Last Updated: 1st February, 2023
1. Introduction
MyNextDeveloper operated by MND Technologies Private Limited (“us”, “we”, or “our”) operates https://mynextdeveloper.com (hereinafter referred to as “Service”).
Our Privacy Policy governs your visit to https://mynextdeveloper.com and explains how we collect, safeguard and disclose information that results from your use of our Service.
We use your data to provide and improve Service. By using the Service, you agree to the collection and use of information by this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitute your agreement with us (“Agreement”).
2. Definitions
SERVICE means the https://mynextdeveloper.com website operated by us.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
CANDIDATE – The person introduced/re-introduced by us to the Client for an Engagement.
CLIENT – The person introduced/re-introduced by us to the Candidate for an Engagement.
DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and how any personal data are, or are to be, processed. For this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
4. Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
( a ) Email address
( b ) Name
( c ) Phone Number
( d ) Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by emailing at ops@mynextdeveloper.com.
Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device’s unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
( a ) Session Cookies: We use Session Cookies to operate our Service.
( b ) Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
( c ) Security Cookies: We use Security Cookies for security purposes.
5. Use of Data
MyNextDeveloper uses the collected data for various purposes:
( a ) to provide and maintain our Service;
( b ) to notify you about changes to our Service;
( c ) to provide customer support;
( d ) to gather analysis or valuable information so that we can improve our Service;
( e ) to monitor the usage of our Service;
( f ) to detect, prevent and address technical issues;
( g ) to fulfil any other purpose for which you provide it;
( h ) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
( i ) to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
( j ) to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
( k ) for any other purpose with your consent.
6. Retention of Data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
7. Access, Correction and Deletion of Information
You can request for us to remove or modify any information about your account. To permanently remove your data, you must email us at ops@mynextdeveloper.com, and we will remove your data within 30 days of notice.
8. Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located in the European Union and choose to provide information to us, please note that we transfer the data, including Personal Data, outside of the European Union and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all the steps reasonably necessary to ensure that your data is treated securely and under this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
9. Disclosure of Data
We may disclose personal information that we collect, or that you provide to fulfil the purpose for which you provide it.
10. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
11. Your Data Protection Rights Under the General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at ops@mynextdeveloper.com.
In certain circumstances, you have the following data protection rights:
( a ) the right to access, update or to delete the information we have on you;
( b ) the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
( c ) the right to object. You have the right to object to our processing of your Personal Data;
( d ) the right of restriction. You have the right to request that we restrict the processing of your personal information;
( e ) the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
( f ) the right to withdraw consent. You also have the right to withdraw your consent at any time when we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
12. Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared and to comply with this policy. – See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/
According to CalOPPA, we agree to the following:
( a ) users can visit our site anonymously;
( b ) our Privacy Policy link includes the word “Privacy”, and can easily be found on the page specified above on the home page of our website;
( c ) users will be notified of any privacy policy changes on our Privacy Policy Page;
( d ) users are able to change their personal information by emailing us at ops@mynextdeveloper.com.
13. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
14. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MyNextDeveloper and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MyNextDeveloper.
15. Payments
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we may work with are:
Razorpay:
Their Privacy Policy can be viewed at https://razorpay.com/privacy/
Stripe:
Their Privacy Policy can be viewed at https://stripe.com/en-in/privacy
16. Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
17. Children’s Privacy
Our Services are not intended for use by children under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
18. Changes to This Privacy Policy
We may update our Privacy Policy at any time by posting it on this site. It is your responsibility to review this Policy periodically.
We may let you know via email and/or a prominent notice on our Service, about the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
19. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
20. Error Reporting and Feedback
You may provide us directly at ops@mynextdeveloper.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) MyNextDeveloper may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) MyNextDeveloper is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant MyNextDeveloper and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
21. Governing Law
These Terms shall be governed and construed in accordance with the laws of the country of India without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
22. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY MYNEXTDEVELOPER ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYNEXTDEVELOPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER MYNEXTDEVELOPER NOR ANY PERSON ASSOCIATED WITH MYNEXTDEVELOPER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MYNEXTDEVELOPER NOR ANYONE ASSOCIATED WITH MYNEXTDEVELOPER REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MYNEXTDEVELOPER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MYNEXTDEVELOPER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MYNEXTDEVELOPER, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
24. Non-Solicitation
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, THE CANDIDATE AND THE CLIENT ACKNOWLEDGE THAT WE SPEND SIGNIFICANT EFFORTS AND EXPERTISE IN MATCHING WITH SPECIFICALLY REQUESTED ROLES/PURPOSES. THEREFORE, BOTH THE CANDIDATE AND THE CLIENT SHALL NOT SEEK TO CIRCUMVENT US AND SHALL REFRAIN FROM CONDUCTING DIRECT DEALINGS DURING THE TENURE OF THE CONTRACT OR FOR A PERIOD OF TWENTY-FOUR (24) MONTHS FROM THE DATE OF INTRODUCTION, WHICHEVER IS THE LATEST, INCLUDING BUT NOT LIMITED TO ANY ENGAGEMENTS OR INTRODUCTIONS, WITHOUT THE SPECIFIC PRIOR AUTHORISATION (IN WRITING) OF US. IN CASE THE CLIENT OR THE CANDIDATE TRIES TO SOLICIT AND WORK TOGETHER WITHOUT OUR CONSENT, THE CLIENT AND THE CANDIDATE WOULD BE LIABLE TO PAY US A ONE-TIME FEE EQUIVALENT TO TWO (2) TIMES THE YEARLY COST GIVEN BY US TO THE CLIENT.
25. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
26. Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: ops@mynextdeveloper.com.
By post: MND Technologies Private Limited, 6, 1st Floor, Kamala Niketan, Dr. Bhagvan Indrjit Road, Malabar Hill, Mumbai – 400006