Solnix Technocomm Private Limited and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, "BYKUP") is/are concerned about the privacy of the data and information of users accessing, offering, selling or purchasing products or services on BYKUP's Mobile Apps, mobile sites or mobile applications ("Mobile App") on the Personal electronic device and otherwise doing business with BYKUP. "Associate Companies" here shall have the same meaning as ascribed in Companies Act, 2013.
The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of BYKUP and the terms "You" / "Your" / "Yourself" refer to the users.
The Information (which shall also include data) provided by You to BYKUP or collected from You by BYKUP may consist of "Personal Information" and "Non-Personal Information".
1.1 Personal Information
i Your address,
ii Your Mobile number along with IMEI and/or telephone number,
iii Your e-mail address or other contact information,
iv Your date of birth,
v Your gender,
vii Information regarding your transactions on the Mobile App,
viii Your financial information such as bank account information or credit card or debit card or other payment instrument details,
ix Your financial information such as bank account information or credit card or debit card or other payment instrument details,
x Internet Protocol address,
xi Any other items of "sensitive personal data or information" as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
xii Identification code of your communication device which You use to access the Mobile App or otherwise deal with any BYKUP entity,
xii Any other Information that You provide during Your registration process, if any, on the Mobile App.
Such Personal Information may be collected in various ways including during the course of You:
i registering as a user on the Mobile App,
ii availing certain services offered on the Mobile App. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with BYKUP's customer service by phone, email or otherwise or posting user reviews on the items available on the Mobile App, or
iii A record of any correspondence between you and us; A record of any bookings you have made with or through the Site; Your replies to any surveys or questionnaires that we may use for research purposes;
iv otherwise doing business on the Mobile App or otherwise dealing with any BYKUP entity.
Details of accounting or financial transactions including transactions carried out through the Site or otherwise. This may include information such as your credit card, debit card or bank account details, details of Trips (as described in our Conditions) you have booked or offered through the Website or Mobile APP; Information we may require from you when you report a problem with the App
Information is also gathered without you actively providing it, through the use of various technologies and methods such as Internet Protocol (IP) addresses and cookies. These methods do not collect or store personal information.
We use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our site, and to administer and improve the site.
1.2 Non-Personal Information
BYKUP may also collect information other than Personal Information from You through the Mobile App when You visit and / or use the Mobile App. Such information may be stored in server logs. This Non-Personal Information would not assist BYKUP to identify You personally.
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 Mobile App You last visited before visiting the Mobile App,
v The duration of Your stay on the Mobile App may also be stored in the session along with the date and time of Your access to improve your user experience,
Ads: BYKUP may use third-party service providers to serve ads on BYKUP's behalf across the internet and sometimes on the Mobile App. They may collect Non- Personal Information about Your visits to the Mobile App, and Your interaction with our products and services on the Mobile App.
You hereby represent to BYKUP that
i the Information you provide to BYKUP from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to BYKUP.
ii Your providing the Information to BYKUP and BYKUP's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
iii. BYKUP has the right to share your personal/non-personal info with third party alliance partners in technology
Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Union of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercially reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
2. PURPOSE FOR COLLECTING, USING, STORING AND PROCESSING YOUR INFORMATION
BYKUP collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of BYKUP entities and shall include the following:
2.1 to facilitate Your use of the Mobile App or other services of BYKUP entities and technology partners, to enhance your user experience on our platform. These may enable better quality of service to You and collectively to all users of the BYKUP platform.
2.2 to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Mobile App;
2.3 to provide You with information about products and services available on the Mobile App and to send You information, materials, and offers from BYKUP;
2.4 to send You important information regarding the Mobile App, changes in terms and conditions, user agreements, and policies and/or other administrative information;
2.5 to send You surveys and marketing communications that BYKUP believes may be of interest to You;
2.6 to personalize Your experience on the Mobile App by presenting advertisements, products and offers tailored to Your preferences;
2.7 to help You address Your problems incurred on the Mobile App including addressing any technical problems;
2.8 if You purchase any product or avail of any service from the Mobile App, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
2.9 for proper administering of the Mobile App;
2.10 to conduct internal reviews and data analysis for the Mobile App (e.g., to determine the number of visitors to specific pages within the Mobile App);
2.11 to improve the services, content and advertising on the Mobile App;
2.12 to facilitate various programmes and initiatives launched by BYKUP or third party service providers and business associates
2.13 to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
2.14 to conducting academic research and surveys
2.15 to protect the integrity of the Mobile App;
2.16 to respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
2.17 to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
2.18 to permit third parties who may need to contact users who have bought products from the Mobile App to facilitate installation, service and any other product related support;
2.19 to implement information security practices;
2.20 to determine any security breaches, mobile contaminant or mobile virus;
2.21 to investigate, prevent, or take action regarding illegal activities and suspected fraud,
2.22 to undertake forensics of the concerned mobile resource as a part of investigation or internal audit;
2.23 to trace mobile and 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 Mobile App or by BYKUP;
[Individually and collectively referred to as ("Purposes")]
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the BYKUP entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
3. SHARING AND DISCLOSURE OF YOUR INFORMATION
3.1 The Services are not available to You hereby unconditionally agree and permit that BYKUP may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various BYKUP entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by BYKUP under applicable law.
3.4 BYKUP may also share Personal Information if BYKUP believe it is necessary 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.
3.5 We reserve the right to disclose your 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.
3.6 You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-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.
4. LINKS TO THIRD PARTY MOBILE APPS
4.1 Links to third-party advertisements, third-party Mobile Apps or any third party electronic communication service may be provided on the Mobile App which are operated by third parties and are not controlled by, or affiliated to, or associated with, BYKUP unless expressly specified on the Mobile App.
5. SECURITY AND RETENTION
5.1 The security of your Personal Information is important to us. BYKUP strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, BYKUP 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 BYKUP stores Your Personal Information. Each of the BYKUP entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your 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 BYKUP entities from any claim of damages under contract or under tort.
5.2 If you choose a payment gateway to complete any transaction on Mobile App then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
5.3 BYKUP may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, BYKUP is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. BYKUP is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party Mobile Apps, even if links to such third party Mobile Apps are provided on the Mobile App).
5.4 Notwithstanding anything contained in this Policy or elsewhere, BYKUP shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
5.5 A "Force Majeure Event" shall mean any event that is beyond the reasonable control of BYKUP 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, mobile and digital hacking, unauthorised access to computer/mobile, systems or computer/mobile network, mobile/computer crashes, breach of security and encryption (provided beyond reasonable control of BYKUP), power or electricity failure or unavailability of adequate power or electricity.
5.6 While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer or mobile networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
5.7 You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
6. USER DISCRETION AND OPT OUT
6.1 You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit BYKUP to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective BYKUP entity as may be notified to You. In such case, You should neither visit any Mobile App nor use any services provided by BYKUP entities nor shall contact any of BYKUP entities. Further, BYKUP may not deliver products to You, upon Your order, or BYKUP may deny you access from using certain services offered on the Mobile App.
6.2 You can add or update Your Personal Information on regular basis. Kindly note that BYKUP would retain Your previous Personal Information in its records.
7. GRIEVANCE OFFICER
7.2 For Solnix Technocomm Private Limited:
Mr. Yogesh Kalra, the designated grievance officer under Information Technology Act, 2000
7.3 For Bykup Wallet:
Mr. Yogesh Kalra, the designated grievance officer under Information Technology Act, 2000
8. BUSINESS / ASSETS SALE OR TRANSFERS
8.2 You are also under an obligation to use this Mobile App for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Mobile App.