DEFINITIONS

Unless otherwise expressly defined, the following terms shall have the following meanings:

• “Account” shall have the same meaning as defined in the TnCs.
• “Company” shall have the same meaning as defined in the TnCs.
• “Commercial Information” shall mean any data, knowledge or content related to financial or business or commercial activities of the User.
• “Geolocation Data” shall mean information that identifies the location of the User or the electronic devices or gadgets belonging to the User.
• “Platform” shall have the same meaning as defined in the TnCs.
• “Services” shall have the same meaning as defined in the TnCs.
• “Third Party” shall mean any other individual/entity other than the User or the Company.
• “TnCs” shall mean the terms and conditions of the Company containing the terms upon which the User will use the “PlatformApp”.
• “Usage Information” shall mean the information related to the usage of the Platform by the User as defined under clause 4.3 of this Privacy Policy.
• “User” or “Users” shall have the same meaning as defined in the TnCs.
• “User Information” shall mean the information of/belonging to the User as defined in clause 4.1 of this Privacy Policy and also the User Information defined in the TnCs.
• The capitalized terms used herein and not defined herein (if any) shall have the meaning ascribed to such terms under the TnCs.

INTRODUCTION

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If the User does not agree to the terms contained hereunder, please do not further use or access the Platform or Services.

APPLICABILITY

• The Privacy Policy is applicable to the use and access of the Platform and Services by the User.
• The Privacy Policy applies regardless of whether the User uses the Platform or Services via computer, mobile phone, tablet, television, or any other media or computer resource.
• The Privacy Policy also applies to the User who, either registers/creates an account on the Platform or whose data has been otherwise received in connection with the PlatformApp.

PERSONAL INFORMATION OF THE USER

“User Information” means and includes the personal information of the User, any data relating to identified or identifiable living person (‘data subject’ herein referred to as the ‘User’) including but not limited to, name, date of birth, address, mailing address, telephone number, email ID, bank account details including details linked to credit / debit payment instruments, information about your mobile phone, identity proof such as Aadhaar card, PAN card, video KYC, financial details, scanned copies of various documents and any other details / documents relevant for availing  the Services or  any personal details that may have been voluntarily provided by the User directly or indirectly. The User Information includes, without limitation, the User’s preferences relating to receiving marketing messages from the Company and the Company’s service providers, and User’s communication preferences.  The Company may also collect additional information on the basis of the Services rendered by the Company.

It is important that the User reads this Privacy Policy carefully because the User Information and data may be processed by the Company whenever the User uses the Platform App.

To improve its Services for the Users, the Company may collect (a) User Information, and (b) information related to the usage of the Platform the User (“Usage Information”). The User Information or the Usage Information may be collected to:

help the User in connecting with the relevant persons such as real estate promoters or agents or any Third Party for their requirements and queries.

The User Information or the Usage Information may be related to the following:

location information, if any, provided by the User while creating and registering the User Account, may be stored and associated with the User’s Account.

COOKIES AND TRACKING

The Company uses ‘session cookies’ to:

• (a) keep the User logged-in while the User uses the Platform or avails the Services,
• (b) better understand how the User interacts with the Platform and the Services, and
• (c) monitor aggregate usage and web traffic information on the PlatformApp.

Tracking technologies may record information such as:

• Internet domain and host names,
• Internet protocol (IP) addresses,
• Browser software and operating system types,
• Clickstream patterns, and
• Dates and times that the Platform is accessed.

INFORMATION SHARING AND DISCLOSURE

• As the User uses, accesses, and navigates through the Platform, the Company may collect various types of User Information.
• The information collected may or may not be personally identifiable.
• Classification of User Information:
  • Personal Information:
    • Includes personally identifiable information like the User’s name, address, age, email address, and phone number.
  • Sensitive Personal Information:
    • Includes financial information, passwords, biometric data, and medical or health-related information.
  • Other Information:
    • Includes all other non-personal or non-sensitive information such as:
      • Nature of device.
      • Usage patterns and preferences.
      • Platform access logs.
      • Local caches.
      • Location data.
      • IP address.
• The Company may use Personal Information for:
  • Granting access to the Platform.
  • Resolving User concerns/customer care issues.
  • Updating the User about changes or additions to Services or the Platform.

Use of Other Information:

• For the Company’s business purposes.
• For analytical and data usage purposes.
• To improve the PlatformApp and User experience.
• For providing targeted advertisements.

Sharing of User Information:

• With third parties if required for:
  • Compliance with applicable laws, regulations, or legal processes.
  • Protecting the Company’s rights, interests, and properties.
• With affiliates, employees, agents, and representatives.
• With credit information companies, financial institutions, and other entities as required by the RBI or other central authorities.

User Authorization:

• Authorizes electronic KYC authentication, including e-KYC, liveliness checks, and video KYC verification.
• Permits fetching of electronic KYC data from UIDAI or other sources under applicable laws.

Disclosure During Transactions:

• User information may be disclosed and transferred during:
  • Mergers, acquisitions, joint ventures, or strategic transactions.
  • Reorganizations, bankruptcies, or transitions of services.
• Data may be transferred to successors or affiliates as part of such transactions.

Payment Processing:

• Payments processed via designated channels (e.g., net banking, debit/credit cards, UPI, or e-NACH).
• Channels act as facilitators between the User and the Company.

Email Sharing:

• User email addresses may be shared with reputable organizations for relevant product/service promotions.
• Users can opt-out by notifying the Company via the grievance redressal email address.

Telephone/Text Communication:

• Users providing phone numbers may receive calls or texts regarding services or events.
• Users can opt-out by notifying the Company via the grievance redressal email address.

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CONSENT  

User Confirmation:

• Confirms all data and information provided to the Company is true and correct.
• Acknowledges consent for the use of User Information and Usage Information as outlined in the Privacy Policy.

Consent Details:

• Consent may be obtained via e-signature or checkbox on the PlatformApp.
• Consent remains valid unless expressly revoked via email to the grievance redressal mechanism.

Scope of User Consent:

• Sharing Information:
  • With credit agencies, financial institutions (NBFCs, AIFs, banks, etc.), credit bureaus (e.g., CIBIL), or other authorized entities for preparing Financial Health Check Reports (FHCR).
• Access to Credit Bureau:
  • Company has the right to access credit bureau or information company repositories (e.g., CIBIL) to check financial discipline or credit scores.
  • Notifying the user about changes in their credit scores.
• Data Use and Disclosure:
  • Use or disclosure of User’s data (e.g., PAN, address proof, documents) for availing Services.
  • Disclosure to credit bureaus or other agencies authorized by law.
  • Authorized agencies can use/process disclosed information as deemed appropriate.
• Communication Authorization:
  • Allows the Company to contact via emails, calls, SMS, WhatsApp, or other applications.
  • User agrees to terms and risks of such communication methods.
• Data Processing and Sharing:
  • Authorizes collection, use, or processing of Personal and Sensitive Personal Information.
  • Authorizes sharing such information with third parties or for authentication services.
• Cross-Border Data Transfer:
  • Consent for transferring User Information outside the User’s country of residence.
• Use of Cookies:
  • Allows placement of cookies on electronic devices as per the Privacy Policy.

CONTROL OVER USER INFORMATION  

• The User has the ability to control their User Information and Personal Information as per applicable law.
• The User can update their profile and related Personal Information/User Information at any time.
• The User may review, update, correct, delete, or object to their Personal Information by writing to the Company via email at [•].
• If the User has concerns regarding privacy, access, or correction of their User Information or Personal Information, they may contact the Company at the email ID provided under Clause 12 (Grievance Redressal Mechanism).
• Requests from the User will only be entertained if they include details of the User Information or Personal Information to be changed.
• The Company will respond to issues raised by the User within [•] days of receiving the email.

REGIONAL PRIVACY DISCLOSURES  

For Residents of the United Kingdom and the European Economic Area

• Role of the Company:
  • The Company is the "data controller" of "personal data" as defined under the General Data Protection Regulation (GDPR).
  • The Company decides how personal data is collected, used, and disclosed in compliance with applicable law.
• Legal Grounds for Processing Personal Data:
  1. Contractual Commitments:
     • Personal data may be used, shared, or disclosed to fulfil contractual obligations to the User.
  2. With User’s Consent:
     • Where required by law or other specific situations, personal data is used, shared, or disclosed based on the User's consent.
  3. Legitimate Interests:
     • Personal data may be processed to further the Company’s legitimate business interests, such as:
       • Customer service.
       • Promotional activities.
       • Business analysis and improvements.
       • Security of services.
       • Fraud prevention.
       • Legal issue management.
  4. Legal Compliance:
     • Personal data may be used or disclosed to comply with legal obligations.
• Right to Lodge a Complaint:
  • Users have the right to lodge complaints with the relevant supervisory authority.
  • The Company requests Users to contact them first to resolve concerns before approaching the supervisory authority.
• Transfer of Personal Data Outside EEA, Switzerland, or UK:
  • Personal Data may be transferred outside of the User’s home country for purposes outlined in this Privacy Policy.
  • Potential Risks:
    • Third countries may not offer the same level of data protection as the User’s home country.
  • Safeguards for Data Transfers:
    • The Company relies on:
      • European Commission’s adequacy decisions for certain countries.
      • Standard Contractual Clauses approved by the European Commission, along with applicable country addenda.
    • For additional details or a copy of safeguards, the User can contact the Company as per Clause 14.

For Residents of the United States of America

The following table provides information about the categories of Personal Information collected by the Company and how the Company discloses that information.

SECURITY AND CONFIDENTIALITY

The Company shall endeavour, at all times, to implement reasonable security practices and procedures (such as managerial, operational, physical and technical) for the purpose of protection and safeguarding the User Information and the Personal Information. The Company is strongly committed to protecting the personal and financial information related to the User.

The Company shall endeavour to safeguard the security and confidentiality of User Information and Personal Information shared by the User with the Company. However, despite the utmost efforts of the Company to protect your Personal Information, the Company cannot warrant the security of any data that the User transmits through the PlatformApp. By accepting this Privacy Policy, the User accepts that such transmission of the Personal Information is done at the User’s own risk.

Lastly, the User is requested to help the Company in protecting the User’s Information and Personal Information by maintaining the secrecy of the username and password used by the User for accessing the Platform and availing Services of the Company.

DATA RETENTION  

The User’s Personal Information processed by the Company no longer than is necessary for the purposes for which it is processed, in line with the legal, regulatory, contractual or statutory obligations as applicable.

At the expiry of such periods, the User’s Personal Information shall be deleted or archived to comply with legal / contractual retention obligations or in accordance with applicable statutory limitation periods.  

CONSENT TO TRANSFER

The services offered by the Company are global and the User’s information may be stored and processed in India and other countries outside the User’s country of residence that may have data protection laws that differ from the laws in the User’s country, and data may be accessible to law enforcement and national security authorities under certain circumstances. By using the Services, or providing us with any information, the User consents to the collection, processing, maintenance, and transfer of such information in and to India and other applicable countries in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where the User resides and/or is a citizen.  

AMENDMENTS  

The Company reserves the right to change or update the Privacy Policy or any other policies / practices at any time without giving any prior notification to the User. The User is requested to review this Privacy Policy periodically. Any changes or updates will be effective immediately upon posting the same on our Ap Platform.p.  

This Privacy Policy shall apply uniformly to the use and access of the Platform and Services (irrespective of the mode or media used by the User).  

GRIEVANCE REDRESSAL MECHANISM  

Any complaints or concerns with regards to content or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:

Name / Designation: Nishant Sharma - Founder & CEO

Contact Details: nishant@insituate.ai

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