Effective Date: 28 January 2019
THIS POLICY DESCRIBES OUR POLICIES AND PROCEDURES FOR COLLECTION, USE, STORAGE, PROCESSING, DISCLOSURE AND PROTECTION OF ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, PERSONAL OR BUSINESS INFORMATION PROVIDED BY YOU AS A USER (hereinafter referred to as “You” “Your” or “User”) WHILE USING THE MOBILE APPLICATION. USER SHALL MEAN ANY PERSON/ PERSONS, WHO VISITS, USES, DEALS WITH AND/ OR TRANSACTS THROUGH THE MOBILE APPLICATION.
THIS POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS THE USER OF THE MOBILE APPLICATION, AND HFCL, AS THE OWNER OF THE MOBILE APPLICATION. YOU MUST BE A NATURAL PERSON, CITIZEN OF INDIA, WHO IS ATLEAST 18 YEARS OF AGE.
BY VISITING/ ACCESSING THE MOBILE APPLICATION, YOU ARE CONSENTING TO USE AND SHARE YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY. THIS POLICY DOES NOT APPLY TO THIRD- PARTY WEBSITES/ APPLICATIONS THAT ARE CONNECTED VIA LINKS TO THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE/ ACCESS THIS MOBILE APPLICATION.
WE MAY UPDATE THIS POLICY FROM TIME TO TIME. YOU MUST PERIODICALLY REVIEW THE POLICY FOR THE LATEST INFORMATION ON OUR PRIVACY PRACTICES.
This Policy applies regardless of whether you use a computer, mobile phone, tablet, or any other media or electronic resource to access our Services. It is important that you read the Policy carefully because anytime you use our Services, you consent to the practices/ policies that we have set out in this Policy.
II. Personal Information/Information we collect
HFCL asks for and uses your personal information and is committed to keeping this information secure. You hereby irrevocably and unconditionally grant consent to HFCL to share, receive, record, store, and process your Personal Information as well as other information relating to your transaction that also may be Personal Information, including the date, amount, and location of the transaction. You must keep your Personal Information up to date, and intimate HFCL forthwith of any change in Personal Information.
HFCL has expended considerable time, effort, and resources, and implemented technical and organizational measures, to maintain the security of your Personal Information. However, HFCL cannot and does not guarantee that your Personal Information is impervious to all breaches of security through interception, hacking, or other means.
HFCL collect the following types of information:
Information you provide us directly
• Identification Information: Your name, email address, phone number, mobile number, signature and photograph, any other contact details, government or other identity documents, date of birth, gender, employment, educational background, PAN, Aadhaar number; your other relevant KYC documents as required by HFCL.
• Bank account or other payment instrument details;
• Other: Other historical, contact, and demographic information
• Any other detail which may be required by us for providing Services.
Information that We may collect from Your use of Our Services, such as:
• Transaction Information: We read SMS to retrieve OTP sent by HFCL during login or transaction-related authentication. We read SMS logs and other digital content to collect information about payment transactions, the names of the transacting parties, a description of the transactions and the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.
• Location Information: Through our applications, we collect information about the location of your device.
• Media Information: We facilitate users to capture/upload relevant documents as may be required to be uploaded during user account management or transaction order placement.
• Device Information: We collect specific information about your device when you access our Services, including your storage, hardware model, operating system and version, unique device identifier, mobile network information, and information about the device’s interaction with our services.
• Use Information: We collect information about how you use our Services, including your access time and Internet Protocol (“IP”) address.
• Communication Information: We access your Contacts lists and call logs for application reference purposes.
Information We Collect from Other Sources:
We also collect information about you from third parties, including third-party verification services, credit bureaus and publicly available sources. In some circumstances, where lawful, this information may include your government- issued identification number. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment and personal reporting agencies.
III. Use of Personal Information
We use personal information to provide you with personal loan you explicitly requested for, to resolve disputes, troubleshoot concerns, help promote safe services, assess your interest in our services, inform you about offers, products, services, updates, customize your experience, detect and protect us against errors, fraud and other criminal activity, enforce our terms and conditions, etc. We may also use your personal information to send you offers regarding various services/facilities which HFCL or its group companies may, from time to time, launch. We may occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, gender, etc.). We use this data to customize your experience at HFCL. We also may use information about you to measure, customize, and enhance our Services, including the design, content, and functionality of our applications and websites, or to track and analyze trends and usage relating to our Services.
Further, HFCL or any third party, as may be authorized by HFCL may use information about you to provide, maintain, and improve our Services, such as:
• develop credit risk models and perform risk assessment;
• detect and prevent fraud;
• develop and test new products and features;
• verify information that you have provided;
• to form a view of you as an individual and to identify, develop or improve products, that may be of interest to you;
• delivering the information and support you request, including technical notices, security alerts, and support and administrative messages;
• diagnose or fix technology problems
• conduct statistical and market analysis; and
• satisfy any other legitimate business purposes, including handling any complaints and retaining information as necessary to meet our obligations under applicable laws and regulations.
• to get in touch with you when necessary and contact you by email, SMS, letter, telephone or in any other way about our products and Services;
• to provide you with the services that might be required by you;
• to take up and investigate any complaints/claims/disputes,
• to process your financial and non-financial transaction requests,
• to respond to your queries and feedback submitted by you;
• to find adequate references for your loan application;
• to give you customized offers as per your location;
• to conduct data analysis in order to serve You better and provide Services;
• carry out, monitor and analyze our business, carry out market research, business, and statistical analysis and also direct our efforts for product improvement;
• to maintain records under applicable law or a may apply to pursuant to agreements executed by us;
• to fulfil the requirements of applicable laws / regulations and / or court orders / regulatory directives received by us.
• For any other purpose as may be decided by HFCL.
HFCL or any third party, as may be authorized by HFCL, may use information about you to improve, personalize and facilitate your use of our Services. For example, we may associate certain information with your new account, such as information about other loan applications you have with HFCL or any other financial institutions, and prior transactions you made using our services and the usage of our products.
Further, HFCL or any third party, as may be authorized by HFCL may use information about you:
• To enforce the terms of our General Terms or other applicable agreements or policies;
• To verify your identity (e.g., some of the government-issued identification numbers we collect are used for this purpose);
• To investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities;
• To comply with any applicable law, regulation, legal process, or governmental request;
• For any other purpose disclosed to you relating to our Services.
IV Storage of Information and Disclosure
We store and process your personal information on Amazon Web Services (India) cloud servers and other cloud service providers. Some of the safeguards we use are firewalls and data encryption using SSL, and information access authorization controls. We use reasonable safeguards to preserve the integrity and security of your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. To achieve the same, we use reasonable security practices and procedures as mandated under applicable laws for the protection of your information. Information you provide to us may be stored on our secure servers located within or outside India.
However, you understand and accept that there’s no guarantee that data transmission over the Internet will be completely secure and that any information that you transmit to us is at your own risk. We assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access to our mobile application and data bases or other acts of third parties, or acts or omissions beyond our reasonable control and you shall not be entitled to hold HFCL responsible for any breach of security.
V Disclosure of Information
The Information provided by you may be disclosed to:
a. RBI, SEBI, CIBIL, Credit Bureaus, Credit Rating Agencies, Databanks, KYC Registration Agencies (KRAs) and other such agencies, solely for the purpose of processing your transaction requests for serving you better;
b. Another business entity to carry out any business activity or re-organization, amalgamation, restructuring of business or for any other reason whatsoever;
c. Any actual or proposed assignee, transferee, participant or sub-participant of HFCL;
d. Any judicial, government or regulatory bodies, statutory authorities, quasi judicial authorities;
e. Any other banks, NBFCs or financial institutions;
f. Auditors, professional advisors;
g. Any Affiliate, associate, office of HFCL and to their employees;
h. Any other third party service providers.
We may share your information with third parties under a confidentiality agreement for provision of Services which inter alia restricts such third parties from further disclosing the information unless such disclosure is for the purpose as detailed under that confidentiality agreement. However, we are not responsible for any breach of security or for any actions of any third parties that receive your personal information.
We shall not publish the sensitive personal data or information or disclose it further, without your consent, for any purpose other than stated above.
VI Retention of Information
HFCL shall not retain or store such information for periods longer than is required for the purposes except when the information may lawfully be used or is otherwise required under any other law for the time being in force.
By agreeing to avail the services offered by HFCL, You have agreed to the collection and use of your Sensitive Personal Data or Information, as well, by HFCL. You always have the right to refuse or withdraw your consent to share/disseminate your Sensitive Personal Data or Information by contacting the customer care. However, in the event of your refusal or withdrawal of personal data, you shall not be able to avail any services of HFCL to the fullest extent.
VII Updating Your Information
You may upon written request to update the personal data or information provided by You. HFCL shall ensure that any personal information or sensitive personal data or information found to be inaccurate or deficient shall be corrected or amended as feasible.
We might also use other technology to track how you interact with Website and employ some third party agencies to use the data on our behalf for data analysis to determine your use and journey on the Website.
IX Reasonable Security Practices and Procedures
The security of personal information is a priority and is protected by maintaining physical, electronic, and procedural safeguards that meet applicable laws. HFCL shall take reasonable steps and measures to protect the security of your personal information from misuse and loss, unauthorized access, modification or disclosure. HFCL maintains its security systems to ensure that the personal information of the customer is appropriately protected and follows the extant standard encryption norms followed for the transmission of information. HFCL ensures that its employees and affiliates respect the confidentiality of any personal information held by HFCL.
However, we do not warrant or represent that your personal information is completely safe from hackers and other security threats.
X Third-Party Links and Content on our Services
Our Services may link to third-party websites and services that are outside our control. Further, HFCL, its group companies, its affiliates, and their directors and employees (“HFCL Group”) accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, damage or expenses) from your use of any mobile application or any site or inability to use by any party, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with any mobile or online application, its Contents (material, information, data, money market movements, news items, etc.) or associated services, or due to unavailability of any application or any part thereof or any Contents or associated services even if HFCL Group are advised of the possibility of such damages, losses or expenses.
“Phishing" usually occurs when users are induced by an individual/entity into divulging sensitive personal data by using fraudulent websites and/ or e-mail addresses. In the event You provide information to a website or respond to an e-mail which does not belong to Us or is not connected with Us in any manner, You will be a victim of Phishing. We do not send e-mails requesting a User for payment information, user name or passwords. However, We may verify the user name, password etc. provided by You from time to time.
XII Intellectual Property Rights
Please note that HFCL retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this web site (including all texts, graphics and logos).
XIV Severability and Exclusion
We have taken every effort to ensure that this Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. This Policy does not apply to any information other than the information collected by HFCL through the Mobile Application. This Policy shall be inapplicable to any unsolicited information You provide Us through this Mobile Application or through any other means. This includes, but is not limited to, information posted in any public areas of the Mobile Application. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.
XVI Online Surveys
For better understanding the needs and profile of our users we conduct on-line surveys. When we conduct the survey, we will try to let you know how we shall use said information at the time of collecting information from You on the internet. However, the same is not obligatory on our part. You recognize and understand that there is no compulsion on your part to provide us with your personal information and all personal information provided by You to us is with your full consent, own will and desire to provide such personal information. You also understand that we are under no obligation to verify the source from which the personal information about You is provided to us and is deemed to be provided by You.
XVII Governing Law and Jurisdiction
This Policy shall be governed by and construed in accordance with the laws of India. The courts at Delhi, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
XVIII No Waiver
The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non- exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
XIX Contact Us
XX Grievance Redressal Mechanism
If You have grievance with respect to use of Your personal information, please write to Us at firstname.lastname@example.org
HFCL has a structured grievance redressal mechanism in practice where all grievances will be attended as per a defined time schedule as mentioned in grievance Redressal policy available at https://www.herofincorp.com/sites/default/files/Grievance_Redressal_Policy_vF.pdf