PRIVACY POLICY

1. OVERVIEW

1. The following privacy policy (“Policy”) relates to use of the technology platform (“Platform”) provided by Cathect Technologies Private Limited, a private limited company incorporated and registered under the Companies Act, 2013 (“Company”) and this Policy governs the privacy of the users who choose to use such Platform/Services.

2. The Platform is used by users who are desirous of utilizing the Services (as defined in the Terms) to create End Products (as defined in the Terms) (hereinafter referred to as the “User” in this Policy). Any reference to the “User” refers to visitors on this Platform regardless of whether they access the Services or consummate any transaction on the Platform. By using the Platform provided by the Company, the User is accepting and consenting to the practices described in this Policy.

3. The Company is committed to protecting and respecting every User’s privacy and aims to keep its Users abreast with its Policy in relation to the same. This Policy (together with the Terms of Use ) sets out the basis on which any personal data that the Company collects from the Users, or that Users provide to the Company, will be processed, preserved and shared by the Company. This Policy must be read carefully to understand the Company’s views and practices regarding the User’s personal data and how the Company will treat it.

4. For the purposes of Information Technology Act, 2000, the body corporate collecting the User’s information is the Company. The Company will comply with all applicable data protection laws and regulations and will cooperate with data protection authorities.

2. USER CONSENT

The User consents to the collection, receiving, possessing, storing, dealing, sharing and/or handling of their personal information by the Company in the manner and to the extent provided under this Policy as may be modified by the Company from time to time.

3. SCOPE

5. This Policy applies to all non-public, online and offline, collected, stored, processed, transferred and used personal data of the Users who share their personal data with the Company.

6. The Company does not offer Services on its Platform to persons who have not attained the age of majority, which is 18 years. The information of such persons is not retained by the Company and it reserves the right to cancel the accounts of such Users.

4. COMPLIANCE WITH APPLICABLE LAWS

The Users represent and warrant to the Company that they will comply with all the laws that are applicable on them. The Company shall not, in any case, be responsible for non-compliance by the User with applicable laws. The Company shall not be liable to indemnify any third party for non-compliance on the part of the User with applicable laws.

5. INFORMATION COLLECTED BY THE COMPANY

7. Information given by Users to the Company

The Users may give information to the Company about themselves by filling in forms on the Platform or by corresponding with the Company by phone, e-mail or otherwise. This includes information that the Users provide when they register to use the Platform, download and complete various forms and documents, interact with customer support and/or when they report a problem with the Platform. The information that the Users give the Company may include inter alia their name, mailing address, e-mail address, phone number, personal description, photograph, Aadhar card details, PAN number, bank account details, business financials and passport number.

8. Information that the Company collects about the Users

With regards to each of the User’s visits to the Platform, the Company may automatically collect the following information:

1. technical information, including the internet protocol (IP) address used to connect the User’s phone or tablet to the Internet, User login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

2. information about the User’s visit, including the full uniform resource locators (URL) clickstream to, through and from the Platform (including date and time); products or services viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call the Company’s customer service number.

9. Information that the Company receives from other sources 

3. The Company is also working closely with third parties (including, for example, business partners, payment and delivery services, advertising networks, analytics providers, search information providers, etc.) and may receive information about Users from them.

4. Where a User is availing services offered by the Company the Company may request inter alia credit history and rating information from third party agencies or credit bureaus, CIBIL scores, and historic financial information in order to conduct an evaluation exercise of the credit worthiness and gauge the financial abilities of the User.

5. Information relating to income and expenses obtained through bank SMS scraping and through integration with such service providers, credit related information that is collected from other sources like the credit bureau, information collected through Facebook, Twitter, LinkedIn or other social media accounts of the Users which have been linked to the account on the Platform.

10. Sensitive Personal Data and Information

The Company shall not solicit any “sensitive personal data and information” on the Platform in relation to Users unless required for providing Services. This Sensitive Personal Data or Information is collected after taking the User’s consent and by accepting the terms of this Policy, the User agrees to disclosure of his/her sensitive personal data or information by the Company.

“Sensitive personal data or information” of a person (as defined under Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) means such personal information which consists of information relating to:

1. password;
2. financial information such as bank account or credit card or debit card or other payment instrument details;
3. physical, physiological and mental health condition;
4. sexual orientation;
5. medical records and history;
6. biometric information;
7. any details relating to the above clauses as provided to body corporate for providing service;
8. any information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or under any other law would not be regarded as sensitive personal data or information for the purposes of this Policy.

6. WARRANTY BY THE USER OF INFORMATION PROVIDED

11. The User shall not provide any false, deceptive or misleading information on the Platform or by any other means to the Company under any circumstances whatsoever. The User shall also ensure that if there is any change in any information or details provided at the time of creation of a registered account or otherwise, the User shall promptly update the Company of such change, as the case may be, and continue to keep all information updated and correct at all times.

12. The User shall ensure that before posting any information on the Platform or submitting the same to the Company, the User has all necessary rights, ownership, authorization or permissions to submit or share such information on the Platform or with the Company, or to otherwise act on behalf of any person whom the User purports to act on behalf of.

13. The Company may remove, in its sole discretion and without being obliged to give notice or reasons, any information submitted on the Platform in the event that such information does not comply with laws, rules or regulations for the time being in force, or if the same violates the Company’s policies or rights of third parties, or which otherwise violates or does not comply with the terms or which the Company deems is otherwise inappropriate.

7. COOKIES

14. The Platform uses cookies to distinguish a User from other users of the Platform.

15. Cookies are small data files that a website stores on the User’s device. Like most organizations, the Company uses persistent cookies which are permanently placed on the User’s device to store non-personal information and the Company’s web server automatically collects and aggregates information about the User’s visit including, but not limited to, their IP address, service provider, browser type and operating system. [While cookies have unique identification numbers, personal information (name, account number, contact numbers, etc.) shall not be stored on the cookies.] This information does not personally identify the User and the Company analyses this aggregated information only to optimize the User’s experience and enhance the time spent with the Company online.

16. Cookies help the Company to provide Users with a good experience when they use the Platform and allow the Company to improve the Platform.

17. The Users can block cookies, erase them once they have been stored, or receive a warning before a cookie is stored. The User should refer to their internet browser’s Help section for more information. However, if a User objects to the use of cookies in this way, he/she should quit using the Platform.

8. USE MADE OF THIS INFORMATION

The Company values the User’s relationship and will, at all times, strive to ensure the User’s privacy and take all reasonable steps to protect their information from misuse and keep it secure. The Company values the trust that the User has placed in it by giving it personal information. The Company will always use the personal information of the User in a way that is fair and worthy of that trust.

18. Information that the User gives to the Company 

The Company will use this information:

6. To provide User’s with information about the Company’s services;

7. To provide them, or permit selected third parties (acting on the Company’s behalf in relation to its services) to provide them, with information about the Company’s services that it feels may interest the User;

8. To notify the User about changes to the Company’s services;

9. To ensure that content from the Platform is presented in the most effective manner to the User and for the User’s device;

10. To monitor metrics such as total number of views, visitors, traffic and demographic patterns;

11. To comply with /report to administrative and judicial authorities, as may be required under applicable law.

19. Information the Company collects about the User 

The Company will use this information:

12. To administer and improve the Platform and the services provided thereon and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

13. To allow the User to participate in interactive features on the Platform, when they choose to do so and make suggestions and recommendations to the Users and other Users of the Platform about goods or services that may interest them;

14. As a part of the Company’s efforts to keep the Platform safe and secure;

15. To measure or understand the effectiveness of advertising that the Company serves to the User and others, and to deliver relevant advertising to them;

16. To design and improve the products and services, customer relationship management processes to operate the business.

20. Information that the Company receives from other sources 

The Company may combine this information with information that the User gives to them and also information that the Company collects about the User. The Company may use this information and the combined information for the purposes set out above (depending on the types of information the Company receives).

9. DISCLOSURE OF USER INFORMATION

21. The Company may share the User’s information with any member of its group, which means subsidiaries, associate companies and its ultimate holding company, as defined under applicable law or with third parties and when required to be disclosed under applicable law. However, Sensitive Personal Data or Information will not be published by the Company or by any third party.

22. SHARING WITH PARTNERS

1. When we share your personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to:

1. Assist you in using our Services;

2. Contact you with offers, services or products that may be of interest to you; and

3. Provide you with their products or services.

2. Our partners may use cookies, web beacons, pixels, tags, scripts and similar technologies in order to provide you advertising based upon your browsing activities and interests.

3. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. Please note that if you access our services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

4. Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information.

5. In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose privacy notice applies, as well as any options you may have regarding use of your information.

23. SHARING WITH THIRD PARTY SERVICE PROVIDERS AND VENDORS

1. Occasionally, we enter into contracts with carefully selected third parties to assist us in servicing you (for example, providing you with customer service, fraud detection and deterrence or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services).

2. If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order.

3. We offer features that allow you to better target who you contact through our products and services. These features allow you to optimize your campaigns, segment your lists, and better customize your offerings to your customers.  In order to do this, we partner with third parties who can provide you with information about your contacts. If both you and your contacts are located outside of the European Union, this may include demographic information and geographic location.  We require that these third parties are contractually or legally permitted to share this information with you.

4. In order to provide you with these features, we may send third parties certain pseudonymized personal data about your contacts. These third parties are prohibited from using this personal data for any purpose beyond that for which it was shared.

5. We also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.

6. Our third-party service providers and vendors may use cookies, web beacons, pixels, tags, scripts and similar technologies in order to provide you advertising based upon your browsing activities and interests.

24. SERVICE PROVIDERS. 

1. We may transfer (or otherwise make available) your personal information to third parties that help us provide our services or provide services on our behalf. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third-party service providers in India or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

25. DOMAIN REGISTRATION. 

1. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers (“ICANN”) or certain registries, the contact information you provide to register a domain name (“Domain Name Registration Information”) has to be made available and accessible to the public through a “WHOIS” search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through WHOIS searches. At times, customers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from us and we do not control the use of WHOIS information by third parties. Further, pursuant to ICANN rules, we are required to make WHOIS data available to any third party that enters into a bulk access agreement. While ICANN allows individuals to opt-out (using the account management panel, domain management console or similar service) of having their WHOIS information made available to third parties through bulk access, companies, such as ours, businesses, and other organizations do not have the ability to opt-out of having their information made available to a third party that enters a bulk access agreement. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.

26. SALE OF BUSINESS. 

1. If the Company is involved in a merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings, you will be notified via email or a prominent notice will be placed on the website of any such change in ownership or use of your personal information as well as any choices you may have regarding your personal information.

27. LEGAL AND COMPLIANCE REASONS. 

1. We may access, preserve and share your information with companies, organizations, governmental entities or individuals outside of the Company if we believe, in good faith, that the law requires us to do so. This may include, but is not limited to, responding to subpoenas, court orders or other legal processes (such as law enforcement requests). We may also access, preserve and share your information as necessary to: (i) establish or exercise our legal rights or defend against any legal claim including threatened claims involving the Company based on the anonymity of a domain name; (ii) investigate, prevent, or take action regarding suspected fraud or other illegal activities; (iii) prevent death or serious physical harm to any person; or (iv) investigate violations of our Terms of Service.

28. CORPORATE REORGANIZATIONS

1. If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information

10. DATA RETENTION

The data that the Company collects from the User may be transferred to, and stored at, a destination outside India as well. However, in most instances, it will be processed in India. The User, by submitting personal data, agrees to any such transfer, storing or processing. The Company will take all steps reasonably necessary to ensure that the User’s data is treated securely and in accordance with this Policy and other applicable laws of India including the Information Technology Act, 2000 and rules and regulations thereunder. The data collected by the Company will be retained for reasonable periods of time, in accordance with specific policies or as required by law. The data collected for a specified purpose will only be used for that purpose and, unless that information is otherwise required to be retained, after a reasonable period of time, the data will no longer be actively stored when that purpose has been fulfilled.

11. USER RIGHTS

29. The User has the right to ask the Company not to process their personal data for marketing purposes. The User can exercise this right at any time by contacting the Company.

30. The User has a right to withdraw his consent given to the Company for collection, processing, storing, etc. of any information provided by him, at any time and he may do so by sending an e-mail to the Company. In case the User does not provide or later withdraws his consent, the Company has the option to not provide services for which the said information was sought.

12. LINKS TO OTHER WEBSITES

The Platform may contain links to other websites of interest or to other third party sites, such as payment gateways. The Company is not, in any way, related to or otherwise associated with such third-party websites and does not guarantee or otherwise endorse any content and/or security of such websites. However, once the Users have used these links to leave the Platform, they should note that the Company does not have any control over that other website. Therefore, the Company cannot be responsible for the protection and privacy of any information which the Users provide whilst visiting such sites and such sites are not governed by this Policy. The User should exercise caution and look at the Policy applicable to the website in question. In no event, shall the Company be liable for any loss, damage, claim or expense caused as a result of accessing these third-party websites and/or any of their features.

13. CHANGES TO THE PRIVACY POLICY

Any changes that the Company may make to this Policy in the future will be posted on this page or, where appropriate, notified to the User by e-mail. The User is requested to check back frequently to see any updates or changes to this Policy.

14. NO REPRODUCTION

The Platform and the content provided thereon may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of the Platform and/or the materials contained thereon may violate applicable copyright, trademark or other intellectual property laws or other laws.

15. COMMUNICATIONS

The User hereby expressly consents to receive communications from the Company and/or third parties authorized by the User through their registered phone number and e-mail ID. The User agrees that any communication so received by them from the Company and/or any third parties authorized by the User will not amount to spam, unsolicited communication or a violation of their registration.

16. INDEMNITY

The User agrees to defend, indemnify and hold the Company, its affiliates and its respective officers, directors, employees, agents and representatives harmless from all claims, demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of the User’s breach of any of the Terms of Use, this Policy and other policies of the Company and any of the User’s activities conducted in connection with the Platform.

17. SEVERABILITY

The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. If any provision of this Policy is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this Policy shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.

18. TESTIMONIALS

We may display personal testimonials of satisfied customers on our Platform in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us by email at info@betteron.org.

19. GOVERNING LAW AND JURISDICTION

31. These terms and the relationship between the User and the Company shall be governed and construed in accordance with the laws of India.

32. Any dispute arising under this Policy shall be settled by amicable discussion of the User and the Company. Where the parties are unable to reach an amicable settlement within 30 (thirty) days of the dispute, the parties shall have the right to bring a suit in relation to the dispute.

33. The User agrees that all claims, differences and disputes arising under or in connection with or in relation to the terms or any transactions contemplated herein shall be subject to the exclusive jurisdiction of the courts at Mumbai (Maharashtra) and the User hereby accedes to and accepts the jurisdiction of such courts.

20. CONTACT INFORMATION AND GRIEVANCE REDRESSAL MECHANISM

The Company welcomes questions, grievances, comments and concerns about the Policy from the users. The users can contact the Company by sending an email at info@betteron.org.