1. Context

1.1.    Who is NEN and what is this policy?

i.    National Entrepreneurship Network (“NEN”) is the Wadhwani Foundation’s flagship initiative in India, aiming to educate and support high potential entrepreneurs by providing them and other individuals with various online courses (“Subscribers”) and access to a wide range of training videos and other material through the website www.nen.org (“Websites”) hosted by the Wadhwani Foundation.

ii.    At NEN, we understand and appreciate that your decision to engage with us is an expression of your confidence. You trust us to keep secure any information we obtain from you or about you. We understand that privacy is important, and we are strongly committed to protecting the privacy of the Users (as defined below) of our Websites.

iii.    This privacy policy (“Privacy Policy”) describes the policies and procedures of NEN with respect to the collection, use and disclosure of the information provided by the Subscribers and the visitors of the Websites (together referred to as “Users”). NEN shall not use the Users’ information in any manner except as provided under this Privacy Policy. By accessing or using the Websites or registering for the various courses on the Websites, each User shall be bound by this Privacy Policy.

iv.    NEN can be reached, for all questions and directions related to this Privacy Policy, by:

a.    Sending a letter to National Entrepreneurship Network, Wadhwani Foundation, Subramanya Tech Park, Plot No. 3 & 3A, EOIZ Industrial Area, Bengaluru, Karnataka 560066; or
b.    Sending an email to support@wadhwani-foundation.org

1.2.    Why this privacy policy?

i.    This Privacy Policy is published in compliance of:

a.    Section 43A of the Information Technology Act, 2000;
b.    Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
c.    Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

ii.    This Privacy Policy states the following:

a.    The type of information collected from the Users, including sensitive personal data or information;
b.    The purpose, means and modes of usage of such information; and
c.    How and to whom NEN will disclose such information.

1.3.    What is personal information?

i.    “Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

ii.    The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:

a.    passwords;
b.    financial information such as bank accounts, credit and debit card details or other payment instrument details;
c.    physical, physiological and mental health condition;
d.    sexual orientation;
e.    medical records and history;
f.    biometric information; and
g.    information relating to the above provided to a body corporate for providing services; or received by a body corporate under lawful contract or otherwise.

iii.    Information that is freely available, publicly available, or accessible under the Right to Information Act, 2005 or any other law will not be regarded as Sensitive Personal Data or Information.

2. Privacy Statements

2.1.    All Users Note:

i.    This section of the Privacy Policy applies to all Users.

ii.    A condition of each User’s use of and access to (i) the Websites, and (ii) the courses and other materials offered on the Websites (“Content”), is their acceptance of the terms of use located at <<insert link>> (“Terms of Use”), which also involves acceptance of the terms of this Privacy Policy. Any User who does not agree to the terms contained in the Privacy Policy, shall not have the right to use the Content and shall forthwith leave the Websites.

iii.    Each User may provide information about himself/herself including name, e-mail address and organisation details in order to register themselves as users of the Content. This information is not viewable or discoverable by other Users of the Content. Where a User posts a comment on the Websites the name and e-mail address of the User shall be collected. NEN may publicly display the User’s name and comment on the Websites or on any other publication issued by NEN, however the User’s e-mail address shall not be disclosed.

iv.    NEN may use a User’s email address to send him/her Content related notices (including any notices required by law). Further, all email correspondences may be retained by NEN for its records.

v.    Subject to the provisions contained in the Terms of Use, all the information provided to NEN by a User, including Sensitive Personal Data or Information, is voluntary. The User has the right to withdraw his/her consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, however such withdrawal of consent will not be retroactive.

vi.    A User can access, modify, correct and eliminate the data about him/her which has been collected pursuant to his/her decision to become a User. If a User updates any of his/her information, NEN may keep a copy of the information which the User originally provided to NEN in its archives for uses documented herein. A User may exercise these rights by emailing NEN at the e-mail address mentioned in Clause 1.1(iv)(b).

vii.    Due to the communication standards on the internet, when a User enters the Websites, NEN automatically receives the uniform resource locator of the website from which such User came and the website to which such User is going when he/she leaves. NEN also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server that a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, the name of the User’s internet service provider and the pages of the Websites visited by the User. This information is used to analyze overall trends to help NEN improve the Websites, provide the User with articles, newsletters and other items of interest, generate usage or demographic statistics and to measure Websites activity. The linkage between the User’s IP address and the User’s personally identifiable information is not shared with third-parties without such User’s permission or except when required by law. Notwithstanding the above, NEN may share some of the aggregate findings (not the specific data) with sponsors, strategic partners, and others in order to help improve the Content and related services.

viii.    The Websites uses temporary cookies to store certain data (that is not Sensitive Personal Data or Information) that is used by NEN and its service providers for the technical administration of the Websites, research and development, and for User administration. In the course of optimizing services to its User, NEN may allow authorized third parties to place or recognize a unique cookie on the User’s browser. NEN does not store personally identifiable information in the cookies.

ix.    NEN may keep records of telephone calls received and made for the purpose of administration of services, research and development and User administration.

x.    This Privacy Policy applies to the Content that is provided by NEN alone. NEN does not exercise control over the websites displayed as search results or links from within its Content. These other websites may place their own cookies or other files on the Users’ computers, collect data or solicit personal information from the Users, for which NEN is not responsible or liable. Accordingly, NEN does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such other websites, nor does NEN guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by NEN of the website, the website's provider, or the information on the website. NEN encourages the Users to read the privacy policies of such websites.

xi.    NEN does not collect information about the visitors of the Websites from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each User must agree to under the terms of use in order for NEN to effectively render the services).

xii.    NEN has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.

xiii.    NEN will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when NEN, 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, or to enforce or apply the Terms of Use.

xiv.    In the event the User uses features of social networking sites such as Facebook or Twitter to share his/her activity on the Websites, NEN will share the Users’ personal information with such social networking sites along with any additional information provided by the User such as Twitter handles and Facebook details.

xv.    NEN addresses any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, NEN has designated a Grievance Officer, who will redress the grievances of the Users expeditiously but within 1 (one) month from the date of receipt of grievance, and who can be reached by:

a.    Sending a letter to National Entrepreneurship Network, Wadhwani Foundation, Subramanya Tech Park, Plot No. 3 & 3A, EOIZ Industrial Area, Bengaluru, Karnataka 560066; or
b.    Sending an email to support@wadhwani-foundation.org

2.2.    Visitors Note:

i.    No Sensitive Personal Data or Information is automatically collected by NEN from any visitors of the Websites, who are merely perusing the site (“Casual Visitors”). To clarify, a visitor is not a Casual Visitor if he/she has willingly submitted any personal data or information to NEN through any means, including email, post or through the registration process on the Websites. All such visitors will be deemed to be, and will be treated as, Subscribers for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy shall apply to such persons.

ii.    Certain provisions of this Privacy Policy are applicable even to Casual Visitors, and such Casual Visitors are also required to read and understand the Privacy Policy. If such Casual Visitor does not agree to the Terms of Use or the Privacy Policy then he/she shall forthwith leave the Websites.

iii.    If a Casual Visitor, has inadvertently browsed any other pages of the Websites prior to reading the privacy statements set out herein, and does not agree with the manner in which such information is obtained, stored or used, merely quitting the browser application should ordinarily clear all temporary cookies installed by NEN. All Casual Visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as NEN cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Websites.

2.3.    Subscribers’ Note:

i.    As part of the registration/application creation and submission process that is available to Subscribers on the Websites, certain information, including Sensitive Personal Data or Information is collected from the Subscribers.

ii.    All the statements in this Privacy Policy apply to all Subscribers, and all Subscribers are therefore required to read and understand the privacy statements set out herein prior to submitting any Sensitive Personal Data or Information to NEN, failing which they are required to leave the Websites immediately.

iii.    The Websites may enable a Subscriber to communicate with other Subscribers or post information to be accessed by others, whereupon other Subscribers may collect such data. NEN hereby expressly disclaims any liability for any misuse of such information that is made available by Subscribers in such a manner.

iv.    If a Subscriber has inadvertently submitted any such information to NEN prior to reading the privacy statements set out herein, and does not agree with the manner in which such information is collected, stored or used, then he/she may modify and delete all information stored about him/her by NEN by clicking on the “Edit Profile” link on the navigation bar of the Websites. In addition, any Subscriber can ask NEN, by sending an email to support@washwani-foundation.org  whether NEN is keeping personal data about him/her, and every Subscriber is also entitled to request NEN to delete and destroy all such information relating to him/her (but not other Subscribers) in its possession. However, NEN is not obligated to delete such information unless applicable law requires NEN to do so.

v.    Subscribers’ personally identifiable information that they choose to provide on the Websites is used to help them describe / identify themselves. Other information that does not personally identify the Subscribers as individuals, is collected by NEN from Subscribers (such as, patterns of utilization described above) and is exclusively owned by NEN. NEN may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If NEN wishes to use any Subscriber’s personal data for a new purpose, it will seek such Subscriber’s permission before doing so.

vi.    NEN will communicate with the Subscribers through email and notices posted on the Websites or through other means available through the service, including text and other forms of messaging. The Subscribers can change their e-mail and contact preferences at any time by logging into their account on the Websites and changing the account settings.

vii.    Additionally NEN may choose to conduct contests and surveys to collect relevant information about the Subscriber’s preferences. These surveys and contests are optional and if the Subscriber chooses to respond, his/her responses will be kept anonymous. The demographic information that NEN collects in the registration process and through any surveys or contests is used to help NEN improve its services to meet the needs and preferences of Subscribers.

viii.    All NEN employees and data processors, who have access to, and are associated with the processing of Sensitive Personal Data or Information, are obliged to respect the confidentiality of every Subscriber’s Sensitive Personal Data and Information.

ix.    NEN may also disclose or transfer personal and other information provide by a Subscriber, to another third party as part of reorganization of the Wadhwani Foundation. Any third party to which NEN transfers or sells its assets will have the right to continue to use the personal and other information provided by a subscriber to NEN.

x.    To the extent necessary to provide Subscribers with the Content, NEN may provide their Sensitive Personal Data or Information to third party contractors who work on behalf of or with NEN to provide Subscribers with such services, to help NEN communicate with Subscribers, to organize events specifically designed to keep the Subscribers abreast on NEN’s activities or to maintain the Websites. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Websites, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.

3.    Registration Process

3.1.    As part of the registration process, NEN collects the following personal information from Subscribers:

i.    Name;
ii.    Username;
iii.    Email address;
iv.    Phone Number;
v.    City;
vi.    Age;
vii.    Gender;
viii.    Profession;
ix.    Organisation name;
x.    Role in the organization;
xi.    Industry;
xii.    Founding year;
xiii.    Stage of the Subscriber’s start-up;
xiv.    Password chosen by the Subscriber; and
xv.    Other details as the Subscriber may volunteer.

3.2.    All the information listed in Clause 3.1 of the Privacy Policy (“Subscriber Information”) is maintained by NEN in electronic form on its equipment, and on the equipment of its employees. Subscriber Information may also be converted to physical form from time to time. Regardless of the manner of storage, NEN will keep all Subscriber Information confidential, and will only disclose them in the following manner:

i.    NEN makes all Subscriber Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.

ii.    In the event that NEN transfers or alienates any part or whole of the Websites to any of its affiliates or third parties, in which case such parties shall be bound by the Terms of Use and this Privacy Policy in the same manner as NEN.
Notwithstanding the above, NEN shall not be responsible for any breach of security or for any actions of any third parties that receive Subscribers’ personal data or events that are beyond the reasonable control of NEN including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes and breach of security and encryption.

4.    Change to Privacy Policy

4.1    NEN may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way NEN treats Users’ personal information, NEN will display a notice on the Websites or send the Users an email, as provided for above. Unless stated otherwise, NEN’s current privacy policy applies to all information that NEN has about Users. Notwithstanding the above, NEN shall not be required to notify the Users of any changes made to the Privacy Policy.

4.2    If a User accesses or uses the Content after notice of changes has been sent to such User or published on the Websites, such User hereby provides his/her consent to the changed practices.

5.    Governing Law

5.1.    The use of the Websites, this Privacy Policy and any disputes relating thereto, shall be governed by the laws of India. Subject to Clause 5.2, the courts at Bangalore, India shall have exclusive jurisdiction.

5.2.    All disputes will be subject to arbitration at Bangalore, India, in English, by a single arbitrator appointed by NEN under the Arbitration and Conciliation Act, 1996.