Privacy Policy

Important Note

We do not sell or share any Personal Data, including emotion inference data, images, audio, or video, without explicit consent.

We, Nihilent Ltd. and all our entities and subsidiaries (hereafter referred to as“Nihilent,” “we,” “us,” “our”, “Company”) have developed and own the nSEPIA application, made available through the Mobile Application or Web based version (herein referred to as“nSEPIA” or “Application”). The Application is an AI-powered emotional wellness application, designed to help users manage their emotional wellness through personalized relaxation plans based on near real-time emotion scans (“Offering/s”). The Application relies on emotion scans, body movement detection, advanced music therapy in the form of ragas, yoga, breathwork, meditation, and other wellness content to offer instant relief and long-term emotional fitness tools.

We respect data privacy rights and are committed to protecting Personal Data collected on nSEPIA. This Privacy Notice (“Privacy Notice”) sets forth how we collect, use, and protect the personal data collected through the Application. This Privacy Notice applies to nSEPIA and should not be referred to for any other products, applications, or services offered by Nihilent.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY CLICKING ON THE CONSENT CHECK BOX, AND BY ACCESSING AND USING THE APPLICATION, YOU AGREE TO THE TERMS OF THIS PRIVACY NOTICE OUTLINED BELOW. YOU HEREBY AGREE AND PROVIDE CONSENT TO THE COMPANY FOR PROCESSING PERSONAL DATA FOR THE PURPOSES AND THE SCOPE DEFINED IN THIS PRIVACY NOTICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, YOU MAY WITHDRAW YOUR CONSENT OR CHOOSE NOT TO PROVIDE YOUR PERSONAL DATA ON THE APPLICATION. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL ON privacy@nsepia.com.

IF YOU ARE ACCESSING THE APPLICATION ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY NOTICE AND, IN SUCH AN EVENT, YOUR USE OF THE APPLICATION SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE PERSONAL DATA OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, THEN YOU SHOULD REFRAIN FROM USING THE APPLICATION.

This Privacy Notice is an electronic record in the form of an electronic document and construed in accordance with the data protection laws of the applicable jurisdictions.

1. Definition

1. “Personal Data” means any information/ data that relates to an identified or identifiable natural person;
2. “User(s)”, You”, “your” shall mean individual who access/use nSEPIA and whose Personal Data is collected through nSEPIA;

2. WHAT PERSONAL DATA IS COLLECTED BY US?

We may receive your Personal Data in the following ways:

1. Information Collected through the Use of the Application: When you use the Application, we may receive information about you and your usage of the Application. Such information may include your Personal Data and your facial biometric data or facial scan data, skeletal/pose 2 points, emotion inference scores, user images, audio and video to detect the emotions of the user.
2. Onboarding and Account Creation: You may share your Personal Data on the Application when you create an account to avail the Offerings. Such data may include, but is not limited to, your name, age, sex, email address, contact number, faith and any other information you provide when registering on the Application.
3. Social Sign-Up Methods: If you choose to sign up on the Application through a social sign-up method, including but not limited to Google, Facebook and other similar sign-ups, we may receive additional Personal Data from such sign-up providers.
4. Online Identifiers and Log Data: We may receive information about your system, device, browser type, usage duration, system logs, etc.
5. Payment Information: As a part of our Offerings, Users have the option to upgrade their subscription to become a premium user. If a User purchases the premium subscription, we may provide an option to make a payment towards the subscription. We may collect certain information, such as full name, phone numbers, billing address, and email address, to process your request. We use third-party payment service providers to process payments made to us. We do not retain any of your financial information, such as credit card details or bank details and all such information is provided directly by you to our third-party processor. The payment processor’s use of your Personal Data will be governed by their privacy notice. We do not access, store, or collect your credit/debit card information. We may have information limited to the payment confirmation number for our record purposes.
6. Communications: We may collect information that you provide to us when you contact us to inquire about our Offerings. Such information may include your first name, last name, email, phone number, and any other information you provide, including your interests in relation to our Offerings and Application.

3. Accuracy of Information

The User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Data shared with us, whether of its own or any third party. In the event the User is sharing any Personal Data on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Data with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Data shall be subject to the terms and conditions of this Privacy Notice.

4. HOW WE USE YOUR PERSONAL DATA

We may use the Personal Data for the following purposes:

1. to provide and inform you about our Offerings,
2. to respond to your requests,
3. for the creation or development of business intelligence or data analytics in relation to the Offerings provided by us,
4. to provide you with a better experience when you access our Application and to improve the Application and Offerings,
5. to personalize content, insights, and recommendations aimed at enhancing your emotional state and overall well-being,
6. to maintain and manage our Application
7. to provide support for operations, provision of Application and Offerings,
8. to manage our relationship with you
9. for internal record keeping, and
10. to comply with our legal or statutory obligations.

5. HOW WE SHARE YOUR PERSONAL DATA

We do not sell, rent, share, distribute, lease, or otherwise provide your Personal Data to third parties without your prior consent. Keeping this in mind, we may disclose your Personal Data in the following cases:

1. Emoscape: We may provide your Personal Data with our product “Emoscape” for processing. This will help us to enhance and improve the Offerings.
2. Affiliates: We may provide your Personal Data to our affiliates to enable them to improve the Offerings, provide feedback, and respond to their queries.
3. Service Providers: We may share your Personal Data with the service providers who work with us in connection with operating the Application and/or providing the Offerings. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Notice.
4. Merger or Acquisition: We may transfer your Personal Data if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the Application, to a third party. Any such third party or resultant entity that receives your Personal Data shall have the right to continue to use your Personal Data in line with the purposes set out herein.
5. Safety, Legal and Regulatory Authorities: We may disclose your Personal Data if we believe that we are required to do so: (a) by law; (b) to comply with legal process or governmental requests; (c) to enforce our agreements; (d) to protect our operations; (e) to protect the rights, privacy, safety or property of the Company, you or others; (f) to protect our reputation; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.

6. COOKIES

We use cookies and/or similar in-house tracking tools to track user traffic patterns. Tracking tools also used are beacons, tags and scripts to collect and track information and to improve and analyse our websites.

7. ANONYMISED DATA

We may also use your Personal Data collected to derive and create aggregate anonymized data. While we will continue retaining such derived or anonymised data, any Personal Data will be deleted. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Data shared with us. We may use this anonymized data for any purpose including but not limited to conducting research, analytical purposes, training artificial intelligence models and improving our Offerings. By using the Offerings and/or visiting our website, you provide us the right to use your Personal Data to create anonymized data and use it for our business purposes.

8. INTERNATIONAL DATA TRANSFER

We may transfer your Personal Data to locations in India or other such locations, depending on the underlying infrastructure for the Application. All such transfers shall take place in accordance with legal requirements as per the applicable privacy and data protection laws.

9. YOUR PRIVACY RIGHTS

In accordance with applicable data protection laws, you have the following rights in respect of your Personal Data:

1. Right to access Personal Data in our possession
2. Right to have us rectify or modify any such Personal Data
3. Right to have us erase/delete your Personal Data
4. Right to restrict us from processing such Personal Data
5. Right to object to our use of Personal Data
6. Right to withdraw consent at any time where we are relying on consent to process Personal Data

Depending on the nature of the request, we may ask you to complete a Personal Data request form or provide certain details to verify the request. All requests for Personal Data will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please contact us at privacy@nsepia.com.

10. INFORMATION FOR INDIA USERS AS PER DPDPA

These rights are available to individuals accessing the Website from India. These rights will be provided under the Digital Personal Data Protection Act, 2023, as and when it is enforced.

You have the following rights that can be exercised:

1. Right to access information about Personal Data
2. Right to correction and erasure of Personal Data
3. Right of grievance redressal
4. Right to nominate
5. Withdraw consent at any time where we are relying on consent to process Personal Data

Depending on the nature of the request, we may ask you to complete a Personal Data request form or provide certain details to verify the request.

All requests for Personal Data will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please contactprivacy@nsepia.com.

Only after exhausting the Company’s grievance redressal mechanism, you may approach the Data Protection Board of India, which may be set up.

11. INFORMATION FOR USERS AS PER CCPA

This section provides information regarding Californian residents’ rights under the California Consumer Privacy Act (“CCPA”), read along with the California Privacy Rights Act (“CPRA”). For clarity, Personal Information and Sensitive Personal Information shall have the same meaning as defined under CCPA and CPRA.

We do not sell, rent, distribute, lease, or otherwise provide your Personal Information to third parties without your prior consent. You may exercise your rights allowed to you under the CCPA by emailing privacy@nsepia.com. We may ask you to verify your identity prior to fulfilling your request.

As a California consumer, you have the following rights under CCPA and CPRA:

1. You have the right to correct your Personal Information and Sensitive Personal Information in case of any inaccuracy.
2. You have the right to limit the use of a particular category of your Sensitive Personal Information to a particular purpose.
3. You have a right to opt out of automated decision making and automated inferences in profiling for targeted, behavioral advertisements online.
4. You have the right to know about the automated decision making and the right to request access to and information about how automated decision technologies work.
5. You have a right to request the deletion of Personal Information.
6. You have the right to know what information is collected, including the right to request access to the Personal Information collected.
7. You have the right to know what Personal Information is sold or shared, including to whom the Personal Information is shared.
8. You have the right to opt out of the sale or sharing of your Personal Information.

We will not charge you a fee for making a valid request unless your request(s) are excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

We will not discriminate against you for exercising your rights under CCPA and CPRA. Specifically, we will not:

1. Deny access to our software or services
2. Charge a different rate for the use of our software or services
3. Provide a different quality of product or service

12. YOUR CHOICES AND OPT-OUT

We may send you communications, including but not limited to (a) notices about your use of the Application and Offerings, including those concerning violations of use, (b) updates, (c) promotional information regarding our Offerings, and (d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out at any time by emailing privacy@nsepia.in. with your specific request.

13. DATA RETENTION

We will retain the User’s Personal Data as long as it is required to be retained for the provision of the services/ Offerings on nSEPIA. We may also retain and use Users’ Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

14. THIRD PARTY WEBSITES, APPLICATIONS AND PAGES

Our Offerings may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your Personal Data. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

15. SECURITY PRACTICES

We are committed to maintaining information security and protecting User Personal Data from potential breaches. We implement security measures as per best industry standards. Although we provide appropriate firewalls and protection, we cannot warrant the security of Personal Data transmitted as these systems are not hack-proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we will take necessary measures to mitigate such events.

16. CHILDREN’S PERSONAL DATA

Our Application is not meant for use by any person who is under the age of 18 years. If we learn we have collected or received Personal Data from a child without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child, please contact us at privacy@nsepia.in.

17.GOVERNING LAWS AND DISPUTES

This Privacy Notice shall be construed and governed by the laws of India and shall be subject to the exclusive jurisdiction of the competent courts in Pune.

18.CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this Privacy Notice at any time. The updated Privacy Notice will be made available through our Application or website along with the date of the latest revision. If such modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through the Application or website.

19. HOW TO CONTACT US

If you have any questions, concerns, or grievances regarding this Privacy Notice, or if you wish to withdraw your consent in relation to the processing of your Personal Data, you can reach out to Mr. Swapnil Padhye via email at privacy@nsepia.com.

Office address: