LEGAL
Privacy Policy
We at Fibmesh, gives utmost priority to your privacy, security and online safety. This Privacy Policy provides the information about the data that Fibmesh Private Limited (“Fibmesh”, “we”, “us” or “our”) processes (collect, store, use, share and regulate) of its visitors or users (“User” or “You”), who visits our website www.fibmesh.com (“Website”)
We at Fibmesh, intends to recreate the internet infrastructure, using software first and platforms approach, wherein configuring national and international networks becomes effortless, by bringing different ecosystem stakeholders including service providers, cloud providers, infrastructure providers, IXPs and Data Centres on a common platform (“Services”) and while keeping required sync among these components, we also recognizes the significance of protecting your sensitive Data and are concerned about maintaining adequate online safety.
SCOPE:
This Policy includes:
Personally identifiable information we collect, how it is used and with whom it may be shared;
The Security procedures in place to protect the misuse of your Data;
Option available to User for access, update or deletion of Data;
We may collect personal information from Users in a variety of ways, including, but not limited to, when Users visit our Website or register on it.
DEFINITIONS:
“Data” includes personal and non-personal information that (i) relates to You and (ii) can – either on its own or in combination with other information – identify You as an individual, including the de-identified or aggregated information which can be used for identification of an individual;
“Process” or “Processing” means any operation which is performed upon non-personal and personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination thereof;
“Data protection officer” means the key managerial personnel, including chief executive officer, managing director or whole-time director or such senior level officer as designated by the Board of Directors of the Company.
ACCEPTANCE TO PRIVACY POLICY
By accessing and using our Website/ Services, You signify your acceptance to the terms of this Privacy Policy and consent to the collection, use, and disclosure of your Data as mentioned above. If You do not agree with or You are not comfortable with any aspect of this Privacy Policy, You should immediately discontinue access or use of our Services.
THE DATA WE COLLECT:
The Data/ information (the “personal and/ or non-personal data”) that we collect and Process, with your due consent, includes:
User account Information: Information we use to identify who You are and/or to provide or maintain your account and Services, such as your name, address, email address, mobile number, while You register to our Website or access any part of our Services;
Payment Information: When You make payment for our Services, You will need to provide us with a credit or debit card details, including billing information;
Log Data: Information regarding your Internet protocol (IP) address, your Mac address, user settings, cookie identifier, device location information, timestamp and other information about how You use our Services;
Voluntary Information: Information that You provide in our general surveys, wherein we may request You to provide certain information including your contact details, age group and demographic location, to market You the area or need specific services;
Non-Personal Data: We may collect technical non-personal data, including your browser types, operating systems, and the URL addresses of websites clicked, to and from the Website, and your other online behaviour. We collect the non-personal data, in order to, analyse what kind of users visit the Website, how they find it, how long they stay, from which other websites they come to the Website, what pages they look at, and to which other websites they go from the Website. The non-personal data collected by us are used only for the purposes of improving the Website and your User’s experience;
OUR PURPOSE FOR COLLECTION OF DATA :
We respect the data protection principles and Processes the Data only for specified, explicit, and legitimate purposes.
The Data we collect during registration of User account on our Website, or when you log in to the Website, are used only to (i) allow You to create an account on the Website for the Services, (ii) provide the User with the requested Service, (iii) send an information about Services that are similar to the Services used by the User, (iv) perform contract regarding Service with the User;
The Data submitted by You through the inquiry/ feedback form available on the Website are used only for (i) performing the tasks requested by You, (ii) answering your queries or providing You with the requested information, (iii) improving our operational activities, (iv) optimizing the Website and the Services;
We may need to disclose your Data to enforce our rights arising from any contracts entered into between You and Fibmesh; comply with any court order, legal process, or respond to any governmental or regulatory request; or to protect Fibmesh’s rights or property or the safety of Fibmesh, our customers, employees, or others associates;
Your payment details including your debit or credit card information, for Processing your payments only;
A copy of your identification document will be used and preserved for our compliance purpose and to prevent any fraudulent activities through the Website and shall seek your prior express consent for using your Data for any purposes that are not indicated in this Privacy Policy.
We may use your Data to send marketing material or promotional offers about our Services that may be of your interest. We may provide You with these materials by email or such other mode, as permitted by applicable law.
With regards to Fibmesh Services, the information we collect is generally used to improve the overall performance and provisioning of the Services. When we use and share this information, we do not disclose any information which could be used to identify You personally. We use geographic location data generated from your IP address, in order to determine the correct charges for the location from which You are using the Service.
Other Uses :We may also use personal information to pursue legitimate interests, including testing, research (viz; marketing research), network or information security, data analysis and development of related Services.
SHARING OF DATA:
We shall share and disclose your Data for legitimate purpose only, as mentioned below:
We may disclose the Data we collect about You with our third-party service providers or related group companies, including parent company, subsidiary or associate companies and/ or any other affiliates of the company, on need-to-know basis;
We may access, preserve, and disclose your Data if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or summons; (ii) protect your, our or others’ rights to property, or safety; (iii) when we believe that disclosure is necessary or appropriate to prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (iv) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
If, at any point of time, Fibmesh gets involved in a merger, acquisition, corporate re-structing, financing due diligence, re-organization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be transferred as part of such a transaction as permitted by law and/or contract.
We may provide relevant information to our business associates including accounting firms, legal counsel or consultants in an aggregate form to comply with the regulatory requirements of the Company.
Cross Boarder Sharing and Data Storage: Subject to the conditions as prescribed under data protection law, by accepting our Privacy Policy, You agree that all the Data maintained by us, which belongs to the Indian citizen may be transferred outside India, but such Personal Data shall continue to be stored in India.
Furthermore, the sensitive and critical personal data, as specified by Indian Government from time to time, shall only be Processed in India.
YOUR CHOICES:
General: You may have the right to object to or opt out of certain uses of your Data. Where You have consented to the Processing of your personal information, You may withdraw that consent at any time by contacting us at mail-id, as described below.
Email Communications: If You receive an unwanted email from us, You can use the unsubscribe link found at the bottom of the email to opt- out of receiving future emails. However, You will continue to receive transaction-related emails regarding the Services You have requested. We may also send You certain non-promotional communications regarding us and our Services, which You will not be able to opt-out of.
Marketing communications: You may opt-out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us at below mentioned mail-id.
Accessing, Updating or Deleting Your Data: You shall have the right to: (i) request to obtain access of a copy of your Data, electronic or physical; (ii) restrict our use of your Data; (iii) seek correction or amendment of inaccurate, untrue, incomplete, or improperly Processed Data; and (iv) request deletion of Data held by us, subject to certain exceptions as prescribed under law.
If You would like to exercise any of these rights or if any of your personal information or Data has been changed, please contact us by emailing us at corporate.compliances_fm.in@fibmesh.com and we shall respond to your request within a reasonable timeframe.
We will process such requests in accordance with applicable laws and to protect your privacy, Fibmesh will also take steps to verify your identity before fulfilling your request.
DATA RETENTION:
We shall retain the Data we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected including provision of our Services, resolve disputes, establish legal defence, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws based on territorial jurisdiction.
SECURITY OF YOUR PERSONAL DATA:
We take adequate steps to ensure that your Data is treated securely, in accordance with the Data Protection Law applicable to Fibmesh. All our employees who have access to and are associated with the processing of your personal information are obliged to respect the confidentiality of such Data. The Website has reasonable security measures in place to protect the loss, misuse, and alteration of the personal information or Data under our control.
We maintain the Website and all associated data with technical, administrative, and physical safeguards to protect against loss, unauthorized access, misuse, modification, and improper disclosure. However, no security system can be guaranteed 100% and considering the vulnerability of threats from internet, we cannot ensure or warrant the security of any information You provide to us. Therefore, we do not accept liability for unintentional disclosure to the fullest extent permitted by the applicable law.
Wherever, we collect sensitive information (such as debit or credit card data), that information is encrypted and transmitted to us in a secure way. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. However, if a security breach causes an unauthorized intrusion into the Website that materially affects You or your Data, Fibmesh will attempt to notify You as soon as possible.
By using our Website or providing Data to us, You agree that we may communicate with You electronically regarding security, privacy, and administrative issues relating to your use of the Services, by sending You an e-mail.
CHILDREN’S PRIVACY:
Our Website and Services are not directed for children under the age of 18 (or other age as required by local law), and we do not knowingly collect Data from children.
If a parent or guardian learns that your child has provided us with their personal information without your consent, You may contact us at the email, as set forth below. If we learn that we have collected any Data in violation of the applicable law, we will promptly take steps to delete such information/ Data.
DATA PROTECTION UNDER THE GDPR FOR EEU RESIDENTS
Reference to the Data as provide under this Privacy policy is equally applicable to the “Personal Data” as mentioned under European Union General Data Protection Regulation (EU GDPR).
Therefore if You, being a resident of the European Economic Area (“EEA”), are using our Services, the GDPR will apply to our Processing of your Personal Data and consequently, You may have additional rights with respect to your Personal Data (defined in the GDPR), as outlined below.
Our Services, including the Website, are hosted and operated through our Indian operators and/ or global service providers. Therefore, when You use our Service, the personal information of the Users processed by Fibmesh will be primarily processed in India or, such other place where our Processing facilities shall be located, which could possibly be other countries as well, where we or our service providers operate. These transfers will often be made in connection with routing your communications in the most efficient way. Thus, by use of our Services, You acknowledge that any Personal Data of yours provided to Fibmesh, will be hosted in its servers and it is hereby pertinent to note that such transfers are necessary for us to Process your request to provide the Services, pursuant to our Terms of Service or any individual agreement we have with You.
We will only Process your Personal Data if we have a lawful basis for doing so. Lawful bases for Processing include consent, contractual necessity and legitimate interest of Fibmesh and others. We will process your Personal Data associate with your account as a matter of contractual necessity, to provide You with the Services. However, we shall process certain categories of Personal Data when we believe it furthers the legitimate interest of us or third-party service provider including: (i) improvement of our business and Services; (ii) marketing of our products and Services; (iii) customer support; (iv) to protect against and address fraud or security threats; and (v) to satisfy legal obligations. We may also process the Personal Data based on the consent You expressly grant to us at the time we collect such data. When we process the Personal Data based on your consent, it will be expressly indicated to You at the point and time of collection.
Under the GDPR, EEA residents have various rights with respect to the Personal Data that Fibmesh Processes. These rights includes: (i) the right/ consent to access your Personal Data (“Access/ Consent”); (ii) the right to request transmission of your Personal Data (“Data Portability”); (iii) the right to correct or supplement any inaccurate or incomplete Personal Data (“Rectification”); (iv) the right, subject to limited exceptions, to request that we erase some or all of your Personal Data from our systems on certain grounds more specifically set forth in the GDPR (“Erasure”); (v) withdrawal of prior granted consent (“Consent Withdrawal’); (vi) objection to Process for marketing purposes; and (vii) the right to file a complaint with the appropriate supervisory authority. You may exercise any of these rights by providing your request at the contact as set forth below.
Furthermore, the Data protection law (including privacy law) in certain jurisdictions, like the EEA, differentiate between “controllers” and “processors” of personal information. Thus, when Fibmesh collects and Processes your information, we generally act as a controller. When the information is transferred to any of our service providers, they act as a processor of that information and must follow Fibmesh instructions regarding their Processing activities and Fibmesh employs appropriate safeguards for cross-border transfers of Personal Data, as required by applicable data privacy law, for transferring to service providers outside the EEA. Fibmesh also enters into a Data Protection Agreement with each service provider to address and flow down all appropriate required data privacy legal obligations. When we transfer your Personal Data, we will take all reasonable steps to ensure that your privacy rights continue to be protected consistent with our obligations under the data privacy law.
AMENDMENT TO THE PRIVACY POLICY:
We reserve the right to add to, change, update, or modify the terms of this Privacy Policy at any time without giving any prior notice, although we shall endeavour to give notice of any such amendment, by noting the effective date of any amendment above. You acknowledge and agree that it is your responsibility to review the website and the Privacy Policy from time to time and familiarize yourself with any modifications, in case of any change.
YOUR CONTINUED USE OF THE WEBSITE FOLLOWING OUR POSTING OF ANY UPDATES WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.
SUPERVISORY AUTHORITY:
Being the User of Fibmesh Services, You have the right to lodge a complaint with Data protection officer, if at any time, You believe that our Processing of your Data, violates any applicable law of the your Jurisdiction.
CONTACT US
Fibmesh strive to maintain the privacy of your Data and committed to address your concerns. If You have any questions or concerns regarding this Privacy Policy or protection of your Data, You may contact us at corporate.compliances_fm.in@fibmesh.com.
DISPUTES
If you have an unresolved privacy or Data usage concern that we have not addressed satisfactorily, please contact our Data protection officer/dispute resolution provider at corporate.compliances_fm.in@fibmesh.com.