Privacy & Cookies Policy

This Privacy Policy governs access and use of the Services, as defined under the Terms of Use (hereinafter referred to as “Terms”) on the electronic platforms, including the mobile application and/ or website, known as “Delta Exchange India” (hereinafter referred to as “Platform”). The Services (as defined in Terms) are being provided through the Platform and are operated by Excelium Technologies Private Limited (hereinafter referred to as “Excelium”), a company registered under the Companies Act, 2013. The underlying technology in the Platform is owned by Protocol Labs Pte Limited, a private company registered under the laws of the Republic of Singapore, which has licensed Excelium to operate and provide Services on the Platform. As explained in the Terms, there may be different versions or features of the Platform where the Services are provided to the user. Capitalised terms used but not defined herein will have same meaning as ascribed to it in the Terms.

The purpose of this privacy policy (“Privacy Policy”) is to enable you to understand what personal information of yours is collected, how and when we might use or share your information, and how you can correct inaccuracies in the information. Our Privacy Policy is incorporated as a part of the Terms. By registering or otherwise using our Platform, you hereby agree to the use, collection, and disclosure of the data/information we collect in accordance with this Privacy Policy. For the purposes of this Privacy Policy, “we”, “us”, or “our”, “Company”, “Excelium” shall refer to Excelium Technologies Private Limited and “user”, “you”, or “your” shall refer to you. We will adhere by the laws in place that create offences for unauthorized actions against computer systems and data. We may deny your access to our Services and/or Platform as per the conditions set out in the Terms and this Privacy Policy.

The Privacy Policy applies to all who sign up for Services in the Platform including, but not limited to the website, mobile-based application, or any other sources. You do not have the obligation to provide any information, including sensitive personal information or any other information to us. Notwithstanding the foregoing, you will not be able to obtain our Services on the Platform if you do not provide information that is stated in this Privacy Policy. If you are using/accessing this Platform it will be seen as an explicit consent of your agreement and acknowledgement of this Privacy Policy. We have also published our Privacy Policy on our Platform and the Service shall be governed in conjunction with the Terms specified therein.

Company Information

1. 1.1. 

   Company legal name:

   Excelium Technologies Private Limited

2. 1.2. 

   Company address:

   WeWork Chromium, CTS No. 106, 106/1-5, Jogeshwari-Vikhroli Link Road (JVLR), Near L&T Junction, Milind Nagar, Powai Mumbai, Maharashtra, India, 400076

3. 1.3. 

   Privacy queries email:

   [email protected]

These are the categories of data we may process:

1. 2.1. 

   Aadhaar:

   shall have the meaning ascribed to it in Section 2.7.

2. 2.2. 

   Aadhaar Act:

   shall have the meaning ascribed to in clause (a) of Section 3.2.

3. 2.3. 

   Account:

   shall mean the account created by a user on the Platform to use/access the Services provided by us.

4. 2.4. 

   Activity and Behavioural:

   shall mean friend list, interests, tagged media.

5. 2.5. 

   Beneficial Owner:

   shall mean any person, whether natural or judicial, who, whether acting alone or together, or through one or more judicial persons, has/have a controlling ownership interest or who exercises control through other means.

6. 2.6. 

   Communications Data:

   shall mean messaging data, social media posts, postal content.

7. 2.7. 

   Contact Details:

   shall mean name, email address, telephone number, address.

8. 2.8. 

   Delta Exchange India:

   shall have the meaning ascribed to it in the preamble.

9. 2.9. 

   Financial Data:

   shall mean billing address, bank account, credit or debit card number, bank account details, unified payment information number or any other financial information.

10. 2.10. 

    GDPR:

    shall have the meaning ascribed to it in Section 17.2.

11. 2.11. 

    Identifiers, Identifiers and Legal Documents:

    shall mean Unique Identification (“Aadhaar”) number, last four numeric digit of your Aadhaar card (“Masked Aadhaar”), Permanent Account Number (“PAN”) or the equivalent e-document thereof or Form No. 60 as defined in Income-tax Rules, 1962, email address, mailing address, phone number, pincode, documents in respect of the nature of business and financial status of the client, or the equivalent e-documents as may be required, Know Your Customer (hereinafter referred to as “KYC”) related information required under applicable law. If you are a company then your relevant certificate of incorporation, your memorandum of association and articles of association, your PAN number, names of the relevant persons holding senior management positions, registered office and principal place of its business, if they are different, documents required for individual relating to beneficial owner, managers, officers or employees, as the case may be, holding an attorney to transact on your behalf. If you are a partnership firm then the relevant certificate of registration, partnership deed, your PAN number, names of all the partners and address of the registered office, and the principal place of your business, if they are different, documents required for individuals relating to beneficial owner, manager, officers or employees, as the case may be, holding an attorney to transact on your behalf.

12. 2.12. 

    Images and Recordings:

    shall mean CCTV footage, photos, videos.

13. 2.13. 

    KMP

    shall mean (a) the chief executive officer of a company or the managing director or the manager; (b) the company secretary of the company ; (c) the whole-time director of the company ; (d) the chief financial officer of the company ; and (e) such other officer as may be prescribed from time to time.

14. 2.14. 

    KYC:

    shall have the same meaning ascribed to it in Section 2.9.

15. 2.15. 

    KYC Information:

    shall mean the capturing of live photo of the client and officially valid document or the proof of possession of Aadhaar, where offline verification cannot be carried out, along with the latitude and longitude of the location where such live photo is being taken by an authorised officer of the reporting entity as per the provisions contained in the Prevention of Money-Laundering Act, 2002.

16. 2.16. 

    Location Data:

    shall mean global positioning system location, tracking data.

17. 2.17. 

    Masked Aadhaar:

    shall have the meaning ascribed to it in Section 2.7.

18. 2.18. 

    PAN:

    shall have the meaning ascribed to in Section 2.9.

19. 2.19. 

    Platform:

    shall have the meaning ascribed to it in the preamble.

20. 2.20. 

    Rules:

    shall have the meaning ascribed to it in clause (a) in Section 21.2.

21. 2.21. 

    Sensitive Personal Information or Data:

    shall mean such personal information which consists of information relating to;— (a) password; (b) sexual orientation; (c) biometric information; and (d) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise: provided that, any 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 regarded as sensitive personal data or information for the purposes of these rules.

22. 2.22. 

    Service:

    shall mean all the services made available by us on the Platform.

23. 2.23. 

    Technical Identifiers:

    shall mean IP address, username, passwords.

24. 2.24. 

    Terms:

    shall have the meaning ascribed to it in the preamble.

25. 2.25. 

    Views and Opinions:

    shall mean survey responses, testimonials, non-political, religious or philosophic opinions.

26. 2.26. 

    VPN:

    shall have the meaning ascribed to in Section 13.2.

27. 2.27. 

    Work-related Data:

    Examples include details of grievance, completed tasks, disciplinary proceedings.

28. 2.28. 

    Your Information:

    shall mean any information that you share with us while availing the Service, including but not limited to Sensitive Personal Information of Data.

1. 3.1. 

   Additionally, we may also use and process Your Information, including Sensitive Personal Information or Data provided by or collected from you, inter alia, for the following purposes:
   1. Undertaking other verifications as mandated by law apart from those set out in the table above;
   2. completing on-boarding processes;
   3. establishing and verifying your identity either on the Platform on a stand-alone basis, or where the Services are offered on a different version or feature of the Platform;
   4. conducting research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;
   5. for technology, products and market research purposes;
   6. developing, enhancing, marketing and promoting various other products and services, and provide those product and services to you, either ourselves or from or by our affiliates, partners, group companies or other third parties;
   7. to enable us to proactively communicate with law enforcement agencies or any other government or judicial body in connection with any suspicious activities;
   8. to enforce legal rights against you;
   9. for any other purpose with your consent.

2. 3.2. 

   Identity Verification and due diligence:

   While using your Account and our Service you hereby declare and represent that you are a resident of India under the applicable laws of India. We will require identity verification and other screening procedures with respect to you or the transactions associated with Your User Account as per our ‘Client Due Diligence Programme’ as provided below. These verification and screening procedures may include, without limitation, checking the information you provide to us with any governmental authority. We retain the right to not provide Services/ suspend Your user Account in case we identify any defect in the identity verification and/or the due diligence. Your identity verification or Your KMPs’, directors’ or partners’ verification may be undertaken by the following methods:

   1. offline verification under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits And Services) Act, 2016 (“Aadhaar Act”);
   2. ; or
   3. any valid documents or modes of identification as notified by the Government of India from time to time.

   3.2.1. 

   If you are an individual, you would be required to submit the following documents to us:
   1. Aadhaar number, where you decide to submit the Aadhaar number voluntarily to us or you provide the proof of possession of Aadhaar number where offline verification can be carried out; or you provide the proof of possession of Aadhaar number where offline verification cannot be carried out;
   2. PAN or the equivalent e-document thereof or Form No. 60 as defined in Income-tax Rules, 1962. If you do not submit the PAN.

   3.2.2. 

   If you are a company, you would be required to submit the following documents (or equivalent e-documents) to us:
   1. Certificate of incorporation;
   2. Memorandum of association and articles of association;
   3. PAN;
   4. names of the KMPs and/or directors who would be accessing the Account, Platform or any of our Services on behalf of the company, along with the relevant information of such KMPs or directors as prescribed under Section 3.2.1;
   5. registered office and the principal place of business, if they are different
   6. documents required for individuals as set out above relating to Beneficial Owner, managers, officers or employees, as the case may be, holding an attorney to transact on your behalf.

   3.2.3. 

   If you are a partnership/limited liability partnership (“LLP”), the partnership is required to submit the following documents (or equivalent e-documents) to the Exchange:
   1. Certificate of registration;
   2. Partnership Deed;
   3. PAN;
   4. names of all the partners and the relevant identification details of such partners as prescribed under Section 3.2.1.
   5. address of the registered office, and the principal place of its business, if they are different;
   6. documents required for individuals as set out above relating to Beneficial Owner, managers, officers or employees, as the case may be, holding an attorney to transact on its behalf.

   3.2.4. 

   You may be required to provide us with certain other personal and sensitive personal information from time to time, including, but not limited to:
   1. your name;
   2. address;
   3. telephone number;
   4. email address;
   5. date of birth;
   6. passport number;
   7. photograph;
   8. a resolution from the board of directors and power of attorney granted to your managers, officers or employees, as the case may be to transact on your behalf (if you are a company);
   9. registration certificate (if you are a partnership firm/LLP);
   10. trust deed (if you are a trust); and
   11. any other information as may be required.

   3.2.5. 

   You hereby explicitly consent for us to, directly or through a third party, make any inquiries as mandated under the relevant law or what we consider necessary to verify your identity including your Aadhaar details. You hereby confirm that you will assist any third party in carrying out the verification including offline verification as provided under the Aadhaar Act. By accepting the conditions in these Terms as well as those specified in the Privacy Policy, you hereby give your “explicit consent” to collect, store, process, disclose and safeguard Your Information, including your KYC details, Aadhaar (including Masked Aadhaar) details and/or protect against fraud, including but not limited to:
   1. query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth);
   2. query account information associated with your linked bank account (e.g., name or account balance); and
   3. take action we reasonably deem necessary based on the results of such inquiries and reports.

   3.2.6. 

   We would be undertaking subsequent identity verification again when you carry out:
   1. any transaction ; or
   2. any international money transfer operations.

   3.2.7. 

   In case of certain specified transactions i.e., where the cash deposit or withdrawal, transaction in foreign exchange, high value import or remittance, exceeds the specified limit as prescribed by the Government of India or where there is a high risk of money laundering or terrorist financing, we would be required to carry out enhanced due diligence prior to the commencement of each such specified transaction, without which such transaction would not be permitted to be carried out. Such enhanced due diligence measures would include:
   1. undertaking your identity verification before such transaction as specified above;
   2. taking additional steps to examine your ownership and financial position including obtaining information with respect to the source of funds wherein we may categorise users as low, medium, or high risk based on our assessment in the identity verification and due diligence process; and
   3. recording the purpose behind conducting the transaction and the intended nature of the relationship of the parties to the transaction.

   3.2.8. 

   The information collected by us while applying enhanced due diligence measures as stated above will be maintained for a period of 5 years from the date of transaction.

3. 3.3. 

   Responsibility for Account Activities:

   You will be bound by, and hereby authorize us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used Your User Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of Your User Account has been compromised, we will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by you by any unauthorised use of Your User Account.

4. 3.4. 

   Maintenance of Records:

   1. We will be maintaining a record of transactions in a manner enabling us to reconstruct individual transactions and records of documents evidencing your/ Beneficial Owner’s identity and account files and business correspondence relating to you.
   2. We shall maintain records in relation to the following transactions for at least 5 (five) years from the date of each such transaction:
         (i) cash transactions of a value exceeding INR 10,00,000 (Indian Rupees Ten Lakhs) or its equivalent in foreign currency;
         (ii) series of cash transactions where individually each transaction is valued below INR 10,00,000 (Indian Rupees Ten Lakhs) or its equivalent in foreign currency, but the monthly aggregate value of such transactions exceeds INR 10,00,000 (Indian Rupees Ten Lakhs);
         (iii) suspicious transactions;
         (iv) all cross-border wire transfers of a value of more than INR 5,00,000 (Indian Rupees Five Lakhs) or its equivalent in foreign where either the origin or destination of the funds is in India.
   3. We shall maintain a record of documents evidencing your/ Beneficial Owner’s identity as well as account files and business correspondence relating to you for a period of 5 (five) years after the business relationship has ended.

5. 3.5. 

   We will use and retain Your Information for such periods as necessary to comply with any applicable laws, discharge our legal obligations, resolving disputes, record keeping and to enforce our rights and remedies including enforcement of the Terms and this Privacy Policy.

6. 3.6. 

   Customer Acceptance Policy:

   1. We do not open Accounts, allow access to our Platform nor avail our Services to those users who are register with anonymously or with a fictitious and/or benami name.
   2. We do not open Accounts, allow access to our Platform nor avail our Services to those users for whom we cannot complete the identity verification and due diligence process, either due to non-cooperation by the user or non-reliability of the documents/information furnished by the user.
   3. Pursuant to clause (b) of Section 3.6, the user shall not have an Account, have access to our Platform nor avail our Services until such identity verification and due diligence process has been completed by the us.
   4. We will not open Account for those users who intend to open a joint account with another individual(s), a body corporate, or any other going concern. You hereby declare that the Account shall solely be operated, controlled, and used by you. We reserve the right to either suspend or terminate your Account pursuant to the procedures established under Section 15 of the Terms.
   5. Notwithstanding anything contained in clause (d) of Section 3.6 shall not apply to the authorised representatives operating Accounts(s), using our Platform or availing our Services(s) on behalf of a company or partnership provided such authorised representatives have fulfilled the identity verification and due diligence requirement specified in Sections 3.2 and 3.3 in the Privacy Policy and the Terms respectively.
   6. We reserve the right not carry our identity verification and due diligence where we have reason to believe that the user is engaging in money laundering or terrorist financing and that carrying out identity verification and verification will tip-off of such users. Further, in these situations we reserve the right to inform the concerned law enforcement agency(ies) under the Applicable Laws, including but not limited to the concerned departments under the Ministry of Home Affairs, Ministry of Finance and Reserve Bank of India.

We use different methods to collect data from and about you including through:

1. 10.1. 

   Direct interactions

   - Your Information that you provide to us pursuant to Section 3.2.

2. 10.2. 

   Automated technologies or interactions.

   - As you interact with our website and services, we will automatically collect technical, profile and usage data about your equipment, browsing actions, and patterns.

3. 10.3. 

   Third parties or publicly available sources. - We might receive personal data about you from various third parties or publicly available sources like the ones set below.
   1. Work-related data from recruiting or professional networking websites.
   2. Identity and contact data from publicly available sources.

1. Some of our external third parties are based outside the territorial jurisdiction of India. However, we do not send or transfer any of your Sensitive Personal Information or Data, KYC related information or Aadhaar details to such third parties that are based outside the territorial jurisdiction of India. Whenever we transfer your Sensitive Personal Information or Data out of India, we ensure a similar degree of protection standards that is followed in India is afforded to it by ensuring at least 1 (one) of the following safeguards is implemented:
   1. the country to which personal data is being transferred has been deemed to provide an adequate level of protection for personal data under relevant laws of India. or
   2. we use specific contracts which give personal data the same protection it has in India.
2. You hereby consent to any disclosure/transfer of your information/data collected by us to the third parties including parties based out of territorial jurisdiction of India.

1. 13.1. 

   We have put in place appropriate security measures to prevent your data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your Sensitive Personal Information or Data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

2. 13.2. 

   We may put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

3. 13.3. 

   Where you have chosen a password that enables you to access certain parts of our applications, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.

4. 13.4. 

   In an event if you wish to withdraw your consent for any storage, usage, transfer, disclosure of the information you have provided under Section 3.2, you can write to us at [email protected] .exchange for the same. Please note that withdrawing your consent will affect the Services being provided to you by us and we retain the right to stop providing the Services to you upon withdrawal of consent.

5. 13.5. 

   We assume no liability for any disclosure of information due to errors in transmission, unauthorised third-party access, use of Virtual Portable Network (“VPN”) or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our gross negligence or wilful default. To that extent you shall hold us harmless from any liability that may arise from such disclosures of information as mentioned thereof.

6. 13.6. 

   In using the Platform and the Services, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the Platform will be at Your own risk.

1. 14.1. 

   We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.

2. 14.2. 

   We have adopted the following methods to secure Your Information:
   1. All Your Information can be accessed by us or the third party. You hereby provide your explicit consent to us for storing Your Information.
   2. Your personal information, including your KYC details and Aadhaar details will be either stored in our, or our authorised third party’s server, both of which will be situated in the territorial jurisdiction of India.
   3. Your Information and other information that are neither defined under this Privacy Policy or Terms will be hosted in third party servers situated outside India as specified under Section 12 of this Privacy Policy.

3. 14.3. 

   You hereby explicitly consent to any part of Your Information, to the extent permissible under law being used, processed, or stored outside India as well. Under those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country or those countries may be able to obtain access to Your Information through foreign laws. You need to be aware that the privacy standards of those countries may be different than those of the Republic of India.

You have the right to:

1. 15.1. 

   Request access

   to your personal data This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

2. 15.2. 

   Request correction

   of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

3. 15.3. 

   Request erasure of your personal data

   This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed Your Information unlawfully or where we are required to erase your personal data to comply with local law. Note however that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

4. 15.4. 

   Object to processing of your personal data

   where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process Your Information which override your rights and freedoms.

5. 15.5. 

   Request restriction of processing of your personal data.

   This enables you to ask us to suspend the processing of your Sensitive Personal Information or Data in the following scenarios:
   1. If you want us to establish the accuracy of data processing.
   2. Where our use of the data is unlawful, but you do not want us to erase it.
   3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims.
   4. You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

6. 15.6. 

   Request the transfer of your personal data

   to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

7. 15.7. 

   Withdraw consent

   at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

8. 15.8. 

   Make a complaint.

   You have the right to make a complaint at any time to the relevant regulator. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information concerning your request to speed up our response. We try to respond to all legitimate requests within 1 (one) month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

1. 16.1. 

   This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

2. 16.2. 

   Type of cookies we use:

   1. Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
   2. Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
   3. Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
   4. Marketing or Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests.

Please note that the following third parties may also use cookies, over which we have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third-party cookies are likely to be analytical or performance or targeting cookies.

If you want to restrict or block the cookies that are set by our website, you can do so through your browser settings. Alternatively, you can visit https://www.termsfeed.com/blog/cookies, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features that we offer or store your preferences and some of our pages might not display properly.

1. 19.1. 

   This Platform is designed for the exclusive use and access of individuals who are residents of the Republic of India. For the purpose of the Terms and this Privacy Policy, a person would be considered resident if they are legally and permanently residing within the territorial boundaries of the Republic of India under the applicable laws and does not include any non-resident Indian. In conjunction with Section 13.5, we hold not responsibility for Your Information that you share using VPN or any other tool that you use to circumvent or bypass the servers to access the Platform. By agreeing to the Terms and this Privacy Policy, you specifically declare that you are a legal and permanent resident of India who is residing in the territorial limits of the Republic of India.

2. 19.2. 

   You undertake that you shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that:

3. 19.3. 

   You acknowledge that any restrictions specified under Section 17.2 would attract civil and/or criminal penalty under the penal provisions of the Information Technology Act, 2000 and the underlying rules, Indian Penal Code, 1860 and other such applicable laws that be in place from time to time. In the event of any violations of the restrictions imposed on you under Section 17.2 we are under an obligation to report such violations to the applicable law enforcement agencies established under the applicable laws. By agreeing to this Privacy Policy and the Terms thereof, you agree that we are you will be subjected to such restrictions as imposed on your under this Section 17.3, Section 17.2 and other such restrictions in this Privacy Policy.

4. 19.4. 

   The Terms and Privacy Policy are not as per the General Data Protection Regulation (“GDPR”) of the European Union, Personal Information Protection Law of the People’s Republic of China, Personal Data Protection Act of Singapore or any other foreign data protection law, if you access our Platform from the European Economic Area, China or Singapore, then we shall not be liable as per the aforementioned laws.

5. 19.5. 

   You may choose not to provide identifiable information through the Platform, in which case you may not be allowed to access all or certain features / parts of the Platform. If you are a registered user, you may update, edit, or correct Your user Account information and email preferences at any time by logging in to Your user Account. If you believe that any of Your Information held by us is inaccurate, you may write to our Grievance Officer as detailed under Section 20. Your request will be acknowledged, responded and/or redressed within a reasonable period but no longer than the timelines that may be prescribed under any applicable laws. It is your responsibility to ensure that any information you provide us remains accurate and updated.

6. 19.6. 

   The Blockchains: Due to the inherent transparency of many blockchains, transactions that individuals broadcast via any blockchain may be publicly accessible. This includes, but is not limited to, your public sending address, the public address of the receiver, the amount sent or received, and any other data a user has chosen to include in a given transaction. Information stored on a blockchain may be public, immutable, and difficult or even impossible to remove or delete. Transactions and addresses may reveal information about the user’s identity and information can potentially be correlated now or in the future by any party who chooses to do so, including law enforcement. Users are encouraged to review how privacy and transparency on the blockchain works.

7. 19.7. 

   We are not liable for any recommendations posted by any third party.

8. 19.8. 

   We may use and/or share the transaction data or history, your fiat currency related activities, balances and your Virtual Digital Asset related transactions, activities, and balances to the Reserve Bank of India or any other regulator, court of competent jurisdiction or any other forum by which we are bound.

We have taken every effort to ensure that this Privacy Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Privacy Policy shall not prejudice or affect the validity or enforceability of the remainder of this Privacy Policy. This Privacy Policy does not apply to any information other than the information collected by us through the Platform. This Privacy Policy shall be inapplicable to any unsolicited information you provide us through this Platform or through any other means or through public channels. This includes, but is not limited to, information posted in any public areas of the Platform. All unsolicited information shall be deemed to be non-confidential, and we shall be free to use and/ or disclose such unsolicited information without any limitations.

We may update this Privacy Policy from time to time with or without any notice to you. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.

1. 22.1. 

   If you have grievance with respect to any infringement of your privacy of your personal data or your content, you can request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially. You should, thereafter, provide your contact information including email address, address, and mobile phone number where you can be contacted if required.

2. 22.2. 

   You may forward your request/ complaints to grievance officer:
   Name: Jitender Tokas
   Contact Email: [email protected]

1. 23.1. 

   The interpretation and enforcement of the Privacy Policy and any dispute arising thereof will be governed by and construed and enforced in accordance with the Indian law, without regard to conflict of law rules or principles that would cause the application of the law of any other jurisdiction.

2. 23.2. 

   Any dispute, controversy or claim arising out of or relating to this Privacy Policy, or the breach, termination, or invalidity thereof, shall be settled by arbitration as follows:
   1. With the exception only of disputes related to the enforcement or validity of our Intellectual Property rights, all disputes, controversies or claims out of or relating to the Terms, including this Privacy Policy and this Section, will be resolved through confidential binding arbitration held in the Republic of Singapore, in accordance with the rules set out under the Singapore International Arbitration Centre (hereinafter referred to as “Rules”).
   2. You agree that any dispute arising out of or related to the Terms, including this Privacy Policy is restricted to you and us and that any dispute will be resolved solely through individual arbitration. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute to grant any remedy that would otherwise be available in court of law. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

You hereby acknowledge and agree that the use of this Platform and use of any Services through the Platform are each subject to the Privacy Policy.