Privacy Notice

THIS PRIVACY NOTICE (“PRIVACY NOTICE”) SETS FORTH HOW TOR.AI LIMITED USES AND PROTECTS THE PERSONAL INFORMATION THAT USERS GIVE TO TOR.AI LIMITED WHEN USER ACCESS AND USES THE PLATFORM. THIS PRIVACY NOTICE APPLIES ONLY TO PERSONAL INFORMATION COLLECTED ON THE PLATFORM. THIS PRIVACY NOTICE DOES NOT APPLY TO INFORMATION COLLECTED BY THE COMPANY IN OTHER WAYS, INCLUDING OFFLINE INFORMATION.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY CONTINUING TO ACCESS AND USE THE PLATFORM, PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY NOTICE. IF USER DOES NOT AGREE TO THIS PRIVACY NOTICE, USER MAY NOT AVAIL THE SERVICES OR ACCESS OR USE THE PLATFORM.

USER MAY WITHDRAW THE CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE PERSONAL INFORMATION ON THE PLATFORM. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO COMMUNICATION DETAILS MENTIONED BELOW.

YOU ALSO REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE PROVISIONS OF PRIVACY NOTICE.

Access and use of the Platform is subject to Terms of Use, available to read on the Platform, capitalized terms used and not defined in this PRIVACY NOTICE, shall have the same meaning ascribed to them in the Terms of Use.

1. Introduction

We, Tor.ai Limited (“Company”; “We”; “us”; “our”) have developed an Mobile application (“App”), the Tor.ai website https://tor.ai/ (the “Website”); web-based software (the “Software”); and an IOT Device. The App is available to the user as a web-based application and a mobile based application. The App provides you with a dashboard which showcases the information captured by IOT Device (“Services”). The App, Services, Website and the IOT Device are hereinafter collectively referred to as the “Platform”.

We are committed to protect the Personal Information and have made this PRIVACY NOTICE to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information (defined below). We recommend the Users to read this PRIVACY NOTICE carefully so that Users understand our approach towards the use of their Personal Information.

2. Definitions

Personal Information shall mean and include information that directly, indirectly, or in connection with other information, allows for the identification or identifiability of a natural person. Personal Information including name, address, contact number, date of birth, domain name, IP address, location, device identifier, GPS, telemetry, browser/device information etc.

“Customer(s)” shall mean the businesses that have obtained a subscription to our Platform.

“User(s)”, “you”, “your”, “Customer” shall mean and include individuals, business organizations, commercial establishments, and their permitted users who use the Platform or who may share Personal Information to avail the services through the Platform.

3. Governing statute

This PRIVACY NOTICE is governed by applicable data protection and privacy laws, including, where applicable, the Digital Personal Data Protection Act, 2023 (India), the General Data Protection Regulation (EU) 2016/679 ("GDPR"), and other applicable privacy, cybersecurity, electronic communications, and information technology laws.

4. Information which is collected and stored

We may collect certain Personal Information from you when you access and use the Platform/application. You may have to provide additional information as may be necessary from time to time. Tor.ai processes Personal Data based on consent or other lawful grounds permitted under applicable law including Legitimate Uses under the DPDP Act.

We may access and collect from you certain asset information on behalf of the Customer.

This information may be used to provide you with a better experience of our Platform along with evidentiary purposes. At any time if you want to opt-out, you may reach out to us at [email protected].

We shall not verify or authenticate such Personal Information provided by you and you will be responsible for providing accurate and complete information on the Platform.

In case you do not provide your information or consent for usage of Personal Information or later on withdraw your consent for usage of the Personal Information so collected, we reserve the right to discontinue the Services provided to you in your capacity as employee/user / authorized person for which the said Personal Information was sought.

5. Consent

Tor.ai processes Personal Data only where there is a lawful basis under applicable law, including consent, performance of a contract, compliance with legal obligations, legitimate interests, or other lawful grounds permitted under applicable data protection laws.

Subject to applicable data protection laws, you may have the right to access, correct, update, erase, restrict or object to the processing of your Personal Data, withdraw your consent where processing is based on consent, request portability of your Personal Data, lodge a complaint with the relevant supervisory authority or regulatory authority, nominate another individual to exercise your rights where permitted by law, and exercise any other rights available under applicable law. Requests may be submitted to Tor.ai's designated Grievance Officer/Data Protection Contact using the contact details provided in this PRIVACY NOTICE. Tor.ai will process such requests in accordance with applicable law.

6. How we use personal information

Information You Provide Voluntarily and Personal Information that we collect on behalf of the you is used for the following purposes:

1. to improve the quality and your experience of the use of the Platform,
2. for development and testing purposes,
3. to develop our present and future services and provide information of these Services to you,
4. to assist User with backend support and technical difficulties that may arise in relation to User’s use and access of the Platform,
5. to manage our relationship with User and/or the Customer.

We do not sell, rent or trade your Personal Information under any circumstances. This information is used to track aggregate traffic patterns across our Platform. No information is correlated with any Personal Information.

We reserve the right to send you certain communications relating to the Platform, such as service announcements, administrative messages and information regarding existing and new services. You may also provide us with access to information, which is already publicly available, or becomes publicly available to us in the future. You understand and acknowledge that any such information we may collect cannot be accorded the protections of this PRIVACY NOTICE.

7. Processing of personal information by us on behalf of the customer

This section concerns the Personal Information of the User collected by the Customer, and such collection may be facilitated by us. The Customer sets the purpose and means of processing of such Personal Information. We process such Personal Information only on behalf of and on the instructions of the Customer and for the purposes of rendering our Services to the Customer. Unless otherwise agreed in writing, the Customer acts as the Data Fiduciary (or Controller) and Tor.ai acts as the Data Processor.

If you are the User of the Platform and your Personal Information was shared with us by the Customer, the PRIVACY NOTICE of the Customer, on whose behalf we collect and process the Personal Information, will apply. This means that any enquiry, request, objection or complaint that you as a User may have in connection with the collection and/or processing of Personal Information that forms part of your Platform usage should be addressed to and resolved by the Customer solely.

Personal Data may be transferred or accessed outside India where permitted by applicable law and subject to appropriate safeguards.

8. Data processing addendum

Where Tor.ai processes Personal Data on behalf of enterprise customers, such processing shall be governed by the applicable Data Processing Addendum (DPA), which forms part of the contractual relationship between Tor.ai and the Customer.

9. International data transfers

Where Personal Data is transferred outside the jurisdiction in which it was collected, including outside India or the European Economic Area (EEA), Tor.ai shall implement appropriate safeguards as required by applicable law, including contractual safeguards such as the European Commission's Standard Contractual Clauses (SCCs) or other legally recognised transfer mechanisms, where applicable.

Personal Data may also be accessed by Tor.ai's authorised personnel, affiliates, service providers, or remote support personnel located in other jurisdictions, strictly on a need-to-know basis and solely for the purposes of providing support, maintenance, troubleshooting, security, or other Services under appropriate technical, contractual, and organisational safeguards.

10. Data hosting and procesing

Tor.ai primarily hosts and processes Customer Data and Personal Data using secure cloud infrastructure located in India, including Microsoft Azure India and/or Amazon Web Services (AWS) or other equivalent enterprise cloud infrastructure India Regions, or such other cloud infrastructure as may be used from time to time.

Customer Data remains logically segregated within the cloud environment using industry-standard security controls to help ensure the confidentiality, integrity, and isolation of Customer Data.

Where Personal Data is accessed or transferred outside India for support, maintenance, disaster recovery, or service delivery purposes, Tor.ai shall implement appropriate technical, contractual, and organisational safeguards in accordance with applicable data protection laws.

11. Disclosures

We do not sell, rent, share, distribute, lease or otherwise provide Personal Information to third parties, without User’s prior consent. Keeping this in mind, you agree and consent that we may disclose Personal Information in the following cases:

1. Affiliates. We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to your requests for information or Services, or to help limit your receipt of marketing materials you have requested not to receive.
2. Business Partners. We may use certain trusted third-party companies and individuals to help us provide, analyse, and improve the Services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Platform’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this PRIVACY NOTICE. We may disclose your Personal Information to service providers who perform business functions or hosting services on our behalf and who may be located outside of India.
3. Service Providers. We may share your Personal Information to the service providers, who are working with us in connection with the operation of the Platform, so long as such service providers are subject to confidentiality restrictions consistent with this PRIVACY NOTICE.
4. Persons Who Acquire Our Assets or Business. If we sell or transfer any of our business or assets either partly or fully, certain Personal Information may become part of that sale or transfer. In the event of such a sale or transfer, we may notify You of such sale or transfer.
5. Legal and Regulatory Authorities. Tor.ai will disclose Personal Data only where required by applicable law, pursuant to a valid court order, legally binding request, or other lawful legal process, or where such disclosure is reasonably necessary to protect the rights, property, safety, or security of Tor.ai, its Customers, Users, or others, or to investigate, prevent, or respond to fraud, cybersecurity incidents, or other unlawful activities.
6. Tor.ai may engage affiliates and authorised sub-processors to process Personal Data on its behalf, provided such parties are contractually bound to implement appropriate confidentiality and security measures.
7. Tor.ai may engage trusted cloud infrastructure providers, hosting providers, payment processors, communication providers, analytics providers and other authorised sub-processors to provide the Services. All such sub-processors shall be contractually required to implement appropriate confidentiality, privacy and security measures.

12. Data retention

We will retain User’s Personal Information as long as necessary to fulfil the purposes described in this PRIVACY NOTICE, comply with applicable law and resolve disputes. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Personal Data shall not be retained longer than necessary.

13. Security

We may store your Personal Information on third-party cloud servers on behalf of the Customer, where applicable. Tor.ai implements commercially reasonable administrative, technical, and organizational safeguards to protect Personal Information, including encryption where appropriate, access controls, logging, periodic security assessments, vulnerability management, backups, incident response procedures, and restricting access to Personal Information on a need-to-know basis.

While we strive to protect your Personal Information, no method of transmission or storage is completely secure, and Tor.ai cannot guarantee absolute security. In the event of any unauthorized access, cybersecurity incident, or data breach, Tor.ai will take reasonable steps to investigate, mitigate, and respond in accordance with applicable law.

Where required by applicable law, Tor.ai shall notify affected individuals, Customers, or competent regulatory authorities of reportable Personal Data Breaches within the timelines prescribed under applicable law.

14. Business continuity and disaster recovery

Tor.ai maintains commercially reasonable business continuity and disaster recovery measures designed to support the availability, resilience, and recovery of the Platform and Services. These measures are periodically reviewed and updated to help minimise service disruptions and support the continuity of operations.

15. Children’s privacy

Access to the Platform is not aimed at children under 18 years of age and we will not directly collect, use, provide or process in any other form any Personal Information of children under the age of 18 deliberately.

If the legal representative of the child under the age of 18 years discovers that the child has provided us with Personal Information, we request the legal representative of the child to contact us at [email protected] to have the Personal Information deleted.

16. Anonymised data

We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us.

We may use this anonymized data for any purpose including but not limited to research, analytics, and to improve our Services. By using the PRIVACY NOTICE, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.

17. Social media

You may wish to participate in social media platforms or arrangements hosted by the Platform which we make available to you. The main aim of the social media platform is to facilitate and allow you to share content.

However, we cannot be held responsible if you share Personal Information on social media platform that is subsequently used, misused or otherwise appropriated by another user.

18. Cookies and analytics

Our website and web-based Platform may use cookies, session storage, browser technologies, and analytics tools to enhance user experience, maintain secure sessions, analyse website usage, and improve the performance and functionality of our Products and Services.

You may manage or disable cookies through your browser settings; however, doing so may affect certain features or functionality of the Platform. Where required by applicable law, Tor.ai will obtain consent before placing non-essential cookies or similar technologies on your device.

19. Reservation of rights

All rights not expressly granted in this PRIVACY NOTICE are reserved by Company and its licensors, as the case may be. Nothing contained in this PRIVACY NOTICE shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Company or any other person or to you.

20. Grievance redressal

Tor.ai has designated a Grievance Officer / Data Protection Contact to address any questions, concerns, complaints, or requests relating to the processing of Personal Data or this PRIVACY NOTICE. Data Principals may also escalate grievances to the appropriate authority under applicable law where permitted.

Data Principals may contact the Grievance Officer using the details below:

Grievance Officer / Data Protection Contact
Email: [email protected]
Postal Address: Tor.ai Limited, S. No. 52 & 53, 4th Floor, M-Connect, Pune-Bangalore Highway, Bavdhan, Pune 411021, Maharashtra, India

Tor.ai will acknowledge receipt of your grievance within 7 business days and endeavour to resolve it within 30 days, or within such period as may be prescribed under applicable law.

21. Disputes

This PRIVACY NOTICE shall be governed by the laws specified in the applicable Terms of Use, EULA, or other agreement governing your use of the Platform.

22. Changes to this privacy notice

From time to time we may make changes to this PRIVACY NOTICE and notify you by posting an updated version of the PRIVACY NOTICE on our Platform. Please check the PRIVACY NOTICE on a regular basis.

23. Contact us

If you have any questions, concerns, grievance or comments about this PRIVACY NOTICE, our Services, or your experience with our App – contact us at [email protected].