Effective Date: 19 January 2025

This domain name sbainsights.com (“Website” or “Site”) is owned by SBA Insights Inc., (hereinafter referred to as “SBA”).  SBA places its highest value on your trust and considers protecting your Personal Information (as defined herein) as a priority. This privacy policy (“Policy”) explains how SBA will collect, use, share and process Personal Information in relation to the services provided on the Website.

At SBA Insights Inc. and our Global Delivery Center (GDC), SBA Business Solutions Private Limited (“SBABSPL”), we are committed to safeguarding the privacy and personal information of our clients, employees, and stakeholders. This Privacy Policy outlines how we collect, use, disclose, and protect personal information in compliance with applicable laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada and the Digital Personal Data Protection Act, 2023 (DPDPA) of India.

By engaging with SBA or SBABSPL, you acknowledge and consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy.

For the purpose of this Privacy Policy, wherever the context so requires "You" or "User" shall mean any natural or legal person who has either registered on the Site by providing relevant registration data as registered user or can also refer to an unregistered guest User. SBA allows the User to surf the Site or make purchases without registering on the Site. The term "We", "Us", "Our", “Company” shall collectively include “SBA” and “SBABSPL”.

By accepting this Policy, you understand and agree to the collection, use, sharing and processing of your Personal Information (as defined hereinbelow). If you provide SBA with Personal Information about someone else, you confirm that they are aware that you have provided their information and that they consent to SBA’s use of their information according to this Policy. This Policy applies to all the current and former visitors, users and others who access this Site.

Scope of this Policy

This Privacy Policy applies to:

SBA Insights Inc., headquartered in Canada, and its operations.

SBA Business Solutions Private Limited, located in Bangalore, India, as SBA’s exclusive Global Delivery Center and affiliate/partner.

Both entities work collaboratively and are bound by the principles and practices set out in this Privacy Policy.

This Policy is an electronic record in the form of an electronic contract formed under the applicable law. This Policy does not require any physical, electronic or digital signature.

By accessing or using the Site or otherwise giving us your information, you undertake that you have the capacity to enter into a legally binding contract vide this Policy, which constitutes a legally binding document between you and the Company under the applicable law.  

SBA will collect and process your personal and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations.  

This Policy seeks to ensure that any Personal Information or third-party information handled by us is managed in a way that is ethical, compliant and adheres to best industry practices.

Please read the terms and conditions of this Policy carefully, before accessing or using this Site. By accessing or using the Site including any purchase of Products or services, you agree to the terms of this Policy. If you are accepting this Policy on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind such person, company or legal entity to these terms.

This Policy describes the types of information we collect, why and how we use the information, with whom we share it, and the choices you can make about our use of the Information (as defined hereinbelow). We also describe the measures we takes to protect the security of your Information and how you can contact us about our privacy practices.

This Policy describes our current data protection policies and practices and may be amended/updated from time to time. Any changes to this Policy will become effective upon posting of the revised Policy on the Site. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your continued use of Site or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.

Information We Collect

In the course of providing our services, we may collect personal and business information that is necessary to fulfill our contractual obligations and business purposes. The types of information we may collect include, but are not limited to:

Personal Information: Name, address, email address, phone number, and other identifying information.

As SBA Insights Inc.’s website is solely a landing page and does not engage in direct data collection, we only collect personal information that you voluntarily provide to us, such as through inquiries, contact forms, or communication initiated by you.

We will ensure that all data collection and processing are conducted in accordance with applicable data protection laws, including but not limited to, The Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada and The Digital Personal Data Protection Act, 2023 (DPDPA) of India.

Purpose of Data Collection

We collect personal information for the following purposes:

  • To provide, deliver, and improve our services.
  • To communicate with clients regarding inquiries, agreements, or services.
  • To comply with legal and regulatory obligations.
  • To analyze data for operational and strategic insights.

We do not collect, use, or disclose personal information beyond these stated purposes unless required by law or with your explicit consent.

Consent

We obtain your consent to collect, use, or disclose your personal information, except where otherwise permitted or required by applicable law. Consent may be:

Explicit: Provided through clear, affirmative actions (e.g., signing an agreement or checking a consent box).

Implicit: Inferred based on your actions or circumstances (e.g., when you provide information to initiate or fulfill a service-related inquiry).

By providing personal information to us, you acknowledge and agree that we may collect, use, and disclose such information in accordance with this Privacy Policy.

You may withdraw your consent at any time by contacting us at legal@sbainsights.com, subject to the following:

Legal or Contractual Restrictions: Withdrawal of consent may not affect our ability to process your information where required by law, to fulfill contractual obligations, or where we have other legitimate grounds for processing.

Service Limitations: Withdrawal of consent may limit our ability to provide certain services or fulfill requests.

Where you withdraw consent, we will take reasonable steps to comply with your request within a reasonable timeframe, subject to applicable laws. However, withdrawal of consent does not affect the lawfulness of processing based on consent provided before its withdrawal.

Data Subject Rights

Subject to applicable laws, you have the following rights regarding your personal information. Please note that the exercise of these rights may be subject to certain legal, contractual, or operational restrictions:

  1. Right to Access
    1. You have the right to request confirmation of whether we process your personal information and access to the personal information we hold about you.
    2. Requests for access may require identity verification to protect your data.
  2. Right to Rectification
    1. You may request corrections to inaccuracies or incomplete information in your personal data.
    2. Where the accuracy of your request is disputed, we may add a note indicating your concerns without altering the original data.
  3. Right to Data Portability (where applicable)
    1. You may request a copy of your personal information in a structured, commonly used, and machine-readable format, where feasible.
    2. This right applies only to information provided directly by you and processed based on your consent or contractual necessity.
  4. Right to Withdraw Consent
    1. You have the right to withdraw your consent for the processing of your personal information at any time.
    2. Withdrawal of consent does not affect the lawfulness of processing conducted prior to its withdrawal and may impact the services we can provide.
  5. Right to Erasure (‘Right to be Forgotten’)
    1. You may request the deletion of your personal information, subject to the following exceptions:
    2. Legal or regulatory obligations requiring data retention.
    3. Contractual requirements or legitimate business interests, such as dispute resolution or fraud prevention.
  6. Right to Restrict Processing
    1. You may request the restriction of processing under the following circumstances:
    2. You contest the accuracy of your personal information.
    3. Processing is unlawful, but you oppose erasure.
    4. We no longer need the data, but you require it for legal claims.
  7. Right to Lodge Complaints
    1. You have the right to file a complaint with the relevant data protection authority:
      1. In Canada: The Office of the Privacy Commissioner of Canada (OPC).
      2. In India: The Data Protection Board under the Digital Personal Data Protection Act, 2023.
  8. Right to Object to Processing
    1. You may object to the processing of your personal information for direct marketing, profiling, or other purposes based on legitimate interests

How to Exercise Your Rights

To exercise your rights, submit a written request to legal@sbainsights.com. Please provide sufficient information to verify your identity and specify the nature of your request. We will respond within the timeframes specified by applicable laws.

Data Retention and Deletion

We retain personal information for as long as necessary to fulfil the purposes for which it was collected, comply with legal and regulatory obligations, or resolve disputes. Once retention is no longer required, personal information is securely erased, anonymized, or destroyed in accordance with established data retention guidelines. SBABSPL operates under SBA’s data retention policies and ensures compliance with applicable legal standards during data deletion. Data retention schedules are periodically reviewed to ensure compliance with evolving regulatory requirements.

Security of Personal Information

We employ industry-standard technical, organizational, and physical measures to safeguard personal information against unauthorized access, loss, or misuse. These measures include but are not limited to:

Technical Measures: Secure encryption protocols, firewalls, multi-factor authentication, and advanced monitoring tools.

Organizational Measures: Access controls, role-based data access, and data classification policies.

Physical Measures: Restricted access to facilities, data centers, and storage systems.

Regular Audits: Conducting periodic security assessments, vulnerability testing, and compliance audits to ensure continuous protection.

All employees and third parties with access to personal information are bound by confidentiality obligations and trained on data protection protocols. In the unlikely event of a data breach, we will notify affected individuals and relevant authorities promptly, providing details of the breach, its potential impact, and mitigation measures, in accordance with PIPEDA and DPDPA, 2023.

Data Sharing and Third Parties

Personal information may be shared under the following circumstances:

Intra-Group Sharing: Between SBA Insights Inc. and SBABSPL to facilitate service delivery and operations.

Third-Party Service Providers: With contracted service providers performing services on our behalf, such as IT support, data hosting, or analytics. These providers are bound by confidentiality and data protection obligations through contractual agreements.

We will never sell, rent, or disclose personal information to third parties for commercial purposes without your

explicit consent, except as required by law or as part of a corporate transaction such as a merger or acquisition.

Data Breach Notifications

In the event of a data breach involving your personal information, SBA and SBABSPL will comply with the notification requirements under:

PIPEDA: Notification to the Office of the Privacy Commissioner of Canada (OPC) and affected individuals if there is a real risk of significant harm.

DPDPA, 2023: Notification to the Data Protection Board and affected individuals, as required by Indian law.

Such notifications will include:

• A description of the breach, including its nature and scope.

• Possible consequences and potential risks arising from the breach.

• Steps taken to mitigate harm and prevent recurrence.

• Guidance for affected individuals on how to protect themselves.

Updates to the Privacy Policy

We reserve the right to update this Privacy Policy periodically to reflect changes in legal, regulatory, or operational requirements. All updates will be published on our official website. For significant changes affecting your rights or obligations, we will notify you via appropriate channels, such as email or website announcements. Continued engagement with SBA following such updates constitutes acceptance of the revised Privacy Policy.

Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user (as defined in the Terms of Use); (iii) The creation, uploading, sharing, or promotion of products or services, including any claims of intellectual property infringement, defamation, or violation of rights; or (iv) Any breach of this Privacy Policy, including failure to deliver services as agreed upon, cancellation of orders without notice or valid reason, or any violation of applicable laws or regulations. This indemnification obligation shall survive the termination or suspension of the your account and the use of the Site. (v) any and all claims in relation to any and all services that are promoted, listed, or purchased and/or consumed by you on the Site.  

Limitation of Liability

The Company is not responsible for any breach of security or for any actions or inactions of any third parties that receive your Personal Information.

The Company shall and will not be liable for (i) a loss including, but not limited to, loss of use, loss of goodwill, loss of data, if such loss is caused as by tort (including negligence), breach of contract or otherwise, if reasonably foreseeable, or (ii) damage caused by viruses or other technologically harmful material that may infect either Company’s or your computer equipment, computer programs, data or other proprietary material loss of business or anticipated savings, due to the products and services provided by SBA.

To the fullest extent permissible by law, the Company shall not be liable for any damages arising under these terms or out of your use of, or inability to use the Site, for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under this Privacy Policy or out of your use of, or inability to use, the Site, even if SBA has been advised of the possibility of such damages or losses.

Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.  

As stated hereinabove, the term “Force Majeure Event” shall mean any event that is beyond the reasonable control of SBA and shall include, without limitation, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of the Company and which the Company is not able to overcome.

Applicability of the Terms of Use

This Policy shall be supplementary to the Terms of Use. Words and expressions used in this Policy but not defined herein shall have the meanings ascribed to them in the Terms of Use. To the extent any provision of this Policy does not conflict with the Terms of Use, the Terms of Use shall apply to this Policy. In the event of any conflict between this Policy and the Terms of Use, the interpretation placed by SBA shall be final and binding on you.

Governing Laws and Dispute Resolution

This Privacy Policy is governed by the laws of Canada and the laws of India. Any disputes arising out of or related to this Privacy Policy will be subject to the exclusive jurisdiction of the courts in Ontario, Canada, unless otherwise agreed in writing.

Contact Us

For inquiries, complaints, or requests relating to this Privacy Policy, please contact:

Privacy Officer, SBA Insights Inc.

Email: varshav@sbainsights.com

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