• 3.1.1. Section 43A of the Information Technology Act, 2000;
• 3.1.2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
• 3.1.3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
4. What is Sensitive Personal Data or Information?
4.1. In accordance with the SPI Rules, any sensitive personal data or information of a person means and includes such personal information about that person relating to:
• 4.1.1. Passwords;
• 4.1.2. Financial information such as bank accounts, credit and debit card details or other payment instrument details;
• 4.1.3. Physical, physiological and mental health condition;
• 4.1.4. Sexual orientation;
• 4.1.5. Medical records and history;
• 4.1.6. Biometric information; and
• 4.1.7. Information received by body corporates under lawful contract or otherwise.
4.2. Certain information provided by Users may allow for personal identification of the Users, including email addresses, telephone numbers and other contact information.
4.3. It may be noted that any 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, or as personally identifiable information.
5. Users Note
5.3. Users can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. Any grievances in relation to the information shared by the User with MODNY may be brought to the attention of MODNY at email@example.com.
5.4. For the use of the Services and purchase of Products, you may be required to pay MODNY with a credit card, wire-transfer, or debit card through MODNY’s third party payment gateway provider and such third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from the Users’ by MODNY’s third party payment gateway providers will be used only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which MODNY shall have no role to play.
• 5.5.1. To identify the User, to understand his/her/its needs and resolve disputes, if any;
• 5.5.2. To set up, manage and offer products and to enhance the Services to meet the User’s requirements;
• 5.5.3. To provide ongoing service;
• 5.5.4. To meet legal and regulatory requirements;
• 5.5.5. To resolve technical issues and troubleshoot problems;
• 5.5.6. To aid MODNY in collecting monies from Users for transactions carried out on the Platforms;
• 5.5.7. To keep Users apprised of MODNY’s (or third parties’) promotions and offers;
• 5.5.8. To customize User experience;
• 5.5.9. To detect and protect MODNY from error, fraud and other criminal activities;
5.6. The Financial Information collected from the Users is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. While MODNY shall make reasonable endeavors to ensure that the User’s Personal Information and the Financial Information is duly protected by undertaking security measures prescribed under applicable laws, the User is strongly advised to exercise discretion while providing Personal Information or Financial Information while using the Services given that the Internet is susceptible to security breaches.
5.7. Due to the communications standards on the Internet, when a User visits the Platforms, MODNY automatically receives the uniform resource locator of the site from which such User visits the Platforms, details of the website such User is visiting on leaving the Platforms, the internet protocol (“IP”) address of each User’s computer operating system, type of web browser the User is using, email patterns, and the name of the User’s internet service provider. This information is used solely to analyze overall User trends and to help MODNY in improving its Services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the Services. Notwithstanding the above, the User acknowledges MODNY’s right to share some of the aggregate findings, including the Personal Information provided by the Users in an unidentifiable form, and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business.
5.8. The Platforms use temporary cookies to store certain data. MODNY does not store personally identifiable information in the cookies. Information collected by MODNY, 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 MODNY and may be used by MODNY and third party service providers for technical administration of the Platforms, user administration, research, development, and other purposes. Additionally, MODNY may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister concerns, service providers and service partners and other third parties (collectively referred to as “Other Parties”).
5.9. A User may 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 Platforms. Merely closing the web browser should ordinarily clear all temporary cookies installed by MODNY. However, Users are encouraged to use the “clear cookies” functionality of their browsers to ensure deletion, as MODNY cannot guarantee, predict or provide for the behavior of the equipment of all the Users of the Platforms.
5.10. MODNY may allow other companies or entities to serve advertisements to Users. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. MODNY may target some advertisements to Users that fit a certain general profile. MODNY does not use personally identifiable information to target advertisements to specific Users. In the course of serving advertisements or optimising the Services to its Users, MODNY may allow authorised third parties to place or recognise a unique cookie on the User’s browser.
5.12. When a User visits or uses the Platforms, MODNY may access, collect, monitor and/or remotely store data in relation to the User’s location, which may also include global positioning system coordinates or similar information regarding the location of the device using which the User has visited or used the Platforms. The location data does not collect or share any personally identifiable information about the User.
5.13. MODNY may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. MODNY may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.
5.14. MODNY 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 while availing or signing-up for the Services and through any surveys or contests is used to help MODNY improve its services to meet the needs and preferences of Users.
5.16. MODNY has implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Financial Information and Personal Information 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 MODNY shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of MODNY including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
5.18. MODNY may share/use Personal Information and Personally Identifiable Information provided by Users with the Other Parties for the purposes of:
• 5.18.1. enabling Users to enjoy the Services and to use the Products, including sharing information with Other Parties to provide services, technical support etc in relation to the Products; or
• 5.18.2. detecting and preventing identity theft, fraud or any other potentially illegal acts; or
• 5.18.3. monitoring and enhancing User interest and engagement, including through promotional activity, personal messages to Users using Personally Identifiable Information provided by Users, etc; or
• 5.18.4. processing the purchase of Products on the Platforms.
To the extent that Other Parties have access to the Personal Information, MODNY shall make efforts to ensure that the Other Parties treat such Personal Information at least as protectively as they treat personally identifiable information obtained from their users or members.
5.19. MODNY or the Other Parties may merge with or be acquired by another business entity. In such an event, MODNY and the Other Parties may be required to transfer the Personal Information to such merging or acquiring party, as the case may be. While sharing such Personal Information with the acquiring or merging entity, as the case may be, MODNY and the Other Parties shall make reasonable endeavours to ensure that the User’s Personal Information is duly protected by the acquiring or merging entity, as the case may be, by undertaking security measures prescribed under applicable laws.
5.20. MODNY may also disclose or transfer the personal and other information provided by Users, to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the company. Any third party to which MODNY transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to MODNY.
5.21. All MODNY employees and data processors, who have access to and are associated with the processing of Personal Information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s Personal Information or Financial Information.
5.24. The User consents to MODNY reproducing/publishing all testimonials and reviews given by the User (whether on the Website, social media platforms, or in any other manner whatsoever) in relation to MODNY or any of the Products, together with the User’s name and location, on the Website, on such page and in such position as MODNY may determine in its sole discretion. The User agrees that MODNY may edit the testimonials and reviews provided by the User and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Website. If the User has any concerns with the reproduction/publication of any testimonial or review provided by the User on the Website, the User may contact MODNY at firstname.lastname@example.org.