1.1. Who is Bizrise/NearPe?
Bizrise technolgoies pvt ltd ("Bizrise/NearPe"
) activates local stores to go online. ("End Users"
). Bizrise/NearPe owns and operates the websites, http://NearPe.com, http://near.pe and http://bizrise.in (collectively the "Websites"
) and mobile applications (on various platforms including Android, iOS and Windows) (collectively called ("Mobile Applications").
The Websites and the Mobile Applications allow end users to accept cash payments and refunds along with various other services via third parties. For providing the Services (as defined herein) NearPe has entered into contracts/arrangements with various online/offline merchants in any kind of domains ("Third Party Service Providers").
Section 43A of the Information Technology Act, 2000;
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPI Rules");
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
The type of information collected from the Users, including Sensitive Personal Data Or Information (as defined below);
The purpose, means and modes of usage of such information; and
How and to whom NearPe will disclose such information.
1.4. What is Personal Information
"Personal Information" is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
The SPI Rules further define "Sensitive Personal Data or Information" of a person to mean Personal Information about that person relating to:
Financial information such as bank accounts, credit and debit card details or other payment instrument details;
Physical, physiological and mental health condition;
Medical records and history;
Information received by body corporates under lawful contract or otherwise;
User details as provided at the time of registration or thereafter; and
Call data records.
Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as Sensitive Personal Data or Information.
2. Privacy Statements
2.1. Users Note
A condition of each User's use of and access to the Websites, Mobile Applications and to the other services provided by NearPe to End Users (together with the Websites and Mobile Applications, the ("Services")
When browsing the Websites, a User is not required to provide Personal Information unless and until such User chooses to avail or sign up for any of the Services.
Due to the communications standards on the Internet, when a User visits the Website, NearPe automatically receives the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. NearPe also receives the Internet Protocol ("IP")
address of each User's computer (or the proxy server a User used to access the Internet), the User's computer operating system and type of web browser the User is using, email patterns, as well as the name of User's ISP. This information is used to analyze overall Users' trends to help NearPe improve its Services. The linkage between User's IP address and User's personally identifiable information is not shared with third-parties without such User's permission or except when required by law or except where required to provide or facilitate the Services. Notwithstanding the above, the User acknowledges NearPe's right to share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
The Websites and the Mobile Applications use temporary cookies to store certain data. NearPe does not store personally identifiable information in the cookies. Information collected by NearPe, by any means whatsoever, that does not personally identify the User as an individual (such as, patterns of utilization described above) is exclusively owned by NearPe and may be used by NearPe and Third Party Service Providers for the technical administration of the Websites, Mobile Applications, User administration, research and development, business development, statistical analysis and business intelligence purposes. Additionally NearPe may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
We may disclose to third party services certain personally identifiable information listed below:
information you provide us such as name, email, mobile phone number.
information we collect as you access and use our service, including device information, location and network carrier.
This information is shared with third party service providers so that we can:
personalize the app for you
perform behavioral analytics
A User can set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Websites or the Mobile Applications. Merely closing the web browser should ordinarily clear all temporary cookies installed by NearPe. However, Users are encouraged to use the "clear cookies" functionality of their browsers to ensure deletion, as NearPe cannot guarantee, predict or provide for the behaviour of the equipment of all the Users of the Websites.
NearPe may allow other companies or entities to serve advertisements to Users. These companies or entities include third party ad servers, advertisement agencies, advertisement technology vendors and research firms. NearPe may "target" some ads to Users that fit a certain general profile. NearPe does NOT use personally identifiable information to target ads. In the course of serving advertisements or optimizing the Services to its Users, NearPe may allow authorized third parties to place or recognize a unique cookie on the User's browser.
When a User visits or uses the Websites or the Mobile Applications by or through a mobile device, NearPe may access, collect, monitor and/or remotely store "location data," which may include global positioning system coordinates (e.g. latitude and/or longitude) or similar information regarding the location of the mobile device. Location data does not collect or share any personally identifiable information about the User.
NearPe may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, business development or for User administration.
The Websites may enable Users to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. NearPe hereby expressly disclaims any liability for any misuse of such information that is made available by Users in such a manner, neither does NearPe warrant or guarantee any such data or communication.
NearPe does not collect information about the Users of the Websites and the Mobile Applications from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the End Users.
NearPe may choose to conduct contests and surveys to collect relevant information about the Users' preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides in the registration process and through any surveys or contests is used to help NearPe improve its services to meet the needs and preferences of Users.
NearPe has implemented industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. It is expressly stated that NearPe shall not be responsible for any breach of security or for any actions of any third parties that receive Users' personal data or events that are beyond the reasonable control of NearPe including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
NearPe may share/use Personal Information provided by Users with its subsidiaries and Third Party Service Providers for the purposes of,
(i) enabling Users to enjoy the Services,
(ii) detecting and preventing identity theft, fraud and other potentially illegal acts,
(iii) correlating related or multiple accounts to prevent abuse of the Services, and facilitating joint or co-branded Services requested by Users, where such Services are provided by more than one corporate entity.
NearPe may also disclose or transfer the personal and other information provided by the Users, to any thirty party as part of reorganization or a sale of the assets of a NearPe corporation division or company. Any third party to which NearPe transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to NearPe.
All NearPe employees and data processors, who have access to, and are associated with the processing of Sensitive Personal Data or Information provided by Users, are obliged to respect the confidentiality of every User's Sensitive Personal Data or Information.
2.2. Visitors Note:
No Sensitive Personal Data or Information is automatically collected by NearPe from any visitors of the Websites who are merely perusing or browsing the Websites ("Visitor").
A User will not merely be a Visitor if
If you, as a Visitor, have inadvertently browsed any other pages of the Websites prior to reading the privacy statements set out herein,
and you do not agree with the manner in which information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by NearPe. All visitors, however, are encouraged to use the "clear cookies" functionality of their browsers to ensure such clearing / deletion, as NearPe cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Websites.
2.3. End User Note:
Where a User used the Services for making bookings for persons other than himself/herself/itself; the User shall confirm and represent that each of such persons shall be deemed to have agreed and authorised the User to disclose their Personal Information to NearPe.
NearPe may require the End User to pay for the Services with a credit card, wire transfer, debit card or cheque. NearPe will collect such End User's credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the End User through the authentication process. The End User's credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the industry standard degree of care as per current technology. The End User is advised, however, that Internet technology is not completely safe and User should exercise discretion on using the same.
NearPe may communicate with End Users through emails, notices posted on the Websites, text, and other forms of messaging. An End User can change his/her/its email and contact preferences at any time by logging into their account on the Websites and changing their account settings.
The End Users' personally identifiable information they choose to provide on the Websites and/or the Mobile Applications is used to help the Users describe / identify themselves. Additionally NearPe may choose to conduct contests and surveys to collect relevant information about the End Users' preferences. These surveys and contests are optional and if an End User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that NearPe collects in the registration process and through any surveys or contests is used to help NearPe improve its Services to meet the needs and preferences of the End Users.
3. Registration Process
3.1. As part of the registration process, NearPe may collect the following Personal Information from End Users
(iv) contact information including favourite locations including home address and office address, email address and mobile number,
(v) password chosen by the End User,
(vi) demographic information such as postal code, preferences, interests, etc.
(vii) information regarding type of cell phone used, and
(viii) other information as the End User may provide.
3.2.This information specified in clause 3.1 above is collected on the registration form for several reasons including but not limited to,
(i) personal identification,
(ii) to facilitate financial & payment services offered by NearPe,
(iii) to allow NearPe to contact the User for customer service purposes, if necessary,
(iv) to customize the content of the Websites and the Mobile Applications to meet specific needs of the User, and/or
(v) to make improvements to the Websites and the Mobile Applications.
Its employees on a need-to-know basis. All NearPe employees and data processors, who have access to, and are associated with the processing of Sensitive Personal Data or Information, are obliged to respect the confidentiality of every End User's Sensitive Personal Data or Information.
Third Party Service Providers to the extent necessary to provide the End Users with the Services. NearPe may provide the Personal Information to Third Party Service Providers who work on behalf of or with NearPe to provide End Users with the Services, to help NearPe communicate with End Users or to maintain the Websites and the Mobile Applications. Generally the Third Party Service Providers do not have any independent right to share this information, however certain service providers who provide services on the Websites, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
Notwithstanding the above, NearPe shall not be responsible for any breach of security or for any actions of any third parties that receive Users' personal data or events that are beyond the reasonable control of NearPe including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
4. Opt-Out Policy
4.1. The subsidiaries and Third Party Service Providers with whom NearPe may share Personal Information provided by Users are not permitted to market their own services or send promotional e-mails to Users. NearPe provides all Users with the opportunity to opt-out of receiving non-essential, promotional, or marketing-related communication from itself or its partners. These settings can be found on Websites.
4.2. If a User wishes to remove his/her/its contact information from all NearPe lists and newsletters, the User can click on the "unsubscribe" link or follow the instructions in each e-mail message. Alternatively, the User can contact NearPe at care@NearPe.com. NearPe reserves the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.