Customer Data and Artificial Intelligence and Machine Learning Privacy Policy

1. INTRODUCTION

This Batoi Customer Data and Artificial Intelligence and Machine Learning Privacy Policy (also referred to as the ‘Privacy Policy’ or ‘policy’) informs data subjects (‘you’) on the collection and use (collectively referred to as ‘processing’ or ‘process’) of your personal information in connection with Batoi’s artificial intelligence and machine learning (“AI/ML”) activities in order to analyze, develop, and improve Batoi products and services, and for security and compliance purposes. This Privacy Policy also explains your privacy rights in relation to these processing activities.

This Privacy Policy was created on April 22, 2022. However, the Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on this site. In case there is an important change that we want to highlight to you, we will also inform you in another appropriate way (for example, via a pop-up notice or statement of changes on our website).

As used in this Privacy Policy, ‘personal information’ means information that relates to an identified individual or to an identifiable individual. For example, this could include among other things your name, address, email address, or information about your use of Batoi products and services, or your interactions with Batoi. Personal information about you that Batoi may process is also referred to as ‘information about you.’ For more detail about the types of information about you that Batoi may process, please refer to section 4 below.

2. SCOPE

This Privacy Policy applies to Batoi’s processing of personal information that Batoi has obtained from an Batoi customer when agreed to by contract with that customer to use such information for AI/ML processing for the purposes specified in this Privacy Policy.

3. WHO IS RESPONSIBLE FOR PROCESSING YOUR PERSONAL INFORMATION?

Batoi Systems Pvt Ltd, having its registered address at 421, Saheed Nagar, Bhubaneswar, Odisha 751007 (INDIA), is responsible for processing your personal information in scope of this Privacy Policy.

4. WHICH CATEGORIES AND SPECIFIC PIECES OF PERSONAL INFORMATION DO WE PROCESS?

Personal information that can directly or indirectly identify you may include, for example:

• Contact details: Name, email, phone number, mailing address, zip code.
• Company and employment data: your employment with and role within a company, including information related to such company such as company name, size, location, as well as publicly available company information and activity.
• Device information: Information related to a device interacting with Batoi products, services, and websites including IP address, browser, device type, operating system, the presence or use of “apps”, screen resolution, preferred language.
• Interactions with Batoi services or products: Information related to the use of Batoi services and products, such as products and services purchased, subscriptions, features used or platform preferences, or performance of Batoi services or products.

Batoi may also collect customer and systems operations data, which may incidentally contain personal information:

• Customer data: Data provided by Batoi customers (when agreed to by contract with the customer) such as transaction data, invoices or receipts, product inventory, and other customer-provided datasets.
• Systems operations: Information related to the use, operation, and performance of Batoi systems such as log files, event files, and other trace and diagnostic files.

5. FOR WHAT COMMERCIAL OR BUSINESS PURPOSE DO WE USE YOUR PERSONAL INFORMATION?

In cases where the processing of personal information is not central to the purposes of processing for the below AI/ML activities, Batoi will limit the use of personal information when technically possible or feasible. ‘Dataset’ refers to a set of data that may contain this limited personal information.

We use personal information for the following business purposes:

• to analyze, develop, improve, and optimize the use, function and performance of Batoi products and services to provide our customers with a more intelligent experience.
• to manage the security of websites, networks and systems and the products and services Batoi provides to our customers; and
• to comply with applicable laws and regulations and to operate our business.

These purposes are described below in further detail.

• to analyze, develop, improve, and optimize the use, function and performance of Batoi products and services to provide our customers with a more intelligent experience
  Batoi will use these datasets for internal research for technological development and demonstration and to improve, upgrade, or enhance Batoi products and services to provide more intelligent, automated and predictive functionalities.
• to manage the security of our sites, networks and systems and the products and services Batoi provides to our customers
  Batoi processes datasets to detect, prevent, or predict malicious, deceptive, fraudulent, or illegal activity on Batoi sites, networks, and systems, as well as on Batoi products and services used by our customers. AI/ML activities, subject to this policy, allow Batoi to provide more intelligent and predictive functionalities to investigate, prevent, or predict malicious activity, fraud, or bad actors.
• to comply with applicable laws and regulations and to operate our business
  In some cases, we may process personal information to comply with applicable laws and regulations. For example, to respond to a request from a regulator or to defend a legal claim. We may also process personal information in the operation of our business. For example, Batoi may process the datasets to conduct audits and investigations, for finance and accounting, archiving and insurance purposes, or to process individual rights requests.

6. CATEGORIES OF SOURCES OF PERSONAL INFORMATION

Personal information subject to this Privacy Policy is provided to Batoi from Batoi customers when agreed to by contract with the customer.

7. FOR INFORMATION ABOUT YOU COLLECTED IN THE EU/EEA, WHAT IS OUR LEGAL BASIS?

Batoi will process information about you as may be necessary for internal research for technological development and demonstration and to improve, upgrade, or enhance Batoi products and services based on our legitimate interests when such processing has a limited privacy impact on the individual.

Batoi will process information about you as may be necessary to detect, prevent, or predict malicious, deceptive, fraudulent, or illegal activity on Batoi sites, networks, and systems based on our legitimate interests in order for Batoi to safeguard such systems.

Batoi may also process personal information as necessary for compliance with our legal obligations.

8. FOR WHAT PERIOD DO WE RETAIN INFORMATION ABOUT YOU?

Batoi maintains personal information provided by Batoi customers for processing to achieve the intended purposes described in this Privacy Policy for only as long as necessary, which is approximately 3 months but no longer than 12 months. Batoi will maintain evidence of access, opt-out, or deletion requests as long as necessary to document Batoi’s compliance with such requirements.

9. WHEN AND HOW CAN WE SHARE YOUR PERSONAL INFORMATION?

Sharing within Batoi
As a global organization, information about you can be shared with other Batoi entities globally throughout Batoi’s organization as needed for the purposes of processing.

Batoi employees are authorized to access personal information only to the extent necessary to serve the applicable purpose(s) and to perform their job functions.

Sharing with or selling with third parties
We do not share or sell personal information subject to this Privacy Policy with third parties for any commercial purposes.

We may also share such personal information with the following third parties for a business purpose:

• third-party service providers (for example, IT service providers, lawyers and auditors) in order for those service providers to perform business functions on behalf of Batoi.
• relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.

10. HOW IS PERSONAL INFORMATION PROTECTED GLOBALLY?

Batoi is a global corporation with operations in multiple countries and personal information is processed globally as necessary in accordance with this policy. If personal information is transferred to an Batoi recipient in a country that does not provide an adequate level of protection for personal information under applicable data protection law in the country where such information was collected, Batoi will take adequate measures designed to protect the personal information, such as ensuring that such transfers are subject to EU Model Clauses or other adequate transfer mechanism as required under relevant data protection laws.

11. HOW IS INFORMATION ABOUT YOU SECURED?

Batoi has implemented appropriate technical, physical and organizational measures designed to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, as well as all other forms of unlawful processing.

12. WHAT ARE YOUR PRIVACY RIGHTS?

Pursuant to the E.U. General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Brazilian General Data Protection Law (LGPD) and other applicable laws and regulations, individuals in certain jurisdictions may have data subject rights enabling them to opt-out of third party sharing or selling, delete or remove, or request to access and receive a copy of their personal information in Batoi’s possession or for which Batoi is otherwise responsible. Batoi provides rights to individuals to access, amend, correct, or delete data for personal information that directly identifies such individuals, such as their name or email address.

We will respond to your request consistent with applicable law. Batoi will not discriminate against consumers who have exercised the deletion, opt-out, or access rights provided to them in this Privacy Policy.

13. WHAT ARE YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)?

If you are a California resident, you may request that we:

1. disclose to you the following information:
• the categories and specific pieces of personal information we collected about you and the categories of personal information we sold (see section 4)
• the categories of sources from which we collected such personal information (see section 6);
• the business or commercial purpose for collecting or selling personal information about you (see section 5); and
• the categories of third parties to whom we sold or otherwise disclosed personal information, if applicable (see section 9).
2. delete personal information we collected under this Privacy Policy (see section 12); or
3. opt-out of any future sale of personal information about you, if applicable (see section 12).

We will respond to your request consistent with applicable law. If you are an authorized agent making an access or deletion request on behalf of a Californian resident, please reach out to us via the inquiry form and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of a Californian resident. If you are a California resident, you may obtain information about exercising your rights, as described above, by contacting us at:

Batoi Systems Pvt Ltd
421, Saheed Nagar
Bhubaneswar, Odisha 751007 (INDIA)
Attention: Legal Department
Telephone: +91 (0) 674 350 0200
E-mail: legal@batoi.com

14. DOES BATOI PROCESS PERSONAL INFORMATION FROM CHILDREN OR OTHER SENSITIVE PERSONAL INFORMATION?

We do not knowingly process personal information of children under 16 years of age or personal information that is sensitive or “special” under applicable data protection laws.

Batoi will not use the personal information processed under this policy to make decisions related to an individual’s eligibility for employment, credit, healthcare, or insurance purposes or to make decisions solely by automatic means where the decision has a legal or significant effect on the individual, or in any way that may or does discriminate against any person or promote bigotry, racism or harm.

15. HOW TO CONTACT BATOI IF YOU HAVE QUESTIONS, COMMENTS OR COMPLAINTS?

Batoi has appointed a Data Protection Officer. If you believe your personal information has been used in a way that is not consistent with the Privacy Policy or your choices, or if you have further questions, comments or suggestions related to this Privacy Policy, or if you wish to exercise your right to access to your offline personal information as described in this Privacy Policy, please contact the Data Protection Officer by filling out an inquiry form.

Written inquiries to the Data Protection Officer may be addressed to::

Batoi Systems Pvt Ltd
421, Saheed Nagar
Bhubaneswar, Odisha 751007 (INDIA)
Attention: Legal Department
Telephone: +91 (0) 674 350 0200
E-mail: legal@batoi.com

16. DISPUTE RESOLUTION OR FILING A COMPLAINT

If you have any complaints regarding our compliance with this Privacy Policy, please contact us first by filling out an inquiry form. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy and in accordance with applicable law.

If you have an unresolved privacy or data use concern that you believe we have not addressed satisfactorily, under certain conditions, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. You also have the right to file a complaint with a competent data protection authority if you are a resident of a European Union member state.

17. BATOI CORPORATE HEADQUARTERS

Batoi’s corporate headquarters are located at:

Batoi Systems Pvt Ltd
421, Saheed Nagar
Bhubaneswar, Odisha 751007 (INDIA)