OTPAY India Private Limited (“hereinafter referred to as “Instaape” or “Company”) including online platform(s) www.instaape.com and “Mobile App” (Collectively “Website”) recognizes the importance of maintaining your privacy. Instaape is committed to maintain the confidentiality, integrity and security of all information of its users.
This Privacy Policy describes how Instaape collects, stores, handles and transfer certain information received from you via the use of the Website on a need basis.
This Privacy Policy applies to the visitors to our Website and our existing and future customers. By visiting and/or using our Website, you are accepting and consenting to the practices described in this Privacy Policy.
By using or continuing to use the Website you agree to our use of your information (including sensitive personal information as defined under the Information Technology Act 2000, applicable rules, notification etc.) in accordance with this Privacy Policy, as may be amended from time to time by Instaape at its sole discretion.
This Privacy Policy informs you about the details regarding the collection, use, process, storage, transfer and disclosure of your personal and sensitive information as explained in the policy. By downloading and using the website or visiting the website, providing your information, or availing our financial services, you expressly agree to be bound by the privacy policy and the applicable financial services terms and conditions. We value the trust you place in us and respect your privacy, maintaining the highest standards for secure transactions and the protection of your personal information. This privacy policy is incorporated into and subject to the terms of use.
- Definitions
- “We”, “us” hereinafter is referred to as the Company or as Instaape.
- “You”, “Your” refers to the customer or the visitors visiting the website.
- Company hereinafter is referred to OTPAY India Private Limited and is involved in the Fintech Industry.
- Customer hereinafter is referred to as the individuals who have bought the services from the Company and are involved in the active usage of the website.
- Privacy policy hereinafter is referred to as the policy to retain the privacy of the customer based on the usage of the website.
- Private information refers to the collection of information of the customers which relates to their name, number, email address, phone number etc. This shall also be referred to as sensitive information which shall be protected under the guidelines set forth in this policy.
- Cookies hereinafter is referred to as the information that we store when you visit the website or interact with the website for the purpose of usage or buying of the financial services.
- Third Parties hereinafter is to the merchants who are involved in sale of the financial services to the customers for the purpose of ease of using the financial services.
- Merchant hereinafter is referred to as the third parties who are involved in the sale of our financial services to the customers.
- Consent hereinafter is referred to the permission you give to us to collect your private information whenever the customer interacts with the website or the mobile application for the purpose of usage or purchase of Company’s financial services.
- Application hereinafter is referred to as the mobile application that is owned by the Company for the purpose of providing financial services to the customer.
- Website hereinafter is referred to the platform wherein the customer can communicate and interact with the financial services being offered to them by the Company.
- Financial services hereinafter referred to as the services which are being offered by the company to the user, which is inclusive of UPI payment, which is subject to changes as and when new services are being added by the Company.
- Authorisation hereinafter is referred to as the permission granted by the client to store their personal information.
- Data Storage hereinafter is referred to as the storage of personal information of the customers.
- Processing mechanism hereinafter is referred to as the mechanism which is used to provide the customers the usage of financial services that are being provided to the customer by the Company.
- Transaction hereinafter is referred to as the electronic financial transaction occurring between the Company and the customer or the merchant and the customer and shall be electronic based under the guidelines provided by the Reserve Bank of India under the Payment and Settlements of System Act, 2007.
- Controllers of Personal Information
- Whereas, the company collects your personal information, which shall be inclusive of your financial information as well. Below mentioned personal and sensitive information will be stored by the company:
- Name, email address, age, telephone number, contact information.
- Aadhar information which shall be inclusive of your aadhar number and your virtual ID for the purpose of e-authentication of your legal identity under the regulations provided by the Reserve Bank of India, pertaining to the notification for the guidelines provided by them in the KYC notification.
- Pan Card number which shall be utilised for the purpose of KYC.
- Bank account details, transaction of the bank, details of the banking system, service etc. However, we do not store your sensitive banking details and the storage of your banking details shall be monitored under the privacy policy along with the maintaining the security of your banking details, which shall be covered under the purview of Anti-Fraud policy and Grievance Redressal mechanism.
- All your information regarding your device, the device identifier, your IP address for your devices which shall be inclusive of your mobile phones, computer, laptop. We shall store your location and we use cookies to generate your information which shall be provided voluntarily or involuntarily by the user in connection with the availing or the usage of the services on the website or the application.
- Whereas, the relevant information pertaining to the customers shall be collected by us, when you access the website or the links on the website which shall be automatically used to increase the user efficiency on the website or the mobile application.
- Whereas, the personal information of the customers shall be governed by the applicable laws of India, which shall be updated on a time to time basis as per the notifications released by the Reserve Bank of India. Further, the storage of your personal and sensitive information shall be covered under the purview of the General Data Protection Regulations.
- Whereas, the personal information is not shared by the company to other resources. In case the personal information is shared by clicking on certain links, accessing certain advertisements on the website, or because of the malware/or virus attacks on the customers device, the company shall not be held liable for the sharing of personal information.
- Whereas, the Company stores the personal information of the customers on their database and servers, which shall be deleted in instances where the customers’ requests us to do so on the servers present all over India.
- What Personal Information we gather about you
- The information we learn from customers helps us personalize and continually improve your experience at the Website. Here are the types of information we gather.
- We receive and store any information or document you enter or upload on our Website or give us in any other way, in line with the product or service opted by you and as required by us or our business partners, including your personal information like first name, last name, email address, date of birth, residence city etc.. You can choose not to provide certain information but then you might not be able to take advantage of many of our services and features. We neither collect nor store your biometric information.
- We may also have one time access to your camera, microphone, location and mobile device and store such information only for the purpose of on boarding or KYC requirements of us or our Partner with your explicit consent. In accordance with the Digital lending guidelines issued by RBI and as amended from time to time
- We might receive information about you from other sources and add it to our account information.
- We Collect Cookies
- We receive and store certain types of information whenever you interact with us. For example, like, we use "cookies" and we obtain certain types of information when your web browser accesses the Website or advertisements and other content served by or on behalf of the Website on other websites.
- A cookie is a piece of data stored on the user's computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer’s hard drive for an extended period of time.
- Session ID cookies may be used by Instaape to track user preferences while the user is visiting the website. They also help to minimize load times and save on server processing.
- Most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.
- However, because cookies allow you to take advantage of some of the Website’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not able to use any Website products and services that require you to Sign in.
- How do We Use the Information
- Instaape collects your information when you register for an account, when you use its products or services, visit its Website's pages. When you register with Instaape, you are asked for your first name, last name, state and city of residence, email address, date of birth, and sex.
- Once you register at the Website and sign in you are not anonymous to us. Also, you are asked for your contact number during registration and may be sent SMS, notifications about our services to your wireless device.
- Hence, by registering you authorize the company (including its business partners and affiliates) to send texts and email alerts to you with your login details and any other service requirements, including promotional mails and SMS, even if you have registered yourself under DND services.
- Your authorization shall be valid as long as your account is not deactivated or unless you withdraw your consent from the company website which shall be based on your consent. Company will also access your mobile device including camera for the purpose of service facilitation and ease of access to our Website for the various services opted by you and in compliance with applicable laws.
- Purpose for collecting information:
- Assist us or our business partners in facilitating and delivering services to you, process payments and your applications, communicate with you about products, services and promotional offers.
- Respond to queries, or requests submitted by you, and resolve your grievances/issues/problems with any services supplied to you.
- Administer or otherwise carry out our obligations in relation to any agreement with our business partners.
- Send you information about special promotions or offers. We might also tell you about new features or products/services. These might be our own offers or products/services, or third-party offers or products/services with whom Instaape has a tie-up.
- Use your information for internal analysis and to provide you with location-based services, such as advertising, search results, and other personalized content.
- Use this information to improve our platform, prevent or detect fraud or abuses of our Website and enable third parties to carry out technical, logistical or other functions on our behalf. We may combine information we get from you with information about you we get from third parties.
- Send you notices, communications, and recommend services that might be of interest to you update our records and generally maintain your accounts with us, display content and customer reviews.
- When you provide your contact details, we will use it to send you general notices or important news about your account, request your feedback or opinions and provide updates on special deals and offers that might interest you.
- File storage permissions on android/iOS and Website for uploading customer documents are obtained for the purpose of processing customer applications by our Partners.
- Instaape Website may base on your consent also access your mobile device including camera for the purpose of service facilitation, ease of access and logging in to our Website for the various services opted by you.
- As otherwise provided in this Privacy Policy and in compliance with the applicable laws.
- Some features of this Website or our Services will require you to furnish your personally identifiable information as provided by you under your account section on our Website.
- Disclosure to Third Parties
- Instaape will not sell or rent or otherwise disclose your information for commercial purposes to anyone in a way that is contrary to the commitments made and/or other than as set forth in this Privacy Policy. Notwithstanding the foregoing, we may share your information to third parties including our group Company, employees, agents, business partner (Banks/NBFCs),CICs, Payment Aggregator and Service Providers we have a tie up with and any of our affiliates, for the purposes as set out in this Privacy Policy.
- These third parties are required to handle your information using the same level of care and confidentiality as is followed by Instaape and any accessing or processing of your information by these third parties is in accordance with contractual terms, applicable laws and our instructions and subject to your consent.
- For the purposes of this paragraph, "affiliate" means any person, company, or Instaape directly, or indirectly through one or more intermediaries, that controls, is controlled by or is under common control with Instaape (The term "control," as used in the preceding sentence, shall mean with respect to any person, the possession, directly or indirectly, of the power, through the exercise of voting rights, contractual rights or otherwise, to direct or cause the direction of the management or policies of the controlled person. As used in this Privacy Policy, the term "Person" includes any natural person, corporation, partnership, limited liability Company, trust, unincorporated association, or any other entity).
- Instaape may also share, and/or transfer your personally identifiable information to any successor-in-interest as a result of a sale of any part of Instaape business or upon the merger, reorganization, or consolidation of it with another entity on a basis that it is not the surviving entity
- We limit the collection and use of your personal information. We may make anonymous or aggregate personal information and disclose such data only in a non-personally identifiable manner. Such information does not identify you individually. Access to your Account information and any other personal identifiably information is strictly restricted and used only in accordance with specific internal procedures, and for the purposes set out in this Privacy Policy, in order to operate, develop or improve our services.
- We may use third party service providers to enable you to provide with our services and we require such third parties to maintain the confidentiality of the information we provide to them, under our contracts with them.
- We may also share your information, without obtaining your prior written consent, with government agencies mandated under the law to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences, or where disclosure is necessary for compliance of a legal obligation.
- You agree and consent for the Website to disclose your information, if so required, under applicable law.
- Security Practices:
- We intend to protect your personal and sensitive information and maintain its secrecy as confirmed by you. We implement reasonale physical, administrative and technical safeguards to help us protect your personal information from unauthoruized access, use, and disclosure.
- Moreover, you are responsible for maintaining the secrecy of your login credentials, unique password, and account information, and for controlling access to emails and messages between you and us at all times. We are not responsible for any third party privacy concerns or security policies that you are bound by. Please do your part to help us and never share your login id and password and OTP details with anyone.
- Every merchant of the company will be registered with us through their KYC documents which shall be inclusive of Aadhar card, pan card, shop act, GST number and bank account. Thus, in case of any suspicion while sharing your details, please ask for the detailed contract from the merchant for the same. None of our representatives will unduly ask for your account details or for money, if you are not using or have purchased our services and products.
- In such scenarios, the customer shall be liable for their own security and the company neither wholly nor partly shall be responsible for any concerns overall.
- Data Storage
- Instaape stores your personal information only at servers located in India. Instaape may retain your information including personal information as the same may be required to provide you the services for the product that you have inquired or opted and for as long as it is required for the above purpose or mandated in our arrangements with our business partners. Retention of information is done as per this policy subject to compliance with applicable law/regulatory requirements in India.
- In following situation, Instaape may retain your information for an extended period (i) in case of requirement of any investigations under law or as part of any requirements before courts/tribunals/forums/commissions etc; (ii) to enhance/improve our products/services and (iii) as required under contractual arrangements with business partners.
- What Is Your Control over Your Personal Information That’s Collected and Used Online
- It's important to note that the information we use about you helps us provide you with products, services and experiences that benefit you. You have the ability to control how your non-personal information is collected and used online.
- You also have the ability to choose what personal information, including what sensitive personal information (i.e. your financial information) you provide to us, restrict disclosure of your information to third parties, however, please note that this may affect your seamless access to such product/ service as opted by you.
- However, if you choose not to provide all of the mandatory information and data that is requested of you, we may not be able to provide you with the Services that you have subscribed to.
- We believe you should be able to choose what kinds of information you receive via email/SMS. If you do not want to receive marketing materials by email/SMS, just indicate your preference on the contact information for your account or the 'opt-out' or unsubscribe link provided in our marketing emails and you can also write to us at instaape.com.
- Please note that it may take about 10 working days to process your request. Please keep in mind that we will continue to notify you by email /SMS/via phone calls regarding your services with us, even after you have opted out.
- You can review the information that you have provided to us by logging into your account at the Website and correct or amend any personal information or sensitive personal data or information to ensure that the information or data you provided us is accurate and/or not deficient. Instaape is not responsible for the authenticity of any personal information or sensitive personal data or information supplied to it by you or any third party.
- If you feel that we do not require the retention of your personal information or if you ask us to delete or remove your personal data where you think we do not have the right to process it we shall destroy or delete such Customer information. You may, at any time while availing of our Services or otherwise, withdraw the consent given earlier to us to collect and use your sensitive personal data or information by writing to us at instaape.com.
- However, in the case of you withdrawing such consent, Instaape shall have the option to stop providing you the Services for which the information was sought. You will not be eligible for a refund of any fees paid for any service in such event and you agree that the Website shall not be liable to you for the same in any manner whatsoever.
- The data may be required to be retained for the purpose of Product servicing, repayment etc. by us and/or our Partners and also as required under any applicable laws. We assure that such retained information shall be protected following all cyber security norms.
- Log Files
- Like most standard websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.
- We may combine this automatically collected log information with other information we collect about you. We do this to improve the services we offer to you, to improve marketing, analytics or site functionality.
- Data Security
- Instaape is a registered and certified organization with CIN U74999PN2020PTC191236 ensuring applicable compliance standards on information security and understands that the confidentiality, integrity, and availability of your information are vital to our business operations and our own success.
- We employ appropriate technical and organizational security measures at all times to protect the information we collect from you. We use multiple electronic, procedural, and physical security measures to protect against unauthorized or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information.
- We have put in place appropriate security measures to deal with any suspected data security breach. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.
- Therefore, we cannot guarantee its absolute security. Further, you are responsible for maintaining the confidentiality and security of your login id and password, and may not provide these credentials to any third party.
- Third-Party Advertisers and Links to Other Websites
- We may use third-party advertising companies and/or ad agencies to serve ads when you visit our Website. These companies may use information (excluding your name, address, email address, or telephone number) about your visits to this Website in order to provide advertisements on this Website and other third-party websites about goods and services that may be of interest to you.
- We use third-party service providers to serve ads on our behalf across the internet and sometimes on this Website. They may collect anonymous information about your visits to Website, and your interaction with our products and services.
- They may also use information about your visits to this and other Websites for targeted advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Websites. No personally identifiable information is collected or used in this process.
- Links to Other Websites:
- There might be other sites relating to our Banking and Non-Banking partners linked to Instaape and other affiliates. Personal information that you provide to those sites is not our property or responsibility. These affiliated sites may have different privacy practices and we encourage you to read their privacy policies of these websites when you visit them. Instaape holds no responsibility for the content of the privacy policies or terms of use etc. of these third-party websites.
- Changes in this Privacy Policy
- Instaape reserves the right to change this policy from time to time, at its sole discretion. We may update this privacy policy to reflect changes to our information practices. We encourage you to periodically review. Checking the effective date below allows you to determine whether there have been changes since the last time you reviewed the statement.
- Applicable Law:
- This privacy policy is governed by the Laws of India under applicable laws of Indian Contract Act, 1872 and Reserve Bank of India Guidelines for the payment aggregators under the Payment Settlement and Systems Act, 2017 which shall be performed entirely in India, notwithstanding the place of residence of the complainant.
- The customers agree that any legal proceedings arising out of their use of the services and products on the website or the mobile application may be brought exclusively under the purview of the competent courts of India, having its jurisdiction at the place of company head office, which is Pune (Maharashtra), and shall irrevocably submit themselves to the jurisdiction of such courts and tribunals.
- Whereas, the Company has the right to resolve the disputes of the customers or the grievances of the customers through the process of Arbitration. There shall be 2 arbitrators present in the arbitration proceedings and shall be representing either parties in the proceedings. The award for the arbitration proceedings shall be full and final and binding on either parties, and shall retain the user from administering the complaint in the court of law.
18.1 Any violation of any provision hereof, any incomplete or mistaken performance of any obligation provided hereunder, any misrepresentation made hereunder, any material nondisclosure or omission of any material fact, or any failure to perform any covenants provided hereunder by any Party shall constitute a breach of this Agreement. The breaching Party shall be liable for any such breach pursuant to the applicable laws
- Entire Agreement:
- Whereas, the privacy policy shall be subject to the entire agreement and any other agreements in the purview of the privacy policy shall be made separately.
18.1 If a provision of this Agreement is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other provision of this Agreement, or (2) the enforceability or validity in other jurisdictions of that or any other provision of this Agreement.
- Whereas, the company shall not be liable for any complaints which are covered under the purview of force majeure and shall be affected by the act of god or act of nature and is out of control of the company relating to flood, earthquake, fire, servers not working etc.
- Nodal Grievance Officer
- The Company has appointed a Nodal Grievance Officer to redress customer grievances relating to any digital lending-related complaints. The name and contact details of the Nodal Grievance Officer are provided below :
Name: Shivtej Pote
Address: OTPAY India Private Limited, 02-A, A Building, 4th Floor, City Vista Kharadi, Pune, Maharashtra- 411014
Email: complaints@instaape.com
If you have questions, concerns, or suggestions regarding our Privacy Policy, we can be reached using the contact information on our Contact Us page or at Instaape.com
- Data Grievance Officer
- In case you have any grievances or want to address any discrepancy with respect to the processing of any of the information/data you provided to Instaape, please contact our Grievance Officer.
