Privacy Policy

1. Who we are

Company Information

1.1Company legal name: ALSD Technologies Private Limited (CIN: U72900MH2022PTC390853)

1.2Company address: 303, Building No. 5, Lake Heights, Adi Shankaracharya Marg, Ram Baug, Powai, Mumbai, Maharashtra 400076, India.

1.3Privacy queries email: [email protected]

2. Information we collect about you

These are the categories of data we may process:

2.1Aadhaar: shall have the meaning ascribed to it in Section 2.11.

2.2Aadhaar Act: shall mean the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

2.3Account: shall mean the account created by a user on the Platform to use/access the Services provided by us.

2.4Activity and Behavioural: shall mean page or screen views, clicks, feature usage, sessions and other interaction events collected through the Platform.

2.5Beneficial 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.

2.6Communications Data: shall mean messaging data, social media posts, postal content, support messages, emails, SMS and WhatsApp communications, enquiry or complaint content and attachments, and relevant call, message and delivery metadata exchanged with us in connection with the Services.

2.7Contact Details: shall mean name, email address, telephone number, address.

2.8Mochatrade: shall have the meaning ascribed to it in the preamble.

2.9Financial Data: shall mean billing address, bank account, credit or debit card number, bank account details, unified payment information number or any other financial information.

2.10GDPR: shall mean Regulation (EU) 2016/679 (General Data Protection Regulation).

2.11Identifiers, Identifiers and Legal Documents: shall mean Unique Identification (“Aadhaar”) number, last four numeric digit of your Aadhaar card (“Masked Aadhaar”), driving licence, voter ID or passport where Aadhaar is not provided, 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.

2.12Images and Recordings: shall mean photos, videos and selfie images captured during KYC and liveness checks. This includes the live selfie, liveness and face-comparison information collected during KYC.

2.13KMP 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.

2.14KYC: shall have the same meaning ascribed to it in Section 2.11.

2.15KYC 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 date, time, IP address and latitude and longitude of the location where such live photo is being taken during the KYC process as per the provisions contained in the Prevention of Money-Laundering Act, 2002.

2.16Location Data: shall mean global positioning system location, including latitude and longitude, and related date, time and IP address information captured during KYC.

2.17Masked Aadhaar: shall have the meaning ascribed to it in Section 2.11.

2.18PAN: shall have the meaning ascribed to in Section 2.11.

2.19Platform: shall have the meaning ascribed to it in the preamble.

2.20Rules: shall mean the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

2.21Sensitive 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.

2.22Service: shall mean all the services made available by us on the Platform.

2.23Technical Identifiers: shall mean IP address, username, passwords, device or browser identifiers and diagnostic metadata.

2.24Terms: shall have the meaning ascribed to it in the preamble.

2.25Views and Opinions: shall mean survey responses, testimonials, non-political, religious or philosophic opinions.

2.26VPN: shall mean a virtual private network.

2.27Work-related Data: Examples include details of grievance, completed tasks, disciplinary proceedings.

2.28Your Information: shall mean any information that you share with us while availing the Service, including but not limited to Sensitive Personal Information of Data.

2.29Trading and Transaction Data: shall mean Account and customer references; order identifiers, order type, side, price, quantity, timestamps, amendments and cancellations; trades and executions; positions, leverage, margin and balances; funding payments, fees, realised and unrealised profit or loss; risk and liquidation events; settlements; and INR deposit, withdrawal, payment and bank references, reconciliation information and transaction status. These records are linked to your Account and are personal data where they identify you.

3. How we use Your Information if you are one of our customers

The third parties and sub-processors used by Mochatrade are set out in Section 11.

3.1Additionally, 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:

Undertaking other verifications as mandated by law apart from those set out in Section 3.2;

completing on-boarding processes;

processing orders and trades, maintaining positions and margin, calculating funding, fees, profit or loss and settlements, and handling and reconciling INR deposits and withdrawals;

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;

conducting research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;

for technology, products and market research purposes;

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;

to enable us to proactively communicate with law enforcement agencies or any other government or judicial body in connection with any suspicious activities;

to enforce legal rights against you;

for any other purpose with your consent.

3.2Identity Verification and due diligence:

3.2.1.If you are an individual, you would be required to submit the following documents to us:

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:

offline verification under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits And Services) Act, 2016 (“Aadhaar Act”);

any valid documents or modes of identification as notified by the Government of India from time to time.

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;

Where you do not provide Aadhaar, you may submit another officially valid identity and address document, including a driving licence, voter ID or passport, or its permitted equivalent e-document.

PAN or the equivalent e-document thereof or Form No. 60 as defined in Income-tax Rules, 1962.

3.2.2.If you are a company, you would be required to submit the following documents (or equivalent e-documents) to us:

Certificate of incorporation;

Memorandum of association and articles of association;

PAN;

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;

registered office and the principal place of business, if they are different

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:

Certificate of registration;

Partnership Deed;

PAN;

names of all the partners and the relevant identification details of such partners as prescribed under Section 3.2.1.

address of the registered office, and the principal place of its business, if they are different;

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:

your name;

address;

telephone number;

email address;

date of birth;

gender, nationality, occupation and income range;

number of the officially valid identity document provided;

photograph, including the live KYC selfie and liveness check information;

bank account details and verification results;

latitude and longitude, date, time and IP address captured during KYC;

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);

registration certificate (if you are a partnership firm/LLP);

trust deed (if you are a trust); and

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:

query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth);

query account information associated with your linked bank account (e.g., account-holder name and verification status); and

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:

any transaction.

3.2.7.In case of transactions 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:

undertaking your identity verification before such transaction as specified above;

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

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. Where the information also forms part of KYC records, Account files or business correspondence, the retention requirements in Sections 3.4 and 14 also apply.

3.3Responsibility 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.

3.4Maintenance of Records:

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.

We shall maintain records in relation to all transactions carried out on the Platform for at least 5 (five) years from the date of each such transaction, including trades, executions, settlements, funding, fees, deposits and withdrawals. Reporting of specified transactions to competent authorities is a separate obligation under applicable law.

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 at least 5 (five) years after the business relationship has ended or the Account has been closed, whichever is later, or longer where required under applicable law.

3.5We 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.

3.6Customer Acceptance Policy:

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.

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.

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.

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.

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, partnership, LLP, HUF or trust, or to other delegated Account holders permitted under the Terms, provided such authorised representatives or delegated Account holders have fulfilled the identity verification and due diligence requirement specified in Section 3.2 and Clause 11 in the Privacy Policy and the Terms respectively.

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.

4. How we use your data if you are one of our leads

We use Contact Details, Communications Data and relevant registration or Technical Identifiers to respond to enquiries, provide information about the Services, assist with onboarding and prevent misuse. Optional promotional follow-up is subject to your communication preferences and consent where required.

5. How we use your data if you are one of our staff

For staff using systems that support the Services, we use business contact details, roles, access records, work communications and relevant task or security information to coordinate work and administer and secure access. Slack and Linear support internal communication and issue management. Broader employment or recruitment processing requires an appropriate separate notice.

6. How we use your data if you are one of our subscribers

If you subscribe to updates, we use your Contact Details and subscription preferences to send the updates requested, manage consent or unsubscribe records and monitor delivery. You may unsubscribe from optional communications.

7. How we use your data if you are one of our temporary staff

For temporary staff and contractors, we use business contact details, assigned roles, system-access records, work communications and task information to coordinate assignments and secure the Services. Customer information is accessible only where needed for the assigned work and subject to confidentiality and access restrictions.

8. How we use your data if you are one of our vendors

We use the business contact details, correspondence, contract, billing and necessary verification information of vendors and their representatives to evaluate and manage the relationship, make payments and administer system access. Customer information disclosed to a service provider is limited to the purpose for which its services are used.

9. How we use your data if you are one of our website users

We use Activity and Behavioural data and Technical Identifiers to operate the website, maintain security, diagnose errors and understand feature usage. If you contact us, submit feedback or choose a sign-in feature, we use the information provided for that purpose. Cookies and similar technologies are described in Sections 16 to 18.

10. How your personal data is collected

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

10.1Direct interactions - Your Information that you provide to us pursuant to Section 3.2.

10.2Automated 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.

10.3Third 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.

Work-related data from recruiting or professional networking websites.

Identity and contact data from publicly available sources.

11. Third Parties & Sub-Processors

The following third parties and services are used for the purposes stated below. Information disclosed depends on the relevant feature and is limited to what is necessary for that purpose. Storage and overseas processing are addressed in Section 12.

AI support providers are used for the customer support bot to answer questions and retrieve selected trade-related information. Customer references, trade details and support content may still be personal data. We minimise the information sent to the bot and exclude raw KYC documents, full Aadhaar or PAN numbers, bank documents, KYC selfies and biometric inputs from AI requests. Encryption of PII stored in our systems does not by itself make the information in a support request anonymous.

12. Transfer

Our core customer records, including PII, KYC information and Aadhaar-related records, are stored on servers located in India.

Some of our external third parties are based outside the territorial jurisdiction of India. Depending on the service and configuration, cloud providers used for support, communications, sign-in, analytics or diagnostics may process limited personal information outside India, including email addresses, support messages, customer references, selected trade details or identifiable event and log data. India-based core storage does not establish that all vendor processing takes place only in 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 subject to applicable law and the following safeguards:

the recipient ensures the level of protection required under applicable law, and the transfer is necessary for performance of a lawful contract with you or made with your consent, as applicable; and

we use specific contracts which give personal data the same protection it has in India.

Any disclosure/transfer of your information/data collected by us to third parties, including parties based out of the territorial jurisdiction of India, is limited to the purposes described in this Privacy Policy and subject to applicable law. Where a separate consent is required, we obtain that consent for the relevant transfer.

13. Data Security

13.1We 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 Information, including 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. PII held in our core systems is encrypted. Authorised support agents may access the Account, contact and trading information necessary to assist you; access to KYC documents and other sensitive records is restricted to appropriate verification, compliance or investigation roles.

13.2We 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.

13.3Where 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.

13.4We assume no liability for any disclosure of information due to errors in transmission, unauthorised third-party access, use of Virtual Private 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.

13.5In 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.

14. Data Retention

14.1We 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.

14.2We have adopted the following methods to secure Your Information:

Your Information can be accessed by us or authorised third parties only where necessary for their assigned work and subject to the access restrictions in Section 13. You hereby provide your explicit consent to us for storing Your Information.

Your personal information, including your KYC details and Aadhaar details will be stored in our core systems on servers situated in the territorial jurisdiction of India.

Information used by authorised cloud providers for support, communications, sign-in, analytics or diagnostics may be processed or stored outside India depending on the service and configuration, as specified under Section 12 of this Privacy Policy.

14.3Your Information may be used, processed or stored outside India only for the purposes and subject to the safeguards and consent requirements described in Section 12. 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.

15. Your Legal Rights

You have the right to:

15.1Request 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.

15.2Request 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.

15.3Request 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.

15.4Object 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.

15.5Request 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:

If you want us to establish the accuracy of data processing.

Where our use of the data is unlawful, but you do not want us to erase it.

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.

You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

15.6Request 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.

15.7Withdraw 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.

15.8Make 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.

16. Third-Party Links

16.1This 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.

16.2Type of cookies we use:

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.

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).

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.

17. Third Party Cookies

Please note that the following third parties may also use cookies or similar technologies, including local storage, authentication tokens and SDK events, for the purposes stated below. Google and Apple are used for sign-in only. Some providers use diagnostic or verification events rather than browser cookies.

18. Managing Your Preferences

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.

19. Additional Restrictions and Liabilities

19.1This Platform is designed for the exclusive use and access of eligible individuals and organisations, including companies, partnerships, LLPs, HUFs and trusts, that 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. For organisational Accounts, the eligibility and authorised representative or delegated Account holder requirements in the Terms apply.

19.2You undertake that you shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that:

(a)belongs to another person and which you do not have authority to use or disclose;

(b)contains false, forged or misleading identity, KYC, bank or transaction information, or impersonates another person;

(c)unlawfully discloses another person’s personal or confidential information; or

(d)contains malicious software or otherwise violates applicable law.

19.3You acknowledge that any restrictions specified under Section 19.2 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 19.2 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 19.3, Section 19.2 and other such restrictions in this Privacy Policy.

19.4The 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.

19.5You 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 22. 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.

19.7We are not liable for any recommendations posted by any third party.

20. Severability and Exclusion

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.

21. Changes in the Privacy Policy

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.

22. Contact & Grievance Officer

22.1If 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.

22.2You may forward your request/complaints to the Grievance Officer: Name: Parth Maheshwari, Bengaluru, Karnataka, India. Contact Email: [email protected]. We will acknowledge within 24 hours and resolve within 15 days.

23. Governing Laws & Dispute Resolution

23.1The 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.

23.2Any 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:

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 Bengaluru, Karnataka, India, in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.

To the maximum extent permitted by Applicable Law, you and ALSD agree that any dispute arising out of or related to the Terms, including this Privacy Policy, will be resolved solely on an individual basis. You waive any right to commence, participate in, join, consolidate or seek relief in any class action, collective action, representative action, group action or other proceeding seeking relief on behalf of others. The arbitrator may conduct only an individual arbitration and may not consolidate the claims of different individuals or preside over any class, collective, consolidated or representative proceeding, except to the extent such waiver is prohibited or unenforceable under Applicable Law. Nothing in this clause limits any statutory right or remedy that cannot lawfully be waived.

24. General Terms

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.