Privacy Policy

INTRODUCTION

BITKUBER INVESTMENTS PRIVATE LIMITED, a company incorporated under the provisions of Companies Act 2013 (“Company”, “Our”, “We” or “Us”) is an online technology platform (“Platform”) which acts as an intermediary between the User and TPSPs (as defined in the Terms of Use) and other third parties which offer one or more services. The Platform enables its Users to avail the TPSP Services from TPSPs and other services from other third party service providers (as defined and described in the Terms of Use).

NOTE: All capitalized terms not defined in this Policy shall have the meaning ascribed to them in the Company’s Terms of Use and KYC-AML Policy (“Terms”).

1. We welcome (“User”, “You” and “Your”) on Our Platform which acts as an intermediary that allows You to avail the TPSP Services other services provided by other third parties through the Platform and that the Platform may enable communication between You and TPSPs / third parties for the respective TPSP Services / third party services, and other related information. This Privacy Policy (“Policy”) describes how We collect, receive, store, possess, deal, handle, process, share, use, disclose and protect Your data and information that may directly or indirectly, identify You or related to You or in connection with Your usage of the Platform, during and after Your relationship with Us.

Consent. By clicking “I agree” to the Terms and this Policy, or by accessing or using the Platform in any manner, You consent to this Policy.

THIS POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS THE USER OF THE PLATFORM AND US, AS THE PROVIDER OF THE PLATFORM. BY REGISTERING YOUR USER’S PLATFORM SERVICES ACCOUNT WITH US OR BY OTHERWISE USING THE PLATFORM, YOU ARE HEREBY PROVIDING US YOUR EXPRESS CONSENT TO VOLUNTARILY PROVIDING US AND ALLOWING US TO USE, COLLECT, ACCESS, PROCESS, STORE, DISCLOSE AND PROTECT THE USER INFORMATION IN ACCORDANCE WITH THIS POLICY. THIS POLICY DOES NOT APPLY TO TPSP SERVICES OR THIRD-PARTY PLATFORMS (WHICH MAY HAVE THEIR OWN PRIVACY POLICY OR PRIVACY NOTICE) THAT ARE CONNECTED VIA LINKS TO THE PLATFORM.

IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THE PLATFORM. ALSO, IN ABSENCE OF AN ACCEPTANCE OF THE PRIVACY POLICY BY YOU, WE WILL NOT BE ABLE TO PROVIDE THE PLATFORM OR ONE OR MORE FEATURES OF THE PLATFORM TO YOU. FURTHER, YOU WILL HAVE THE OPTION TO NOT PROVIDE YOUR CONSENT, OR WITHDRAW ANY CONSENT GIVEN EARLIER, PROVIDED THAT THE DECISION TO NOT PROVIDE CONSENT / WITHDRAWAL OF THE CONSENT IS INTIMATED TO US IN WRITING. IF YOU DO NOT PROVIDE US USER INFORMATION OR WITHDRAW THE CONSENT TO PROVIDE US WITH ANY OF YOUR USER INFORMATION AT ANY POINT IN TIME, WE SHALL HAVE THE OPTION NOT TO PROVIDE THE PLATFORM OR ONE OR MORE FEATURES OF THE PLATFORM OR THE BENEFITS OF THE PLATFORM OR SERVICES THEREIN FOR THE PURPOSES OF WHICH THE SAID USER INFORMATION WAS SOUGHT.

THIS POLICY IS ENTERED INTO INTER ALIA AS PER THE REQUIREMENTS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RELEVANT RULES MADE THEREUNDER.

THE DATA AND INFORMATION ABOUT YOU
1. You may provide, share or disclose, and the Platform may collect, receive, store, possess, deal, handle, process, share, use, disclose and protect different categories of Personal Data including Sensitive Personal Data Information (“SPDI”), or such similar data and information known by any other term under the applicable laws, about You or the data and information related to You or in connection with Your usage of any one or more features or product and services of the Platform (collectively referred to as “User Information”). Such User Information (which shall include Personal Data, SPDI, and more specifically the data or information as identified below) is only collected and processed with Your consent for performance of Our contract with You, unless otherwise required or permitted under the applicable laws, or permitted by You. Below is an indicative (and not comprehensive and complete) nature of data about You which We have grouped together:

1. 1. Identity Data: includes, without limitation, first name, last name, username or similar identifier, date of birth, PAN number and any officially valid document as maybe applicable from time to time in compliance with applicable laws;
  2. Contact Data: includes, without limitation, email address and telephone/mobile numbers (including any electronic address associated with such telephone/mobile number eg: instant messaging account);
  3. Financial Data: includes, without limitation, User bank account details, blockchain wallet details (to the extent permitted), or similar details;
  4. Transaction Data: includes, without limitation, details of any transaction (only on need basis) whether financial or otherwise entered into by Your with Us or on the Platform;
  5. Technical Data: includes, without limitation, internet protocol (IP) address, cookies, computer or device information, device location, storage, model or mobile network, promotional SMS or Platform notifications, information related to Your browser and operating system including those obtained from third parties;
  6. Usage Data: means a variety of data and information to better understand You, which may include, without limitation, data and information about the webpage that You were visiting before, the Platform features You used or browsed, date and time of the same, and information about You, Your usage preferences, which includes User journey, transaction history, behavioural and any other information about how You use the Platform;
  7. Profile Data: includes, without limitation, Your Identity Data, Contact Data, Financial Data, Transaction Data, interests, preferences, feedback, survey responses and all data (including Personal Data) contained in Your User profile under Your account, and which may contain data and information populated by You.

Marketing and Communications Data: shall include, without limitation, Your preferences in receiving Ours, or third parties’ marketing and promotional communications / content from Us.

The term ‘User Information’ does not include non-personal data i.e.:

data where the identity has been removed (i.e. anonymous or anonymised data);
aggregated data (eg. statistical or demographic data) which is non-personal information, for example, aggregated or anonymized information about users and other information that does not identify any individual (i.e. aggregated data).

You hereby agree and acknowledge that We shall have the full freedom and discretion to use, store, process, disclose, share, create derivative works of etc. the above non-personal data identified in (a) and (b) above for any purpose what-so-ever unless the same is expressly and to the extent prohibited to be used, stored, processed, disclosed or shared under any law that applies to Us.

HOW WE COLLECT AND RECEIVE USER INFORMATION

1. From User: In connection with Your User’s Platform Account, including single sign-on identifier (SSOID), and Your use of the Platform, We may collect, receive, store, possess, deal, handle, process, share, use, disclose and protect User Information in accordance with Your consents, to perform Our contractual obligations with You, and as required under applicable laws.

We may procure or collect further information while interacting with You.

3.2 From TPSPs: TPSPs may (to the extent TPSPs are permitted under a consent by You and/or under applicable laws) share with Us Your User Information including without limitation Profile Data, Technical Data, and such other data and information to help Us to offer the Platform and to TPSPs to offer TPSPs Services on the Platform, and other related data and information when You opt for, use, or terminate Your TPSP Services. Your aggregated invested amounts or balances with various TPSPs will be visible to You on Your User’s Platform Account through an encrypted integration between the Platform and TPSPs however We will not have any visibility on Your respective investments or balances with TPSPs. The sharing of User Information or other personal information about You by a TPSP with Us is governed by such TPSP’s privacy policy.

WE DO USE:
1. Cookies. We may use Cookies to ensure that We give You the best experience on Our Platform. If You continue to use this Platform, We will assume that We have Your consent to undertake processing activities under Section 5 of this Policy. We may also use tracking technologies (like web beacons and pixels) to access and store information when Users browse through Our Platform. Specific information on how We use such technologies and how You can refuse certain cookies is set out in Our Visitor/ Cookies Policy.

Note that Our TPSPs and service providers engaged by them may use their own technologies and cookies when You avail TPSP Services on the Platform. To find out more about the cookies they use, please refer to their respective privacy and cookie policies.

1. External links / third party services on the Platform: Our Platform may include hyperlinks to other websites, content or resources including those provided by TPSPs. We have no control over such external links present on the Platform, which are provided by persons or companies other than Us. These external/application, and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of User Information that You may be subject to. We recommend that You review their respective privacy policy to ensure that privacy of Your User Information is protected by such third parties, including but not limited to TPSPs.

HOW WE USE AND PROCESS USER INFORMATION.

We will use Your User Information in any of the following circumstances:

1. To undertake basic user details verifications and other requirements to complete Your registration with Us and otherwise as deemed fit by Us in Our sole discretion.
2. To provide, or You need to use the Platform, to avail services on the Platform.
3. To perform Our contractual obligations with You and any other obligations which require the use of Your User Information.
4. Where We need to comply with a legal or regulatory obligation, or otherwise as required or permitted under applicable laws.
5. To keep Our Platform {i.e. the Platform and various products and services provided / offered on the Platform (whether by Us, or by any TPSP, or any third party)}, safe and secure, and Our Users safe and secure.
6. We may use Your User Information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Platform, marketing and Your experience, or such other purposes as may be identified in this Policy, Terms, or agreed between You and Us.
7. We may undertake marketing activities for updating Users about the Platform and information connected thereto, as permissible under applicable laws towards Your interest-based advertising. TPSPs may, through the Platform, advertise and market their respective TPSP Services to You, including through interest-based advertising and other forms of communications, including Short Message Service (SMS). We do not sell or lease User Information to any third party.
8. To create one or more derivative works from Your User Information for providing or improving the Platform and / or for enabling respective TPSPs to provide or improve their TPSP Services and / or to provide or improve third party services on the Platform.

Without prejudice to the foregoing, We have indicated below a summary of certain specific types of Our processing of certain types of Your User Information. This is merely an indicative list to help You better understand how We may process Your User Information.

Sr. No.	What We Process	Why We Process
1.	(a) Identity Data (b) Contact Data (c) Financial Data	This data will assist Us in: – facilitating account creation and authentication and otherwise managing the User’s Platform Account. – tracking any abnormal or unauthorized login associated with Your account and to notify You of the same. – enabling and maintaining Your SSID.
2.	Usage Data	We track User behaviour through: · – Cookies · – Platform usage records. We collect data from Your mobile app like real time power consumption patterns, device availability, IP address of devices, working condition of the devices and usage history to provide You meaningful insights in connection with the Platform.
3.	(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data (e) Marketing and Communications Data (f) Technical Data	– Deliver relevant recommendations to You that may be of interest to You. – Provide You with information about the Platform and TPSP Services that may be of interest to You.
4.	(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data	– Asking You to provide a review or take a survey. This will help Us improve Our Platform and services.
5.	(a) Identity Data (b) Contact Data (c) Biometric Data (d) Technical Data (e) Usage Data (f) Profile Data	– To administer and protect Our operations (including troubleshooting, data analysis, testing system maintenance, support, reporting and hosting data). – To enable data privacy and security policy controls, combat fraud or other unauthorized activity using Our Platform. – To comply with Our legal obligations.
6.	Cookies	Your login credentials will be auto saved by the cookies to save You from the necessity of entering Your login credentials every time You login on to Your account. Cookies will help Us to get useful information about the visitors accessing Our Platform and visitors activity on Our Platform. Such information will help Us to understand the correct requirements and needs of Our users to upgrade Our products and/or services to match Your requirements and needs in connection with the Platform. We will track the display of promotional / sponsored content trending on Our Platform with the assistance of cookies and take measures to ensure that You do not receive the same promotional / sponsored content or those which do not fit Your interest.

SHARING & DISCLOSURE OF USER INFORMATION

6.1 Third Parties: We may share and disclose User Information with the following third parties and / or in specific situations described in this section in compliance with applicable laws. We understand that Your User Information is important to You, and We shall bind the third parties mentioned below, including service providers/agents/affiliates/TPSPs that We share Your User Information with, with the same level of protection as required under applicable laws:

6.1.1 Our third parties including our group companies: We may share the User Information with Our subsidiaries, affiliates, group companies or other third parties who are acting as our service providers to help us provide you the Platform and various features and services of the platform. We reasonably bind these parties under a contract to keep the User Information safe and secure.

6.1.2 TPSPs: We may share User Information with TPSPs and other third parties who are providing their services to You on the Platform.

6.1.3 Enforcement of your terms / contracts: Please note that We may also share Your data and information with any of Our TPSPs and other third party service providers engaged directly or indirectly on the Platform, should We discover or get notified that You are in breach or any alleged breach of Terms of the Platform or any applicable laws, pursuant to which such TPSPs or third party service providers on the Platform may take certain actions, including suspension or termination of Your relationship with them.

6.1.4 Disclaimer: You hereby expressly acknowledge that We are not responsible or liable for any loss or damage suffered by You due to the disclosure of Your User Information to TPSPs or external service providers or granting access to such third parties to Your User Information when You are using their products or services on the Platform. You should read the privacy notices and policies of such service providers and TPSPs before availing such services and/or sharing Your information with them. We do not take responsibility for the terms of data usage as expressed on or through their platforms or their documentation.

6.2 Law enforcement / Legal obligation: Under certain circumstances, We may be required to disclose Your User Information without any prior permission or intimation, if such disclosure is required to be done under applicable laws or in response to public, regulatory, administrative, judicial, quasi-judicial, law enforcement, or other statutory authorities (e.g. a court or a law enforcement, regulatory or government agency) whether in India or in other jurisdictions, or to comply with a legal obligation. As the provider of the Platform where TPSP Services are offered by TPSPs and certain third party products or services by other third parties, We may be required, pursuant to this section, to provide Your data and information with one or more TPSPs and/or other third party service providers (including those collected, stored or processed by Us for providing the Platform to TPSPs and these third parties), and therefore, You permit us to collect the required data and information from the relevant TPSP and other third party service providers, and that by this consent to Us, You also consent to the TPSPs and other third party service providers to share such data and information to Us.

SECURITY

7.1 Platform has put in place reasonable security practices and procedures, as required under applicable laws, to secure the User Information and deal with any suspected or actual User Information breach or unauthorised access and modification and may notify You and/or any applicable regulator of a breach where We are legally or contractually required to do so. We also reasonably endeavour to ensure:

7.1.1 the security and confidentiality of User Information.

7.1.2 We protect the security of User Information during transmission by using appropriate software, which encrypts information You input. This encrypted information is stored on secure servers and data centres. Further, We ensure that the number of employees involved in the management of the data centre who have physical access to these storages and computers is limited. Also, We use advanced security technology to prevent Our computers from being accessed by unauthorized persons.

7.1.3 User Information is not accidentally lost, used or accessed in any unauthorized way, altered or disclosed by limiting access to User Information to those employees, agents, contractors and other third parties who have a business need to know.

7.1.4 User Information is protected from any anticipated threats, hazards by applying reasonable industry standards towards security measures which include computer safeguards, secured files and buildings.

7.2 We may suspend Your use of all or part of the Platform without notice if We suspect or detect any breach or threatened breach of security.

7.3 The security of User Information is important to Us but remember that no method of transmission over the internet, or method of electronic storage, is 100% secure. While We strive to use commercially acceptable means to protect User Information, We cannot guarantee its absolute security, and shall not be liable for any loss, destruction, or diminution in the utility of Your User Information.

HOW WE STORE USER INFORMATION.

1. We take all steps reasonably necessary to ensure that Your data is stored towards rendering the services of the Platform, in accordance with applicable laws and disclosures under this Policy. We (a) may adequately mark or otherwise identify and physically and virtually segregate all User Information as Company’s property from any of our other information, and (b) may mask User Information and store it away from other confidential information. All Our data is stored with reputable third party data storage service providers. All Our servers are located in India. Our storage compliance process also include:
  1. Retention: We retain User Information as long as You remain the User of the Platform, and so long as We facilitate communication between You and TPSPs / third parties with for such the respective TPSP Services / third party services services, and other related information up to a period of nine (9) years thereafter, or such longer period as may be required required under applicable laws (including without limitation Information Technology Act, 2000, Companies Act, 2013, Income Tax Act, 1961, Goods and Services Tax Act, 2017 to discharge Our legal obligations, resolve disputes, record keeping and to enforce Our rights and remedies including enforcement of this Policy or Terms of Use). Even after We stop providing such services directly to You and even if You close Your User account, We retain User Information from the date of deletion of User account, in order to comply with Our contractual, legal and regulatory obligations. We may also retain it to allow for fraud monitoring, detection and prevention activities. We also keep User Information to comply with Our tax, accounting, and financial reporting obligations.

1. 1. Purging: Unless preservation is required by applicable laws, We shall permanently purge any communication content (including but not limited to User Information) obtained and stored by Us when no longer necessary for Our purpose.

YOUR RIGHTS AND CHOICES
1. You have rights under data protection laws in relation to Your User Information. Your rights may include the right to correct and update such information, by following the process determined by Us.
2. You have the right to opt-out of receiving marketing emails from Platform at any time without cost by clicking on the relevant link contained in Our marketing emails or by contacting Us. If You would prefer not to receive any of these communications, simply follow the unsubscribe instructions on the promotional email communications that You will receive should You wish to withdraw Your consent or object to the processing.
3. You can also withdraw Your consent to all or any of the Platform’s processing of Your User Information by writing to Us. Once We have received notification that You have withdrawn Your consent, We will, strictly subject to the Terms, no longer process Your information for the purpose or purposes You originally agreed to, unless We have another legal basis for doing so: provided that You may no longer be able to use the Platform and the termination of Your User’s Platform Account shall be in accordance with the Terms.

If You wish to exercise any of Your available rights under the applicable laws, You may contact Us at support@coinswitch.co. In particular, You may reach out to Us with questions or concerns relating to this Policy including Our processing of User Information.

INDEMNITY. You will indemnify, defend, protect and hold Us, our group companies, affiliates, holding company and subsidiaries harmless from any kind of loss or damage or third party claims which may arise directly or indirectly due to:

a) Usage of Your User Information;

b) Your lawful/unlawful acts or omissions associated with Your User Information;

c) Your violation of any terms and conditions of this Policy or any applicable laws;

d) Your attempt to impersonate the identity of another person via the disclosure of Your User Information; and

e) Your disclosure (intentionally/unintentionally) of false/incomplete User Information.

ASSIGNMENT, CHANGE OF CONTROL AND TRANSFER. In the event that We or our holding company or ultimate holding company, if any, enter into, or intend to enter into, a transaction that alters the structure of Our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of Our business, assets or stock, We may share and/or transfer User Information with third parties, and to the extent permitted and commercially feasible, We may give You a written intimation of such an event.

UPDATES TO OUR POLICY. We may change, modify, replace, or update this Policy from time to time. We will notify You of any material changes or additions to this Policy and may provide You with a copy of any amended Policy via Your registered e-mail ID and/or other electronic addresses. We encourage You to review this Policy frequently to be informed of how We are protecting Your information. Your usage of Our Platform and its services after any such change, modification, replacement, or updation, shall be deemed to be Your consent to the same.

13. CONTACT US FOR GRIEVANCE REDRESSAL. Please address Your grievances, feedback or questions, without limitation, with respect to the collection, processing, usage, disclosure, security of Your information in writing to Our grievance officer.

Name: Pradeep Kumar R

Designation: Grievance Officer

Contact information: support@coinswitch.co

To, Grievance Officer,

Re: Privacy Policy, Bitkuber.

Infinity, Electra Block,1st Floor, Wing A Exora Business Park, Prestige Tech Park II, Bellandur, Bengaluru – 560037, Karnataka, India