Last updated on: 01 March 2021
[The App/Site allows the User to (i) launch online stores; (ii) design and create catalogues which may be shared with their respective customers through various platforms; (iii) also allows Users to generate a payment link which can be sent it to their respective customers and the customers could use the payment link and make the payment of the amount to the Users in settlement of their obligations towards the Users; (collectively, “Services”)]. Please note that ‘Services’ would include any other future services we may provide or propose to provide.
As we update, improve and expand the NearMarket App Service, this Policy may change, so please refer back to it periodically. By accessing the Site, App or otherwise using the NearMarket App Services, you consent to the collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the services that we offer.
We respect the privacy of the users of the NearMarket App Services (“Users” or “you”) and are committed to reasonably protect it in all respects. The information about the User as collected by us is: (a) information supplied by Users and (b) information automatically tracked while using a mobile device having NearMarket App Services enabled (collectively referred to as “Information”). By using NearMarket App Services, you agree to this Policy. If you do not agree with any term in this Policy, please do not use / avail of the NearMarket App Services.
Information supplied by users
To avail certain Services on the NearMarket App, Users are required to provide certain personal information for the registration process which may include: a) their name, b) email address, c) phone number, d) business entity information, (e) account number of the Users, (f) KYC details and any other such information as required. The Information as supplied by the Users enables us to provide the Services and improve the NearMarket App Services and provide you the most user-friendly experience. In some cases, for the provision of certain service(s) or utility(ies), we may require your contact address as well.
Further, upon downloading the App, Users are requested to share access to their contact list (as stored on their mobile device on which the App is downloaded), so as to enable the User to share payment/credit updates with his customers (who might be or might not be Users). This contact list of the User is uploaded to [insert relevant link], for the purposes of improving and enhancing the User experience of the App.
In an attempt to improve our Services, we may, from time to time, collect any information (other than what is mentioned above) from Users through App / Site. You may be assured that we do not share this data with any third party except in accordance with the terms of this Policy.
We may access a User's inventory of installed apps and treat this data as personal or sensitive data subject to this Policy, secure transmission, and prominent disclosure requirements of User.
All Information is service dependent and we may use the Information to provide the Services, maintain, protect, and improve the NearMarket App Services, and for developing new services.
We may also use your email address and phone number without further consent for marketing, non-marketing or administrative purposes (such as notifying you of major changes, for customer service purposes, providing information about updates to NearMarket App Services, billing, etc.).
Any Information provided by you will not be considered as personal information if it is freely available and / or accessible in the public domain or is not deemed as a personal information under the applicable law. Further, any reviews, comments, messages, blogs posted / uploaded / conveyed / communicated by users on the public sections of the Site or an application store (like the App Store or Play Store) becomes published content and is not considered as personal information which is subject to this Policy.
In case you choose to decline to submit Information on the App / Site, we may not be able to provide certain services on the App / Site to you. We will make reasonable efforts to notify you of the same at the appropriate time. In any case, we will not be liable and or responsible for the denial of certain services to you for due to not receiving necessary Information from you.
When you register with the NearMarket App Services, we may (at our discretion) contact you from time to time about updation of your Information.
Information automatically tracked while using the App or Site
Demographic and Related Information: We may reference other sources of demographic and other information in order to provide you with more targeted communications and promotions. We use Google Analytics, among others, to track the User behaviour on Site.
Log File Information: Our Servers automatically collect limited Information about your device's connection to the internet, including your IP address, when you visit our Site or use the App. We automatically receive and log Information from the App and/or your browser including but not limited to IP address, your device or computer's name, and your operating system, We may also collect log Information from your device, including but not limited to your location, IP address, your device's name, device's serial number or unique identification number (e.g. UDID on your iOS device, Android ID or ADID on your Android Device), your device operating system, browser type and version, CPU speed, and connection speed etc.
Link to third party sites/ad-servers
The Information (including personal information) collected may be shared with our affiliates, and group companies to the extent required for our internal business and/or administrative purposes and/or general corporate operations and to any third party service providers including marketing partners, and the User hereby consents to the same. We will take reasonable steps to ensure that these third-party service providers are obligated to protect your personal information and are also subject to appropriate confidentiality / non-disclosure obligations and they comply with the applicable provisions of the data protection laws. These entities, with whom we share the Information, may market to you as a result of such sharing unless you explicitly opt-out. To opt-out, please indicate your preference by emailing us at [email protected]
The User explicitly consents that we may have access to your SMS, contacts in your directory, location and device information and we may request you to provide your PAN and Know-Your-Customer (KYC) details to check your eligibility for certain products/services including but not limited to credit and payment products, etc., to enhance your experience and provide you access to the services being offered by us, our affiliates or other third party service providers (including lenders).
By using the NearMarket App Services and providing information to us, Users agree and consent to the disclosure, transfer, storage, and processing of the personal information (including the sensitive personal information) by us in India and / or in other countries to its affiliates, group companies and third parties. While our primary motive is to protect the disclosure of personal information (except in accordance with the provisions of this Policy) of Users, Users may note that countries where their Information may be stored, may not have data protection laws similar to the countries where they are located.
In the event that we are involved in a merger, acquisition, bankruptcy, change of control, or any form of sale of some or all of our assets, your Information may be transferred or disclosed in connection with such business transaction.
Certain Information that you provide as part of the registration process on the App / Site such as name and location may be accessible and made public through search engines, crawlers, and other similar codes. Such factors are beyond our control and we disclaim that we cannot fully ensure that your Information will not be disclosed to third parties.
Notwithstanding the above, you acknowledge that we may anonymize your personal information so that you cannot be individually identified and we have a right to share this de-identified information, some of the aggregate findings (and including personal information) with advertisers, sponsors, investors, strategic partners, and others to help grow the business.
Accessing and updating personal information
When Users use the Site (or any of its sub sites) / App, we make good faith efforts to provide Users, as and when requested by Users, with access to their Information and shall further ensure that any personal information or sensitive personal data or other Information found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such personal Information or sensitive personal data or Information to be retained by law or for legitimate business purposes. We ask individual Users to identify themselves and the Information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning Information residing on backup tapes), or for which access is not otherwise required. In any case, where we provide Information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your Information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Information storage and backup
From time to time, we take backup of your data on NearMarket App on our cloud database. This is done for the purpose of enabling Users to get their data back in case their phone's data becomes unusable, or phone gets lost, or the User moves to a new phone device. We also use this backup to provide useful insights and information related to their spends such as weekly spends in a month, insights related to spend behaviour, etc., and to provide information related to User spends, patterns and User data in the form of aggregated and anonymized statistics on data such as User spends by category, date, time, bank balances, etc.
We shall keep User’s Information in our records till the period of time where we can potentially offer the NearMarket App Services to the Users. After such period of time where NearMarket App Services are no more relevant to a User, we remove all the Information pertaining to a particular User from our records.
We take appropriate security measures to protect against unauthorized access to or alteration, disclosure or destruction of data including accidental or intentional manipulation, loss from access by unauthorised parties. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All Information gathered on the App is securely stored within the controlled database. Access to the servers is password-protected and is strictly limited.
Our security measures are regularly reviewed and updated to reflect technological developments. Regardless of where your personal information is transferred or stored, we take all steps reasonably necessary to ensure that personal information is kept secure, however, please understand that no transmission of data over the internet or any other public network can be guaranteed to be 100% (one hundred percent) secure.
We seek to ensure compliance with the requirements of the applicable data protection laws to ensure the protection and preservation of the User’s privacy and personal Information. We have physical, electronic, and procedural safeguards that comply with the laws prevalent in specific jurisdiction to protect User’s Personal Information. By accepting the terms of this Policy, you agree that the standards and practices being implemented by us, are reasonable and sufficient for the protection of your personal information.
We will contact you regarding any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or any other feasible manner in the most expedient time possible and without unreasonable delay, insofar as consistent with the legitimate needs of law enforcement and will undertake all measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Revocation of consent
You have the right to withdraw your consent at any time, in accordance with the terms of this Policy, but please note that withdrawal of consent will not be retroactive. If you’d like us to delete information that you have provided to us, please contact us at [email protected] and we will respond in a reasonable time. Please note that the Site has no responsibility to take down, remove, or edit any of your public activities or any submissions that are a result of your public activities. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal information where such collection, use and disclose without consent is permitted or required under applicable laws.
Responsible organization for the data collection
All the NearMarket App Services are currently provided and regulated by NM Shopping Technologies LLP and therefore NM Shopping Technologies LLP is responsible for the collection, storage and processing of personal information of the Users.
In the event you have any grievance relating to the processing of Information provided by you, you may contact our Grievance Officer, Jayanth at [email protected] or write to us at the following address:
Manatti Tower, Manna