Privacy Policy

1. Overview

ABIR Networks Private Limited (“We,” “Us,” or “Our”) prioritizes the protection and management of your personal information. This Privacy Policy is designed to elucidate the information We collect and how We utilize and safeguard it. It pertains to data collected when you access any ABIR Networks website, utilize our products, or provide non-public information to us.

Before you access any ABIR Networks website, such as at https://www.abirnetworks.com or https://www.pentestgenix.com, purchase or use ABIR Networks products or services, or provide any non- public information to Us, you should review this Privacy Statement to understand Our information collection and use practices.

2. Information We Collect

We collect certain categories of information about you and the device that you are using, particularly when you visit our websites but also when you use or purchase our products or when you provide us information to deliver you newsletters and other communications. In particular:

• Contact Information: Such as name, address, phone number, email address, and user preferences.
• Payment Information: Details required for transactions, ensuring proper payment for services.
• Device Information: Including IP addresses, browser type, operating system, and clickstream data.
• Tracking and Location Information: Insights derived from product usage, website visits, and travel patterns.
• Other Information: Images or photos captured at events hosted by ABIR Networks.

We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. ABIR Networks will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements

3. Cookies and Similar Technologies:

We employ cookies, beacons, and similar tools to analyze site usage, administer services, and save user settings. Users retain control over cookie usage at the browser level.

4. How We Use the Information:

Collected data serves to enhance our products and services, manage operations, conduct marketing, and ensure information security. It may also aid in statistical analysis, product development, and customer support.

5. How We Share Information:

Information may be shared with third-party service providers for purposes such as customer support or statistical analysis. Additionally, disclosure may occur in response to lawful requests or as required by law.

6. Accessing And Changing Your Personal Information:

Users have the right to access, correct, amend, or delete their personal information. Requests can be made through our online portal or by direct contact with us.

7. Third Party Sites and Services:

We do not assume responsibility for the privacy practices of third-party sites or services linked from ABIR Networks websites. Users should review the privacy policies of these entities before providing personal information.

8. Collection and Use of Children’s Personal Information:

ABIR Networks does not knowingly collect personal information from children under 13 years of age. Any such information discovered is promptly deleted from our systems.

9. Cross-Border Data Transfers:

We adhere to Standard Contractual Clauses for cross-border data transfers and comply with relevant data protection regulations.

10. Security:

We implement reasonable security measures to safeguard information from unauthorized access. However, absolute security cannot be guaranteed.

11. Data Retention:

Information is retained as long as necessary to provide services and fulfill legal obligations.

12. Communication Preferences:

Users can manage their communication preferences to opt out of receiving promotional emails or other communications.

13. Changes to this Policy:

We reserve the right to modify this Privacy Policy, with significant changes being communicated to users.

14. Contacting Us:

For questions or concerns regarding privacy practices, users can contact ABIR Networks Private Limited through the provided channels. If you have questions or concerns, you should first contact the ABIR Networks Privacy Administrator through the email – [email protected].

This Privacy Policy was last updated on 28-Feb-2024.

1. General Applicability

Please review these Terms of Use (referred to as “TOU”) carefully before accessing any website owned by ABIR Networks Security (“ABIR Networks”). Your use of the Websites indicates your acceptance and agreement to comply with these TOU. If you do not agree, please refrain from using the Websites. These TOU apply to all visitors and users of the Websites.

2. Limited License and Ownership

ABIR Networks grants you a limited license to copy materials from the Websites for non-commercial use within your organization or, if you are an ABIR Networks Partner, within your customer’s organization, solely in support of ABIR Networks products and services. Any other use of this information is strictly prohibited without prior written permission from ABIR Networks.

ALL CONTENT ON THE WEBSITES IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE WEBSITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ABIR NETWORKS. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE WEBSITES FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

You acknowledge and agree that ABIR Networks owns all legal rights, title and interest in and to the Websites and content contained therein, including any ABIR Networks trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide trademark and copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without ABIR Network’s prior written permission. Except as expressly provided herein, ABIR Networks does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

3. Privacy And Protection Of Information

Please refer to ABIR Network’s Privacy Policy for information regarding the collection and use of your personal information.

4. Compliance With Applicable Laws; Export Control Laws

Your access to the Websites is subject to all applicable laws and regulations. All information provided on the Websites is subject to export control laws. You agree to use the Websites in compliance with all applicable laws and regulations.

5. Trademarks

ABIR Networks Security, ABIR Networks, and the Pentestgenix logo, among other trademarks and service marks, are owned by or licensed to ABIR Networks. All other brand and product names are trademarks of their respective owners.

6. General Disclaimer and Indemnity

Although ABIR Networks has attempted to provide accurate information on the Websites, ABIR Networks assumes no responsibility for the accuracy of the information. ABIR Networks may change the programs, services or products mentioned at any time without notice. Mention of non-ABIR Networks products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

You acknowledge that temporary interruptions in the availability of the Websites may occur from time to time as normal events. ABIR Networks takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Websites. The content at the Websites may be out of date, may refer to products, programs or services that are not or are no longer available in your geographic location, or may include technical inaccuracies or typographical errors. The Websites are made available internationally and may contain references to products, programs and services of ABIR Networks and/or its suppliers that are not available in your location. Such references do not imply that ABIR Networks or its suppliers intend to make available such products, programs or services in your location.

ALL INFORMATION PROVIDED ON THE WEBSITES ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ABIR NETWORKS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ABIR NETWORKS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR ANY ABIR NETWORKS SOFTWARE OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ABIR NETWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Upon the request of ABIR Networks, you agree to defend, indemnify and hold harmless ABIR Networks and its suppliers, affiliates, and their representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the Websites.

7. Links to Third Party Sites

The Websites may contain links to third-party sites. ABIR Networks is not responsible for the accuracy or reliability of any information on these sites and provides links for convenience only.

8. Access to Password Protected/Secure Areas

Access to password-protected areas of the Websites is restricted to authorized users. You are responsible for the security of your account information.

9. Submissions

Any information sent to ABIR Networks, excluding purchase information, will be deemed non-confidential and non-proprietary. By submitting information, you grant ABIR Networks a perpetual, royalty-free license to use it for any purpose.

You are prohibited from posting any unlawful or inappropriate content on the Websites.

10. Copyright Policy

You may not post copyrighted materials without permission. ABIR Networks may terminate accounts of users who infringe copyright or proprietary rights.

If you believe your copyright has been infringed, please contact us with relevant information.

11. Miscellaneous

These TOU constitute the entire agreement between you and ABIR Networks and govern your use of the Websites. They are governed by the laws of India. ABIR Networks reserves the right to revise these TOU at any time.

1. Effective as of April 1, 2022This Master Agreement (the “Agreement”) is a binding, legal contract between ABIR NETWORKS PRIVATE LIMITED. and/or one of our Affiliates (“Pentestgenix,” “we” or “us”) and you, the entity making purchases under this Agreement and its Affiliates (“you”).BY CLICKING “I AGREE” WHEN PROMPTED, SIGNING BELOW, OR ORDERING, PURCHASING, ACCEPTING, RESELLING OR USING ABIR NETWORKS PRODUCTS, YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO ABIDE BY ITS TERMS, INCLUDING ALL APPLICABLE “PRODUCT TERMS OF USE.” IF YOU ACCEPT ON BEHALF OF A BUSINESS OR LEGAL ENTITY, YOU REPRESENT AND WARRANT YOU HAVE THE AUTHORITY TO BIND THAT LEGAL ENTITY TO THIS AGREEMENT AND “YOU” WILL REFER TO THAT LEGAL ENTITY. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, DISCONTINUE USE OF ABIR NETWORKS PRODUCT IMMEDIATELY. ACCEPTANCE OF THIS AGREEMENT IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT.NOW, THEREFORE, you agree as follows:

   1. DEFINITIONS

   • “Change Order Request” written requests to change the scope of Services described in a Statement of Work.
   • “You Materials” means data, information and any other materials provided by You and also those required by ABIR Networks to perform the Services, including, but not limited to, any data, information or materials specifically identified in the Statement of Work.
   • “Confidential Information” means: (i) You Materials and ABIR Networks Materials; and (ii) any business or technical information of ABIR Networks or You that is designated by a party as “confidential” or “proprietary” at the time of disclosure or due to its nature or under the circumstances of its disclosure the party receiving such information knows or has reason to know should be treated as confidential and / or proprietary.
   • “Deliverables” refers to those described in SOW excluding ABIR Networks Materials.
   • “Intellectual Property Rights” means and include patents, copyright, trademark registrations and other intellectual property rights, whether registered or not, with respect to the Services and the Deliverables.
   • “Party” refers to ABIR Networks or You, individually.
   • “Parties” refers to ABIR Networks and You, collectively.
   • “ABIR Networks Materials” includes data, information, methodologies, processes and other materials used by ABIR Networks to perform the Services, including all rights thereto.

   2. SERVICES

   • Relationship of the Parties- ABIR Networks will be performing the Services as an independent contractor with high standard of business ethics, is not an employee, agent, joint venture or partner of You and neither Party has any authority to bind each other by contract or otherwise. ABIR Networks acknowledges and agrees that its personnel are not eligible for or entitled to receive any compensation, benefits or other incidents of employment that You makes available to its employees. ABIR Networks is solely responsible for all taxes, expenses, withholdings, and other similar statutory obligations arising out of the relationship between ABIR Networks and its personnel.
   • Statements of Work– From time to time, You and ABIR Networks may execute statements of  work, substantially in the form attached hereto as Exhibit A, that describe the specific services to be performed by ABIR Networks, including any work product to be delivered by ABIR Networks (as executed by the parties, a “Statement of Work”). Each Statement of Work between the Parties, whether expressly referring to this Agreement or not, will form a part of this Agreement, and will be subject to the terms and conditions contained herein.
   • Changes to Statement of Work-You may submit to ABIR Networks written requests to change the scope of Services described in a Statement of Work. ABIR Networks may, at its discretion, consider such Change Order Requests, but ABIR Networks has no obligation to do so. If ABIR Networks elects to consider such a Change Order Request, then ABIR Networks will promptly notify You if it believes that the Change Order Request requires an adjustment to the fees or to the schedule for the performance of the Services. In such event, the parties will negotiate in good faith a reasonable and equitable adjustment to the fees and/or schedule, as applicable. ABIR Networks will continue to perform Services pursuant to the existing Statement of Work and will have no obligation to perform any Change Order Request unless and until the parties have agreed in writing to such an equitable adjustment.
   • Your Responsibilities -In connection with each Statement of Work, You will: (i) provide appropriate personnel who are capable of performing You’s duties and tasks under the Statement of Work; (ii) provide ABIR Networks with access to You’s sites and facilities during You’s normal business hours and as otherwise reasonably required by ABIR Networks to perform the Services; (iii) provide ABIR Networks with such working space and office support (including access to telephones, photocopying equipment, and the like) as ABIR Networks may reasonably request; and (iv) perform You’s duties and tasks under the Statement of Work, and such other duties and tasks as may be reasonably required to permit ABIR Networks to perform the Services. You will also make available to ABIR Networks You Materials and You will be responsible for ensuring that You Materials are accurate and complete.
   • Contacts– Each party will designate in each Statement of Work an individual who will be the primary point of contact (the “Primary Contact”) between the parties for all matters relating to the Services to be performed hereunder. A party may designate a new Primary Contact by written notice to the other party and places where contact is not specified, executive director of the You shall be point of contact.
   • No Exclusivity– Nothing in this Agreement will be deemed to restrict or limit ABIR Networks’s right to perform similar services for any other party or to assign any employees or subcontractors to perform similar services for any other party.

   3. INVOICING AND PAYMENTS

   Refer to Technical SOW for details about invoices, payments etc.

   4. INTELLECTUAL PROPERTY

   • Intellectual Property- ABIR Networks hereby assigns to You all rights, title and interest, in and to the Deliverables including all intellectual property rights therein arising from performance of this Agreement, provided, however, that such assignment does not and shall not include any ABIR Networks Materials. Subject to the terms and conditions of this Agreement, to the extent (if at all) any ABIR Networks Materials incorporated are into the Deliverables, ABIR Networks grants to You a non-exclusive, non-transferable, royalty-free, worldwide license to use ABIR Networks Materials for the internal business use. ABIR Networks Materials shall be used only in conjunction with the Deliverables and not independently.

   5. CONFIDENTIAL INFORMATION

   • Confidential Information– Confidential Information should be treated as confidential and / or proprietary of the disclosing party.
   • Exclusions– Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; (iv) is rightfully received by the receiving party from a third party without restriction on use or disclosure; or (v) is disclosed with the prior written approval of the disclosing party.
   • Use and Disclosure Restrictions– Each party agrees not to use the other party’s Confidential Information except as necessary for the performance or enforcement of this Agreement and will not disclose such Confidential Information to any third party other than its employees and subcontractors who have a bona fide need to know such Confidential Information for the performance or enforcement of this Agreement; provided that each such employee and subcontractor is bound by a written agreement that contains use and nondisclosure restrictions consistent with the terms set forth in this Section. Each party will employ all reasonable steps to protect the other party’s Confidential Information from unauthorized use or disclosure, including, but not limited to, all steps that it takes to protect its own information of like importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information: (i) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order or requirement; (ii) to its legal or financial advisors; (iii) as required under applicable securities regulations; and (iv) subject to customary restrictions, to present or future providers of financial capital in or acquirers of such party.

   6. TERM AND TERMINATION

   • Term– This Agreement will commence on the Effective Date and, unless terminated earlier in accordance with the terms of this Agreement, will remain in force and effect for as long as ABIR Networks is performing Services pursuant to any Statement of Work. Apart from the same, the duration of the agreement shall be 12 months subject to the renewal for further period in manner as may be mutually decided by the parties.
   • Termination-
     • Without cause– Either Party may terminate this Agreement at any time by giving the other Party not less than thirty (30) days prior written notice.
     • For cause– In the event of breach of agreement and when the same is not cured within thirty (30) days written notice, the affected Party may, without prejudice to any other rights it may have, provide further opportunity and failing remedy, terminate the Agreement forthwith.
     • Immediate termination– In the following events either party may terminate the Agreement, immediately: [i] if the other Party breaches its confidentiality obligations hereunder, or [ii] makes an assignment for the benefit of creditors, or [iii] becomes subject to a bankruptcy proceeding, or [iv] is subject to the appointment of a receiver, or [v] admits in writing its inability to pay its debts as they become due [vi] if the party breaches high business ethics practices and contact with other party with motive to take direct benefits.
     • Consequence of termination– Within 10 calendar days of termination of this Agreement for any reason, ABIR Networks shall submit to You an itemized invoice for any outstanding fees or expenses previously accrued or incurred under this Agreement and the same shall be settled by You within 15 days of receipt thereof and the You shall not pay any amount if the termination of agreement happens due to breach of clause 6(c)(vi).

   7. LIMITATION OF LIABILITY

   IN NO EVENT WILL ABIR NETWORKS OR YOU BE LIABLE TO EACH OTHER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES OR ANY WORK PRODUCT PROVIDED BY ABIR NETWORKS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ABIR NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ABIR NETWORKS’S TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO ABIR NETWORKS BY YOU DURING THE PRECEDING 12 MONTHS [TWELVE MONTHS] MONTHS IN RESPECT OF THE MATTER GIVING RISE TO THE CLAIM UNDER RELEVANT STATEMENT OF WORK.

   8. INDEMNIFICATION

   Each party (an “indemnifying party”) will defend (or settle), at its expense, any action brought against the other party (an “indemnified party”) by a third party to the extent that it is based upon a claim for bodily injury, personal injury (including death) to any person, or damage to tangible property resulting from the negligent acts or willful misconduct of the indemnifying party or its personnel hereunder, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are awarded in final judgment against the indemnified party (or are payable in settlement by the indemnified party); provided that the indemnified party: (i) promptly notifies the indemnifying party in writing of the claim; (ii) grants the indemnifying party sole control of the defense and settlement of the claim; and (iii) provides the indemnifying party, at the indemnifying party’s expense, with all assistance, information and authority reasonably required for the defense and settlement of the claim. The indemnifying party will have no obligation under this Section to the extent any claim is based on the negligent acts or willful misconduct of the indemnified party or its employees or subcontractors.

   9. NON-SOLICITATION

   • During the term of this Agreement and for a period of twelve (12) months thereafter, neither party nor its You for whom services may be rendered will, directly or indirectly, hire, recruit or otherwise solicit for employment each other’s employees or subcontractors without the express prior written approval of each other. This requirement shall not be applicable for recruitments made pursuant to advertisements in general media, not targeting specific resources.
   • As expressed in the previous clauses, the ABIR Networks shall maintain high integrity, confidentiality, strong business ethics and does not contact with the client of the You neither to the director, officer, employee or any other connected person of the client at any time as long as agreement remain in force and at any time for 1 year after the termination of the agreement.
   • Notwithstanding anything contained in Clause No.7, In case of breach of clause 9.2 as above, the ABIR Networks shall pay compensation on account such breach an amount equivalent to the double the amount of benefits derived by ABIR Networks from client or director, officer, employee or any other connected person of the client and such compensation shall become payable immediately.

   10. GENERAL MATTERS

   • Assignment– ABIR Networks may not assign this Agreement without You’s prior written consent [such consent not to be unreasonably withheld], except that ABIR Networks may assign this Agreement, without You’s consent, to an affiliate or to a successor or acquirer, as the case may be, in connection with a merger or acquisition, or the sale of all or substantially all of ABIR Network’s assets or the sale of that portion of ABIR Network’s business to which this Agreement relates. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties’ permitted successors and assigns.
   • Governing Law– This Agreement will be governed and construed in accordance with    the laws of the India and the Parties hereto consent to the exclusive jurisdiction of the courts in the city of Mumbai, India for the resolution of disputes thereto.
   • Notices– All notices required or permitted under this Agreement will be in writing and delivered in person, by email, by confirmed facsimile transmission, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt. All communications shall be sent to the addresses set forth above or to such other address as may be specified by either party to the other party in accordance with this Section.
   • Waiver- The waiver of any breach or default of any provision of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent breach or default.
   • Entire Agreement– This Agreement, including all Statements of Work, constitutes the  entire and exclusive agreement of the parties regarding its subject matter and supersedes any and all prior or contemporaneous agreements, communications, and understandings (both written and oral) regarding such subject matter. In the event of a conflict between the provisions of this Agreement and the provisions of a Statement of Work, the provisions of the Statement of Work will govern and control. This Agreement may only be modified or any rights under it waived by a written document executed by both parties.
   • Severability– If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
   • Force Majeure–  Neither party will be responsible for any failure or delay in its performance under this Agreement (except for the payment of money) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, acts of terror, riot, acts of God, pandemics, epidemics or governmental action.