Privacy Policy
of
NEURON ENERGY PRIVATE LIMITED
(CIN: U31909MH2022PTC388295)
This Privacy Policy ("Policy") is issued by Neuron Energy Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered/corporate office at Level 2, Level 3 & Level 5, Sai Heritage, Tilak Road, Ghatkopar (East), Mumbai – 400 077, Maharashtra (hereinafter referred to as the "Company", "Neuron", "we", "us" or "our", which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors and permitted assigns), in compliance with the provisions of Section 43A of the Information Technology Act, 2000 ("IT Act") read with Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("Rules").
This Policy sets out the manner in which the Company collects, uses, holds, processes and discloses personal information and sensitive personal data or information obtained from users of its website at www.neuronenergy.in (the "Website"), and in connection with its business of manufacture, sale, leasing and servicing of lithium-ion batteries and allied energy storage solutions, including enquiries received through the Website, the onboarding of customers, dealers and distributors, battery leasing arrangements, applications for employment, and after-sales service and warranty support.
It is clarified that this Policy has been prepared with reference to the Rules, being the extant regulatory framework governing the protection of sensitive personal data or information in India as on the date hereof. Upon the substantive provisions of the Digital Personal Data Protection Act, 2023 being brought into force, the Company shall review this Policy and effect such amendments thereto as may be necessary to ensure continued compliance with applicable law.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Policy, unless the context otherwise requires, the following expressions shall bear the meanings assigned to them below:
a) "Company", "Neuron", "we", "us" or "our" means Neuron Energy Private Limited (CIN: U31909MH2022PTC388295);
b) "Personal Information" means any information relating to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying such person;
c) "Sensitive Personal Data or Information" or "SPDI" has the meaning assigned to such expression under Rule 3 of the Rules and includes information relating to: (i) passwords; (ii) financial information, including bank account, credit card, debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) biometric information; and (vii) any information received by the Company in relation to the foregoing for the provision of services or under a lawful contract, PROVIDED THAT information freely available or accessible in the public domain, or furnished under the Right to Information Act, 2005, shall not constitute SPDI;
d) "Services" means the products and services offered by the Company, including the manufacture, sale, leasing and servicing of lithium-ion batteries and energy storage solutions;
e) "User", "you" or "your" means any person who accesses the Website, avails of the Services, or otherwise furnishes Personal Information or SPDI to the Company; and
f) "Website" means the Company's website at www.neuronenergy.in, together with any successor or associated domain.
1.2 The headings used in this Policy are for convenience of reference only and shall not affect its construction. Words importing the singular include the plural and vice versa, and words importing any gender include every gender.
2. APPLICABILITY
2.1 This Policy governs the collection, use, storage, processing, transfer and disclosure of Personal Information and SPDI obtained by the Company from Users through (a) the Website, including its "Contact Us" form and its "Sales Enquiry" electronic mail address (sales@neuronenergy.in); (b) the onboarding and account management of customers, dealers, distributors and battery leasing account holders; (c) the "Careers" form on the Website and applications for employment received otherwise; (d) the registration of service and hardware complaints through the Company's toll-free helpline; and (e) diagnostic data transmitted from the Company's Bluetooth-enabled batteries and Battery Management Systems (“BMS”).
2.2 By accessing the Website, availing of the Services, applying for employment, or otherwise furnishing Personal Information or SPDI to the Company, a User signifies acceptance of this Policy. A User who does not accept this Policy is advised not to use the Website or avail of the Services.
2.3 The User's access to and use of the Website is additionally governed by the Terms of Use annexed hereto as Annexure A
3. INFORMATION COLLECTED
3.1 Website and Enquiry Data – the name, telephone number, electronic mail address, product of interest and message content submitted by a User through the Website's "Contact Us" form, or communicated by a User directly to the Company's "Sales Enquiry" electronic mail address (sales@neuronenergy.in), together with technical information such as Internet Protocol address, browser type and device information.
3.2 Customer, Dealer and Leasing Data – in connection with the sale, dealership, distribution or leasing of its products, the User's name, business name, designation, Goods and Services Tax and Permanent Account Number details, billing and shipping address, bank account and payment instrument details (being SPDI), executed agreements, and product or battery serial numbers and transaction history.
3.3 Employment Data – the name, contact details, curriculum vitae, educational qualifications, employment history and references of persons applying for employment with the Company through the Website's "Careers" form or otherwise.
3.4 Service Data – the name, contact number, product or battery serial number, description of complaint and service history of Users registering a complaint through the Company's toll-free helpline (1800-102-2139).
3.5 Device and Diagnostic Data – battery performance data transmitted by the Company's Bluetooth-enabled batteries and BMS, including charge and discharge cycles, state of charge, state of health, fault codes and, where enabled, approximate location data, for the purposes of remote diagnostics and repair.
3.6 Aadhaar Information – where an employee or prospective employee furnishes a copy of their Aadhaar card or Aadhaar number for identity verification or background checks, the Company shall, in accordance with the Aadhaar (Sharing of Information) Regulations, 2016: (a) obtain the specific consent of such individual prior to collection, after informing them of the purpose of collection; (b) inform such individual whether furnishing Aadhaar information is mandatory or voluntary, and where mandatory, the legal provision requiring the same; and (c) offer a reasonable alternative means of identity verification where an individual does not wish to furnish Aadhaar information.
4. MODE OF COLLECTION
4.1 The Company collects Personal Information and SPDI (a) directly from the User, upon submission of the "Contact Us" or "Careers" form, correspondence addressed to the Company's "Sales Enquiry" electronic mail address, execution of agreements, or registration of complaints; (b) automatically, through cookies deployed on the Website and diagnostic data transmitted by the Company's products; and (c) from third parties, including dealers, distributors, payment gateways, banks and background verification agencies engaged by the Company.
5. PURPOSE OF COLLECTION AND USE
5.1 The Company collects and uses Personal Information and SPDI for the purposes of (a) responding to enquiries and providing quotations; (b) processing purchase orders, dealership and distributor onboarding, and leasing applications, including verification under applicable know-your-customer requirements; (c) registering products and administering warranty and after-sales service, including remote diagnostics; (d) monitoring the performance and safety of batteries supplied by the Company; (e) evaluating applications for employment; (f) complying with the Company's obligations under applicable law, including accounting, taxation and corporate law; (g) the prevention and detection of fraud; (h) transmitting service and product updates and, where the User has not opted out, marketing communications; and (i) improving the Company's products, Website and Services.
6. CONSENT
6.1 Where the Company collects SPDI directly from a User, such SPDI shall be collected only upon obtaining the consent of the User, in writing or by electronic means, as to the purpose of usage thereof, in accordance with Rule 5(1) of the Rules.
6.2 A User may decline to furnish the Personal Information or SPDI sought by the Company, or withdraw consent previously furnished, by addressing a communication in writing to the Grievance Officer named in Clause 16, PROVIDED THAT the withdrawal of consent, or the refusal to furnish information necessary for the provision of a particular Service, shall entitle the Company to decline to provide such Service.
7. DISCLOSURE OF INFORMATION
7.1 Save as provided in Clause 7.2, the Company shall not disclose SPDI to any third party without the consent of the User to whom such SPDI relates.
7.2 Notwithstanding Clause 7.1, the Company may disclose Personal Information and SPDI (a) where necessary for the performance of a lawful contract with the User, including to dealers, logistics partners, payment processors and service partners engaged for the fulfilment of an order, warranty claim or leasing arrangement; (b) to government agencies mandated under law to obtain such information for the verification of identity, or for the prevention, detection, investigation or prosecution of offences; (c) pursuant to an order of a court or other authority of competent jurisdiction; and (d) to the Company's professional advisors, or in connection with a merger, acquisition, restructuring or sale of the Company's business or assets, subject to confidentiality undertakings.
7.3 A government agency or third party receiving information under Clause 7.2 shall not publish or further disclose such information, save as permitted by law. The Company does not sell Personal Information or SPDI to third parties for their independent marketing purposes.
8. TRANSFER OF INFORMATION
8.1 The Company may transfer Personal Information and SPDI to another body corporate or person, whether in India or in any other jurisdiction, only where such transfer is necessary for the performance of a lawful contract between the Company and the User, or where the User has consented to such transfer, PROVIDED THAT the transferee ensures the same level of data protection as is adhered to by the Company under this Policy.
9. RETENTION
9.1 The Company shall retain Personal Information and SPDI only for so long as is necessary to fulfil the purposes set out in this Policy, including the applicable warranty period, and to comply with its record-keeping obligations under applicable law, following which such information shall be securely deleted, destroyed or anonymised, save where continued retention is mandated by law.
10. SECURITY PRACTICES AND PROCEDURES
10.1 In accordance with Rule 8 of the Rules, the Company has implemented reasonable security practices and procedures, comprising managerial, technical, operational and physical safeguards commensurate with the information assets sought to be protected, benchmarked to IS/ISO/IEC 27001 or a comparable standard, including access controls, encryption of sensitive information, and confidentiality obligations binding upon the Company's personnel and service providers.
10.2 Notwithstanding Clause 10.1, no method of transmission over the internet, or of electronic storage, is entirely secure, and the Company does not warrant the absolute security of Personal Information or SPDI furnished to it.
11. COOKIES
11.1 The Website employs cookies and similar tracking technologies for the purposes of operating the Website, remembering User preferences and analysing usage patterns. A User may disable cookies through the settings of the User's browser, PROVIDED THAT such action may affect the functionality of the Website.
12. RIGHTS OF THE USER
12.1 In accordance with Rules 5(6) and 5(7) of the Rules, a User shall be entitled to (a) review the Personal Information and SPDI furnished by such User to the Company; (b) request the correction or amendment of any information found to be inaccurate or deficient, save where such information forms part of the record of a completed lawful transaction; and (c) withdraw consent to the collection or use of SPDI, subject to Clause 6.2.
13. MINORS
13.1 The Services are intended for use by persons who have attained the age of eighteen years. The Company does not knowingly collect Personal Information or SPDI from persons below the age of eighteen years without the consent of a parent or lawful guardian and shall, upon becoming aware of any such inadvertent collection, take steps to delete the same.
14. THIRD PARTY WEBSITES
14.1 The Website may contain links to third party websites and social media platforms. The Company shall not be responsible for the privacy practices or content of such platforms, and Users are advised to review the privacy policies of such platforms independently.
15. DATA SECURITY INCIDENTS
15.1 In the event of a breach of security resulting in unauthorised access to, or disclosure of, Personal Information or SPDI likely to cause harm to a User, the Company shall take reasonable steps to investigate and mitigate such breach and to notify affected Users and, where required under applicable law, the appropriate regulatory or law enforcement authority.
15.2 In accordance with the Cyber Security Directions issued by the Indian Computer Emergency Response Team ("CERT-In") on 28 April 2022 under Section 70B(6) of the IT Act, the Company shall (a) synchronise its information and communication technology system clocks with the NTP servers of the National Informatics Centre or the National Physical Laboratory; (b) maintain a designated point of contact for CERT-In; (c) maintain logs of its information and communication technology systems for a rolling period of 180 days; and (d) report any cyber security incident specified under the said Directions to CERT-In within six hours of noticing such incident.
16. GRIEVANCE OFFICER
16.1 In accordance with Rule 5(9) of the Rules, the Company has designated the following person as its Grievance Officer for the redressal of grievances relating to the processing of Personal Information and SPDI:
Name: Manjula Pant
Designation: Head – HR & Corporate Affairs
Address: Level 5, 505, Sai Heritage, Tilak Road, Above Axis Bank, Ghatkopar (East), Mumbai – 400 077
Electronic mail: manjula@neuronenergy.in
Telephone: 9819832303
16.2 The Grievance Officer shall acknowledge every grievance without undue delay and shall endeavour to redress the same within one month of its receipt.
17. AMENDMENT
17.1 The Company reserves the right to amend this Policy at any time and shall publish the amended Policy on the Website together with the date on which it was last revised. Continued use of the Website or the Services following any such amendment shall constitute acceptance of the Policy as amended.
18. GOVERNING LAW AND JURISDICTION
18.1 This Policy shall be governed by, and construed in accordance with, the laws of India. The courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute arising out of, or in connection with, this Policy.
19. CONTACT
19.1 Any query concerning this Policy or the Company's data practices may be addressed to:
Neuron Energy Private Limited
Level 5, 505, Sai Heritage, Tilak Road, Above Axis Bank, Ghatkopar (East), Mumbai – 400 077 Electronic mail: manjula@neuronenergy.in
Telephone: 9819832303
ANNEXURE A: TERMS OF USE
1. Acceptance: By accessing or using this Website, the User agrees to be bound by these Terms of Use ("Terms"), read together with the Company's Privacy Policy. If a User does not agree to these Terms, such User is advised not to use the Website.
2. Nature of Content: The information on the Website, including product specifications, pricing indications, and technical claims, is provided for general informational purposes only and does not constitute a binding offer. Any purchase, dealership or leasing arrangement shall be governed by a separately executed agreement between the User and the Company.
3. Intellectual Property: All content on the Website, including text, graphics, logos, trademarks and images, is the property of the Company or its licensors and is protected under applicable intellectual property law. No User may reproduce, distribute or create derivative works from such content without the Company's prior written consent.
4. Permitted Use: The Website may be used only for lawful purposes. A User shall not: (a) misuse the "Contact Us," "Sales Enquiry" or "Careers" forms to transmit false, misleading or malicious information; (b) attempt to gain unauthorised access to the Website or its underlying systems; or (c) use any automated means to extract data from the Website without authorisation.
5. Disclaimer of Warranties: The Website is provided on an "as is" and "as available" basis. The Company does not warrant that the Website will be uninterrupted, error-free, or free of viruses, and disclaims all warranties, express or implied, to the maximum extent permitted by law.
6. Limitation of Liability: The Company shall not be liable for any indirect, incidental or consequential loss arising from the use of, or inability to use, the Website, save to the extent such liability cannot be excluded under applicable law.
7. Third-Party Links: The Website may link to third-party websites and social media platforms. The Company is not responsible for the content or practices of such third parties.
8. Governing Law: These Terms shall be governed by the laws of India, and subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
9. Amendment: The Company may revise these Terms at any time by posting the updated version on the Website. Continued use of the Website constitutes acceptance of the revised Terms.