Privacy Policy

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.
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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 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

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