Privacy Policy

DEFINITIONS

“Act” means Information Technology Act, 2000;
“Applicable Law(s)” means all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives and orders as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter or other governmental restrictions or any similar form of decision of, or determination by any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India;
“Affiliate(s)” shall mean such entities and / or third party service providers, external third party non-banking financial companies which may be notified from time to time, that the Company has any contractual collaboration with, as updated from time to time;
“Consent” shall mean as per Clause (III) and Clause (IV)(2)of the Privacy Policy;
“Log Data” shall include internet protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in Our log files, the pages of our Website that You visit, the time and date of Your visit, the time spent on those pages/ and other statistics;
“Platform” means the mobile application named “Infinyte Club” and website with the domain name “Infinyte Club” owned by the Company and includes such products offered by the Company on the website and mobile application, as updated from time to time;
“Purpose” includes,

To provide effective Services;
To enhance User experience while providing effective and continuous Services;
To resolve any customer support related issues;
To operate and improve the Platform;
To perform research and analysis for our understanding, information, analysis, Services and technologies in order to provide all users improved quality of care; and to provide dissemination of information and knowledge related to early stage investing in private companies and / or the Platform customized to Your interests and preferences;
To contact You via phone, SMS or email for appointments, technical issues, payment reminders, obtaining feedback and other security announcements;
To send information dissemination and knowledge centric emails or material from us or any of our channel partners via SMS, email, snail mail or third-party communication Services;
To disseminate information and knowledge about the advertised products and Services of the Company and third parties;
To transfer information about You if we are merged with another company;
To share with our Affiliates, including alternative investment fund(s) and their affiliates, for provision of specific Services You have ordered so as to enable them to provide effective Services to You;
To share Your Personal Information across multiple asset classes including but not limited to Mutual Fund Analytics, Fuel, Pool and any other Asset classes as may be introduced from time to time within the Platform;
To share your Personal Information across multiple products of the Company including but not limited to Infinyte Club, Infinyte Owners and any other product introduced from time to time, whenever required, so as to perform the Service requested by You;
To conduct analytical comparisons of the various asset classes among users who have consented and are included in your list of contacts.
To administer or otherwise carry out our obligations in relation to any agreement You have with the Company;
For purposes of KYC verification;
To build Your profile/user account on the Platform;
To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our Terms of Use, breach of our agreement with You or as otherwise required by law.

“Personal Information”, in addition to section 2(i) and Section 3 of the Rules, shall mean all information provided by You voluntarily or upon request, including but not limited to: (a) Name of the User; (b) Birth date/age; (c) Gender; (d) Address, including country and pin/postal code; (e) general personal financial information including transaction specific information for such transactions on the Platform and KYC information, including but not limited to, passport, driving license, proof of possession of Aadhaar number, Voter’s Identity Card issued by the Election Commission of India, job card issued by NREGA duly signed by an officer of the State Government, or letter issued by the National Population Register containing details of name and address; (f) Phone number/mobile number; (g) Email address, as per requirement, both work and / or personal; (h) Your usage details such as time, frequency, duration and pattern of use, features used, and the amount of storage used; (i) Log Data; and (j) User’s picture, signature and / or any other information that is willingly shared by you, (k) nominee details, (l) links to the User’s public account pages at social media websites, links to personal websites, and other online material related to the User, as and when collected;
“Rules” means the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011;
“Services” shall have the meaning ascribed to it under clause (II)(1).

This Privacy Policy (“Privacy Policy”) governs the use of the website “Infinyte Club” and mobile application “Infinyte Club” (“Platform”) owned by Infinyte Club Private Limited (“Company”, “we”, “us”, “our”) and the on-going services thereof being provided by the Company until the satisfaction of the Purpose or until the User requests the Company to terminate the services, whichever is earlier (“Services”).
This Privacy Policy has been duly framed in accordance with the Information Technology Act, 2000 (“Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Rules”) and / or any rules made thereunder to ensure maximum protection to the information provided by its users (“You” or “User”).
By using the Platform, You agree to abide by the terms and conditions pertaining to collection, retention, transfer and use of information set forth in this Privacy Policy. If You do not agree to the Privacy Policy, You may exit and cease to utilize the Services. In this case, the Company will be unable to provide You with its services and / or will have to terminate any existing relationship thereof.
This Privacy Policy may be incorporated in the terms and conditions of any other agreement specifically entered between the Company and You. In the event of a conflict between the terms of such agreements and the Privacy Policy, the terms of such agreements will prevail and govern so long as they relate to matters specifically referenced herein and this Privacy Policy will apply with respect to all other matters.
The Platform is not targeted towards children. The target audience and content thereof shall be targeted towards adults who are above the age of 18 (Eighteen). In the event the Platform has been accessed and / or any Personal Information has been inadvertently collected from a person / child not eligible as per this clause, kindly contact the Company at [email protected] and the Company shall delete such Personal Information as soon as possible.

CONSENT OF USER

If You are a business entity, You warrant and represent that You are accessing the Platform for business or related purposes only and hold valid registrations for its entity with relevant statutory authority, where applicable.
If the User is registering as, or on behalf of, a corporate entity, User warrants and represents that User has requisite authority to bind that corporate entity and that User is duly authorized by the business entity to accept the Privacy Policy and User has the authority to bind that business entity to the Privacy Policy.
If the User is uploading any document containing information pertaining to a corporate entity, User warrants and represents that User has the requisite authority from the corporate entity to share that document in the Platform and User warrants to indemnify the Company against any and all claims and/or liabilities arising out of uploading such document to the Platform.
If You are an entity or an individual person, you acknowledge and accept that You are aware of the risks related to investments and that You are accessing this Platform with the knowledge of investments in unlisted private entities and any other investments that You may choose to execute through this Platform or through its Affiliates, from time to time.
If You are an individual person, you acknowledge that Your consent is being obtained for giving Us access to your list of contacts for providing effective Services to you.
You acknowledge that Your consent is being obtained for sharing any specific information, subject to Your consent, with those in Your contact list or any User of the Company.
You acknowledge that Your consent is being obtained for using Mutual Fund Central API, account aggregator, evhan, or any other data vendor, to pull Your Personal Information from a third party service provider, subject to Your Consent.
You acknowledge that Your Consent is being obtained for the Purpose defined under Clause 1(vii) for, including but not limited to, data sharing, data collection, use and disclosure of Personal Information.
If in future the Applicable Laws provide for a consent withdrawal process, the Company shall make such right available to all Users, as per Applicable Law.

POINTS OF DATA COLLECTION

We collect information from Users when Users access the Platform and/or use any of the features available on the Platform.
The Platform may also request other Personal information at the beginning of and/or during the course of Services, to provide the Users with other benefits of the Services.
We collect and verify User’s KYC through an API integrated with a SEBI authorized and registered KYC Registration Agency (KRA). We also collect and verify bank accounts through a penny drop function.
We collect information from Users when Users grant permission to the Platform through their electronic device, such as, laptop, personal computer and / or smartphone.
The Company receives information including results from Google analytics and other agencies which are not proprietary data of the Company and is therefore, not within the control of the Company.
The Company will also receive information from such third party service providers that may collect and / or monitor the Log Data. The Company shall not be responsible for any breach of privacy, or any issues related to accuracy of such third party data or third party information.
The Company may also collect cookies (a piece of software code that the Platform automatically sends to Your browser when You access the Platform) that enable it to provide You a better user experience. The Company does not link the information stored on the cookies to any Personal Information submitted by You.

USE OF DATA COLLECTED
The Company may use the information collected from Users for the Purpose defined under Clause 1(vii) as well as in ways, including but not limited to;

To personalize Users’ experience and provide content and product offerings that are best suited to Users’ interests;
To improve the Platform in order to serve Users better;
To allow the Company to better respond to Users specific service requests;
To improve the Company's Services;
To improve with better placement of the dissemination of information and knowledge, for the Purpose of this Privacy Policy;
To overall analyze and understand User behavior by use of data analytics, the results of which shall be considered our sole intellectual property and proprietary know-how, and shall not by virtue of use of Users data for the purpose of such analysis grant any right of ownership of the end product to either Users or any of Users heirs or assigns or to any other third party.

STORAGE OF DATA

The Company will store Your Personal Information shall be retained up to such period from the Last Date of Use of the Services as may be permissible under Applicable Laws.
“Last Date of Use of the Services” shall be such date when You expressly terminate Your association with the Platform or retract Your express consent to this Privacy Policy or request the deletion of Your Personal Information stored with Us, whichever is earliest.
In the event You decide to stop availing Services, including but not limited to, deleting the Personal Information stored with the Company, the same shall be honored by the Company if requested in writing to [email protected]. Any Personal Information deleted by the Company shall not be available to restore under any circumstances.
The Company will keep records of communications, including but not limited to, phone calls received and made for making enquiries, orders, feedback and / or any other purposes for rendering Services effectively and efficiently. The Company will be the exclusive owner of such data and records. However, such data will be shared to any other platform for which the Company plays the role of a lead generator.
As a rule, all records are regarded as confidential. Therefore, will not be divulged to any third party, unless required as per the terms of this Privacy Policy or under Applicable Laws.

LINKS TO THIRD PARTIES

The Platform may contain links to third party websites. We are not responsible for any content on such third party websites, and we shall not be liable for any breach of Your privacy by such websites. You undertake to read and understand the privacy policy of such third party websites.
We collect and verify User’s KYC through an API integrated with a SEBI authorized and registered KYC Registration Agency (KRA).
For the avoidance of doubt, our Privacy Policy only governs the Personal Information collected, received, possessed, stored, dealt with, transferred or handled for the purposes of Services on the Platform.

COOKIE POLICY

Our Platform may use cookies. By using our Platform and agreeing to these terms of use, Users’ consent to our use of cookies in accordance with the terms of this Privacy Policy.
The use of cookies is employed to:

Help us remember and process the items that Users are looking for;
Understand Users’ preferences based on previous or current site activity, which enables us to provide Users with improved services;
Compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in future; and
Understand and save Users' preferences for future visits.

You can choose to direct Your computer to warn You each time a cookie is being sent, or Users can turn off all cookies through Users browser settings. Each browser is different, so refer to your browser's Help Menu to learn the correct way to modify your cookies.
If Users disable cookies, Users can still visit our site but some features will be disabled. This could affect the User's Platform and Services experience and efficiency, and some of our Services will not function as desired.
The Company is neither responsible nor liable for any actions or policies of any third parties, and Users are expressly advised to check the applicable privacy policy of such third parties before providing Personal Information to such third parties.

SECURITY MEASURES

In order to ensure the security of your Personal Information, the Company employs various security measures.
The Company uses security practices and procedures including role-based access, secure communication, password protection, encryption, etc., to ensure that the Personal Information collected is secure.
Notwithstanding anything mentioned in this Clause (IX), despite the Company’s best efforts, in the event there is an unauthorized access or use and / or software failure and / or compromise to the security of the Personal Information, due to factors beyond the control of the Company, including but not limited to, a hack and / or a server failure, the Company shall not be liable for any losses and / or damages endured by You.
You agree, understand and support the fact that the internet may not be a secure source and therefore, we cannot guarantee the unequivocal protection of User Information.

MECHANISM OF SHARING DATA WITH THIRD PARTIES

We may disclose Personal Information about you to our representatives and other third parties as per Clause (VII). We also reserve the right to disclose your Personal Information to third parties in an anonymous or aggregate form, to understand customer trends and patterns and manage and improve our business relationships.
We provide your Personal Information to our Affiliates, representatives and third party processors to administer and process for the purposes notified to you in this Privacy Policy, and we may also share such details with third parties, including but not limited to, auditors or legal advisors to obtain professional advice. Any such processing will be governed by an agreement in the form required as per Applicable Law, preserving any and all of Your statutory data protection rights. You authorize us to exchange, transfer, share, part with all or any of your Personal Information, across borders and from Your country to any other countries across the world with our affiliates/agents/third party service providers/partners/banks and financial institutions for the Purposes specified under this Privacy Policy or as may be required by Applicable Law.
You acknowledge that some countries where We may transfer Your Personal Information may not have data protection laws which are as stringent as the laws of Your country. You acknowledge that it is adequate that when the Company transfers your Personal Information to any other entity within or outside India, the Company will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
The User’s financial information, as included under Personal Information, is transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, the User is advised to exercise discretion while saving such payment details.
The Company shall be allowed to provide User Information to third – party(ies) for the purposes of KYC with any SEBI registered agency, as defined and registered as per the SEBI (KYC (Know Your Customer) Registration Agency) Regulations, 2011, or any amendments or notifications thereof, through API integration with such duly SEBI registered service providers.
You acknowledge that the Company may be obligated by law to disclose and / or transfer Your Personal Information with judicial and / or quasi – judicial courts and government agencies in certain instances such as for verification of identity or for prevention, detection, investigation, prosecution, and punishment for offences, or in compliance with Applicable Laws. In the event of any regulatory inquiry, including court issued warrants or written request from any agencies of the Government, supported by warrants, the Company shall have no option but to de-encrypt the Personal Information to the extent sought and share the same with such regulator or court or appropriate authority upon receiving specific warrant from such authority issued by a competent Court. In such an event the Company shall not be liable in any way for such disclosure and the Company shall not be responsible to either inform Users or seek Users’ prior approval.
Notwithstanding the above, we are not responsible for the confidentiality, security or distribution of Your Personal Information by third party(ies) outside the scope of our agreement with such third party(ies), in accordance with Clause (VII). The Company will not be responsible for any breach of security or for any actions of any third parties or events that are beyond the Company's reasonable control, including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service and / or telephone service of the User, etc.
The Company may share your Personal Information with our other corporate and/or associate entities and affiliates to; (a) help detect and prevent identity theft, fraud and other potentially illegal acts and cyber security incidents, and (b) help and detect co-related/related or multiple accounts to prevent abuse of our Services.

PRINCIPLES FOR PROTECTION OF PRIVACY

Commitment to Privacy. The Platform is strongly committed to Users' right to privacy and to keeping Users' personal and financial information secure. To earn Users’ trust and confidence, we are fully disclosing our privacy practices. We encourage Users to read our Privacy Policy to understand what types of Personal Information we collect and how we use this information.
Applicability. This Privacy Policy sets forth the reasonable security practices and procedures adopted by the Company and shall apply to the use, disclosure and sharing of Personal Information provided by the registered Users of the Platform which is owned and operated by the Company. This policy is equally applicable on the visitors to the Platform. The Policy outlines the various measures undertaken by the Company to provide Users with a convenient and safe online/ experience, while maintaining and safeguarding the confidentiality, integrity, and security of Users’ Personal Information, during storage and transmission through the world wide web. This Policy explains how the Company protects Personal Information provided by Users through the Platform and how the Company stores and uses that information to deliver the Services on the Platform.
Change in Policy. This Privacy Policy is subject to change at any time, and it is advised that Users review this Policy periodically. Any change to this Policy will become effective as soon as it is posted or linked to the revised Privacy Policy on the Platform. Users shall receive a notification whenever there is a change in our Policy on Users registered email ID and the issuance of the notification shall constitute a fair amendment of the Privacy Policy.
Retraction of User Consent. If at any time such changes are not agreeable to a User, then the User may terminate his registration with the Platform. Such termination and / or stopping of further use shall not result in any automatic deletion of Users’ Personal Information already stored with the Platform and the Company takes no responsibility or makes no representation which would imply otherwise.
Users’ Responsibility. It shall be the responsibility of the Users to read and assess such changes in the Policy once such notifications have been sent to Users' registered email ID.

PURGING OF PERSONAL DATA

Users’ personal data may be stored with the Company for a period of time after the User ceases to use or access our Platform for the purposes mentioned in this Privacy Policy and the same may be eventually erased / purged / removed from the Company's storage.

RIGHT TO INJUNCTIVE RELIEF

It is acknowledged and admitted by the User that a breach of the Privacy Policy by the User can cause irreparable damage to the Company, and such damages may or may not be entirely quantifiable in monetary terms. Therefore, in the event of a breach of this Privacy Policy by the User, the User acknowledges that the Company shall have a prima facie case and a favourable balance of convenience to seek an injunctive relief to stop such continuing breach from a court of competent jurisdiction.

LIMITATION OF LIABILITY

THE PLATFORM IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
NO LIABILITY ARISING OUT OF ANY VIOLATION OF DATA PRIVACY LAW IN ANY OTHER COUNTRY OTHER THAN REPUBLIC OF INDIA SHALL RESIDE WITH THE COMPANY. THE USERS OF SUCH COUNTRY (OTHER THAN REPUBLIC OF INDIA) NEED TO BE AWARE OF THE DATA PROTECTION LAWS OF THAT COUNTRY AND ACCORDINGLY ASSESS THE RISK SINCE THE COMPANY CLEARLY DISCLAIMS ALL RESPONSIBILITY RELATED TO PROTECTION OF SUCH DATA.
WITHOUT LIMITING THE GENERALITY OF ABOVE CLAUSE, THE COMPANY MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET USERS’ REQUIREMENTS OR THAT USERS USE OF THE PLATFORM, OR ACCESS TO THE PRODUCTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (II) THE QUALITY OF THE PLATFORM WILL MEET USERS’ EXPECTATIONS.
THE COMPANY SHALL NOT BE LIABLE FOR:

ANY LOSS THAT USERS MAY INCUR AS A CONSEQUENCE OF UNAUTHORISED USE OF USERS' ACCOUNT OR ACCOUNT INFORMATION;
ANY LOSS THAT USERS MAY INCUR AS A CONSEQUENCE OF ANY ACTS OR OMISSIONS OF THE AFFILIATES;
ANY INTERRUPTION OR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON INCLUDING BUT NOT LIMITED TO SYSTEMIC FAILURES AND ACTS OF GOD;
ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER-VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THEREFROM; OR
ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
ANY INVESTMENT OR TRANSACTION DECISION/ACTION MADE BY A USER OR ITS CLIENTS ON THE BASIS OF INFORMATION AND PRODUCT DISPLAYED ON THIS PLATFORM OR BY AFFILIATES.
ACCURACY, CORRECTNESS OR ORIGINALITY OF ANY DATA INCLUDING ALL INDICES PUBLISHED ON THE PLATFORM WHETHER THE SAME IS THIRD PARTY DATA OR AFFILIATES DATA OR OTHERWISE.
ANY CLAIMS OR LIABILITY ARISING OUT OF THE DOCUMENTS UPLOADED BY THE USER IN ANY ASSET CLASS;

USERS ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS ON THE COMPANY’S LIABILITY SET OUT IN THIS CLAUSE ARE DISTINCT AND SEPARATE PROVISIONS. IF ANY PROVISION OR PART-PROVISION OF THIS CLAUSE IS OR BECOMES INVALID, ILLEGAL OR UNENFORCEABLE, SUCH RESPECTIVE PROVISIONS SHALL BE SEVERED FROM THE PRIVACY POLICY AND THE PRIVACY POLICY SHALL BE READ WITHOUT SUCH UNLAWFUL PROVISIONS.

GRIEVANCE REDRESSAL MECHANISM

In order to address any of Your grievances and / or discrepancies of the information displayed on the Website, the Website shall designate the below mentioned grievance redressal officer(s) (“Grievance Officer”). The Grievance Officer shall redress all the grievances expeditiously but within 1 (one) month from the date of receipt of the grievance as provided under the Act.

Level One
Ms. Ankita Tandon
[email protected]
Level Two
Ms. Joylita Saldanha
[email protected]

INDEMNITY

Users shall indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorney's fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of any document uploaded by a User or any breach or non-performance by Users of any of the terms of this Privacy Policy use of the Platform.

GOVERNING LAW AND DISPUTE RESOLUTION

All disputes arising out of this Privacy Policy and any disclaimers on the Platform shall be subject to the sole and exclusive jurisdiction of the courts of Bengaluru, India.