PRIVACY POLICY

(This Privacy Policy has been updated effective October 23 2017)

Overview

This Privacy Policy applies to www.cashpositive.in (“Website”), which is owned and operated by Emergence Venture Partners (Tradename: “CashPositive”, collectively “us”, “we”, “our”). 

The Website facilitates our credit management product and related services (collectively “Services”). This Privacy Policy describes how we collect, use and secure the information provided to us (directly by Users or through third parties), or automatically generated while interacting with our Website www.cashpositive.in and our Cloud Application (collectively “Platforms”).

CashPositive uses commercially reasonable safeguards to preserve the integrity and security of Users’ information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. This assurance extends to information that we learn with transactions and payments being made to/from User’s account(s). However, CashPositive shall not be held liable for disclosure of information if such disclosure is in accordance with this Privacy Policy or in accordance with the terms of any agreements entered into with the Users.    

User(s)” (and wherever the context requires “you”, “your”) shall mean and include all companies and private organisations that visit the Website and provide information to CashPositive either through its Platforms or otherwise to avail its Services.

Collection of Information

We collect the following information from Users:

•Contact information such as name, business name, email address, billing address, and phone number;

•KYC documents;

•Financial information including but not limited to financial statements, bank statements and tax details to determine creditworthiness; 

•Transaction data to analyse historical credit behaviour and purchase/payment patterns;

•Unique identifiers such as user name and password and IP address;

•Information about Users collected from third parties such as financial organisations (like credit bureaus), business partners, marketers, third-party websites and researchers; and

•Information that Users agree to share with us for availing the Services provided by us.

In addition to collecting information via our Website and Cloud App, we may also organise a site visit to collect and obtain additional information/data required by lenders to process applications and support transactions. Once you are a CashPositive customer, we may reach out to you for, or otherwise obtain, information to renew your facility or as needed to provide Services. 

Use of Information 

We use the information we collect to:

•Verify your identity and conduct appropriate diligence;

•Register you as a user and identify you when you sign in to your account;

•Operate, maintain, improve, and provide to you the Service and to conduct our business;

•To connect you with the lenders/ suppliers/ merchants/ other third parties;

•Communicate with you to send confirmations and notifications, respond to customer service requests;

•Produce data analytics and reports containing summaries that we share with business partners; and

•To personalise your experience and to allow us to deliver Services in the manner that you find most valuable. 

Authenticity of Information

It is clarified that CashPositive shall not be liable, for any reason whatsoever, for the authenticity of any User information. Users hereby represent, warrant and confirm that the information and data provided by them is and shall continue to be valid, true and accurate.

Privacy and Sharing of Information

CashPositive will share your information with third parties only in the ways that are described in this Privacy Policy and are required by law. We do not sell your information.

We share information and data with trusted business partners, service providers and advisors only towards fulfilment of the Services you are availing from us. Such access is strictly restricted and shared in accordance with certain specific internal procedures and safeguards that govern access. Furthermore, trusted third parties are authorised to use the information and data only as mandated and necessary. 

CashPositive may share your information in the following circumstances:

•To governmental and other statutory bodies who have appropriate authorisation to access the same for any specific legal purposes;

•When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, for example to investigate fraud or for credit risk reduction;

•If CashPositive is involved in a merger, acquisition, or sale of all or substantially all of its assets or equity, in which case, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your information, as well as any choices you may have at the time regarding your information; and

•With any other third party with your prior consent to do so.

Security of Information

CashPositive takes the security of its User’s information very seriously and uses commercially reasonable safeguards to preserve the integrity and security of the Users’ information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment.

In using our Platforms, Users accept the inherent security implications of data transmission over the internet and the World Wide Web cannot always be guaranteed as completely secure

CashPositive assumes no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond its reasonable control and the User agrees not to hold CashPositive responsible for any breach of security unless such breach has been caused as a direct result of gross negligence or wilful default by CashPositive.

In the event CashPositive becomes aware of any breach of the security of the Users’ information, it will promptly notify the Users and take appropriate action to the best of its ability to remedy such a breach.

Opting Out or Editing User Information

If your contact information or other details change, or if you no longer desire our Services, you may correct, update, amend, delete/remove, ask to have it removed or deactivate it by emailing our Customer Support at [email protected]. We will respond to your request within 30 days.

Information and Data Retention

We will retain your information for as long as your account is active or as long as reasonably useful for commercial purposes. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Changes to Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Force Majeure

Notwithstanding anything contained in this Privacy Policy or elsewhere, CashPositive shall not be held responsible for any loss, damage or misuse of User information, if such loss, damage or misuse is attributable to a Force Majeure Event, i.e. any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorised access to computer data and storage device, technical snags and breach of security and encryption.

Governing Law and Dispute Resolution

This Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Delhi shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.

If any dispute arises between CashPositive and the User in connection with or arising out of the validity, interpretation, implementation or alleged breach of any provision of the Privacy Policy, such dispute shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause.

There shall be one (1) arbitrator and the seat of the arbitration shall be Delhi, India.

The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

Contact 

Any questions or concerns about this Privacy Policy should be addressed to our Grievance Officer. The name and contact of the grievance officer are provided below: 

Mr. Dhruv Sharma,
Emergence Venture Partners,
B-3/22, Rajouri Garden,
New Delhi, Delhi — 110027

Email: [email protected]

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