Created: May 16, 2019
Thank you for using NiteLife!
There are three general categories of information we collect.
1.1 Information You Give to Us.
1.1.1 Information that is necessary for the use of the IndiaNiteLife Platform.
We ask for and collect the following personal information about you when you use the IndiaNiteLife Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
1.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using IndiaNiteLife Platform. This additional information will be processed based on your consent.
1.1.3 Information that is necessary for the use of the Payment Services.
The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
1.2 Information We Automatically Collect from Your Use of the IndiaNiteLife Platform and Payment Services.
When you use the IndiaNiteLife Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the IndiaNiteLife Platform and Payment Services.
1.3 Information We Collect from Third Parties.
IndiaNiteLife and IndiaNiteLife Payments may collect information, including personal information, that others provide about you when they use the IndiaNiteLife Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the IndiaNiteLife Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the IndiaNiteLife Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
2.1 Provide, Improve, and Develop the IndiaNiteLife Platform.
We process this information given our legitimate interest in improving the IndiaNiteLife Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
2.2 Create and Maintain a Trusted and Safer Environment.
We process this information given our legitimate interest in protecting the IndiaNiteLife Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your IndiaNiteLife Account.
2.4 How the Payments Data Controller uses the Information Collected.
The Payments Data Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
3.1 With Your Consent.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your IndiaNiteLife Account or when you participate in promotional activities conducted by IndiaNiteLife partners or third parties.
3.2 Sharing between Members.
To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
We don’t share your billing and payout information with other Members.
3.3 Profiles, Listings, and other Public Information.
The IndiaNiteLife Platform lets you publish information, including personal information, that is visible to the general public. For example:
Based on our legitimate interest to promote the IndiaNiteLife Platform we may display parts of the IndiaNiteLife Platform (e.g., your Listing page) on sites operated by IndiaNiteLife’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the IndiaNiteLife Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
3.4 Additional Services by Hosts.
Hosts may need to use third party services available through the IndiaNiteLife Platform to assist with managing their Accommodation or providing additional services requested by you, such as cleaning services or lock providers. Hosts may use features on the IndiaNiteLife Platform to share information about the Guest (like check-in and check-out dates, Guest name, Guest phone number) with such third party service providers for the purposes of coordinating the stay, managing the Accommodation, or providing other services.
3.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
IndiaNiteLife and IndiaNiteLife Payments may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against IndiaNiteLife, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of IndiaNiteLife, its employees, its Members, or members of the public.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the IndiaNiteLife Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon IndiaNiteLife’s property, its Members and the IndiaNiteLife Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
3.6 Service Providers.
IndiaNiteLife and IndiaNiteLife Payments uses a variety of third party service providers to help us provide services related to the IndiaNiteLife Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in India.
IndiaNiteLife and the IndiaNiteLife Payments will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
3.7 Corporate Affiliates.
To enable or support us in providing the IndiaNiteLife Platform and the Payment Services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the IndiaNiteLife Platform and our affiliates’ services.
3.8 Social Media Platforms.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the IndiaNiteLife Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by IndiaNiteLife. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
3.9 Collection and Remittance of Occupancy Taxes.
In jurisdictions where IndiaNiteLife facilitates the Collection and Remittance of Occupancy Taxes as described in the “Taxes” section of the Terms of Service, Hosts and Guests, where legally permissible according to applicable law, expressly grant us permission, without further notice, to disclose Hosts’ and Guests’ data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes to the relevant tax authority, including, but not limited to, the Host’s or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Hosts from Guests, and contact information.
3.10 Government Registration.
In jurisdictions where IndiaNiteLife facilitates or requires a registration, notification, permit, or license application of a Host with a local governmental authority through the IndiaNiteLife Platform in accordance with local law, we may share information of participating Hosts with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Host’s full name and contact details, Accommodation address, tax identification number, Listing details, and number of nights booked.
3.11 Host Information Provided to IndiaNiteLife for Work Customers.
If a booking is designated as being for business purposes and made by a Guest affiliated with a company or other organization enrolled in our IndiaNiteLife for Work Program (either or both an “Enterprise”), we may disclose information related to the booking to the Enterprise, such as the name of the Host, the Accommodation address, pricing, Listing details, and other related information, to the extent necessary for the adequate performance of the services. At the request of the Enterprise or the Guest, we may also share this information with third parties engaged by the Enterprise to provide travel management, travel planning, financial reporting, personnel management, crisis management, or other services.
3.12 Guest Information Provided to IndiaNiteLife for Work Customers.
If you have linked your IndiaNiteLife Account with an Enterprise, and you are included on a booking designated as being for business purposes, we may disclose information related to the booking to your Enterprise to the extent necessary for the adequate performance of the services. Typically, this includes your name, dates of the booking, number of guests, pricing, Listing details, the Accommodation address, and other related information. At the request of you or your Enterprise, we may also disclose this information to service providers engaged by it, such as companies that provide travel management, financial reporting, personnel management, crisis management, or other services. In the event of a dispute, emergency, or similar situation involving a booking identified as being for business purposes, IndiaNiteLife may also share additional relevant information it believes is necessary to safely and quickly address the situation.
3.13 Business Transfers.
3.14 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4.1 Analyzing your Communications.
We may review, scan, or analyze your communications on the IndiaNiteLife Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on IndiaNiteLife’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
4.2 Linking Third Party Accounts.
You may link your IndiaNiteLife Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
4.3 Google Maps/Earth.
The IndiaNiteLife Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). IndiaNiteLife doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, IndiaNiteLife, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
You may exercise any of the rights described in this section before your applicable IndiaNiteLife Data Controller and Payments Data Controller by sending an email to [email protected]. Please note that we may ask you to verify your identity before taking further action on your request.
6.1 Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your IndiaNiteLife Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your IndiaNiteLife Account).
6.3 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the IndiaNiteLife Platform to you, you can request that we erase your personal information and close your IndiaNiteLife Account. Please note that if you request the erasure of your personal information:
6.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by IndiaNiteLife you may withdraw your consent at any time by changing your Account settings or by sending a communication to IndiaNiteLife specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of IndiaNiteLife override your own.
6.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require IndiaNiteLife and IndiaNiteLife Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing IndiaNiteLife and/or IndiaNiteLife Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask IndiaNiteLife to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected]
6.7 Lodging Complaints.
You have the right to lodge complaints about the data processing activities carried out by IndiaNiteLife and IndiaNiteLife Payments before the competent data protection authorities.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your IndiaNiteLife Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your IndiaNiteLife Account, please contact us following the instructions in the Contact Us section below.