Privacy & Policy This privacy policy is an electronic record in the form of an electronic contract formed under the information technology act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. This privacy policy does not require any physical, electronic or digital signature. read more
This privacy policy is a legally binding document between you and paykart (both terms defined below). The terms of this privacy policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the “accept” button or by use or the app or by other means) and will govern the relationship between you and paykart for your use of the app (defined below). This document is published and shall be construed in accordance with the provisions of the information technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 under information technology act, 2000; that require publishing of the privacy policy for collection, use, storage and transfer of sensitive personal data or information Please read this privacy policy carefully. By using the app, you indicate that you understand, agree and consent to this privacy policy. If you do not agree with the terms of this privacy policy, please do not use this app. You hereby provide your unconditional consent or agreements to paykart as provided under section 43a and section 72a of information technology act, 2000. By providing us your Information or by making use of the facilities provided by the APP, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Paykart as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person. The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Paykart and the terms “You” / “Your” / “Yourself” refer to the users. This Privacy Policy is a contract between You and the respective Paykart entity whose APP You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and condition of the respective Paykart entity and its respective APP or nature of business of the APP.
Personal Information
Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
Your user name along with Your password
Your name
Your address
Your telephone number
Your e-mail address or other contact information
Information regarding your transactions on the APP, (including sales)
Your financial information such as bank account information or credit card or debit card or other payment instrument details
Internet Protocol address
Any other items of ‘sensitive personal data or information’ as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
Identification code of your communication device which You use to access the APP or otherwise deal with any Paykart entity,
Any other Information that You provide during Your registration process, if any, on the APP
Such Personal Information may be collected in various ways including during the course of You
registering as a user on the APP, We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access PaykartAPP through a social media service or connect a service on APP to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the PaykartAPP or otherwise deal with any Paykart entity through social media services or when you connect any APP to social media services, you are authorizing Paykart to collect, store, and use and retain such information and content in accordance with this Privacy Policy.
Non-Personal Information
Paykart may also collect information other than Personal Information from You through the APP when You visit and / or use the APP. Such information may be stored in server logs. This Non-Personal Information would not assist Paykart to identify You personally.
This Non-Personal Information may include:
Your geographic location
Details of Your telecom service provider or internet service provider
The type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.)
The operating system of Your system, device and the APP You last visited before visiting the APP
The duration of Your stay on the APP is also stored in the session along with the date and time of Your access
Non-Personal Information is collected through various ways such through the use of cookies. Paykart may store temporary or permanent ‘cookies’ on Your Mobile
Ads:Paykart may use third-party service providers to serve ads on behalf across the internet and sometimes on the APP. They may collect Non-Personal Information about Your visits to the APP, and Your interaction with our products and services on the APP
Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy
You hereby represent to Paykart that
The Information you provide to Paykart from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to GCards
Your providing the Information to Paykart consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees
Paykart and each of Paykart entities, officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Paykart. You shall indemnify and hold harmless Paykart and each of Paykart entities, officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above
Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws
Purpose for collecting, using, storing and processing Your Information
Paykart collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Paykart entities and shall include the following
To facilitate Your use of the APP or other services of Paykart entities
To respond to Your inquiries or fulfill Your requests for information about the various services offered on the APP
To send You important information regarding the APP, changes in terms and conditions, user agreements, and policies and/or other administrative information
To send You surveys and marketing communications that Paykart believes may be of interest to You
To personalize Your experience on the APP by presenting advertisements, products and offers tailored to Your preferences
To help You address Your problems incurred on the APP including addressing any technical problems
For proper administering of the APP
To conduct internal reviews and data analysis for the APP (e.g., to determine the number of visitors to specific pages within the APP
To improve the services, content and advertising on the APP
To provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple APPs and applications
To facilitate various programs and initiatives launched by Paykart or third party service providers and business associates
To analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
To conducting academic research and surveys
To protect the integrity of the APP
To respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law
To conduct analytical studies on various aspects including user behavior, user preferences etc
To implement information security practices
To determine any security breaches, computer contaminant or computer virus
To investigate, prevent, or take action regarding illegal activities and suspected fraud
To undertake forensics of the concerned computer resource as a part of investigation or internal audit
To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any APP or by Paykart
To enable a potential buyer or investor to evaluate the business of Paykart
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Paykartentities or any person on their respective behalf, and the collection of Information is necessary for the Purposes
Sharing and disclosure of Your Information
You hereby unconditionally agree and permit that Paykart may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Paykart entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Paykart under applicable law
You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Paykart transfers Your Information to any other entity within or outside Your country of residence, Paykart will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy
Paykart may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programs or initiatives launched by Paykart, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Notwithstanding the above, Paykart will use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for buying products or availing services on Paykart. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments
Paykart may also share Personal Information if Paykart believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party
Links to third party APPs
Links to third-party advertisements, third-party APPs or any third party electronic communication service may be provided on the APP which are operated by third parties and are not controlled by, or affiliated to, or associated with, Paykart unless expressly specified on the APP
Paykartis not responsible for any form of transmission, whatsoever, received by You from any third party APP. Accordingly, Paykart does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party APPs, nor does Paykart control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party APPs. The inclusion or exclusion does not imply any endorsement by Paykart of the third party APPs, the APP’s provider, or the information on the APP. The information provided by You to such third party APPs shall be governed in accordance with the privacy policies of such third party APPs and it is recommended that You review the privacy policy of such third party APPs prior to using such APPs
Security & Retention
The security of your Personal Information is important to us. Paykart strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Paykart adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Paykart stores Your Personal Information. Each of the Paykart entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Paykart entities from any claim of damages under contract or under tort
If you choose a payment gateway to complete any transaction on APP then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS)
Paykart may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Paykart is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Paykart is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party APPs, even if links to such third party APPs are provided on the APP)
Notwithstanding anything contained in this Policy or elsewhere, Paykartshall 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 defined below)
Further Acknowledgements
You hereby acknowledge and agree that this Privacy Policy,
is clear and easily accessible and provide statements of Paykart policies and practices with respective to the Information
provides for the various types of personal or sensitive personal data of information to be collected
provides for the purposes of collection and usage of the Information
provides for disclosure of Information; and provides for reasonable security practices and procedures