We place the highest importance on respecting and protecting your privacy. Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform and Services. The objective of this Policy is for you to better understand the type of information we intend to collect from you; the purpose for which the information collected by uswill be used; the use of such information by the parties with whom we will share your information; our policy regarding cookies and identity theft instances; the data security practices of the third party website links available on our Platform; the data retention policy and information security measures implemented by us; our disclaimers in relation to Services and the Platform; our policy regarding the changes and updates to this Policy; our policy with respect to withdrawal of your consent; and legal rights and obligations in case of disputes and grievances.
The Platform is provided by Defmacro Software Private Limited (hereinafter “Company” or “Cleartax” or “our” or “we” or “us”), a company incorporated under the Companies Act, 2013, having its registered office at B-3 Lower Ground Floor, School Lane, Naraina Vihar, New Delhi - 110028 and its corporate office at 23-24 AMR Tech Park, Block 1, First Floor, Hosur Main Road, Hongasandra, Bangalore, Karnataka PIN:560068.
By using the Platform or availing the Services, you agree to this Policy. Subject to applicable laws, the terms of this Policy (and any changes thereto) will become applicable to you retrospectively on and from the date of your first use of the Platform. If you do not agree to the terms of this Policy, please do not use our Platform and Services. Further, by using this Platform, you also confirm that you are either the owner of or are duly authorized to use and share the information that the Platform may require, and that you using the Platform does not violate any applicable law or contract by which you may be bound or is otherwise prejudicial to any person. You agree to indemnify the Company, its employees, directors, officers, agents, business associates, affiliates and agents from any loss, damage, expenses or other adverse consequence they suffer as a result of your usage of the Platform unless such loss, damage, expenses or other adverse consequence can be attributed to our act or omission.
The Policy extends to the following information: (a) information you provide us, or the information otherwise collected by us through your usage of our Platform and Services (see Terms); (b) information collected while you use the Platform and Services; (c) information collected from any other source; or (d) information generated while availing the Services including but not limited to any transactional information. We aim for full transparency on how we gather, use, and share your information.
This Policy should be read in consonance with the Terms (available at https://clear.in/meta/terms) and they are incorporated by reference. Capitalised terms not defined herein, shall have the meaning set out in the Terms.
1. Information we collect
1.1 When you use our Platform or avail the Services, we seek or collect, amongst others information such as your name, mother’s name, father’s name, password, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee details, cancelled cheque, photograph and video recording, email id, phone number, educational or professional qualification, business name, business address, nature of business, Goods and Services Tax Identification Number(“GSTIN”), Tax Deduction and Collection Account Number (TAN), bank account details, United Payments Interface (UPI) ID, and/or other payment and investment information and copies of KYC documents that helps us confirm your identity and facilitate provision of the Services through our Platform. No liability pertaining to the authenticity/ genuineness of the information disclosed will lie on the Company. Further, the Company will not be in any way responsible to verify any information obtained from you.
1.2 In case you are required to provide your Aadhaar details to us during account creation, you acknowledge and agree that the act of providing your Aadhaar details to us is voluntary. We require Aadhaar details solely for the purpose of carrying out KYC .
1.3 We collect mobile numbers, e-mail addresses that you provide us on the Platform and use the same for sending various communications to you.
1.4 When you visit our Platform or avail the Services, we collect certain information about your interaction with our Platform including the pages that you view, your internet protocol address, the links you select or actions you take, browser type, the unique identifier of your device and device information such as operating system, operating system version, browser plug-ins, crashes, system activity, hardware settings, location based information, date and time of your request and referral URL, and cookies that may uniquely identify your browser and mobile application and the previously visited webpage.
1.5 We may retrieve your information and records available with third party provider including credit score and liabilities information or information from the KYC Registration Agency, Goods and Services Tax Network (“GSTN”) and National Informatics Centre such as name, KYC details, KYC status, father’s name, occupation, address details and related documents You hereby authorise the Company to download and retrieve any information from governmental and other statutory bodies including but not limited to GSTN and NIC.
1.6 When you avail the Services, we may after obtaining consent, access and read information from your device such as information from your SMS storage for the providing the Services. Further, certain Services require us to obtain access to the ability to make phone calls or send messages using your device. If you choose to avail such Services, by agreeing to this Policy and Terms you are providing your express consent to permit the Company to access the calling and messaging functionalities of your device.
2. How we use the information
2.1. We do not sell or share your personal or financial information to anyone. However, notwithstanding anything contained in this Policy, you expressly acknowledge, consent and agree to the following terms on information use and further authoriseus to access and use your information in the manner set out below:
a. to use your information to manage your account, to contact you and to operate, improve, and deliver our Platform and Services. We use your information to give you a customized, interactive experience as you use our Platform and avail the Services.
b. to use your information for maintaining a record of such information and yourtransactions in a secure and confidential manner, and as required under the applicable laws.
c. to use services of third parties to provide the Platform and Services for you, who are bound to keep such information confidential.
d. to troubleshoot software bugs and operational issues, to conduct data analysis, testing and research and to monitor and analyse usage and activity trends. Information collected may also be used to share communications to you about our products & services, provide additional features through cookies and to detect and/or prevent any fraudulent/criminal/prohibited activity as per applicable laws.
e. to use the data in an aggregated/compiled form to produce statistical/demographic analyses for marketing, strategy and other business purposes. However, these will be used in ways that will not be able to identify you or link any specific information to an individual. Such aggregated information and results/analyses shall be our property and you will not be entitled to any compensation for the use thereof.
f. to share your information with judicial, administrative and regulatory entities to comply with any legal and regulatory requirements.
g. to summarize information about your usage and combine it with that of others to learn about the use of the Platform and Services and further to help us develop new products and services.
h. to use your information to manage your account, to contact you and to operate, improve, and deliver our products and services, including the Platform. You further acknowledge, agree and authorise us to use your information for market research, project planning, product development, troubleshoot problems, analyseuser behaviour, marketing purposes, and promotions.
i. to use your information to compute the charges for the products and services you purchase.
j. to use the contact information to communicate with you. You further expressly consent and authorise us to send you messages on your mobile number, call you on your mobile number, send you messages and communicate with you in any other manner including for the purpose of providing you Platform and Services and for marketing and promotional purposes.
k. to use third-party advertising companies to display advertisements. Such companies may use information about your visits to the Platform and Third-Party Platforms in order to provide advertisements about goods and services of interest to you.
l. to share your information with identified Strategic Partners, our third party service providers and our affiliates to host, use, copy, transmit, process, store, share, analyse, display, make derivations, and back up all data you submit to us through the Services and as required by us, including but not limited to personal data and any other data relating to financial information of yourself and others, for the purposes of (a) providing the Services requested by you, as set out in this Policy and enable you to use the Platform and avail the Services (including the services provided by our Strategic Partners, third parties and affiliates; (b) allow us to improve, develop and protect the Services; (c) create, market or provide new services through the Company or its Strategic Partners, group companies and affiliates; (d) communicate with you about our Platform and the Services; and (e) send you information we think may be of interest to you. You agree, represent and warrant that you have, and you will maintain, all rights to allow the Company, our Strategic Partners and/ or any third-party service providers, and our affiliates, to host, use, compile, copy, transmit, process, store, share, analyse, display, make derivations, and back up all your data and retain aggregated customer data, including without limitation in combination with data of other users.
m. to conduct audit of your records without any notice in case of apprehension of fraud;
n. to retain/ store your data and confidential information, of any nature (either wholly or partially), in the Company’s servers or cloud or otherwise in any other medium as may be transmitted/ processed/ passed through the Platform.
2.2. You acknowledge, agree and authorise us to collect, store, process your information and further transfer and share information (including personal information) with third parties, including Securities Exchange Board of India, National Stock Exchange of India Limited, Bombay Stock Exchange, Central Registry of Securitisation Asset Reconstruction and Security Interest of India (“CERSAI”), payment gateways, banks, KYC Registration Agencies, Asset Management Companies, Registrar and Transfer Agents, Mutual Funds, Income Tax Department etc.
2.3. You acknowledge, agree and authorise our partners and entities for who we act as a technology facilitator namely Right Horizon Investment Advisory Services Private Limited (having its office at , Arekere Village Opp. British Biologicals, Bannerghatta Road, Bangalore KA 560076 )) (“Strategic Partners”) to collect, store, process, transfer your information including for the purpose of providing Services to you through the Platform. You allow such Strategic Partners to record,maintain and process your personal and transaction related information for the purpose of using the Services. You further authorise such Strategic Partners to communicate with you in any manner including by way of emails, messages and phone calls.
2.5. We may, share/ transfer/ assign all of your information with any other business entities, including in the event of a merger, sale, re-organization, amalgamation, joint ventures, assignment, restructuring of business or transfer or disposition of all or any portion of our business.
4. Identity Theft
4.1. There may be instances when you receive a seemingly legitimate looking e-mail asking your personal information from you such as your credit card details, bank account details, one-time passwords, contact information, etc. The Company will never ask for such information from you via e-mail.
4.2. Such activities are usually carried on by unauthorized individuals and are illegal in nature. They are called phishing or identity theft. In case of any suspicion of such activity or on receiving such an e-mail you are certain it was not sent by us. We advise you to not respond to such mail and to take whatever action you see fit.
5. Links to Other Sites
Our Platform provides links to other websites and third-party platforms (“Third-Party Platforms”). Such Third-Party Platforms may collect information about you. We are not responsible for the privacy practices or the content of those linked websites and Third-Party Platforms. We recommend you to review the privacy policies of such Third-PartyPlatforms. In case you choose to log-in through your Google account, we will access information from your Google accounts once they give us permission to do so whilst using the Google-related functionality (as the case maybe) of the Platform. Once permission is granted, the Platform accesses a user’s account details, mobile number, email address, contact list and location (as applicable). The respective privacy policies of Google will also be applicable.
6. Data Retention by Us
6.1. We will retain your information only for as long as is necessary for the purposes set out in this Policy. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
6.2. We encourage you to review the information and inform about any discrepancies and information found to be inaccurate shall be corrected or amended. Please reach out to us at email@example.com in case you would like to review the information collected by us.
6.3. You shall at all times, take adequate necessary precautions, at your end, to preserve the integrity and security of your data which shall include and not be limited to your personal information. All information disclosed by you shall be deemed to be disclosed willingly and without any coercion.
7. Log Data
We want to inform you that whenever you use our Platform or avail the Services, we collect data from your device called Log Data. This Log Data may include information such as your device’s Internet Protocol (“IP”) address, device name, operating system version, configuration of the app when utilising the Service, the time and date of your use of the Service, and other statistics.
8. Information Security
We work to protect your information from loss, misuse or unauthorized alteration by using industry-recognized security safeguards, coupled with carefully developed security procedures and practices. We maintain electronic and procedural safeguards of all information. We use both internal and external resources to review our security procedures.
9.1. We make no representation as to providing or storing back-up copies of any information submitted to us. You shall be solely responsible to ensure that you maintain back-up copies of such information and in the event of any malfunctioning or failing of the Platform for any reason whatsoever (including on account of maintenance), you may be required to resubmit such information.
9.2. Although, we take appropriate steps to maintain the security of information we collect from you, we assume no responsibility of whatsoever nature as to make good the losses and damages you may incur, due to privacy and/or security breach of your information. We shall not be liable for any loss or damage sustained by reason of disclosure (inadvertent or otherwise) of any information and/or omission or inaccuracy with respect to any information so disclosed and used whether or notin pursuance of a legal process or otherwise.
9.3. When payment information is being transmitted on or through the Platform, it will be protected by encryption technology of a third-party payment services providers, including payment gateways. You agree, acknowledge and consent to such sharing of your information with third party service providers to process payments and manage your payment-related information. The Company does not guarantee that the transmissions of your payment-related information or other information will always be secure.
9.4. GSTN shall have the sole right and discretion, without any liability of any nature of the Company, by all means (whether manual or automates) to accept/ reject or any User’s data from being transmitted to the GST system from our Platform, including but not limited to, in case of security breach, data traffic beyond prescribed by GSTN, suspected payload (having virus and/ or malware) or transfer of corrupt data or due to any other reasons as mandated by GSTN.
10. Changes to this Policy
Please note that this Policy may change from time to time. The “Last Updated” date at the top of the Policy indicates when the most recent modifications were made to the Policy. We reserve the right to modify or amend the terms of our Policy from time to time. We will endeavor to post any changes to this Policy on our webpage and, if the changes are significant, to provide a more prominent notice. While we will make reasonable efforts to keep you posted on any updates to this Policy, to make sure that you are aware of any changes, we recommend that you review this Policy periodically. In the event we modify this Policy, your continued use of the Platform and Services will signify your acceptance of the modified Policy, and will be adequate proof that you have expressly agreed to the terms of this Policy which shall apply from the date of your first use of the Platform.
11. Withdrawal of Consent by You
You may choose to withdraw your consent provided hereunder at any point in time. Such withdrawal of consent must be sent in writing to firstname.lastname@example.org. In case you later withdraw your consent, we request you not to access the Platform and/or use the Services and also reserve the right to not provide you any Services through the Platform.
12. Governing Law
This Policy shall be governed by and construed and enforced in accordance with the laws of India. Any controversies, conflicts, disputes, or differences arising out of this Policy shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Subject to other provisions in this Clause, courts in New Delhi shall have exclusive jurisdiction over all issues arising out of this Policy.
13. Contact Us
If there are any questions or grievances regarding this Policy or the safety of your information, you may contact us at the address given below.
Name: Aditya Kumar
Address: 23,24 AMR Tech Park, Block 1, First Floor, Hosur Main Road, Hongasandra, Bangalore, Karnataka PIN:560068