PRIVACY POLICY

 

This Privacy Policy (“Privacy Policy”) describes the use and processing of information by FORGE AI PRIVATE LIMITED, a company incorporated under the laws of India with company registration number U62010DL2024PTC428320 (“Company”). Company is committed to protecting the User’s information and privacy. Company provides Services (defined below) to the Users. For the purposes of this Privacy Policy, “Services” shall mean services provided by the Company for testing and monitoring AI models.

This Privacy Policy is designed to help the User understand how Company may collect, process, store and use the information provided by the User to Company and to assist the User in making informed decision while using the Services.

The capitalized terms used in this Privacy Policy, but not defined in this Privacy Policy, shall have the meaning given to such terms in the Terms (defined hereinafter).

Please read this Privacy Policy before using the Services or submitting any personal information. Where any person uses or accesses the Services of the Company or otherwise provides any User Information (including information in relation to other persons) (“User”), the User consents to the collection and use of the information the User discloses in the use of the Services in accordance with this Privacy Policy, including but not limited to the User’s consent for collecting, using, sharing and disclosing information of the User as per this Privacy Policy.

This Privacy Policy has been published inter alia in compliance with the provisions of the Information Technology Act, 2000 and the rules and regulations made thereunder (including, but not limited to: (i) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; and (ii) The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021).

Please also note that the Privacy Policy will also apply to information of Users supplied by other Users. In case of information of Users supplied by other Users, the User providing the information confirms and warrants that the User has the authority to provide the necessary User Information.

  1. Other applicable terms

This Privacy Policy is a part of and incorporated within, and is to be read along with the terms and conditions specified by the Company in the use of the Services, including in any written contracts entered into between the Company and/or the Users (the “Terms”).

  1. Policy changes

The Company may change and update this Privacy Policy from time to time. Such changes may be made without prior notice, but any changes will only apply to activities and information on a going forward and not retroactive basis, unless specified otherwise. The User are encouraged to review this Privacy Policy before accessing any services provided by the Company to make sure that the User understand how any personal information provided by the User will be used.

  1. Links to Third Party Websites

The procedures and practices set forth in this Privacy Policy describe the use and disclosure of User Information collected by the Company. The website and/or other platforms of the Company may contain links to other websites. Any personal information about the User collected which such User visits such websites is not governed by this Privacy Policy. The User is encouraged to exercise caution and review the privacy policies applicable to such websites before accessing them. The User acknowledges that the Company shall not be responsible for and has no control over the practices and content of any website accessed using the links contained while using the Services.

  1. Competency to contract

By agreeing to this Privacy Policy, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under applicable laws to accept the Terms and Privacy Policy. In case the User is a natural Person who is not of the age of majority or is not competent to contract, the User may not use the Services of the Company or provide any information to the Company.

  1. Collection of information

The Company collects two basic types of information from a User in conjunction with a User’s use of the Services  i.e. personal information, which is any information that exclusively identifies a User (e.g., the User’s name, email address, telephone number, postal address amongst others) and non-personal information, which is information that does not exclusively identify a User but is related to the User’s use of the Services. The Company may also receive personal information regarding a User as shared by third parties who maybe the Company’s clients or otherwise avail service from the Company.

Towards the provision of the Services by the Company, the Company shall in addition to the information described above, collect the following information from a User (“User Information”):

Location

Information about the location of the User’s device used to access the services from the Company. This is used for the provision of the services, pricing related information, for maintenance of records for audit purposes and other matters.

Access information

Passwords and other details required to access or use the services provided by the Company.

Personal information

Information about the name, email address, contact information and details of official documents. This is used for the provision of the Services and for maintenance of records for audit purposes.

Other applications

The User’s use of other software or applications which are linked or used in the provision of the Services e.g. any third party sites though which a User may have accessed the Services or details of such applications provided by the User.

Billing Information

To the extent permitted and required under applicable laws, billing and payment information of Users which may include a subscription number, an account number, credit card number, expiration date, billing pin code, bitcoin-related information, exchange market information, instructions for wire transfers.

Automated collection

Details of the User’s device, computer and device information and other similar information. The Company collects this information for analytics, improvement of the services and for review purposes.

Others

As may be explicitly required & requested from time to time.

Please note that the User is not permitted to upload or provide the personal information of any other natural person during the use of the Services, including addition or provision of such information in any data sets or other information provided by the User in the use of the Services.

  1. Usage of User Information

User Information will be used by the Company for the purposes which the Company considers necessary for achieving a seamless, efficient and safe experience, customized to a User’s needs and use the personal information to provide services to a User, enhance the operation of the services and improve the Company’s marketing and promotional efforts. The processing of the User’s Information is for the purposes of:

  1. to provide, maintain and enhance a User experience in relation to the Services

  1. to provide and deliver the services requested by the User, process transactions, and send User related information including confirmations and invoices;

  1. to authenticate the User’s documents and information and to comply with Applicable Laws;

  1. to send technical notices, updates, security alerts, and support and administrative messages to the User;

  1. to take up and investigate any complaints/ claim/ disputes of the User;

  1. to respond to your queries or feedback submitted by the User;

  1. to monitor and analyze trends, usage, and activities in connection with the services;

  1. to link or combine with information the Company receives from others to understand User’s needs and provide better service;

  1. to inform the Users of online and offline offers, products, services, and updates on the Services;

  1. to detect and protect the Services against error, fraud and other criminal activity;

  1. to comply with the applicable laws and regulations this Privacy Policy;

  1. to carry out any other purpose for which the information was collected; and

  1. to share the data such as back testing, user action and processed data for internal and external services with the third parties without User’s consent.

  1. Information collected by Cookies and other tracking technologies

  1. The Company shall use various technologies to collect information, including cookies and web beacons. Cookies are small data files typically stored on User’s computer’s hard drive or in device memory that help us improve our services and User’s experience, see which areas and features of our services are popular and count visits, manage the registration process for accounts, remember User’s site preferences, retain certain information to process orders for exchange transactions, and retain information to provide User with support.

  1. The Company also use cookies stored in emails to help us confirm User’s receipt of, and response to such emails. Web beacons are electronic images that may be used in Our services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.

  1. Information collected from cookies is used by us to evaluate the effectiveness of the Services, analyse trends, see what difficulties our visitors may experience in accessing the Services, and administer the Services.

  1. Storage of User Information

  1. User Information in the possession and control of the Company is stored in accordance with Applicable Laws. Storage and transfer of User Information is carried out in compliance with all Applicable Laws, including without limitation, the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. Please note that the services have reasonable security measures, including as mentioned in Information Technology Act, 2000 in place to protect the loss or misuse of the User Information. Whenever a User changes or access the User’s account information, the Company offers the use of a secure server. However, the User acknowledges that transacting over the internet has inherent risks which can only be avoided by the User following reasonable security practices, such as not revealing account/login related information to any other person and informing the Company’s customer care team about any suspicious activity or where the User’s account has/may have been compromised.

  1. The Company implements reasonable security practices and procedures and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of the Company’s business. The Company has put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the User Information the Company collects online.

  1. Please note that the Company does not guarantee that there will be no unintended disclosures of the User Information and data provided by a User on account of a data breach, unauthorized access, security failure etc. the Company cannot guarantee, give no warranties, and shall not be liable for breach of the security of User Information through the services of the Company due to malicious attacks, errors, commission or omissions not wilfully initiated by the Company and any transmission is at the risk of the User.

  1. As part of the business functionality of the Company, the Company may retain and submit certain User Information to the third parties as required as well as to appropriate legal and regulatory authorities (when requested to do so).

  1. The Company may also disclose information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when the Company, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply this Privacy Policy.

  1. Each User accepts and acknowledges that any User Information available with the Company may also be used by the Company: (a) for the purpose of providing the Services available on the Services; (b) in an aggregated or non-personally identifiable form for the purpose of research and analysis and for transfer of such research and analysis; (c) for communication purpose; (d) debugging customer support related issues; and / or (e) in anonymized form (i.e., non-personally identifiable) in order to help grow the business of the Company. Each User hereby consents to such collection, use and disclosure.

  1. Additionally, User Information may be shared by the Company with a third party in case of any proposed merger, acquisition or re-organization, amalgamation, restructuring of business.

  1. Data transfers to other countries: The Company may transfer User Information to countries other than the country in which such User Information originally was collected. Those countries may not have the same data protection laws as the country in which the User has initially provided the information. When the Company transfers User Information to such other countries, the Company will protect such User Information as described in this Privacy Policy.

  1. Dissemination of User Information

Where any service requested by a User involves a third party, such information as is reasonably necessary by the Company to carry out the User’s service request maybe shared with such third party and the Company may also obtain details and information from the third party on usage. The Company may also engage with other companies/ persons to complete services, processing payments, and providing customer service, including with Partner Banks. The User understand that they have access to personal information needed to perform their functions.

Additionally, User Information may be shared by the Company with a third-party business entity in case of any proposed merger, acquisition or re-organization, amalgamation, restructuring of business.

The Company may be required to disclose any information that is lawfully sought from it by a judicial or other competent body pursuant to applicable laws.

The Company may anonymize and/or de-identify information collected from the Users. The Company’s use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy and it may be used and disclosed to others without limitation.

  1. Retention of User Information

The Company shall retain the personal information of the User as long as it serves the purpose(s) for which it was initially collected as stated in the Privacy Policy or subsequently authorized. The Company may continue processing User’s personal information for a period beyond such period only for the time and to the extent such processing reasonably serves the purposes of archiving, and subject to the protection of this Privacy Policy and to comply with requirements under applicable laws. After the expiry of this time period, the Company may either delete User’s personal information or retain it in a form such that it does not identify the User personally.

  1. Communication policy

When the User sets up an account or receives any request pursuant to the provision of the services, the User is deemed to have opted in to receive emails and messages from the Company and its service providers in connection with the provision of the services as well as any marketing and promotional agencies. While the User may opt out of promotional messages, the User cannot opt out of receiving certain administrative, financial, technical and legal information from the Company in connection with the services.

  1. Alteration of User Information

In case the User requests any change or deletion of User Information of the User, or permanently delete the User’s, the User must contact the Company at company@empirical.run or contact the Data Protection and Grievance Officer. Do note that the Company is not obligated to alter or vary or delete any User Information which it is required to maintain under applicable laws or pursuant to contractual requirements of the Company.

  1. Data breach and disclosure notification

In case of a data breach or an unauthorized disclosure of User Information which is likely to result in a high risk to the rights and freedoms of the User, unless the Company has appropriately mitigated the risk arising from such incident, the Company shall, within notify the affected Users of such breach with the details of the breach or incident, the consequences of such breach and the contact personnel of the Company in case of any queries by the User pertaining to such breach.  

In case any governmental or regulatory authority requires the Company to provide any User Information, unless specifically directors by the governmental or regulatory authority, the Company shall disclose to the User, the details of the request for the User Information.

  1. Termination of access

Notwithstanding anything to the contrary:

  1. where any User commits a breach of / fails to comply with any of the provisions of this Privacy Policy;

  1. where any User fails to comply with applicable law;

  1. where any User uploads or provides information or data on the Services, which is not compliant with or violates any applicable law or the Privacy Policy;

  1. where the User commits a breach of the intellectual property rights of the Company and / or any third person;

  1. where the Company seizes to carry on its business or the Services being taken offline;

  1. where the Company has reasonable grounds for suspecting any illegal, fraudulent, unethical or abusive activity by such User;

  1. where the Company is investigating any complaints or alleged violations (by such User) of the Privacy Policy, applicable law or for any other reason;

  1. where the Company believes, in its sole discretion, that a User’s actions are causing or may cause legal liability for other Users and / or the Company or are contrary to the interests of the Company, the Services, the intellectual property of Privacy Policy and / or the User Information.

The Company shall have the right to immediately: (a) terminate the right of access / usage of such User to the Services and the Services; (b) de-activate the account of such defaulting User; (c) investigate and take appropriate action against a User for any such alleged breach; (d) file a complaint with or report any illegal activity to the appropriate governmental / regulatory bodies or law enforcement agencies; and / or (e) take any other action deemed appropriate, under applicable law.

  1. Governing law and disputes

The laws of India shall govern this Privacy Policy. Any dispute arising out of or in connection with the Privacy Policy, including any question regarding its existence, validity or termination, and any dispute relating to any obligations arising out of or in connection with the Privacy Policy (“Dispute”) shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka.

  1. Contact details

In case a User has any queries or any discrepancies / grievances with respect to the User Information provided by a User, please contact the Company’s Data Protection and Grievance Officer by writing at:

Name:         Arjun Attam

Email:        arjun@empirical.run

Phone number:        +91 981 156 5855

Address:         J 137, Ashok Vihar, Phase 1, Delhi - 110052, India

  1. Updates to the Privacy Policy

The Company reserves the right, at any time, to add to, change, update, or modify this Privacy Policy. The latest Privacy Policy will be available on this page.