Privacy Policy

DEFINITIONS

The capitalized terms used in this Notice are defined in Annex 1.

QUICK LINKS

We recommend that you read this Notice in full to ensure you are fully informed. However, if you only want to access a particular section of this Notice, you can click on the relevant link below to jump to that section.

1. WHO IS THE DATA CONTROLLER?

he Website and our Services are made available by various companies in the Bayasoft group of companies (each a “Group Company”).

Where this Privacy Notice refers to “Bayasoft”, “we”, “us, “our”, this means one or more of the particular Group Companies that provide the particular Website, Mobile Application, Newsletter or Services to you, recruits you, uses testimonials from you, sends marketing communications to you, hosts an event you visit, or organizes a program in which you participate.

For the purposes of the GDPR and LGPD, the following Group Companies act as a data controller when the processing of your Personal Data is governed by the requirements of the GDPR or LGPD.

Bayasoft Private Limited. (company no: _________) is a company established under Companies Act of India, with its registered office at Rupa Solitaire, Millenium Business Park, .

2. WHO WE COLLECT PERSONAL DATA ABOUT

We collect, process and store Personal Data about the following people:

• Website visitors: If you browse our Website or contact us via our Website (Contact Sales) we will collect, process and store your Personal Data in connection with your interaction with us and our Website.
• Users of our Services: If you use our Services, whether it is through our Website or our Mobile Applications, we will process your Personal Data for certain data analytics purposes and in order to offer, deliver and improve our Services.
• Visitors to our Offices: If you visit our office, we may process Personal Data about you that you volunteer in connection with your visit and any enquiries you make. For example, you may volunteer Personal Data when signing in as a guest. CCTV footage may also be collected for security purposes.
• Recipients of marketing communications from us: If you are a potential lead or existing customer, we may process Personal Data about you in order to send you marketing communications.
• Event attendees: If you register for, attend or take part in our events, webinars or contests hosted by us we will process Personal Data about you in connection with your attendance at the event. For example, we may ask you to complete a registration or feedback form, or other documents relating to the event.
• Personnel that work for our Customers, partners and suppliers (including subcontractors and personnel who work for us as freelancers or contractors). If you (or your organization) are:
  • in receipt of services from us;
  • supply products or services to us; or
  • otherwise partner with us;

We may collect, process and store your Personal Data in connection with our provision of those Services to you, our receipt of those Services from you and/or our partnership. This may include Personal Data included in any email or telephone communications or recorded on any document relating to an order for the Services.

• Job applicants: If you apply for a job with us, whether through our Website or otherwise, we will collect, process and store your Personal Data in connection with your application.
• Shareholders: If you are a shareholder of our Group Companies, we will process your personal data in relation to your investment and for our reporting obligations.

We also make available a Market Place platform where individuals can download applications developed by Bayasoft or by third parties (the “Applications”). This Notice will apply to our processing of your Personal Data during your use of the Applications when the Applications are provided by us, and the Application shall include a link to this Notice. When Applications are provided by a third party, the privacy statement of the relevant third party will apply.

Hosted Data

Some of our Services include processing of data on behalf of our Customers in relation to applications, tools or software that we provide (“Hosted Data”). Save for the limited circumstances set out in this Notice, we are not the data controller of this Hosted Data as we do not determine the purposes or the means of the processing. If you believe your Personal Data is being processed by us in this way you should refer to the privacy notice of the data controller on whose behalf we are acting.

Cloud API

WhatsApp Infrastructure means WhatsApp Enterprise Client deployment which helps communication between users and the Bayasoft platform.

The Client hereby confirms and agrees that upon sharing the data on the WhatsApp infrastructure, all the data shared by the Client in relation to the WhatsApp messaging will now reside on Cloud API's ("Data Residence"), a Meta Product.

It is further understood and accepted that any Client data previously routed & stored on WhatsApp infrastructure i.e. for the purpose of messaging/notification on WhatsApp, the WhatsApp infrastructure shall henceforward be migrated to the data centers which are currently located in North America and European Union via Cloud API service by Meta.

For the purpose of the provision of services under this Agreement, the Client hereby acknowledges that for the WhatsApp infrastructure data localization is not offered by the Company for any such data shared or obtained by the Company in the process of providing the WhatsApp messaging to the Client.

THIRD PARTY SERVICES, THIRD PARTY APPLICATIONS, WEBSITES & SERVICES

Third Party Services shall mean the third party services made available by the Company under the Solution including but not limited to WhatsApp business platforms and the term “Third Party Service Provider” shall mean the provider of such Third Party Services. The Solution may include links to other websites/applications or any of its sub domains or website/applications of any Third Party Service Providers or may display advertisements from such Third Party Service Providers and other content that links to Third Party Services. Such Third Party Services are governed by their respective privacy policies, which are out of our control. Once you leave our servers, use of any information you provide is governed by the privacy policy of the operators of the Third Party Services you are visiting and such policies may differ from this Privacy Policy. If you can't find the privacy policy of any of the Third Party Service Providers, you must contact the relevant website /application of such Third Party Service Providers directly for more information. We shall not be responsible for the privacy practices or the content of such Third Party Services. We shall not be liable for the services provided by the Third Party Service Providers, on the Solution. You shall assume all risks arising out of or resulting from any transaction undertaken by you with such Third Party Service Providers on the Solution and you agree and acknowledge that the Company shall not be responsible or liable for any losses arising out of your usage of such Third Party Services. We may use third party advertising companies to serve ads when you visit the Solution. Please note that any Third Party Services you access as a part of the Solution, may also collect, use and share information about you and your usage. We cannot control how these Third Party Service Providers collect, use, share or secure this information. These Third Party Service Providers who collects, processes, shares, uses, retains your personal and/or usage related information or with whom such information is shared pursuant to contractual obligations shall be solely responsible for such usage and liability, if any.

3. WHAT PERSONAL DATA DOES BAYASOFT COLLECT, HOW DO WE USE YOUR PERSONAL DATA AND WHAT LEGAL BASIS DO WE RELY ON?

4. WITH WHOM DO WE SHARE PERSONAL DATA?

We process Personal Data in the countries in which we are established, including the United States, the United Kingdom and the European Economic Area (“EEA”) and in other countries where third parties that we may use are based.

When processing your Personal Data, we may need to share it with other third parties (including other entities within our Group of Companies), as set out below. This list is non-exhaustive and there may be circumstances where we need to share Personal Data with other third parties:

• With third parties assisting Bayasoft in providing our Customers with the Service(s) (“Sub-Processors” listed here). Our Sub-Processors are given access to Customers’ Account and Service Data only as reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations in their service agreements;
• With third party service providers providing us with services, such as research and analytics, anti-spamming and anti-phishing services, marketing and data enrichment or for them to reach out to you on our behalf;
• For Freshinbox users: with third parties to permit such third parties to provide services that help us to provide our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Services
• With third party payment processors who process your credit card and other payment information for Bayasoft but who are otherwise not permitted to store, retain or use such information;
• With third party partners for the purpose of assisting us in onboarding you and providing any further support needed to use our Services;
• With sponsors of contests for which you register;
• With third-party service providers that are assisting us with the operation and administration of events. If we are running an event in partnership with other organizations, we will share your Personal Data with such organizations for use in relation to the event;
• With third-party social media networks, advertising networks and websites;
• With external recruiters, and related organizations such as third-party providers that undertake employee background checks on our behalf and on behalf of other entities within our Group of Companies;
• With auditors, lawyers, accountants and other professional advisers who advise and assist us in relation to the lawful and effective management of our organization and in relation to any disputes we may become involved in;
• Law enforcement or other government and regulatory agencies and bodies or other third parties as required by, and in accordance with, applicable law or regulation;
• With Affiliates within Bayasoft and companies that we will acquire in the future when they are made part of the Bayasoft group – this may be for customer support, marketing, technical operations, account management or organizational purposes and to provide, enhance and improve the Services;
• If we are involved in a merger, reorganization or other fundamental corporate change with a third party, or sell/buy a business unit to/from a third party, or if all or a portion of our business, assets or stock are acquired by a third party, with such third party including at the due diligence stage;
• Other third parties – Occasionally, we may receive requests from third parties with authority to obtain disclosure of Personal Data, such as to check that we are complying with applicable law and regulation, to investigate an alleged crime, or to establish, exercise or defend legal rights. We will only fulfil requests for Personal Data where we are permitted to do so in accordance with applicable law or regulation.
• When you connect your Gmail mailbox with your Bayasoft Account (see section 14 (Google API Disclosure) below).

Where necessary (such as when we transfer data to service providers) we put in place appropriate contractual arrangements and security mechanisms to protect the Personal Data shared and to comply with our data protection, confidentiality and security standards and obligations. Further details can be provided upon request.

5. INTERNATIONAL TRANSFER OF DATA

When making any transfers of Personal Data from the EEA, Switzerland and the UK to countries which do not have the same data protection laws as the EEA, Switzerland and the UK we will comply with our legal and regulatory obligations in relation to your Personal Data, including having a lawful basis for transferring Personal Data and putting appropriate safeguards in place to ensure an adequate level of protection for the Personal Data. We will take reasonable steps to ensure the security of your Personal Data in accordance with applicable data protection laws.

When transferring your Personal Data outside the EEA, Switzerland and the UK, we will, where required by applicable law, implement at least one of the safeguards set out below:

Adequacy decisions: We may transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the UK and/or European Union authorities. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Model Clauses: Where we use certain service providers we may use specific contracts approved by the UK and/or European Authorities which give Personal Data the same protection it has in the UK and the EEA. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/data- transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

This is true whether or not the transfer is within our group, or to a third party.

With respect to Personal Data received or transferred to the United States, Bayasoft Private Limited. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

With respect to Personal Data subject to LGPD’s jurisdiction, Bayasoft Private Limited. will also accomplish LGPD’s requirements for transfers of Personal Data to countries which do not have the same data protection laws.

In certain situations, Bayasoft Private Limited. and/or its Group Companies may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you can contact us at dpo@bayasoft.in or via postal mail at Bayasoft Private Limited., 2950 S. Delaware Street, Suite 201, San Mateo, CA 94403 at the attention of the Data Protection Officer with a copy to dpo@bayasoft.in.

6. HOW DOES BAYASOFT KEEP PERSONAL DATA SECURE?

We use appropriate technical and organizational measures to protect the Personal Data that we collect and process. We have implemented information security policies, rules and technical measures to protect the Personal Data under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. In addition, all our employees and data processors (i.e. those who process your Personal Data on our behalf) are obliged to respect the confidentiality of the Personal Data of all users of our Website and those who purchase our Services. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data.

While information security risks are always evolving, so are the controls. The controls, so implemented, are periodically reviewed as part of internal and external audits. If you have questions about the security of your Personal Data, please contact us using the details in section 18.

7. EEA, UK AND SWISS SPECIFIC RIGHTS

A) Collected Data (excluding Hosted Data)

If you are an individual resident in EEA, UK or Switzerland, you have the following data protection rights regarding Collected Data:

If you wish to exercise any of the following rights in relation to your Personal Data (hereinafter referred to as a “Request”), you can do so at any time by contacting us using the details in section 18:

B) Hosted Data

As explained above, some of our Services including processing data on behalf of our customers in relation to Applications, tools or software that we provide. Save for the limited circumstances set out in this Notice, we are not the Data Controller of this Hosted Data as we do not determine the purposes or the means of the processing.

If you wish to access, correct, update, modify or delete Hosted Data or if you would no longer like to be contacted by one of our Customers you should direct your query to the Customer, who is the Data Controller of your data. If requested by the Customer to action a Request, we will respond within a reasonable timeframe.

If you are a Customer of our Services and wish to raise a Request on behalf of data subjects in connection with Hosted Data, you may raise a ticket on the support portal of the relevant Service. Please note that if a Customer has subscribed to more than one Service, a Request on a particular Service support portal is specific to that Service only and separate Requests need to be raised across other relevant Service support portals.

8. CALIFORNIA-RESIDENT SPECIFIC RIGHTS

Your California Privacy Rights; “Shine the Light” Law

California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year. We do not share your personal information with third parties for those third parties’ direct marketing purposes.

California Consumer Privacy Act

To the extent you are a ‘consumer’ as defined under the California Consumer Privacy Act of 2018 (“CCPA”) and Bayasoft is a ‘business’ as defined under CCPA, the following applies to you:

Under the CCPA, “personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Subject to the provisions of the CCPA, consumers have the rights to receive certain disclosures regarding the collection, use, and disclosure of information about them, as well as rights to know/access, delete, correct, and limit the use and disclosure of sensitive personal information and opt out of the sale or sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.

Notice at Collection Regarding the Categories of Personal Information Collected

You have the right to receive notice of certain information about our data collection, use, and disclosure. Bayasoft does not sell personal information as defined by the CCPA. The following table summarizes the categories of personal information we may collect that may be disclosed to service providers. Bayasoft does share personal information (as defined by the CCPA) as explained below the following table. The categories we use to describe personal information are those enumerated in the CCPA.

We may collect this personal information for the purposes described in the section above titled ‘WHAT PERSONAL DATA DOES BAYASOFT COLLECT, HOW DO WE USE YOUR PERSONAL DATA AND WHAT LEGAL BASIS DO WE RELY ON.’

We may share the categories of Identifiers, Geolocation Information (coarse location only), and Internet or Electronic Network Activity Information as described above with advertising partners.

We determine the retention period for each of the categories of personal information listed above based on (1) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (2) any legal or regulatory requirements applicable to such information, (3) internal operational needs, and (4) any need for the information based on any actual or anticipated investigation or litigation.

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. We restrict service providers from using personal information for any purpose that is not related to our engagement.

We may disclose personal information that we collect or that you provide as described in this privacy notice:

• To our affiliates, subsidiaries, and other Bayasoft companies.
• To the following categories of service providers who are bound by law and contractual obligations to keep your personal information confidential. Service providers may use information that we share with them only for the purposes for which we disclose it to them and as otherwise permitted by law.
  • Payroll services providers that assist us in calculating and disbursing your salary and other compensation.
  • Auditing and accounting firms, such as firms that assist us in the creation of our financial records.
  • Professional services consultants, such as firms that perform analytics, assist with improving our business, provide legal services, or supply project-based resources and assistance.
  • Recruitment vendors that assist with the application process, including assessing candidate qualifications and providing the platform through which candidates submit their candidacy.
  • Analytics services, including entities that analyze traffic to and on our website and assist with identifying and communicating with potential customers.
  • Security vendors, such as entities that assist with security incident verification and response, service notifications, and fraud prevention.
  • IT vendors, such as entities that assist with website design, hosting and maintenance; data and software storage; and network operation.
• To other external parties when required by law or to protect Bayasoft or other persons, as described in this privacy notice.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Bayasoft’ assets or capital stock, whether as a going concern or as part of bankruptcy, liquidation or a similar proceeding, in which personal information held by Bayasoft about our employees, workers and contractors is among the assets transferred. If this happens, the recipient of the personal information will continue to honor the promises made in this privacy notice, or else provide you notice of any changes.

Your rights under the CCPA

Know and request access to and correction and deletion of personal information: You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with to whom we sell or disclose it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you or correct information that we have collected about you.

Right to opt out of selling/sharing personal information: You have the right to opt out of the sale of your personal information to, and the sharing of your personal information with, third parties. Please note that the right to opt out does not apply to our sharing of data with service providers, who are parties we engage to perform a function on our behalf and are legally and contractually obligated to use the data only for that function.

In case you would like to exercise this right please go here.

Right to limit the use and disclosure of sensitive personal information: You have the right to limit the use and disclosure of sensitive personal information that we use to infer characteristics about you. If you exercise this right, we may still use and disclose sensitive information about you for limited purposes.

Colorado, Connecticut, Utah, and Virginia

Residents of the States of Colorado, Connecticut, Utah, and Virginia have the following rights:

• Opt out of “sales” of personal information and use of their personal information for “targeted advertising,” as those terms are defined under applicable law.
• Opt out of “profiling” under certain circumstances, as defined under applicable law. (Residents of Colorado, Connecticut, and Virginia only.)
• Confirm processing of and access to personal information under certain circumstances.
• Correct personal information under certain circumstances. (Residents of Colorado, Connecticut, and Virginia only.)
• Delete personal information under certain circumstances.

Residents of these states can exercise their rights by contacting us using one of the methods listed below.

How to submit an opt-out, access or deletion request:

If you seek to exercise the foregoing rights to access, correct, or delete Personal Information, please contact us at dpo@bayasoft.in or write to us here. We respond to all requests we receive from you wishing to exercise your rights within a reasonable timeframe in accordance with applicable data protection laws. By writing to us, you agree to receive communication from us seeking information from you in order to verify you to be the consumer from whom we have collected the Personal Information and such other information as reasonably required to enable us to honor your request.

If you are a resident of California, Colorado, or Connecticut, you may, under certain circumstances, authorize another individual or a business, called an authorized agent, to make requests on your behalf. (Authorized agents in California must be registered with the California Secretary of State.) The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access, correction, or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

Appeals

Residents of Colorado, Connecticut, and Virginia have the right to appeal a denial of their request by contacting us as described in the notice of denial.

9. LGPD

The LGPD grants control and self-determination to data subjects and provides compliance responsibilities for organizations such as Bayasoft in regard to personal data whose data subject is located within Brazilian territory at the moment of data collection or to any offering or providing of goods or service for individuals located within Brazilian territory. The LGPD gives national regulators powers to impose significant fines and indemnification liabilities on organizations that breach this law. All content of this notice and Bayasoft’s processing of personal data are in strict compliance with LGPD, where applicable. At Bayasoft we take a global approach to ensure all members benefit from increased control and clarity, which is in line with our commitment to putting our Customers first and working every day to maintain the trust they put in us.

LGPD grants the following rights to those individuals subject to its jurisdiction:

10. OPTING OUT PROCEDURE

If you no longer wish to receive marketing communications from Bayasoft, you may click on the “unsubscribe” link located on the bottom of our marketing emails or you can contact us at support@bayasoft.in. When using our Mobile Applications, you also have the option to turn off push notifications.

If you would like to object to the use of your Personal Data for analytics, you can contact us at support@bayasoft.in

To opt out of the use of cookies, please see update your preferences here. 

11. OTHER COMMUNICATIONS

If you are our Customer, we will send you announcements (email or in product notifications related to the Services) on occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an e-mail. Generally, you may not opt-out of such communications as they are a key part of delivering our Services to you effectively. If you do not wish to receive them, you may deactivate your Account.

12. RETENTION OF PERSONAL DATA

We will retain Personal Data only as long as is necessary for the purposes for which it is collected, as set out in this Notice. We will also retain it as necessary to comply with our legal obligations, for legal and litigation purposes, to maintain accurate financial and other records, deal with complaints, and enforce our agreements.

Generally, in respect of Personal Data that we process in connection with the supply of our Services, we may retain your Personal Data for up to six years from the date of supply of the relevant Services and in compliance with our data protection obligations. We may then destroy such files without further notice or liability.

Where we process any other Personal Data, we will generally retain relevant Personal Data for up to three years from the date of our last interaction with you (and in compliance with our data protection obligations). We may then destroy such files without further notice or liability.

If any Personal Data is only useful for a short period (e.g., for a specific activity, promotion or marketing campaign), we will not retain it for longer than the period for which it is used by us. If you have opted out of receiving marketing communications from us, we will need to retain certain Personal Data on a suppression list indefinitely so that we know not to send you further marketing communications in the future. However, we will not use this Personal Data to send you further marketing unless you subsequently opt back in to receive such marketing.

Should you apply to work for us, we will retain data from your application for a limited period for record keeping and legal purposes. We may (subject to laws in your jurisdiction) also retain your data in order to contact you if a role arises for which we think you would be suitable. Further information about this will be provided during the application process and we will ask for consent where necessary according to local law.

The above examples may vary in some cases due to local laws, liability periods and mandatory retention requirements. For example, if certain information needs to be retained for longer according to local laws, regulations or because different legal limitation periods apply, then we will keep the Personal Data for these longer periods.​​

13. LINKS TO THIRD PARTY SITES

Our Websites contain links to other websites that are not owned or controlled by Bayasoft. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Websites and to read the privacy policies of each and every website that collects Personal Data.

14. GOOGLE API DISCLOSURE

Bayasoft has developed a functionality that allows its customers to connect their Gmail mailbox using Oauth with our products. Connecting your Gmail mailbox to your Bayasoft account allows Bayasoft to associate your account with your personal information on Google, to see your personal information, including any personal information you have made available, to view your email address and access your emails in order to create them as a ticket in our products, and to transmit the Service Data to third-party applications listed on Bayasoft’ Marketplace that you integrate with your Account. The connection will further allow you to respond to your emails directly from our product and to delete them once they are fetched into our product.

Bayasoft’s use of information received from Google APIs will adhere to Google API Services User Data Policy’s App’s, including the Limited Use requirement.

15. CHILDREN’S PERSONAL DATA

Bayasoft does not knowingly collect any Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through our Websites or Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Notice by instructing their children never to provide Personal Data through our Services or Websites without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through our Websites or Services, please contact us using the details in section 18 and we will endeavor to delete that information and terminate the child’s account from our databases.

16. AMENDMENTS

Amendments to this Notice will be posted to this URL and will be effective when posted. If we make any material changes, we will notify you by means of a conspicuous notice on this Website or via e-mail or via in-product notification, but we encourage you to review this Notice periodically to keep up to date on how we use your Personal Data. You should frequently visit this Notice to stay fully informed. Your continued use of our Websites or the Service(s) following the posting of any amendment, modification, or change to this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue use of the Websites or Service(s), if you do not accept the terms of this Notice, or any modified version of this Notice.

17. EFFECT OF MERGER OR ACQUISITION

In the event Bayasoft goes through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, Customers’ Accounts, Collected Data and Service Data will likely be among the assets transferred. A prominent notice will be displayed on our Websites to notify you of any such change in ownership or control and Customers will be notified via an e-mail.

18. CONTACTING BAYASOFT

If you have any questions about this Privacy Notice or our privacy practices, you can contact us at dpo@bayasoft.in or via postal mail at Bayasoft Private Limited., 2950 S.Delaware Street, Suite 201, San Mateo, CA 94403 at the attention of the Data Protection Officer with a copy to dpo@bayasoft.in.

Annex 1 – Definitions

“Controller“, “Data Subject“, “Personal Data Breach”, “Processor” and “Process” shall have the meaning given to them in the GDPR or other applicable law.

“Affiliate”: means, with respect to a Bayasoft entity, any entity that directly or indirectly controls, is controlled by, or is under common control with such Bayasoft entity, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.

“API”: means the application programming interfaces developed, enabled by, or licensed to Provider that permits a User to access certain functionality provided by the Service(s).

“Apps”: mean the software applications listed on the Market Place which are created, developed, licensed, or owned by third-party developers. The term also includes any updates, upgrades and other changes to such software applications and versions thereof.

“Documentation”: means any published data sheet provided by Bayasoft detailing the functionalities of the Software.

“GDPR” shall mean the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, and any legislation relating to the processing of personal data effective in the UK and/or Switzerland that is intended to replicate or maintain some or all of the provisions, rights and obligations set out in Regulation (EU) 2016/679, as relevant.

“LGPD” means “Lei Geral de Proteção de Dados Pessoais”, which corresponds to the Brazilian data protection law no. 13.709/2018.

“Market Place”: means an online marketplace for Apps that interoperate with the Service(s). Its Website(s) is https://www.bayasoft.in/apps/.

“Mobile Applications”: mean the software applications created, developed, and owned by Bayasoft to enable access and use of the Service(s) through mobile or other handheld devices (such as apps on iOS or Android devices).

“Personal Data” shall mean any information relating to an identified or identifiable natural person as defined by the General Data Protection Regulation of the European Union (“GDPR” EC-2016/679).

‘Processing”/“To Process”: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

“Service Data“: means all electronic data, text, messages or other materials, including without limitation Personal Data of Users and End-Users, submitted to the Service(s) by Customer through Customer’s Account in connection with Customer’ use of the Service(s).

“Service(s)”: mean and include Bayadesk and/or any new services that Provider may introduce as Service(s) to which Customer may subscribe to and any Updates, modifications or improvements to the Service(s), including individually and collectively, Software, the API and any Documentation, but exclude any Apps or APIs that belong to third parties. Software: means software provided by Bayasoft (either by download or access through the internet) that allows Customer to use any functionality in connection with the Service(s) and includes Mobile Application(s), but excludes any Apps or APIs that belong to third parties.

“User”: means an individual who is authorized by Customer to use the Service(s) including an Account administrator, employees, consultants, contractors, and agents of Customer, and third parties with which Customer transacts business.