Privacy Policy

Effective Date: 24/02/2022

Last updated on: 24/02/2022

1. GENERAL
   1. At NICOYA, accessible from Nicoya website, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information collected and recorded by NICOYA and how we use it.
   2. This Privacy Policy outlines NICOYA's ("NICOYA", "we," “our,” or "us") practices concerning the collection, use, retention, storage, and disclosure of your Personal Information through our website, 'nicoya.in', and our social media pages (for example, Instagram, Twitter, Facebook, and LinkedIn and any other website on which this Privacy Policy is posted) ("Sites") and when you otherwise contact or interact with us.
   3. This Privacy Policy may be updated periodically to reflect changes to our personal information practices. We strongly encourage you to often refer to the Privacy Policy for the latest information about our personal information practices.


2. DEFINITIONS
   1. "Personal Information" means information about you as an identifiable individual. This includes your name, home address, telephone number, personal e-mail address, and personal social media addresses. Your business address, title, and business telephone number are not Personal Information when used to contact you for business purposes.
   2. "Service Providers" means other companies and individuals who provide us with services but who are not our employees.
   3. “Creators” means social media celebrities and content creators.
   4. “Marketers” means brands, advertisers, and marketing agencies.
      “Campaign” means a sponsored marketing campaign.


3. COLLECTION AND USE OF PERSONAL INFORMATION

   We collect personal information when you interact with us. For example, we may collect Personal Information when you:

   • Visit our Sites;
   • Create an account on our Sites;
   • Participate in a Campaign;
   • Sign up to receive promotional communications;
   • Participate in one of our contests, surveys, or promotions;
   • Apply for employment at NICOYA; and
   • Contact and/or otherwise interact with us with a comment, question, or complaint.

   We suggest exercising caution while disclosing any Personal Information when using certain services, especially the ones which might be accessible by other NICOYA users.

   USE OF COOKIES & AUTOMATED INFORMATION

   
   

   When you visit or interact with our Sites, our Service Providers and we may use technologies that automatically collect information about how you access, navigate and leave our Sites. For example, we will collect information on what other website you came from before visiting the Sites, what browser type and operating system you are using, the internet protocol (IP) address you are accessing the Sites from, the average time spent on the Sites, the pages you are navigating through and what website you go to after visiting our Sites. In general, we do not associate this type of information with other Personal Information about you except in the case of an investigation into our website security. We use the information to understand better and improve our Sites, including to determine how many visitors visit areas of our Sites, how long they remain on our Sites, whether they use the hyperlinks we provide, and for other marketing purposes.
   
   Cookies are data that are stored on the device you use to access our Sites. These cookies may be used to remember your preferences and to facilitate your navigation of our Sites. We may also use web beacon technologies (sometimes referred to as pixel tags and clear GIFs). Although the information we collect through cookies and web beacons is typically not combined with data that would identify you, there is the potential for this information to be associated with you. Therefore, we treat it as Personal Information. You may set your Web browser to notify you when you receive a cookie or not to accept certain cookies. However, if you decide not to accept cookies from our Sites, you may not be able to take advantage of all the features of our Sites.
   
   Our Sites use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us analyze how users use the Sites. The information generated by the cookie about your use of the Sites (including your IP address) will be transmitted to and stored by Google on servers in India. Google will use this information to evaluate your use of the Sites, compiling reports on Site activity, and providing other services relating to Site activity and internet usage.
   
   Google may also transfer this information to:
   
   Third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You can prevent the storage of data relating to your use of the Site and create via the cookie (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: Google Analytics. You can also obtain additional information on Google Analytics' collection and processing of data and data privacy and security at the following links: Google Analytics.

4. CREATING AN ACCOUNT

   You do not have to create an account to visit and browse certain features of our Sites, such as to view our Search and Discovery Engine for Creators (with limited data outputs) or samples of past marketing campaigns. However, to access certain features on our Sites, you must create an account and provide certain information.

5. CREATORS

   If you are a Creator, you will be asked to provide information such as your email address, first and last name, gender, telephone number, date of birth, the city you are located in, a password for your NICOYA account, Instagram username or link to your Instagram and other social media accounts, and base rates for posting and creating content on Instagram. In addition, we collect personal information such as the number of followers, your profile description and your image, depending on the social media service's application programming interface (“API”) and your settings for that service. While you continue to authorize us to access your social media data through such a service, we will periodically retrieve new data to update your profile. We use this information to administer your account, better understanding your actual or potential target audience, and connecting you with Marketers.
   
   Once you're a creator on NICOYA, certain Personal Information of yours will be made available to Marketers who have created accounts with NICOYA so they can determine your suitability for Campaigns. This information includes your name, city, and information about your social media account(s) and related statistics.

6. SECURITY

   We utilize industry-standard encryption technologies when transferring and receiving user data exchanged with our site. We also have adequate security measures at our physical facilities to protect and retain information collected from you at our site.

7. MARKETERS

   If you are a Marketer, you will be asked to provide your email address, first and last name, telephone number, the name of the organization you work for, and a password. Should you decide to submit a proposal for a new campaign, you will be asked for further information relating to the brand to be promoted, including the name, any marketing challenges associated with the brand, and your major competitors.

8. CAMPAIGNS

   Suppose you are a Creator and you participate in a Campaign. In that case, we will collect certain information from you, including your name, shipping address, date of birth, email address, payment details (e.g., direct deposit information), and social media handle. This information is used to assist us in facilitating your participation in the Campaign, such as shipping products to you and paying you for completed Campaigns.

9. Email and other Communications

   We may offer you the ability to sign up to receive NICOYA marketing and promotional communications through our Sites. If you sign-up, we collect certain Personal Information (such as first and last name and email address), which we use to send you emails and other communications containing NICOYA updates, tips, and other content that may be of interest to you. You can opt-out of receiving promotional emails from us by following the opt-out or “unsubscribe” instructions in your email or other messages, or by contacting us as set out below. Please note that you may continue to receive transactional and account-related electronic notifications from us or legal notices.
   
   General Counsel
   Richa Goyal and Associates
   302 A ITC Building
   Majura Gate, Ring road
   Surat
   Email – contact@goyalricha.com

10. Contests, Surveys, and Promotions

    We may offer you the opportunity to participate in one of our surveys or other customer research from time to time. We use this information to help us learn about our Creators and Marketers to improve our Sites and enhance and develop our service offerings.
    
    When you enter a contest or participate in a promotion, we may collect your name, address, email address, and other information you provide. We use this information to administer your participation in the contest or promotion. In addition, at the time you enter the contest or promotion, we may obtain your consent to send you future promotional communications.

11. Employment at NICOYA

    In connection with a job application or related inquiry regarding potential employment with NICOYA, you may provide us with certain Personal Information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information to process and respond to your application for current and future career opportunities.

12. Customer Service

    When you contact us with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, product and service offerings, and events and promotions.

13. Children and Minors

    The Sites are not directed to or suitable for individuals under the age of majority in the jurisdiction in which they reside. If a minor uses the sites, NICOYA suggests that they do so under the supervision of a person who is above the age of majority in the jurisdiction in which they reside. The said major shall bear responsibility for appropriate use of the site via the minor and shall be responsible for making decisions on behalf of the said minor user.

14. How we obtain your consent

    Creators consent to the collection, storage, and use of your Personal Information when you provide it to us, or provide it to a third party, such as social media sites, and give the third-party permission to send that information to us or for us to access it. The purposes for collecting Personal Information that you provide to us will be stated or implicit in the context in which you gave it to us or a third party acting on our behalf. If we want to make additional use of your Personal Information, we will ask you for your consent. For example, if you provide us with your e-mail address when you inquire, we obtain your implied consent to use it to respond to your inquiry. In addition, we may ask you for your consent to use your e-mail for other purposes, such as adding you to our newsletter list.

15. How we share your information

    We will not disclose, trade, rent, sell or otherwise transfer your Personal Information, without your consent, except as set out herein. Whereas we may, from time to time, provide information of a general nature to third parties - for example, the number of individuals visiting our website or completing a registration form, we will not use any information that could identify those individuals.

16. Service Providers providing services to us or on our behalf

    Our Service Providers provide services to us and may provide services to you on our behalf. We may share your Personal Information or information collected through automated means on our Sites with our Service Providers. For example, our Service Providers may host our Sites, analyse data collected from our Sites, provide customer service on our behalf, administer our promotions, provide marketing or promotional assistance, post our advertisements, and collect your feedback on our Sites and advertisements. Your Personal Information may be maintained and processed by Service Providers in India or other jurisdictions.

17. Aggregated or de-identified information

    We may share information in aggregated statistics and de-identified form with third parties for marketing and analytics purposes.

18. Business Mergers or Acquisitions

    We may transfer any information about you as an asset in connection with a proposed or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of NICOYA or as part of a corporate reorganization or other change in corporate control.

19. Other legally required or permitted disclosures

    NICOYA and our Service Providers may provide your Personal Information in response to a search warrant or other legally valid inquiry or order or to an organization in the case of a breach of an agreement or contravention of law, including lawful access by Indian courts, law enforcement or other government authorities. We may also disclose your Personal Information in the following circumstances:
    

    1. ) if such disclosure is necessary for us to receive legal advice;
    2. ) to collect a debt from you;
    3. )if we are required to disclose your Personal Information in order to comply with any legal obligation or the decision of a judicial authority;
    4. ) if disclosure is requested by an investigatory body, law enforcement official or governmental authority which has lawful authority to request the disclosure of the information in respect of an investigation;
    5. ) if we have reasonable grounds to believe that the information relates to a breach of an agreement or contravention of a law;
    6. ) where necessary for the establishment, exercise or defence of legal claims;
    7. ) to detect, suppress or prevent fraud;
    8. ) to investigate or prevent actual or suspected loss or harm to persons or property; or
    9. ) where we are otherwise permitted or required to do so by applicable Indian or other law.

20. How we store and protect your Personal Information

    We retain your Personal Information for as long as necessary to fulfil the purposes for which it was collected and otherwise required to meet valid legal and business requirements. We maintain and also require our Service Providers to maintain administrative, technical, and physical safeguards to protect against the loss, misuse, or unauthorized access, disclosure, alteration, or destruction of your Personal Information. For example, we limit access to staff, employees, Service Providers who need to have access to it for the purposes for which it was collected and who have acknowledged their obligations to protect your Personal Information.
    If you are located in a country outside of India, please be aware that information we collect may be transferred to and processed to India and other countries in which our Service Providers have operations and will be subject to the laws of those jurisdictions, which may be different from your residing country’s laws.

21. Links to external content

    Our Sites may link or direct you to other websites, services, or external content resources outside of our control. Once you have left our Sites, we cannot safeguard and are not responsible or liable for the protection and privacy of any Personal Information you provide on other websites. These other websites may send their cookies to your device and independently collect data or solicit Personal Information. Please review the applicable terms of use and privacy policies for those other websites.

22. Accessing your Personal Information

    If you wish to access, correct, or update any of your Personal Information in our records or custody and control, you may do so by contacting us at the address listed below in "How to Contact Us."
    
    Please note that we may request Personal Information from you to authenticate your identity before providing you with access to your Personal Information or complying with any request to correct or update your Personal Information.
    
    Please also note that in some cases, we may legally deny you access to certain information per applicable law, such as where the information is subject to solicitor-client privilege or consists of Personal Information about another individual or proprietary information that cannot be severed.

23. How to contact us

    If you have any questions or comments about this Privacy Policy or the way we or our Service Providers treat your Personal Information, please contact us at:
    
    Privacy Officer
    
    hello@nicoya.in
    
    NICOYA
    C/O Gemius Design Studio
    M97, Someshwara Enclave,
    Vesu, Surat - 07
    
    E-mail: hello@nicoya.in