privacy policy

Nexstem India Private Limited ("Company," "our," "we," or "us"), the owner and operator of https://www.nexstem.ai/, ("Website”), is dedicated to safeguarding the privacy of the users ("User," "Users," "you," or "your") who visit or register on our Website or use the Nexstem Instinct or devices (the “Nexstem Device”), our software development kit, application programming interface and any other products or services that we own or control (collectively, the “Nexstem Platform”), and the rights and choices available to individuals with respect to their information. This privacy policy ("Privacy Policy" or “Policy”) describes the Information we may process and explains how we collect, use, share, and protect your information.

Please review this Privacy Policy in conjunction with our Terms & Conditions, which may apply to your use of the Nexstem Platform. Capitalized terms not defined in this Privacy Policy shall have the same meaning ascribed to them in the Terms & Conditions. This Privacy Policy is published in accordance with (i) the Information Technology Act, 2000; (ii) the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPDI Rules"); and (iii) the Digital Personal Data Protection Act, 2023 ("DPDP Act") (as and when it comes into force).

The above-mentioned legislations are collectively referred to as the "Data Protection Legislations".

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‍1. DEFINITIONS

"Personal Information", as defined under the SPDI Rules, means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, can identify such person.

"Sensitive Personal Data or Information", as defined under the SPDI Rules, includes personal information about a person relating to:

1. Passwords.
2. Financial information such as bank accounts, credit and debit card details, or other payment instrument details.
3. Physical, physiological, and mental health conditions.
4. Sexual orientation.
5. Medical records and history.
6. Biometric information.
7. Information received by a body corporate under lawful contract or otherwise.
8. Visitor details as provided at the time of registration or thereafter.
9. Call information records.

"Personal Data" means any Information about an individual who is identifiable by or in relation to such Information.

"Processing", in relation to Personal Information, refers to a wholly or partly automated operation or set of operations performed on digital personal Information, and includes operations such as collection, recording, organization, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure, or destruction. The terms "Process" and "Processed" shall be construed accordingly. 

For the purposes of this Privacy Policy, the term "Information" shall encompass and be synonymous with the terms Personal Information, Sensitive Personal Data or Information, and Personal Data as defined under Clause 1.

2. INFORMATION WE COLLECT‍

1. Information You Provide to Us – During onboarding or access to Nexstem Platform, we may request certain categories of Information from you, which may include:
   1. Your Personal Information, such as your phone number for mobile verification, your email address, your name, phone number, pin code, etc for creating and updating your account. We may request additional information at a later stage to verify the accuracy of your Information or to provide you access to new features on the Nexstem Platform;
   2. Personal Data, including but not limited to your username, password, and other security-related information used by you in relation to our Services;
   3. Health-related data, such as brain-signal data collected through the sensor located on the Nexstem Device. (EEG data is not included in this);
   4. Information related to your transactions carried out through the Nexstem Platform;
   5. Stored information or data either created by you or by a third party, which you choose to store on our servers, such as images, files, documents, etc., including but not limited to information you provide on the Nexstem Platform about your preferences.

2. Any information you provide in any form during interactions or communications with us.
3. Information We Collect During Access and Use of Our Services – In addition to any Personal Information you provide, we may collect certain information through other channels, such as:
   1. Server log information like your IP address, browser type, and date and time of visit;
   2. Payment and account information, including your account history with us, all billing information and communications, payment history, etc. We maintain this information in encrypted form on secure servers.
4. Our Services are primarily provided through the Nexstem Platform on your mobile device, computer, laptop, tablet, or any other similar device, or over email. We may use technical data or information about your device, system and application software, and peripherals collected from time to time to facilitate updates, technical support, and other services related to the Nexstem Platform.
5. Cookies - In addition to the information collected as stated above, the Nexstem Platform uses standard technology called "Cookies" to collect information about how our platform is used. Cookies are small pieces of information stored by your browser on your device's hard drive. Cookies are only read by the server that places them and are unable to, among other things, run programs on your device, plant viruses, or harvest your Information. Cookies allow web servers to recognize your device each time you return to Nexstem Platform, including the date and time of visits, pages viewed, time spent at Nexstem Platform, and the websites visited just before and just after Nexstem Platform. They verify your registration or password information (in case of registered users) during a particular session so that you do not have to input your password multiple times as you navigate the site and suggest products or services that may interest you. This information is collected on an aggregate basis. None of this information is associated with you as an individual. Most web browsers automatically accept cookies. By changing the options on your web browser or using certain software programs, you can control how and whether cookies are accepted by your browser. We understand and support your right to block any unwanted Internet activity, especially that of unscrupulous websites. However, blocking our cookies may disable certain features on Nexstem Platform and may make it impossible for you to use certain services available.

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3. WHY DO WE COLLECT YOUR INFORMATION?

We collect Information from you to identify you, to provide you with the necessary information to serve you, and to help us deliver an enhanced user experience. The Information collected allows us to give you convenient access to our Service offerings and products and may help us tailor your experience to your needs.

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4. HOW DO WE USE YOUR INFORMATION?‍

1. Processing for Registration of User – We may utilize your Information to process your registration for our Services, which may include verification of user information and mobile verification. You agree to be contacted by us via email, phone, or any other medium of communication for which details have been provided in the student input form, registration form, or over email.
2. Improvement of Services – The Company may use your Information to monitor and enhance our Services by analyzing usage patterns to personalize the Services and content available through the Nexstem Platform.
3. User Account Information – By using the Services provided by the Nexstem Platform, you acknowledge that you allow us to publish all or part of your Information, in an anonymous manner or otherwise, some of which may be viewed on the Nexstem Platform by other users of the Services. Such information may also be used for research purposes.
4. Technical and Functional Management – We may use technical data such as your IP address to help diagnose problems and resolve issues related to the functionality of the Nexstem Platform. We may also process technical data such as your mobile IP address and information about the manufacturer, model, and operating system of your mobile device to resolve technical difficulties, provide updated versions of the Nexstem Platform, and improve its functionality.
5. Compliance with Laws and Law Enforcement – We may access, use, transfer, or disclose your Information to third parties such as government or law enforcement authorities or private parties if legally required to do so under any of the following conditions:
   1. To satisfy any applicable law, rule, regulation, governmental requests, or legal process;
   2. To protect and defend the Terms & Conditions for online and mobile Services or other policies applicable to any online and mobile Services in case of potential violations;
   3. To secure our systems;
   4. To protect the safety of the public for any reason;
   5. To detect, prevent, or otherwise address fraud, security, or technical issues;
   6. To prevent or stop activity we may consider to be or pose a risk of being illegal, unethical, or legally actionable.
      
      In the event of any illegal, unethical, or objectionable activity, we may use IP addresses or other device identifiers to identify Users and may do so in cooperation with third parties such as internet service providers, wireless service providers, and/or law enforcement agencies, including disclosing such information to third parties, all at our discretion. Such disclosures may be carried out without notice to you.

6. For Research & Development – We may use the collected Information for research, analysis, and product development to improve the user interface/user experience (UI/UX), all of which will ultimately enhance your experience on the Nexstem Platform. This also helps us develop automated actions to be triggered in certain events, such as when we need to identify if uploaded photographs are unclear, fraud occurs, etc.
7. Marketing and Newsletter – We may also use your Information to send you newsletters, marketing or promotional materials, and other information that may interest you. If at any time you decide that you no longer wish to receive such communications from us, please follow the instructions outlined in such communications to cancel the subscription.

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5. SECURITY AND STORAGE OF INFORMATION

We are committed to protecting your Information and maintaining its accuracy as confirmed by you. We take our security responsibilities very seriously and employ all reasonable technical and organizational measures to safeguard your Information once we have received it. We will not share your Information with any third party, except in accordance with this Privacy Policy or unless permitted, nor will we use your email address, mobile number, or landline number for unsolicited emails and/or SMS. Any emails and/or SMS sent by the Nexstem Platform will only be in connection with the provision of the Services and this Privacy Policy. We integrate security at multiple levels within our products using state-of-the-art technology to ensure our systems maintain strong security measures, and the overall data and privacy security design allows us to defend our systems against a range of issues, from minor vulnerabilities to sophisticated attacks. However, we may be required to share your Information with any third party that makes a legally compliant request for its disclosure.

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6. RIGHTS OF THE USERS‍

1. In accordance with the provisions outlined in the Data Protection Legislations, Users have the following rights:
   1. Right to Correction and Erasure: You may request correction, completion, updating, or erasure of your Information that we hold, especially if it is inaccurate, incomplete, or outdated. We will comply with such requests unless there is a legal requirement to retain the Information. Such requests can be made by contacting us at support@nexstem.ai.
   2. Right to Access Information: You are entitled to request a summary of your Information that we Process, including details of Processing activities and the identities of third parties with whom your Information has been shared. This excludes instances where Information is shared with authorities authorized by law for legal purposes.
   3. Right to Restrict: The right to request that we temporarily or permanently stop processing all or some part of the Personal Data that you provide to us.
   4. Right to Object: You are entitled to, at any time, (a) to object to us from processing your Personal data on grounds relating to your particular situation; and (b) to object to your personal data being processed for direct marketing purposes.
   5. Right to Data Portability: You have the right to request a copy of your Personal Data in an electronic format and the right to have such personal data transferred or transmitted to a third-party service.
   6. Right to not be subject to automated decision making: You have the right to not be subject to a decision based on automated decision making basis the Personal Data that You share with Us. This includes profiling, in the event that such profiling would have a legal effect on you or a similar significant effect.
   7. Grievance Redressal: You have the right to address any grievances regarding our handling of your Information, and to that effect, we have appointed a Grievance Officer to whom you can address such grievances or concerns.
   8. Nomination Rights: You have the right to nominate an individual who can exercise your Information rights on your behalf in the event of your incapacity or death.
   9. Account Deletion: You may request the deletion of your account by visiting the relevant section on the Nexstem Platform.
   10. Online Tracking Technologies Opt-Out: You can opt out of the tracking technologies used by us by denying the Nexstem Platform permission to track, or if such a feature is not available on the system you are using to access the Nexstem Platform, then by writing to us at support@nexstem.ai.
   11. Withdrawal of Consent: You may withdraw your consent for Processing your Information at any time. This includes requesting the deletion of your account, which will be deemed as withdrawal of consent. Please be aware that withdrawing your consent, including deleting your account, may mean that you will no longer be able to use our Services. This will not affect the lawfulness of the information collected and Processed prior to your withdrawal.

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7. RETENTION OF INFORMATION

We will retain your Information for as long as your account remains active, and even after cancellation, for purposes including legal and regulatory compliance, dispute resolution, account cancellation activities, enforcement of agreements, or other necessary reasons. Upon cancellation, your Information will be anonymized, except as required for these purposes. We also retain Information provided to facilitate uninterrupted Nexstem Platform use, improve and personalize Services, communicate regarding your account and customer service, personalize advertising, and prevent or investigate fraudulent or illegal activities. Information will not be retained beyond lawful use, and upon request for deletion, please note that our Services may no longer be accessible.‍

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8. TERMS AND CONDITIONS

This Privacy Policy should be read in conjunction with the Terms & Conditions of the Nexstem Platform, which establish the use, disclaimers, and limitations of liability governing the use of the Nexstem Platform.

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9. CHANGES TO THE PRIVACY POLICY‍

1. We reserve the right to update or modify this Privacy Policy at any time, with or without prior notice. In the event of significant changes in the way we handle Users’ Information, or in the Privacy Policy itself, we will either prominently display a notice on the Nexstem Platform or send an email notification to the address associated with your account. It is important for you to review the changed terms before you continue to use the Nexstem Platform. The latest version of our Privacy Policy will always be available on the Nexstem Platform, and we encourage you to check it periodically.
2. By continuing to use or access the Nexstem Platform after the publication of a notice of changes or receiving an email notification about these changes, you are acknowledging and consenting to these revised terms.
3. We understand that you may not agree with these changes. If you object to any of the updated terms and no longer wish to use the Nexstem Platform, you are free to visit the relevant section on the Nexstem Platform and deactivate your account.
4. Unless explicitly stated otherwise, our current version of the Privacy Policy applies to all Information we have about you and your account. This Privacy Policy governs our Information practices and outlines your rights and our responsibilities with respect to your Information.

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10. VULNERABILITY DISCLOSURE‍

1. We are committed to protecting our users' privacy and ensuring that you have a safe and secure experience with us. If you discover a security vulnerability in the Nexstem Platform, we would appreciate your support in responsibly disclosing it to us.
2. Please share the details of suspected vulnerabilities with our Company's security team by sending an email to support@nexstem.ai with the subject 'Privacy Issue' and allow us to fix these vulnerabilities before you make any public disclosure.
3. Please include the following information when sending us the details:some text
   1. Mobile phone model name, make, and number;
   2. Operating System name and version number;
   3. Browser name and version;
   4. Platform downloading platform;
   5. Plug-in names and versions installed in the browser; and
   6. Steps necessary to reproduce the vulnerability, including any specific settings required to reproduce it.

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11. COMMUNICATIONS FROM COMPANY

From time to time, we may contact you via calls, SMS, emails, and other communication channels to provide you with information related to our products or Services, notifications on updates regarding our products or Services (when we consider it necessary to do so), educational information, and promotions. We may also notify you if we need to temporarily suspend the Nexstem Platform for maintenance and keep you informed on security, privacy, or administrative-related communications. By setting up an account, you consent to us contacting you via call, SMS, push notifications, or through any other communication channel, as we may deem appropriate.

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12. GRIEVANCES AND REDRESSAL

If you have any questions or concerns regarding this Privacy Policy or the Company's practices for collecting, using, and disclosing your Information, please feel free to contact our appointed Grievance Officer. We are committed to addressing your inquiries and resolving any issues related to the handling of your Information promptly and carefully. Should you have a specific grievance regarding our use of your Information, you are encouraged to communicate directly with the Grievance Officer:

Grievance Officer: Abhishek Kateliya

E-mail ID: legal@nexstem.ai

Address: 4th floor, 19, KHB colony, 8th block, Koramangala, Bengaluru, India - 560095.

We assure you that we will make every reasonable effort to promptly respond to and resolve any concerns or questions you may have.

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Last updated - January 01, 2025.