Onepe Technologies – Privacy Policy Statement

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.

This privacy policy is a legally binding document between you (User or Subscriber) and FoxPe (both terms defined below). The terms of this privacy policy will be effective upon your registration on the Platform (as defined below) or mobile application and will govern the relationship between you and FoxPe for your use of the Platform and mobile application. 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 or Information) Rules, 2011 under the Information Technology Act, 2000; that require publishing of the privacy policy for collection, use, storage, and transfer of personal information including sensitive personal information.

Please read this privacy policy carefully. By registering or creating an account, including account or Login ID on the Platform or mobile application, you submit 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 accept the privacy policy and/or use this Platform or mobile application. You hereby provide your unconditional consent or agreements to FoxPe as provided under the Information Technology Act, 2000 and the rules and regulations made under therein.

By providing Us Your Information or by making use of the services provided by the Platform or mobile application, You hereby consent to the collection, storage, processing, disclosure, and/or transfer of any or all of Your Personal Information (as defined below), Sensitive Personal Information (as defined below), and Non-Personal Information (as defined below) by FoxPe, as specified under this Privacy Policy. You also agree that such collection, use, storage, disclosure, and/or transfer of Your Information shall not cause any loss or wrongful gain to You or any other person.

Onepe Technologies Private Limited ("FoxPe") is concerned about the privacy of the data and information of users (including merchants and buyers/customers, whether registered or non-registered) accessing, offering, selling, or purchasing products or services on the websites, mobile sites or mobile applications of Onepe Technologies Private Limited ("Platform") and otherwise doing business with FoxPe. 

The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of FoxPe, and the terms “You” / “Your” / “Yourself” refer to the users. 

This Privacy Policy is a contract between You and FoxPe whose Platform You use or access or You otherwise deal with. This Privacy Policy shall be read in conjunction with the respective terms of use or other terms and conditions of the FoxPe Platform or the nature of Platform’s business.

1. FoxPe has provided this Privacy Policy to familiarize You with:
   1. The type of data or information that You share with or provide to any FoxPe, and that any FoxPe collects from You;
   2. The reason for collection and usage of such data or information from You;
   3. FoxPe’s information security practices; and
   4. FoxPe’s policy on disclosing, sharing, or transferring Your data or information with/to third parties. 

This Privacy Policy may be amended / updated from time to time. We will notify You of any amendment of, or update to, the Privacy Policy, as is required under applicable laws. 

The information or data provided by You to a FoxPe or collected from You by FoxPe may consist of “Personal Information”, “Sensitive Personal Information” and “Non-Personal Information”.

a) Personal Information is information or data collected that can be used to identify You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:

(i) Your name, parent’s name, address, telephone number, e-mail address or other contact information;

(ii) Your date of birth;

(iii) Your gender, marital status;

(iv) Your occupation;

(v) Your internet protocol address;

(vi) identification code of the communication device which You use to access the Platform or otherwise deal with any FoxPe;

(vii) any other information provided by You during Your registration process on the Platform (other than Sensitive Personal Information);

(viii) information provided by You towards complying with know your customer norms, either as part of Our internal policies and as may be required under applicable laws;

(ix) details that you have given permission to upload, sync or import (such as phone status & identity, contacts, calendar, camera, microphone or short messaging system) any information set out in this Clause pertaining to third parties that is provided to Us, during Your use of the Platform; or

 

b) Such Personal Information may be collected in various ways including during the course of You:

(i) registering as a user on the Platform;

(ii) registering as a merchant on the Platform;

(iii) availing certain services offered on the Platform. Such instances include but are not limited to making or participating in any online survey or contest, communicating with the customer service of FoxPe by phone, email or otherwise; or posting user reviews on the services / items available on the Platform;

(iv) otherwise doing business, transacting or attempting to transact on the Platform; or

(v) otherwise dealing with any of FoxPe.

We may receive Personal Information about You from third parties, such as social media services, commercially available sources and partners. If You access the Platform through a social media service or connect a service on the Platform 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 Platform or otherwise deal with any FoxPe through social media services or when You connect any Platform to social media services, You are authorizing FoxPe to collect, store, use and retain such information and content in accordance with this Privacy Policy.

1. Sensitive Personal Information 

Sensitive Personal Information is information collected that consists of information relating to:

(i) passwords,

(ii) financial information such as bank account or Credit Card or Debit Card, or other linked payment instrument details,

(iii) biometric information,

(iv) any detail relating to the above points as provided by You,

(v) any of the information received under the above points by FoxPe for processing, stored or processed under lawful contract otherwise

Provided, however, that any such Sensitive Personal Information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be considered as Sensitive Personal Information and be considered as Personal Information.

Such Sensitive Personal Information may be collected in various ways including during the course of You:

i) registering as a user on the Platform;

ii) registering as a merchant on the Platform;

iii) availing certain services offered on the Platform;

iv) otherwise doing business, transacting or attempting to transact on the Platform; or

v) otherwise dealing with FoxPe.

 

 

This Non-Personal Information may include:

(i) Your geographic location;

(ii) details of Your telecom service provider or internet service provider;

(iii) the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.);

(iv) the operating system of Your system, device and the Platform You last visited before visiting the Platform; or

(v) clickstream data relating to Your activity on the Platform, including but not limited to the duration of Your stay on the Platform, date and time of Your access of the Platform;

(vi) Your PAN

(vii) Your GSTIN

b)        Non-Personal Information is collected through various ways such as the use of cookies. FoxPe may store temporary or permanent ‘cookies’ on Your computer or mobile or any other electronic device. You can erase or choose to block these cookies from Your computer or mobile device or any other electronic device. You can configure Your device’s browser to alert You when We attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Platform. 

c)         Advertisements: FoxPe may use Third Party Service Providers to serve advertisements on behalf of FoxPe across the internet and sometimes on the Platform. They may collect Non-Personal Information about Your visits to the Platform, and Your interaction with Our products and services on the Platform.

d)        FoxPe's use of information received from Google APIs will adhere to Google API Services User Data Policy.

 

Please do note that Personal Information, Sensitive Personal Information and Non-Personal Information may be treated differently as per this Privacy Policy. 

You hereby represent to FoxPe that, at all times during Your registration with Us:

The officers, directors, contractors, or agents of FoxPe shall not be responsible for the authenticity of the information that You or any other user provide to any of FoxPe. 

(i) facilitating Your use of the Platform or other services of FoxPe;

(ii) responding to Your inquiries or fulfilling Your requests for information about the various products and services offered on the Platform;

(iii) providing You with information about products and services available on the Platform and sending You information, materials, and offers about products and services of FoxPe;

(iv) sending You important information regarding the Platform, changes in terms and conditions, user agreements, and policies and/or other administrative information;

(v) sending You surveys and marketing communications that FoxPe believe may be of interest to You;

(vi) personalizing Your experience on the Platform by presenting advertisements, products and offers tailored to Your preferences;

(vii) helping You address Your problems incurred on the Platform including addressing any technical problems;

(viii) if You purchase any product or avail any service from the Platform, completing and fulfilling Your purchase. For example, having Your payments processed, communicating with You regarding Your purchase, and providing You with related customer service;

(ix) properly administering the Platform;

(x) conducting internal reviews and data analysis for the Platform (e.g., to determine the number of visitors to specific pages within the Platform);

(xi) improving the services, content and advertising on the Platform;

(xii) facilitating various programmes and initiatives launched by FoxPe by itself or through a collaboration with Third Party Service Providers or Banks;

(xiii) analysing how Our services are used, to measure the effectiveness of advertisements, to facilitate payments;

(xiv) conducting academic research and surveys;

(xv) protecting the integrity of the Platform;

(xvi) responding to legal, judicial, quasi-judicial process and providing information on law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;

(xvii) conducting analytical studies on various aspects including user behaviour, user preferences etc.;

(xviii) permitting third parties who may need to contact users who have bought products from the Platform to facilitate installation, service and any other product related support;

(xix) implementing information security practices;

(xx) determining any security breaches, computer contaminant or computer virus;

(xxi) investigating, preventing, or taking action regarding illegal activities and suspected fraud;

(xxii) undertaking forensics of the concerned computer resource as a part of investigation or internal audit;

(xxiii) tracing 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 Platform or by FoxPe;

(xxiv) enabling a potential buyer or investor to evaluate the business of FoxPe; or

(xxv) sharing, disclosing or transfer of such data in the event of any merger, acquisition, reorganization or sale of assets or business of FoxPe to a third party or in the event of bankruptcy of FoxPe.

You hereby agree and acknowledge that the Personal Information/Non-Personal Information/Sensitive Personal Information so collected is for a lawful purpose, connected with a function or activity of FoxPe or any person on their respective behalf, and the collection of Personal Information/Non-Personal Information/Sensitive Personal Information is necessary for the Purposes.

 

 

a)         Your Personal Information/Non-Personal Information/Sensitive Personal Information will primarily be stored in electronic form. However, certain data may also be stored in physical form.

b)        We may store, collect, process, and use Your data in countries other than the Republic of India to the extent permissible under applicable laws.

c)         We may enter into agreements with third parties (in or outside of India) to store or process Your Personal Information/Non-Personal Information/Sensitive Personal Information. These third parties may have their own security standards to safeguard Your Personal Information/Non-Personal Information/Sensitive Personal Information and We will, on a commercially reasonable basis, require such third parties to adopt reasonable security standards to safeguard Your I Personal Information/Non-Personal Information/Sensitive Personal Information, as per the requirements of applicable laws.

d)        Sharing and disclosure of Your Personal Information/Non-Personal Information/Sensitive Personal Information. You hereby unconditionally agree and permit that FoxPe may transfer, share, disclose or part with all or any of Your Personal Information/Non-Personal Information/Sensitive Personal Information, within and outside of the Republic of India to FoxPe, Third Party Service Providers / Partners / Banks and Financial Institutions for one or more of the Purposes, government agencies upon directions of such agency, or to any other third party as may be required under applicable law. In case of any Personal Information/Sensitive Personal Information so transferred, shared, disclosed or parted with, We will contractually oblige the receiving parties of the information to ensure the same level of data protection adopted by FoxPe is adhered to by the receiving party.

e)        You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when FoxPe transfer Your information to any other entity within or outside Your country of residence, FoxPe will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

f)         FoxPe may transfer/disclose/share Non-Personal Information to third parties who support Our business, such as providing technical infrastructure services, analysing how Our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. Such transferees shall adhere to confidentiality obligations consistent with this Privacy Policy.

g)         Notwithstanding the above, We use other third parties such as a credit/debit card processing companies, payment gateways, pre-paid cards etc. to enable You to make payments for buying products or availing services on the Platform. 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 or disclose 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.

h)        FoxPe may also share Personal Information/Sensitive Personal Information with such third parties to whom FoxPe believes it is necessary to do so 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.

i)          We reserve the right to disclose Your Personal Information/Non-Personal Information/Sensitive Personal 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.

j)          We may share data with our sponsors & advertisers in anonymous and aggregate form, but we will ensure that the program is designed to make sure you are not identified personally to advertisers unless you make the choice to share your personal identification information directly with them. Hence, the advertisers shall be made aware of the segments and trends in the database and can then route their customized messages through our channels. Occasionally, you may want to avail of services or offers that, by the very terms, will require us to forward information to the advertiser or partner so that they can provide the service to you. In such instances you will be governed by the privacy policies of such advertiser or partner with whom you share information. Please ensure to read the privacy policies of such advertiser or partner prior to disclosing any information.

k)         In case of redemption offers requiring mailing of vouchers or gift items or rewards to your mailing address, we shall have to part with your personally identifiable information to the extent required, with the redemption fulfilment vendor or merchants for delivery of orders and gift certificates. As stated before, strict compliance with a non-disclosure agreement will be sought. Such redemption vendor will not share the personally identifiable information any further or for purposes beyond our specific authorization.

l)          We offer you the choice to participate in offers from our partners. It is your decision whether or not to share your personally identifiable information with them. We recommend you to carefully read the respective privacy policies of our partners before divulging your personally identifiable information, as we will not be held liable for the information practices of third-parties.

m)       You further agree that such disclosure, sharing and transfer of Your Personal Information/Non-Personal Information/Sensitive 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.

 

 

a)         Links to third-party advertisements, third-party websites, payment gateway, or any third-party electronic communication service may be provided on the Platform which are operated by third parties and are not controlled by, or affiliated to, or associated with, FoxPe unless expressly specified on the Platform.

b)        FoxPe are not responsible for any form of transmission, whatsoever, received by You from any third-party website. Accordingly, FoxPe does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third-party websites, nor does FoxPe 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 websites. The inclusion or exclusion does not imply any endorsement by FoxPe of the third-party websites, the website's provider, or the information on the third-party websites. The information provided by You to such third-party websites shall be governed in accordance with the privacy policies of such third-party websites, and it is recommended that You review the privacy policy of such third-party websites prior to using such websites.

 

 

a)         The security of Your Personal Information/Sensitive Personal Information is important to us. FoxPe strives to ensure the security of Your Personal Information/Sensitive Personal Information and to protect Your Personal Information/Sensitive Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, FoxPe 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 FoxPe stores Your Personal Information/Sensitive Personal Information. FoxPe shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Personal Information/Sensitive Personal 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 FoxPe from any claim of damages under contract or under tort, to the extent permissible under applicable laws.

b)        If You choose a payment gateway to complete any transaction on the Platform, we state that we do not store any payment data with respect to you credit/debit card information or UPI ID. In case of any queries or claims related to payment, you must contact to your respective banks or the respective merchant.

c)         FoxPe may share Your Personal Information/Non-Personal Information with third parties under a confidentiality agreement which inter alia provides that such third parties shall not disclose the Personal Information/Non-Personal Information further unless such disclosure is for the Purpose. However, FoxPe is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information/Non-Personal Information. FoxPe is not liable for any loss or injury caused to You as a result of You providing Your Personal Information/Non-Personal Information to any third party (including any third party websites, even if links to such third party websites are provided on the Platform).

d)        Notwithstanding anything contained in this Policy or elsewhere, to the extent permissible under applicable laws, FoxPe shall not be held responsible for any loss, damage or misuse of Your Personal Information/Non-Personal Information/Sensitive Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

e)        A Force Majeure Event shall mean any event that is beyond the reasonable control of FoxPe and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of FoxPe), power or electricity failure or unavailability of adequate power or electricity.

f)         While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information/Non-Personal Information/Sensitive Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information/Non-Personal Information/Sensitive Personal Information.

g)         You agree that all Sensitive Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Personal Information/Non-Personal Information will be retained indefinitely.

 

h)        Because email is an integral part of the Platform, your sharing of email contact with us allows us to share the merchant information, offers and promotions via email with you. If you later decide you wish to cease participation in this portion of the program, you may do so at any time by unsubscribing to our communication. Please note that opting not to receive email does not exempt you from receiving administrative emails that include but are not limited to, notices about vital program and membership status changes or alterations to our terms of service or any other service requests, redemption orders placed with us. 

 

You shall indemnify and hold harmless FoxPe, its officers, directors, contractors or agents, employees and any third parties relying on the Information provided by You for any losses, including all claims, damages, liabilities, deficiencies, assessments, interest, awards, settlements, penalties, fines, costs or expenses, suffered, incurred, sustained by, or imposed on FoxPe, as a result of, arising out of, with respect to, in connection with or by reason of a breach or non-performance of any of the terms, conditions, representations, warranties or covenants contained in this Privacy Policy by You. 

 

a) You agree and acknowledge that You are providing Your Personal Information/Non-Personal Information/Sensitive Personal Information out of Your own free will. You have an option not to provide or permit FoxPe to collect Your Personal Information/Non-Personal Information/Sensitive Personal Information or later on withdraw Your consent with respect to such Personal Information/Non-Personal Information/Sensitive Personal Information so provided herein, in writing, by sending an email to the grievance officer, details of whom are set out in clause 14 of this Privacy Policy, or to such other electronic address of the respective FoxPe as may be notified to You. In such a case, You should neither visit the Platform nor use any services provided by FoxPe nor shall contact FoxPe. Further, FoxPe may not deliver products to You, upon Your order, or FoxPe may deny You access from using certain services offered on the Platform.

b)        You can review, add or update Your Personal Information/Sensitive Personal Information on a regular basis. Any Personal Information/Sensitive Personal Information found to be inaccurate or deficient, can be amended or corrected by You, as feasible. However, We will not be responsible for the authenticity of the Personal Information/Sensitive Personal Information provided by You to Us or to any other entity acting on behalf of Us. Kindly note that FoxPe shall retain Your previous Personal Information/Sensitive Personal Information in its records, as required under applicable law.

 

 

 Mr. Jaywant Dahatonde, the designated grievance officer under the Information Technology Act, 2000
 E-mail:  jaywantdahatonde@foxpe.in

Working Days: Monday to Friday

Working Hours: 9:30 am to 6:30 pm

 

b)        We will strive to address Your feedback and concerns in a timely and effective manner. The details of the grievance officer may be changed by Us from time to time by updating this Privacy Policy.

 

In the event of a merger, acquisition, reorganization or sale of assets or business of FoxPe to a third party or in the event of bankruptcy of FoxPe, FoxPe may transfer or otherwise share some or all of its assets, including Your Personal Information/Non-Personal Information/Sensitive Personal Information to such third party. Should such a sale or transfer occur, FoxPe will reasonably ensure that the Personal Information/Non-Personal Information/Sensitive Personal Information You have provided and which We have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy and with applicable laws. Any third party to which FoxPe transfer or sell as aforesaid will have the right to continue to use the Personal Information/Non-Personal Information/Sensitive Personal Information that You provide to Us or collected by Us immediately prior to such transfer or sale for the Purposes. 

 

 You hereby acknowledge and agree that this Privacy Policy:

a)         is clear and easily accessible and provide statements of policies and practices FoxPe with respect to Personal Information/Non-Personal Information/Sensitive Personal Information;

b)        provides for the various types of Personal Information/Non-Personal Information/Sensitive Personal Information to be collected;

c)         provides for the purposes of collection and usage of the Personal Information/Non-Personal Information/Sensitive Personal Information;

d)        provides for disclosure of Personal Information/Non-Personal Information/Sensitive Personal Information; and

e)        provides for reasonable security practices and procedures as per the applicable laws, rules and regulations for the time being in force.