This privacy policy (“Policy”) governs the use of information by Flexidigital Tech Private Limited, a company incorporated under the laws of India and having its registered address at House No. 210, 4th Floor, Block M, Shastri Nagar, North West, Delhi – 110052 (hereinafter referred to as “Company”, “us” “our”, “we”, which shall mean and include its affiliates, successors and assigns) that is obtained through the use of its website https://trustpaisa.com/ and mobile application (collectively “Platform”) and any of its features, functions and related services (“Services”).

This Policy has been prepared in accordance with the Information Technology Act, 2000, the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and guidelines, directions, regulations, circular or rules issued by the Reserve Bank of India (“RBI”) to the extent applicable.

This Policy describes our policies for collection, use, storage, processing, disclosure and protection or any information including but not limited to, Personal Information provided by you as an end user (hereinafter referred to as “you”, “User”) while using the Platform on any device, and your privacy rights. This Policy applies to all information we process in connection with your relationship with us as a customer or potential customer.

This Policy constitutes a legal agreement between you, as the end user of the Platform and the Company, as the owner of the Platform. You must be a natural person, citizen of India, who is at least 18 years of age and eligible to enter into a binding contract under the Indian Contract Act, 1872.

By visiting/accessing the Platform, using our Services and voluntarily providing us with information, you are consenting to our use of your information in accordance with this Policy. We may seek your consent through a separate consent form detailing required data points, purpose of collection, disclosure of entities with whom such information might be shared, if so required under any applicable law for the time being in force. If you do not agree with the terms and conditions of this Policy, please do not proceed further to use/access this Platform.

This Policy is a part of the Terms and Conditions which is incorporated herein by reference. Your use of this Platform will be governed by this Policy together with all policies, guidelines, disclaimers, notices that are published on the Platform and/or shared with you from time to time and such other terms as may be applicable to you as a user of the Platform.

I. COLLECTION OF INFORMATION

A. Information provided by you

For provision of Services, we may ask you to provide us with certain personally identifiable information which includes without limitation any information concerning the personal or material circumstances of an identified or identifiable user, e.g. name, e-mail address, gender, date of birth, postal address, phone number, a unique login name, password, password validation, marital status, family details, business information and other details shared via application form or via email or via any other medium by you (“Personal Information”).

We shall collect all Personal Information with your explicit consent in a specific consent form. We will indicate the mandatory and the optional fields against the information requested from you. You always have the option to not provide your Personal Information by choosing not to use a particular service or feature on the Platform. We will ask you to provide only such information that is lawfully and operationally required and necessary for providing Services to you.

We act as a technology service provider for facilitating the provision of loans and credit facilities to you through our financial/lending partners such as banks, NBFCs, and other entities which are duly licensed by the Reserve Bank of India for engaging in or providing lending services (“Financial Partners”) and for provision of ancillary services in relation to loans they provide to you. This Policy sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be processed and stored by us.

(i) Facilitating the Provision of Loans:

Information that we collect: We collect the following Personal Information from you with your explicit consent as per instructions from our Financial Partners for processing of loan application. (a) Name, (b) Mobile Number, (c) Gender, (d) PAN number, (e) Work email id, (f) Pin code, (g) Employer name, (h) Mother’s name, (i) Current residential address, (j) Office address, (k) Bank account number, (l) Bank statements, (m) Aadhar card, (n) Driver license, (o) Any other KYC documents issued by Government, (p) Income details; (q) geographic information  (r) Any other information as required by Financial Partners.

We do not access mobile phone resources like file and media, contact list, call logs, telephony functions and others or collect any biometric data.

Camera, location and microphone access: In order to register your profile on our Platform and for the onboarding process for the loan services, we may require your microphone, location and camera usage. Such usage shall be as per the instructions of our Financial Partners and shall be collected by seeking a one-time access from you.

Sharing of Information: We share the aforesaid information with the Financial Partners and third parties for authentication through OTP, to contact you regarding any loan product you display interest in or for completing a loan application, KYC check, collection of KYC documents, bank authentication purpose, to perform employment checks, for NACH registrations, and loan repayment purposes.

(ii) Marketing and Promotion:

By accessing and using our Platform, you hereby agree that you are interested in acquiring knowledge and availing various financial and credit products, and services. You, while providing information, expressly consent to us for contacting and communicating with you through SMS, calls, emails.

Sharing of Information: We share your information with third parties and a network of Financial Partners to enable them to contact you in relation to marketing and promotional campaigns.

(iii) Customer Support:

You may write to us at https://trustpaisa.com/contact-us for any customer support in relation to the Services provided by us. We collect the information that you provide when you write to us for support to improve our Services.

Sharing of information: We share your information with third parties and the Financial Partners to provide effective customer support Services.

By writing to us, you provide your express consent to us to use the information listed in this Clause for purposes mentioned in this Clause.

B. Information we receive from other sources (“Third Party Information”)

i. From Financial Partners: 

We may receive information related to your loan transactions from our Financial Partners if we are providing ancillary services to the Financial Partners such as collection of outstanding dues with respect to loan product provided to you by the Financial Partners or for processing of your loan application.

Sharing of information: We may share such information with our subcontractors who will be using this information to provide services as outsourced to us by our Financial Partners.

ii. From Third Parties: 

We may receive information about you from the UIDAI servers for e-KYC and e-Sign services basis your request and consent to help us create your profiles, complete mandatory KYC as part of the preliminary loan onboarding process with our Financial Partners. Such information with third party sources is subject to and governed by the privacy policies of relevant third party.

Sharing of information: We may share such information with our Financial Partners for the conduct of KYC and other onboarding processes.

iii. Through Tracking and Cookies

Cookies are small data files that a website stores on your computer. We will use cookies on our website similar to other lending websites / apps and online marketplace websites / apps. We may use website cookies to distinguish you from other users of the Platform. The cookies are either used to improve the quality of the portals or for storing your preferences as a user, improving search results, and tracking user trends. You will always have the option of declining cookies but if you choose to do so, it might affect the services rendered in some manner.

Sharing of information: We may share any information obtained through cookies or tracking technologies with our service providers who assist us in optimizing your experience in our Platform to the extent permissible under applicable law.

II. USE OF PERSONAL INFORMATION

The information that we collect from you will be used to allow us to perform the Services. We may use your Personal Information to:

a. Facilitate your use of the Platform’s Services, and/or access to the registration of your Platform  account, if any;
b. Verify your identity and contact details;
c. Provide our Services;
d. Process transactions and send notices about your transactions;
e. Contact you and update you on the performance of our Services;
f. Communicate with you and process your requests;
g. Offer surveys, promotions, and marketing communications;
h. Improve our Platform content and layout;
i. Improve our Services;
j. Respond to any inquiries, comments, or concerns regarding our Services;
k. Provide customer support;
l. Collect delinquent accounts;
m. Exercise our legal rights for the protection of our interests;
n. Other specified and legitimate purposes are determined and declared before, or as soon as reasonably practicable after collection of the Personal Information.

We do not share your Personal Information with any third parties for their business purposes, such as, including without limitation, marketing and advertising without your express consent and authorization.

III. SHARING OF PERSONAL INFORMATION

Any disclosure by us to third parties is subject to the following: 1. If we are under a duty to disclose or share your Personal Information in order to comply with any legal or regulatory obligation or request, we shall not seek your explicit consent however we shall reasonably endeavor to notify the same to you accordingly as the case may be. 2. We shall take your express consent in the event we share your Personal Information with third parties. 3. We shall share your information with third parties only on a need basis and only for the purpose stated hereunder, as per the applicable laws. 4. We shall additionally seek your express consent through a separate consent for at appropriate stages of data collection, if so required under applicable laws. 5. Usage of your information by such third parties is subject to their privacy policies. We share limited information with them, strictly to the extent required. We recommend you have a look at the privacy policies of such third parties.

We will not be liable for the transfer of any personal identification information resulting from, power failures, natural phenomena, riots, act(s) of vandalism, sabotage, terrorism or any other event beyond our control. Further, our Policy does not cover the use of cookies by its partners and affiliates since we do not have access to or control over such cookies.

We may share your Personal Information with third parties, which includes, but is not limited to the following entities:

a. Our Financial Partners to provide you with the Services and loan facilities;
b. Affiliates and subsidiaries, to assist in providing the Services listed in the Platform, to help detect and prevent potentially illegal acts and       violations of Our policies, and to provide proper data analytics on the use of the Platform; 
c. Marketing partners to provide you with promotional offers;
d. with another business entity should we (or our assets) merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business for continuity of business;
e. Third party service providers or subcontractors to perform tasks on our behalf and are obligated not to disclose, use, or store your Personal Information for any other purpose.

Here is the list of entities with whom your information is shared which may be amended from time to time:

a. Hagnosoft Technologies Private Limited which conducts its business activities under brand name Creysto (https://creysto.com/);
b. Experian Credit Information Company of India Limited which conducts its business activities under brand name Experian (https://www.experian.com/);
c. Finbonacci Softsys Private Limited which conducts its business activities under brand name FinBit (https://prod.finbit.io/);
d. SEON Technologies Kft. which conducts its business activities under brand name (https://seon.io/); and
e. Juicyscore Holding Pte. Ltd. which conducts its business activities under brand name (https://juicyscore.ai/en). 

We may disclose your information if we are under a duty to do so in order to comply with any legal obligation or an order from of the government and/or a statutory authority. We shall not seek your explicit consent while sharing your information for such regulatory or legal requirements as well as for our Financial Partners for the purpose of making Users get the loan.

Except as required under applicable laws or pursuant to a court / government order, any information or data shared by us with third parties shall be disclosed pursuant to a confidentiality agreement which inter alia restricts such third parties from using the said data only for the purpose of provisioning the Services to us to enable us to provide Services to you and also restrict further disclosure of the information unless such disclosure is for the purpose as detailed under that confidentiality agreement.

IV. YOUR RIGHTS

With respect to the information collected by us to provide Services, you have the following rights available to you:

A. Right to deny:

You may deny consent to provide any information required by us, restrain us from sharing information with Financial Partners or third parties (as the case maybe), refuse storage of information or not provide us the right to contact you.

B. Right to withdraw consent with respect to use of information and right to be forgotten:

You have the right to withdraw consent previously provided to us with respect to our usage of your information and you have the right to require the Platform to delete/ forget the data relating to you. Right to withdraw consent includes consent provided to us previously for specific use of information, storing of information, sharing your information with third parties and Financial Partners and consent to contact you.

Basis your request, we shall purge the information provided by you if there is no legal requirement to retain such information. However, we reserve the right to retain information to the extent required for below mentioned purposes:

i. Comply with applicable laws;
ii. Enforce our legal rights; or
iii. To provide any information required by regulatory authorities investing any fraud or illegal activities.

However, Financial Partner may contact you regarding the loan application and payment of dues and shall continue processing your information, if your application for provision of loan was sent to Financial Partner or if you have availed any loan from our Financial Partner till all dues of loan are paid. The Financial Partner may store your information for as long as required to be stored per applicable laws. The Financial Partner may also require us to retain information in circumstances when the Financial Partner has outsourced any services in relation to loan product such as collection of dues to us and in such cases, we will be required to retain your information.

C. Right to rectify: 

We disclaim all liability and responsibility for the authenticity of the information provided by you to us. However, you have the right to review and correct, update and/or amend your information provided to us previously for it to be accurate, complete and up to date.

However, kindly note that in a situation where you deny consent, withdraw consent, avail the right to be forgotten, or provide inaccurate information, you may not be able to avail the entire scope of our Services, and in such instance, we reserve the right to not provide you access to our Services or any part thereof.

D. Report an issue: 

You have a right to report a security incident to the GRO (detailed mentioned hereinbelow). You are entitled to prevent unauthorised usage of your information by our personnel/agents by informing us, within 10 days of being informed of the proposed use, that you do not wish to disclose such information. You can also exercise the right at any time by contacting us at [email protected].

V. SPECIAL NOTICE – MINORS

Use of the Platform is not aimed at persons under 18 years old and we will not collect, use, provide or process in any other form any Personal Information of persons under the age of 18 deliberately.

We therefore also ask you, if you are under 18 years, please do not send us your Personal Information (for example, your name, address and email address). If you are under 18 years old and you nevertheless wish to ask a question or use this Platform in anyway which requires you to submit your Personal Information, please get your parent or guardian to do so on your behalf.

VI. DATA RETENTION AND DELETION

We shall not store any Personal Information of the Users except for some basic minimal data (viz. name, address, contact details, etc.) that may be required to carry out operations unless stated otherwise herein. The information we collect from you shall be retained for a period of time consistent with the purpose of collection of such information. We keep your data for no longer than a reasonable period of time needed for us to pursue our legitimate business interests, conduct audits and comply with our legal obligations. We may also retain Personal Information to comply with the requirements of any laws and regulations, to prevent fraud, to resolve disputes and various troubleshoot problems, and to take other actions permitted or required by applicable laws and regulations.

VII. SECURITY

Security of your Personal Information is our priority. Except as indicated in this Policy, we do not disclose your Personal Information to third parties without your express consent. Further, the Company takes careful precautions to protect our Users’ information from unauthorized access, improper use or disclosure or unauthorized modification. We protect your Personal Information using a variety of technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. We have an information security management system framework in place that ensures up-to-date physical security, such as secure areas in offices; electronic safeguards, such as passwords, firewalls, and encryption; and secure development procedures. Access control systems are in place. Our safety and security processes are audited by a third-party cyber security audit agency from time to time. Information you and our Financial Partners provide and receive during the Services is transmitted through a secure transmission. We encrypt and store Personal Information wherever it is possible. Even though we have taken significant steps to protect your information and specifically your Personal Information, no company, including the Platform can fully eliminate security risks associated with information. We further disclaim any responsibility for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

VIII. EXTERNAL LINKS

The Platform may contain links to other third-party sites, plug-ins and applications that are not operated by us. If you click on a third-party link, you will be redirected to that third party's site. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We strongly advise you to review the privacy policy of every third-party site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

IX. PRIVACY POLICY UPDATES

We may amend this Policy at any time by posting a revised version on the Platform. We shall inform you at least once a year of our Policy for you to take note of any changes in this Policy. However, you are advised to review this Policy periodically for the latest information on our privacy practices. Changes to this Policy are effective from the date of publishing of the amended Policy. If we make any substantial changes to this Policy and the way in which we use your Personal Information, we will post these changes on the Platform and will do our best to notify you of any significant changes. By continuing to use our Services, you accept and consent to the updated terms of this Policy.

X. GOVERNING LAW AND DISPUTE RESOLUTION

This Policy shall be governed in accordance with the laws prevailing in India. The courts in New Delhi shall have the exclusive jurisdiction to resolve the disputes arising out of or in connection with this Policy.

XI. GRIEVANCE REDRESSAL

If you have questions or concerns regarding this Policy, or if you want to inquire or request for information regarding any matter relating to the processing of your respective Personal Information or have any grievance regarding use of your information which we collect, you may write to our Grievance Redressal Officer (“GRO”):

Name of the Grievance Officer: Mr. Pushkar Prasad. Email: [email protected]. Address: House No. 210, 4th Floor, Block-M Shastri Nagar Delhi - 110052.

If you require any further information or clarification, you may also contact us at https://trustpaisa.com/contact-us.

XII. FOREIGN JURISDICTION

The Company makes no representation that the content contained on the Platform is appropriate or to be used or accessed outside of India. If the Users use or access the Platform from outside India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction.

XIII. SEVERABILITY

The Company has made every effort to ensure that this Policy adheres with the applicable laws. 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.

XIV. NO WAIVER

The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

XV. EXCLUSION

This Policy does not apply to any information other than information collected by us through the Platform. This Policy will not apply to any unsolicited information provided by you through this Platform or through any other means this includes, but is not limited to, information posted on any public areas of the Platform. All such unsolicited information shall be deemed to be non-confidential and we will be free to use, disclose such unsolicited information without limitation. We also protect your Personal Information offline other than as specifically mentioned in this Policy. Access to your Personal Information is limited to employees, agents or partners and third parties, who we reasonably believe will need that information to enable us to provide Services to you.