Softmint Digital Services Private Limited
Data Privacy and Security Policy
This document is an electronic record in terms of Information Technology Act, 2000 and rules there
under as applicable. This electronic record is generated by a computer/electronic system and does not
require any physical or digital signatures.
1.
Introduction
Softmint Digital Services Private Limited (“Company” / “Us” / “We” / “Our”) considers User
relationship and data security to be an important component of their service offerings
(“Services”) through Our Website and Platform (as defined below). We are committed to
maintaining the confidentiality, integrity and security of any personal information of our Users.
We are proud of our privacy practices and the strength of our Platform and Website security
and want you to know how We protect your information and use it to provide you with Services.
This Data Privacy and Security Policy (“Policy”) enables us guard against identity theft and
provide security for User profiles and transactional history. We constantly re-evaluate this
Policy and adapt it to meet data security standards and to deal with new challenges.
2.
Definitions
In this Policy: (i) capitalised terms defined by inclusion in quotations and / or parenthesis have
the meanings so ascribed; and (ii) the following terms shall have the following meanings
assigned to them herein below:
Applicable Law” includes all applicable Indian statutes, enactments, acts of the state
legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications,
guidelines, directions, directives and orders of any governmental authority, statutory authority,
board, recognised stock exchange, as may be applicable including but not limited to Guidelines
on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business
Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act,
2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and
operation of Pre-paid Payment Instruments in India, and any other guideline in relation to pre-
paid cards issued from time to time by Reserve Bank of India and in each case, any implementing
regulation or interpretation issued thereunder including any successor Applicable Law;
“Company” / “Us” / “We” / “Our” shall mean Softmint Digital Services Private Limited, a private
limited company registered under Companies Act, 2013 and having its registered office at Office
WARD NO-5 PANCHTILAKPUR, KOLGAMA SULTANGANJ, Bhagalpur BIHAR 813213 INDIA (which
expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean
and include its successors and permitted assigns);
“Softmint ccount” shall mean the access account created by a User to avail Services on
Website and/or Platform;
Person” shall mean any individual (including personal representatives, executors or heirs of a
deceased individual) or legal entity, including but not limited to, any partnership, joint venture,
corporation, trust, unincorporated organisation, limited liability company, limited liability
partnership or governmental authority;
Personal Information” shall mean any personally identifiable information provided to Us by a
User for creation of a Softmint Account or availing Services through Website and/or Platform;
Services” shall mean the services provided by Company through its Platform including but not
limited to financial inclusion services in partnership with banks as business correspondent,
distribution of financial products and services including loans, insurance products, investment
services, issuance and sales of wallets and prepaid cards and non-financial nature products and
services through the Platform in collaboration with various partners;
User” / “You” / “Your”͖ shall mean any natural or legal person who has access to and is using
Platform; and
“Website” / “Platform” shall mean shall mean and include www.softmintindia.com, mobile
application of Company, any successor website/ applications, any website of Related Entity or
any other channel facilitated and permitted by Company including but not limited to App, any
other digital medium including phone, displays, emails, social media interfaces, messaging
interfaces, wallet, payment intermediaries using Company’s interface.
3.
Collection, Storage and Use of Information
3.1.
We collect Your Personal Information when You successfully submit information while creating
zour Softmint ccount on Platform (“User Information”).User Information is the data that
can be used to uniquely identify or contact a person and/or the business entity that a person
represents and shall include, but not be limited to, Your Personal Information and such other
information for the purposes of identification and verification.
3.2.
Without prejudice to the generality of paragraph 3.1 above, We may request such additional
User Information as may be required for accessing and availing any Services through Platform
as may be specified in the terms and conditions of use of such Service.
3.3.
By creating a Softmint Account and by accessing Services, You authorize Us to collect, store,
process, handle and use such User Information, in accordance with this Policy and any other
terms and conditions of use of Platform and/or Services (as amended from time to time).
3.4.
Personal Information provided by You is used by Us to improve Platform and/or Service. We do
not share Your Personal Information with any third parties for commercial use or revenue
generation.
3.5.
We may share Personal Information such as Your name, mobile number and email address with
third party service providers appointed by Us to for sending SMS / Email communications to
You in relation to Platform and/or Services. We ensure that such third party service providers
maintain strict confidentiality of Your Personal Information.
4.
Representations and Warranties
4.1.
By creating a Softmint Account and accessing Services on Platform, You represent that You
are at least the age of majority in Your state or province of residence.
4.2.
You shall not, in the use of the Service, violate any Applicable Laws in Your jurisdiction.
4.3.
You also understand and acknowledge that the use of the Platform requires internet and/or
mobile connectivity. You shall bear the costs incurred to access and use the Platform and We
shall not, under any circumstances whatsoever, be responsible or liable for such costs.
4.4.
You shall be solely responsible for all activities undertaken through Your Softmint Account,
whether or not You have authorized such activities or actions and shall, at all times, keep Us
indemnified in this regard.
4.5.
A breach or violation of any of this Policy will result in an immediate termination of Services and
may result in reporting to the law enforcement agencies.
4.6.
In addition to other prohibitions as set forth in the Terms of Use, You understand and agree
that You are prohibited from using the Platform or its Content:
(i)
for any unlawful purpose;
(ii)
to solicit others to perform or participate in any unlawful acts;
(iii)
to violate any international, federal, provincial or state regulations, rules, laws, or
applicable ordinances;
(iv)
to infringe upon or violate our intellectual property rights or the intellectual property
rights of others;
(v)
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability;
(vi)
to submit false or misleading information;
(vii)
to upload or transmit viruses or any other type of malicious code that will or may be
used in any way that will affect the functionality or operation of the Service or of any
related Platform, other Platforms, or the internet;
(viii) to collect or track the personal information of others;
(ix)
to spam, phish, pharm, pretext, spider, crawl, or scrape;
(x)
for any obscene or immoral purpose; or
(xi)
to interfere with or circumvent the security features of the Service or any related
Platform, other Platforms, or the internet. We reserve the right to terminate your use of
the Service or any related Platform for violating any of the prohibited uses.
5.
Accuracy and Completeness of Information
5.1.
You represent and warrant that You shall be responsible for accuracy and correctness of all User
Information provided by You for creation of a Softmint Account and for accessing any Services
available on Platform.
5.2.
For the purposes of internal verification and/or for compliance with Applicable Law including
but not limited to e-KYC requirements, You may be required to submit such personal
identification documents as may be required by Us from time to time. You shall remain solely
responsible for accuracy and validity of all such personal identification documents.
6.
Third-Party Services
6.1.
We may allow You to access certain Services provided by third-party service providers, which
we neither monitor nor exercise any control over.
6.2.
You acknowledge and agree that We provide access to such third-party Services on an “as is
basis” and “as available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or relating to your
use of such third-party Services.
6.3.
Any use by You of third-party Services offered through Platform is entirely at Your own risk and
discretion and You should ensure that You are familiar with and approve of the terms on which
third-party Services are provided by the relevant service provider(s).
6.4.
We may also, in the future, offer new services and/or features through Platform (either by Us
or by third-party service providers). Such new features and/or services shall also be subject to
this Policy.
7.
Intellectual Property
7.1.
All copyright, database right and all other proprietary rights, title and interest in all information
presented on Platform (“Intellectual Property”) is owned by and/or licensed to Us or owned by
and/or licensed to the provider of Services or is owned by and is or may be protected or covered
by copyright, trade mark, intellectual property law and/or other proprietary rights, unless
expressly stated otherwise.
7.2.
Your use of Platform and/or Services does not confer on You or any other party, any licence or
other rights under Intellectual Property or other proprietary rights of Company and/or provider
of Services and/or of any third party, whether implied or otherwise.
8.
Disclosure of User Information
8.1.
Notwithstanding paragraph 3 above, We reserve the right to utilize, share and/or disclose User
Information if:
(i)
required to do so to comply with orders of governmental authorities that have
jurisdiction over it or as otherwise required by Applicable Law after providing You a
written intimation prior to such disclosure; and/or
(ii)
We determine, in Our sole discretion that disclosure of User Information is necessary to
identify, contact, or bring legal action against you.
9.
Removal of Stored Information
9.1. We ensure that any User Information stored with Us is and remains to be in Your
ownership. Upon deletion of Softmint Account, We will, to the reasonable extent
possible, remove User Information stored with Us within 3 (three) months from the date
of such deletion.
9.2. Notwithstanding the above, We reserve the right to retain such User Information that
forms part of anonymized and aggregated data derived from User Information which may
be used for improvement of our Platform and/or Services, to produce analytical reports,
marketing, advertising or such other activities as We may deem fit.
10.
Indemnification
You agree to indemnify, defend and hold harmless Us and Our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of Your breach of this Policy or
the documents they incorporate by reference (including terms and conditions of use of Platform
and/or Services), or Your violation of any law or the rights of a third-party.
11.
Security Precautions
To prevent any form of unlawful interception or misuse of User Information, We use reasonable
physical, electronic and managerial procedures to safeguard and secure User Information
collected. We use reasonable secure and technologically appropriate measures, in compliance
with the Information Technology Act, 2000 and the rules related thereto to protect You against
loss or misuse of Your User Information including internal reviews of data collection, storage
and processing practices and other reasonable security measures which are equivalent to
security measures that We use to protect Our own confidential information. However, as You
are aware, no internet website or online platform is completely free of security risks and We do
not make any representation in respect of the same.
12.
Change in Privacy Policy
We reserve the right to update, modify and amend any of the terms of this Policy, at any time
without prior intimation to You. We will post these changes on Platform for Your information.
These changes will become effective immediately on posting. We shall not be liable for any
failure or negligence on Your part to review the updated Policy before accessing Platform
and/or availing Services. Your continued use of the Platform, following changes to this Policy,
will constitute Your acceptance of those changes.
13.
Contacting Us
If You have any queries regarding: (i) this Policy; (ii) information and/or Services available on
Platform, or (iii) Your dealings with Us or believe that We have not adhered to it, You may
contactUs at info@softmintindia.com
14.
Email Opt-Out
You can opt out of receiving Our marketing and update emails. To stop receiving Our
promotional emails, please email care@softmintindia.com. It may take about ten days to
process Your request. Even if You opt out of getting marketing messages, We will still be sending
You transactional messages through email and SMS in relation to Your Softmint Account and
Services availed by You.