(b) Aggregated Data

We also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data under law as it does not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.

(c) Client Responsibilities

Each Client remains the Data Fiduciary and is solely responsible for: determining what Personal Data is provided to ACENAVI, ensuring lawful collection and consent from its employees; and complying with employment, labor, and data protection laws. ACENAVI does not determine employment decisions, human resource policies, or legal obligations toward employees.

(d) Sensitive Data

ACENAVI does not require or request financial data, Aadhaar, PAN, health records, or biometric identifiers unless expressly permitted by the Client's legal framework.

(e) What happens if I refuse to provide my personal data?

Where we need to collect personal data by law, or under the terms of a contract (such as the Terms), and you fail to provide that data when requested, we may not be able to perform the contract (for example, to provide you with the Services). In this case, we may have to cancel or limit your access to the Services, but we will notify you if this is the case at the time.

(f) Data Collection Scope

Only such data as is explicitly provided by the client and end users through authorised and approved channels is collected.

SECTION IV: HOW DO WE COLLECT PERSONAL DATA?

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

(a) Direct Interactions

You provide us your personal data when you interact with us. This includes personal data you provide when you: create an account or profile with us at the time of registration; use the Platform or the Services; enter a promotion, user poll, or online surveys; or report a problem with the Platform and/or our Services, give us feedback, or contact us, or through testimonials.

(b) Automated Technologies or Interactions

We automatically collect Technical Data about your equipment, browsing actions, and patterns each time you use the Services. We collect this personal data by using cookies, web beacons, pixel tags, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites that employ our cookies.

(c) Other Sources

We also collect data from Client HRIS systems, APIs and integrations, CSV uploads, End User interactions, Enterprise tools such as Microsoft Teams, Slack, or other authorized platforms, as relevant to ACENAVI's Services.

SECTION V: USE OF PERSONAL DATA

(a) Processing Purposes

ACENAVI processes Personal Data solely for: providing the Platform and contracted services, AI-powered insights, recommendations, and analytics, employee support and HR enablement, compliance with Client policies and law, security, audit, and system improvement. ACENAVI does not use Personal Data for advertising, resale, or unrelated purposes.

(b) AI and Automated Processing

ACENAVI employs the use of artificial intelligence software and models along with methods of Automated Processing to, without limitation, analyze user inputs, generate recommendations, display analytics in relation to the purpose of Services and support HR workflows.

(c) No Commercial Exploitation

ACENAVI does not sell, license, monetize, or commercially exploit Personal Data.

(e) Content Monitoring

ACENAVI does not conduct continuous human monitoring of employee communications. However, where messages are flagged or determined by the Platform to contain abusive or unlawful conduct or language, harassment or threats, or violations of Client code of conduct, ACENAVI may review such content and may, where required, share it with authorized Client's human resource or legal teams for compliance and workplace safety.

(f) Sub-Processors

ACENAVI may use authorized sub-processors, such as, including but not limited to, Microsoft, AWS, OpenAI, Slack or other enterprise technology providers. ACENAVI ensures that any sub-processors employed by the Platform for the purposes set out under this Policy shall be contractually bound to confidentiality and data protection obligations.

SECTION VI: COOKIES

(a) What are Cookies?

Cookies are small files that a site or its service provider transfers to your device's hard drive through your web browser (if you permit it to) that enables the sites or service provider's systems to recognize your browser and capture and remember certain information.

(b) How We Use Cookies

We use cookies to help us distinguish you from other users of the Platform, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer you a seamless user experience. We may contact third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

(c) Third-Party Cookies

Additionally, you may encounter cookies or other similar devices on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties. If you send us personal correspondence, such as emails, or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information within a file specific to you.

SECTION VII: DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with third parties set out below for the purposes set out below:

(a) Internal Third Parties

Other companies within the ACENAVI group of companies.

(b) External Third Parties

• Service Providers: Trusted third parties such as our associate partners, and service providers that provide services for us or on our behalf. This includes hosting and operating our Platform, providing marketing assistance, conducting our business, processing payments and transaction-related processes, transmitting content, conducting credit-assessment risks for short term credits availed by you from us, processing your insurance-related claims, which enable us to provide the Services to our End Users or Clients.
• Analytics Providers: Analytic service providers and advertising networks that conduct web analytics to help us improve our Platform and Services. These analytics providers may use cookies and other technologies to perform their services.
• Regulators: Regulators and other bodies, as required by law or regulation.

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 instructions.

Disclosure to Client Administrators

ACENAVI may disclose relevant data to Client administrators only:

• where legally required,
• where contractually authorized,
• or where workplace misconduct or policy violations are identified.

ACENAVI acts as a neutral processor and does not determine employment outcomes.

SECTION VIII: ACCESS AND UPDATING YOUR PERSONAL DATA

You hereby warrant that all personal data that you provide us with is accurate, up-to-date, and true. When you use our Services, we make best efforts to provide you with the ability to access and correct inaccurate or deficient data, subject to any legal requirements.

SECTION IX: TRANSFERS OF YOUR PERSONAL DATA

We comply with Applicable Law in respect of storage and transfers of personal data. As a part of your use of the Services, the information and personal data you provide to us may be transferred to and stored in countries other than the country you are based in. This may happen if any of our servers are from time to time located in a country (such as India) other than the one you are based, or one of our service providers is located in a country other than one you are based in.

By submitting your information and personal data to us, you agree to the transfer, storage, and processing of such information and Personal Data in the manner described above.

SECTION XI: YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

(a) Access and Updating Your Personal Data

You hereby warrant that all personal data that you provide us with is accurate, up-to-date, and true. When you use our Services, we make best efforts to provide you with the ability to access and correct inaccurate or deficient data, subject to any legal requirements. We will respond to such requests within seven (7) working days.

(b) Opting-out of Marketing and Promotional Communications

When we send you marketing and promotional content through email, we make best efforts to provide you with the ability to opt-out of such communications by using the opt-out instructions provided in such emails. You understand and acknowledge that it may take us up to 10 (ten) business days to give effect to your opt-out request. Please note that we may still send you emails about your user account or any Services you have requested or received from us.

(c) End User Rights

All end user rights, requests, and communications (including access, correction, deletion, or objections) shall be routed solely through the client. End users shall not have any independent claims, rights, or direct causes of action against ACENAVI, and ACENAVI's obligations shall be owed exclusively to the client under the governing agreement.

SECTION XII: ROLES AND APPLICABILITY

(a) ACENAVI as Data Processor

ACENAVI acts solely as a Data Processor under the Digital Personal Data Protection Act, 2023, processing personal data only on behalf of and in accordance with the instructions of the Client, who remains the Data Fiduciary.

(b) Applicability

This Policy applies to:

• The Client organisation, and
• The Client's authorised employees, contractors, and other end users accessing the ACENAVI platform ("End Users").

End Users may exercise their rights under the DPDP Act only through the Client, and no independent claims or direct rights may be asserted by End Users against ACENAVI.

RETENTION

You agree and acknowledge that your Personal Data will continue to be stored and retained by us for as long as necessary to fulfil our stated purposes and for a reasonable period after the termination of your account on the Platform or access to the Services to comply with our legal rights and obligations.

In some circumstances, we may aggregate your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

End User Rights Under DPDP Act

End Users may exercise their rights under the DPDP Act through their employer, including:

• Access their personal data
• Request correction of inaccurate or incomplete data
• Request erasure of personal data, where applicable
• Submit grievances through the Client's designated grievance mechanism

ACENAVI acts only on instructions from the Client.

DELETION OF ACCOUNT AND PERSONAL DATA

Notwithstanding anything contained in the Terms, End Users may request deletion of their account and associated personal data through the Client. Such deletion will be carried out subject to applicable legal, regulatory, and audit retention requirements.

Requests can be sent to contact@acenavi.in. ACENAVI may take up to 7 (seven) working days to process your request. Once your account is deleted, you will lose access to all Services. For avoidance of doubt, it is hereby clarified that all data with respect to transactions performed by you on the Platform will be retained in accordance with Applicable Law.

BUSINESS TRANSITIONS

You are aware that in the event we go through a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of our assets, your personal data might be among the assets transferred.

DISPUTES

Any dispute that arises out of or in connection with this Privacy Policy shall be governed by the laws of India and shall be subject to the jurisdiction of the Courts of Hyderabad, Telangana, India.