Tavaga Advisory Services Private Limited is the author and publisher
of the Tavaga Mobile Application (“App”), through which you have
opted to avail our services by agreeing to the terms of use (“Terms
of Use”) available on the home screen of the App. For the purposes
of this Privacy Policy, unless defined hereunder, all capitalised
terms shall have the meanings ascribed to them in our Terms of Use.
When you share information with us, we are able to make our
services even better. As you use our Services, we want you to be
clear on how we’re using your information and the ways in which you
can protect your privacy.
This Privacy Policy (“Privacy Policy”) is published in
compliance with inter alia:
a. Section 43A of the Information
Technology Act, 2000 (“IT Act”);
b. Regulation 4 of the
Information Technology (Reasonable Security Practices and Procedures
and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
c. Regulation 3(1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011.
Our Privacy Policy explains:
(i) What information we
collect;
(ii) How we collect and use that information;
(iii) How you can provide information selectively, and how you
can access and update this information; and
(iv) How we
process, share and protect your information
The App is owned and operated by Tavaga Advisory Services Private
Limited, whose office is at WeWork Chromium, Milind Nagar,
L & T Flyover, Andheri (East), Mumbai MH 400072.
This Privacy Policy applies to all Users accessing or using
our App.
BY ACCESSING OR USING OUR APP OR BY OTHERWISE GIVING US YOUR
INFORMATION, YOU WILL BE DEEMED TO HAVE THE CAPACITY TO ENTER INTO A
LEGALLY BINDING CONTRACT AS PER APPLICABLE LAW APPLYING WITHIN THE
JURISIDICTION OF THE REPUBLIC OF INDIA, IN PARTICULAR, THE INDIAN
CONTRACT ACT, 1872, AND CONSEQUENTLY, WILL BE DEEMED TO HAVE READ,
UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS
PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY.
YOU HEREBY CONSENT TO OUR COLLECTION, USE, SHARING, AND DISCLOSURE
OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE
THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF
THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME, AND ANY
CONTINUED USE OF THE APP BY THE USER FOLLOWING ANY SUCH AMENDMENTS
TO THE PRIVACY POLICY, WILL BE DEEMED AS AN IMPLICIT ACCEPTANCE OF
THE PRIVACY POLICY IN ITS AMENDED FORM. IF YOU ARE ACCESSING OR
USING THIS APP FROM AN OVERSEAS LOCATION, YOU DO SO AT YOUR OWN
RISK, AND SHALL BE SOLELY LIABLE FOR COMPLIANCE WITH ANY APPLICABLE
LOCAL LAWS.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, IN
PART OR AS A WHOLE, DO NOT USE THE APP OR SERVICES PROVIDED ON THE
APP, OR PROVIDE US WITH ANY OF YOUR INFORMATION.
We collect the following types of information about you, both
through offline documentation that you may fill, as well as when you
use our App: demographic information, behavioral information, and
indirect information, (as defined below, and collectively,
“Information”).
Additionally, we also collect account information and personal
information (as defined below) from you. We collect your information
and account information either directly from you through forms on
the App or indirectly by using different technologies. We collect
personal information (as defined below) only directly from you.
Demographic Information:
We may collect from you,
information which is not unique to you and refers to selected
population characteristics (“Demographic Information”) including
age, gender, location and occupation.
Behavioral Information:
We may also collect information
about how you use the App and information about your mobile device
and software including usage statistics, traffic data, your IP
address, browser and operating system type, domain names, access
times, locations, your previous orders and transactions including
the product and pricing details, transaction information and payment
and browsing history (“Behavioural Information”).
Indirect Information:
Your use of certain third party
services on the App also requires us to collect such information as
is considered necessary for that purpose (“Indirect Information”).
While we may collect demographic information, behavioral
information and indirect information when you access or use our App,
we only collect account information and personal information from
you, when you choose to use or avail our optional service.
In order to avail or use our optional service, you are
required to provide us with your details, including but not limited
to: your name; date of birth; mobile number; email address; PAN
number; a pin code created by you, and details required for your KYC
forms and the account opening form (collectively, “Account
Information”).
The IT Act and the SPDI Rules regulate the collection, usage,
retention and disclosure of personal information, which is defined
under the SPDI rules as any information that relates to a natural
person, which, either directly or indirectly, in combination with
other information available or likely to be available to a body
corporate, is capable of identifying such person.
The SPDI rules further define “Sensitive Personal Data or
Information” (“SPDI”) of a person as personal information about that
person relating to:
i. Passwords;
ii. Financial
information such as bank accounts, credit and debit card details or
other payment instrument details;
iii. Physical, physiological
and mental health condition;
iv. Sexual orientation;
v.
Medical records and history;
vi. Biometric information;
vii. Any detail relating to the above clauses as provided to
the body corporate for providing services; and
viii. Any of
the information received under above clauses by body corporate for
processing, stored or processed under lawful contract or otherwise.
In addition to your account information, you will also need to
provide us with your bank account details (in respect of the bank
account you wish to use to make or receive any payments related to
any transactions).
Such bank account details, including details submitted
pursuant to your KYC form (“Personal Information”), correspond with
some of the categories enumerated above, are classified as SPDI, and
treated as such under this Privacy Policy.
All account information and personal information is provided
by you to us voluntarily. Collection, use and disclosure of personal
information requires your express consent. By providing us with
personal information, you are providing us with your consent to our
use, collection and disclosure of the personal information.
You may choose to not provide us with any or all information
included under account information and personal information, but in
the event that you do so, we will be unable to provide you with our
optional service.
We use your information for the following purposes:
a. To
operate and improve the App in order to foster a positive user
experience and to improve our business as a whole;
b.
Analysing data, tracking trends, building algorithms, creating
databases for rating systems, recommendations engines, etc.;
c. Research;
d. For non-targeting reasons such as
frequency capping, compliance, billing, ad reporting or delivery,
market research or product development purposes;
e. To conduct
audits and quality assessment procedures; and
f. To analyse
the use of our resources, troubleshooting problems and improving our
services, by using the information regarding your mobile device and
software.
In addition to the above, we also use your information,
account information and personal information for the following
purposes:
a. To provide our optional service to you, including
by creating, retaining and analyzing your investment profile, list,
parameters and other relevant information;
b. To facilitate the opening of an account for the undertaking
of any transactions chosen by you, by:
(i) Obtaining your KYC
details from KYC Registration Agency, if you have a record with KYC
Registration Agency, or obtaining any KYC details provided to us by
you to process your transaction account; and
(ii)
Communicating your account information and personal information to
the Broker, who will undertake the account opening process;
c. To provide any and all information that may be required by
us or the Broker, from time to time, in compliance with existing
legal norms and regulations, including but not limited to contact
information, address and tax related information and any information
required under existing or future KYC norms and laws or as may be
deemed necessary to authenticate your profile or any action taken
using your account;
d. To comply with applicable law;
e. Contacting Users for offering new products or services;
f. To investigate, prevent, or take action regarding illegal
activities, suspected fraud, situations involving potential threats
to the safety of any person, violations of our Terms of Use, or as
otherwise required by law;
g. To respond to any queries that you may have, and to
communicate information to you, including notifications of any
promotions or alerts, any updates to the App, or the introduction of
any future fees or charges that we may collect at the time for the
provision of our services to you;
h. To contact you from time to time to record your valuable
feedback on our services, as they currently stand, and/or any
potential services that may be offered in the future. (Collectively,
the above constitute “the Purposes”).
If you wish to opt out of receiving non-essential
communications such as promotional and marketing-related information
regarding the services, please email us at support@tavaga.com.
We disclose your information, account information or personal
information, as the case may be to third parties in the manner
specified below:
a. Disclosing your information, account
information and personal information to companies and individuals
who are authorized by us to perform functions, including our broker;
b. We may share your information and account information with
our partners, affiliates, investors, stakeholders or potential
associates in an anonymized and aggregate manner, so that they too
may understand how users use our App, and enable us to create a
better overall experience for you;
c. We also share aggregated
anonymous information about Users with our clients, partners, other
App Users, and other third parties so that they may be aware of the
nature and number of Users using the App, in order for them to be
able to serve advertisements and other kinds of marketing
information that may be relevant for you on our App;
d. We may
disclose and transfer your information, account information and
personal information to a third party who acquires, or may
potentially acquire, our business, whether such acquisition is by
way of a merger, consolidation or purchase of all or a substantial
portion of our assets;
e. We may transfer information, account
information and personal information to a third party, including
persons outside India, to improve the Services; and
f. We will
disclose your information, account information and personal
information if legally required to do so, pursuant to an order from
a governmental entity or in good faith. We will disclose the
information to:
i. Conform to legal requirements or comply
with legal process;
ii. Protect our rights or property or our
affiliated companies;
iii. Prevent a crime or protect national
security; or
iv. Protect the personal safety of users or the
public.
Such third parties may include:
• Our associates,
affiliates or related entities;
• Any of our agents,
contractors or third party service providers that process or will be
processing your information, and relevant account information on our
behalf, including but not limited to those which provide
administrative or other services to us such as mailing houses,
telecommunication companies, information technology companies and
data centres; and
• Third parties, such as our broker, to whom
disclosure by us is for one or more of the purposes and such third
parties would in turn be collecting and processing your information,
account information and personal information for one or more of the
purposes.
Subject to applicable law, we may at our sole discretion,
transfer personal information to any other body corporate (as
defined under the information Technology Act, 2000) that ensures at
least the same level of data protection as is provided by us under
the terms hereof, located in India or any other country.
By using the App, you accept the terms hereof and you hereby
consent to the storage and processing of personal information in any
of the above locations. By continuing to use the App, you provide
your consent for transfer, sharing and disclosure of such
information, account information and personal information by us in
accordance with this Privacy Policy.
Any third party to which we transfer or sell our assets, merge
or consolidate with, will have the right to continue to use the
information, account information and personal information provided
to us by you, in accordance with the Terms of Use and this Privacy
Policy.
The App may include hyperlinks to various external websites, and may
also include advertisements, and hyperlinks to applications, content
or resources (“Third Party Links”). We have no control over such
Third Party Links present on the App, which are provided by persons
or companies other than us. You acknowledge and agree that we are
not responsible for any collection or disclosure of your information
by any external sites, applications, companies or persons thereof.
The presence of any Third Party Links on our App, cannot be
construed as a recommendation, endorsement or solicitation for the
same, or any other material on or available via such Third Party
Links.
You further acknowledge and agree that we are not liable for
any loss or damage which may be incurred by you as a result of the
collection and/or disclosure of your information via Third Party
Links, as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising, products
services, or other materials on, or available via such Third Party
Links. This will include all transactions, and information
transmitted therein, between you and any such third party sites or
applications or resources, such transactions are strictly
bi-partite. We shall not be liable for any disputes arising from or
in connection with such transactions between you and the
aforementioned third parties.
Such third party websites, and external applications or
resources, accessible via the Third Party Links may have their own
privacy policies governing the collection, storage, retention and
disclosure of your information that you may be subject to. We
recommend that you exercise reasonable diligence, as you would in
traditional offline channels and practice judgment and common sense
before committing to any transaction or exchange of information,
including but not limited to reviewing the third party website or
application’s privacy policy.
You may review, correct, update, change or delete your account
information and personal information on the App. Log into your
account and you will be able to access and update your account
information and personal information. You can delete any part of the
account information and personal information or request us to delete
your account information and personal information, and we will
comply with such requests within a reasonable time, unless we are
required to keep certain information for legal purposes.
Should you choose to delete your account information and/or
personal information, or modify it in a way that is not verifiable
by us, or leads to such account information or personal information
being incorrect, we will be unable to provide you with our Services,
as described under the Terms of Use, and such a deletion or
modification may be regarded as the User seeking to discontinue
receipt of our Services.
We reserve the right to verify and authenticate your identity
and your account information and/or your personal information in
order to ensure accurate delivery of Services. Access to or
correction, updating or deletion of your account information or
personal information may be denied or limited by us if it would
violate another person’s rights and/or is not otherwise permitted by
applicable law.
We endeavor to maintain physical, technical and procedural
safeguards that are appropriate to protect your information against
loss, misuse, copying, damage or modification and unauthorized
access or disclosure. Some of the security measures adopted by us
are:
• We review our information collection, storage and
processing practices, including physical security measures, to guard
against unauthorized access to systems; and
• We restrict
access to personal information, to our employees and agents who need
to know that information in order to process it for us, and who are
subject to strict contractual confidentiality obligations, and may
be disciplined or whose relationship with us may terminate if they
fail to meet these obligations.
No employee or administrator of the Company will have
knowledge of your password or PIN code. It is important for you to
protect against unauthorized access to your password, your PIN code
and your mobile phone. Be sure to log off from the App when
finished. We do not undertake any liability for any unauthorised use
of your account and password. If you suspect any unauthorized use of
your account, you must immediately notify us by sending an email to
support@tavaga.com. You shall be liable to indemnify us due to any
loss suffered by us due to such unauthorized use of your account,
password or PIN code.
Further, we shall not be responsible for any breach of
security or for any actions of any third parties or events that are
beyond our reasonable control including but not limited to acts of
government, computer hacking, unauthorised access to computer data
and storage device, computer crashes, breach of security and
encryption, poor quality of Internet service or telephone service of
the User, etc.
Retention of Information
We will also put in place
measures such that your account information and personal
information, which is in our possession or under our control, is
destroyed and/or anonymized as soon as it is reasonable to assume
that (i) the Purpose for which that account information or personal
information were collected is no longer being served by the
retention of such account information or personal information; and
(ii) retention is no longer necessary for any other reason.
If you wish to cancel your account, or request that we no
longer use your account information and personal information to
provide you services, contact us at support@tavaga.com.
If you wish to delete your account, and thereby discontinue
using our optional service, you may do so at any time, in accordance
with Paragraph 23 of our Terms of Use.
We, however, reserve the right to retain, store and use your
information, account information or personal information or content
for our business purposes, whether such information or your account
has been deleted or not. After a period of time, your data may be
anonymized and aggregated, and then may be held by us as long as
necessary for us to provide our services effectively, but our use of
the anonymized data will be solely for analytic purposes.
Please note that your withdrawal of consent or cancellation of
account may result in us not being able to provide you with our
services, or terminate any existing relationship that we may have
with you. Please also note that uninstalling the App will not result
in termination of your use of the App or services.
We reserve the right to update, change or modify this Privacy Policy at any time. The Privacy Policy shall come to effect from the date of such update, change or modification. If you continue to access or use the App even after any such changes have been made, it would be deemed to be your implied consent to the changed Privacy Policy
We utilize “cookies” and other tracking technologies. A “cookie” is
a small text file that may be used, for example, to collect
information about activity on the App. Some cookies and other
technologies may serve to recall information previously indicated by
a user. Most browsers/mobile settings allow you to control cookies,
including whether or not to accept them and how to remove them. You
may set most browsers/mobile application to notify you if you
receive a cookie, or you may choose to block cookies with your
browser/mobile applications.
Tracking technologies may record information such as internet
domain and host names, internet protocol (IP) addresses, browser
software and operating system types, stream patterns, and dates and
times that our App are accessed. Our use of cookies and other
tracking technologies allows us to improve our App and your
experience.
At all times, you may refuse all cookies on your mobile
application by changing your mobile settings to the extent
permissible on your device. However, by doing so, you may not be
able to use certain features on the mobile application you visit or
take full advantage of all the mobile application offerings and
interest-based advertising. You can remove cookies by following
directions provided in your mobile’s “help” file.
We cannot ensure that all of your information, account information or personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your information or private communications will always remain private. As a user of the App, you understand and agree that you assume all responsibility and risk for your use of the App, the internet generally, and the information you post or access and for your conduct on and off the App.
You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our App or otherwise and your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to your information, account information or personal information which you may have disclosed to such third parties.
Each clause of this Privacy Policy shall be and remain separate from
and independent of and severable from all and any other clauses
herein except where otherwise expressly indicated or indicated by
the context of the Privacy Policy.
The decision or declaration that one or more of the clauses
are null and void shall have no effect on the remaining clauses of
this Privacy Policy.
In accordance with the IT Act and rules made there under, the name
and contact details of the Grievance Officer are provided below:
You may write to her at the following address:
Ms. Rithvi Somani
WeWork Chromium, Milind Nagar, L & T
Flyover, Andheri (East), Mumbai MH 400072.
Any feedback or comments about this Privacy Policy will be
welcome, and can be sent to support@tavaga.com. We will employ all
commercially reasonable efforts to address the same.
for
India