PRIVACY POLICY

 

Effective as of September 23, 2013

 

This document is an electronic record in terms of the Information Technology Act, 2000 (the “Act”) and rules there under (as applicable) and the amended provisions pertaining to electronic records in various statutes as amended by the Act.

 

This electronic record is generated by a computer system and does not require any physical or digital signatures.

           

This document (“Privacy Policy”) is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of cardback.in and/or the mobile phone based application downloadable from here (collectively, referred to as the "Website").

 

The Website is owned by Orangut Labs Private Limited, a private limited company incorporated under the Indian Companies Act, 1956 and having its registered office at Flat number 62 D, Pocket BW, Shalimar Bagh, New Delhi - 110088, India (hereinafter referred to as “Cardback” or “we”, which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and permitted assignees). For the purpose of this Privacy Policy, wherever the context so requires "you", “your or User shall mean any natural or legal person who has agreed to access the Website. Your use of the Website and services and tools on the Website shall cause you to share your personal information with Cardback which shall be governed by this Privacy Policy as detailed hereunder, in addition to other terms and conditions specified by Cardback from time to time. 

 

Cardback reserves the right, at its sole discretion, to change, modify, add or remove portions of this Privacy Policy, at any time without any prior written notice. It shall be the responsibility of the User to review the Privacy Policy periodically for updates/changes and your continued use of the Website shall be considered as consent to revisions made to the Privacy Policy. As long as you comply with the Privacy Policy and other terms and conditions of Cardback, Cardback grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Cardback and the terms and conditions including this Privacy Policy constitute your binding obligations towards Cardback.

 

Please note that accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions specified by Cardback and we request you to read such terms and conditions, including the Privacy Policy, carefully before proceeding. 

 

1.         Collection of Information

 

(a)        Cardback collects and stores your personal information that is provided by you from time to time and upon use of the Website. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier.

 

(b)        Please note that once you provide us your personal information, you are not anonymous to us. Where possible, we specify the “required” and “optional” fields. You always have the option not to provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, your device information and your IP address.

 

(c)        If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we shall collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

 

(d)        If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.

 

(e)        We collect personally identifiable information (email address, name, phone number, payment instrument details, etc.) from you when you set up a free account with us. We do use your contact information to send you offers based on your previous orders and your interests.

 

(f)         Cardback shall have a right to use the information and data collected from the User, including but not limited to, the personal information, card details and transaction pattern of a User for any purpose whatsoever. 

 

2.         Use of Demographic/Profile Data/Your Information

 

(a)        We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.

 

(b)        In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Website.

 

(c)        We identify and use your IP address and mobile phone/tablet data to help diagnose problems with our server, and to administer our Website. Your IP address and mobile phone/tablet data is also used to help identify you and to gather broad demographic information.

 

(d)        We shall occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor-make your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.

 

3.         Cookies and Cache

 

(a)        A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer's hard drive or the storage media of your phone or computer tablet. The cookies do not contain any of your personally identifiable information.

 

(b)        A “cache” is a memory storage area in the phone that stores copies of information that is likely to be needed in the near future, so it can be accessed faster. When you visit or access our Website on your phone, a copy of the webpage may be stored in the phone's cache memory. If the webpage is requested again, it can instantly be displayed from the cache, instead of waiting for the webpage to download from the internet again. We keep a cache of user account related information on your mobile phone/device.

 

(c)        We use cookies and cache on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. We offer certain features that are only available through the use of a "cookie".

 

(d)        We also use cookies and cache to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies and cache are "session based" meaning that they are automatically deleted from your hard drive, storage media or device memory at the end of a session. You are always free to decline our cookies or delete the cache if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.

 

(e)        Additionally, you may encounter "cookies" or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies and/or cache by third parties.

 

4.         Sharing of personal information

 

(a)        We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.

 

(b)        We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court
orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our terms of use or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

 

(c)        We and our affiliates may share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) shall be required to follow this Privacy Policy with respect to your personal information.

 

5.         Links to Other Sites: Our Website links to other websites that may collect personally identifiable information about you. Cardback is not responsible for the privacy practices or the content of those linked websites.

 

6.         Security Precautions: Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

 

7.         Choice/Opt-Out

 

(a)        We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.

                                                                                                                                

(b)        If you want to remove your contact information from the entire Website, please send an email to swipe@cardback.in.

 

8.         Advertisements on the Website: We use third-party advertising companies to serve advertisements when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this Website and other websites in order to provide advertisements about goods and services of interest to you.


9.         Your Consent

 

(a)        By using the Website and/or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy and the terms of use of the Website, including but not limited to, your consent for sharing your information as per this Privacy Policy.

 

(b)        If we decide to change our Privacy Policy, we shall post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

 

10.        Indemnity: You shall indemnify and hold harmless Cardback, its directors, shareholders. promoters, employees, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the terms of use, Privacy Policy and any other policy of Cardback, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

11.        Jurisdictional issues: Cardback make no representation that software and services available on the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Cardback is not responsible for their privacy though Cardback shall provide all the minimum safe guards as provided for in this Privacy Policy.


12.        Intellectual Property:

 

(a)        Intellectual Property includes:

 

(i)         all patents, trademarks, business processes, domain names, works of authorship, designs, utility models, copyrights whether registered or unregistered, which are owned by Cardback or acquired or developed by Cardback in the course of its business, including, but not limited to moral rights and any similar rights in any country, whether negotiable or not and also includes any applications for any of the foregoing and the right to apply for them in any part of the world; and

 

(ii)         all processes, inventions, ideas, programs, codes, software, algorithms, discoveries, correspondence, trade secrets, databases, know-how, creations or improvements upon, additions or any research effort relating to any of the above, whether registrable or not.

 

(b)        The Website and all the Intellectual Property is controlled and operated by Cardback. The Intellectual Property is for your personal, non-commercial use only. You must not copy, reproduce, republish, upload, post, transmit or distribute the Intellectual Property in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Intellectual Property, use of the Intellectual Property on any other website or networked computer environment or use of the Intellectual Property for any purpose other than personal use is a violation of the copyrights, trademarks and other proprietary rights of Cardback, which are secured by the laws of India, and is prohibited.

 

(c)        Intellectual Property belonging to a Third Party: The Website may contain brand names, product names, or trademarks belonging to third parties. All such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on the Website are the trademarks, service marks, or logos of their respective owners. Nothing in this Privacy Policy shall confer any right of ownership of any of such third party content and/or trademarks to the User.

 

(d)        Unless explicitly stated herein, nothing in this Privacy Policy shall be construed as conferring to you any license to any Cardback or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any Cardback trademarks, third party trademarks, or other content on the Website.

 

13.        Limitation of Liability: In no event shall Cardback be liable for any special, incidental, direct, indirect or consequential damages of any kind in connection with this Privacy Policy, even if User has been informed in advance of the possibility of such damages.

 

14.        Grievance officer: In accordance with the Act and rules made thereunder, the name and contact details of a grievance officer are provided as below:

 

Mr Nikhil Wason,

Orangut Labs Private Limited

Flat number 62 D, Pocket BW,

Shalimar Bagh,

New Delhi 110 088, India

.

Email: swipe@cardback.in

Available during following working days and hours: Mon to Fri, 10 am to 7 pm

 

15.        Applicable Law: The Privacy Policy shall be governed by and interpreted and construed in accordance with the laws of India. If any dispute arises between Cardback and a User during the subsistence or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Privacy Policy or regarding any question, including the question as to whether the compliance / termination of the Privacy Policy by Cardback and/or the User has been legitimate, the courts at New Delhi, India shall have exclusive jurisdiction.