1. BACKGROUND
This Privacy Policy is framed in light of Section 43A of the Information Technology Act, 2000, read with Rule 4 of the Information Technology (Reasonable Security Practices & Procedures & Sensitive Personal Data or Information) Rules 2011, which requires SHIVAYA CAPITAL PRIVATE LIMITED (hereinafter referred to as “SHIVAYA”) to provide a policy for collecting, receiving, possessing, storing, dealing with, handling, or disclosing information. “SHIVAYA” or any person who, on behalf of “SHIVAYA,” collects, receives, possesses, stores, deals with, or handles information of the provider of information must adhere to the privacy policy for handling or dealing with personal information, including sensitive personal data or information, and ensure that it is available for view by such providers of information who have provided such information under a lawful contract. Such a policy should be published on the site of “SHIVAYA.”
2. PURPOSE
“SHIVAYA” intends to protect the privacy of its users and members on its site and maintain the privacy of the data provided by them to SHIVAYA from time to time. It is strongly committed to protecting personal information, including but not limited to Sensitive Personal and Financial Information, that customers submit to us. We would endeavor to protect this information from unauthorized use. This Privacy Policy provides you with details about the way your data is collected, stored, and used by us, and you are advised to read this privacy policy carefully. By visiting the site, you consent to the use and disclosure of your personal information in accordance with the terms and conditions of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use or access the site.
Please contact us via email at compliance@shivayacapital.com if you have additional questions or require more information about our privacy policy. This Privacy Policy is applicable for all our ongoing online activities and is also valid for visitors who come to our website and the information they share and/or collect in “SHIVAYA.” Information collected offline or through channels other than this website does not fall under the purview of this Privacy Policy.
3. DEFINITIONS
“We”, “our” and “us” refer to “SHIVAYA ” “Site” refers to the website, mobile site, and the application that we provide and which includes a link to our Online Privacy Policy You” or “your” refers to anyone who visits, accesses, browses or uses the SHIVAYA website at https://www.shivayacapital.com or obtains our services through our website.“
Personal Information: means 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. Sensitive Personal and Financial Information: means such personal information that is otherwisenot available to anyone except the customer, such as password, financial information, sexual orientation, medical records, and physical, physiological, and mental health condition. Such information is generally not available in the public domain.
4. COLLECTION OF INFORMATION
While availing of service or products or using the site “SHIVAYA ” may collect and process information from the customers including sensitive information that is confidential in nature but not limited to the below mentioned.
1. Information that the users provide to “SHIVAYA ” by filling in forms on the website. This includes contact information such as name, email address, mailing address, phone number, financial details, family details, banking relationships, password and transaction history, etc.
2. We also collect information through supporting documents collected as per Know Your Customer (KYC) master direction issued by the Reserve Bank of India and other documents like statements of accounts, financial statements, etc. for the underwriting purpose.
3. Information that the users provide while registering for an account with us, such as name, company name, address, email address, and telephone number.
4. Other personal information provided by third parties such as credit bureaus and identity verification services.
5. Information that you provide to “SHIVAYA ” when interacting with our customer support team or other team members via phone, email, online form, or other correspondence;
6. Personal information stored with third parties that you choose to provide to SHIVAYA, such as social media account information and your social media contacts. By linking your third party accounts or using third party sign-in services, you authorize SHIVAYA to have access to this information and you agree that SHIVAYA may collect and use this information in accordance with this Privacy Policy.
7. Personal testimonial information or endorsements that you voluntarily provide to us and which we may display with your name on our Sites with your consent. To update or delete your testimonial, contact us at compliance@shivayacapital.com
When the user uses the site, our servers automatically record certain information that the user’s web browser sends whenever the user visits any website. Such information is known as ‘LOG FILES”. These server logs may include information such as the user’s web request, Internet Protocol (IP) address, browser type, referring/exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other suchinformation. We use this information, which may or may not identify users, to analyze trends, administer the site, track users movements around the site, and gather demographic information about the user base as a whole.
5. USE OF INFORMATION
The information collected by us is used in various ways to:
1. To facilitate assessment and provide credit underwriting support for sanction of credit facility.
2. To check the eligibility criteria, credit assessment, credit underwriting, and other activities incidental thereto.
3. To inform you about new offers, products, services from time to time.
4. To resolve disputes, troubleshoot concerns.
5. To help and promote safe services.
6. To Provide, operate and maintain our website
7. To Improve, personalize and expand our website
8. To Develop new products and services, features, and functionalities
9. Communicate either directly with you or through one of our partners to provide you with customer service, with updates and other website-related information, and for marketing and promotional purposes
10. To Send you emails
11. To protect and prevent fraud and other criminal activity.
6. SHARING AND TRANSFER OF INFORMATION
“SHIVAYA” may share information with individuals and body corporates in the course of normal business operations, and with customers who have subscribed to any activity related to these services, such as fee collection. It may become necessary for “SHIVAYA” to disclose the customer’s personal information to its lending partners or agents in the course of normal business operations for the aforementioned purposes. However, these parties are required to use the information obtained from “SHIVAYA” exclusively for such purposes and must protect the personal information, including but not limited to Sensitive Personal and Financial Information, under a strict code of confidentiality.
We will not voluntarily disclose your personal information to any non-connected third party, but in certain circumstances, we may do so if required by court order, government authorities, law enforcement authorities, or other legal processes, or where it becomes necessary to protect the rights or property of the site and/or its group companies/affiliates, etc. We may also disclose your information to a third party as part of a merger, collaboration towards delivering services, transfer, or any restructuring. We will only use your personal information for the purposes for which it was collected, unless we reasonably determine that it is necessary to use it for another reason, and that reason is compatible with the original purpose.
7. COOKIES AND WEB BEACONS
Like many other websites, “SHIVAYA” collects certain information from users’ browsers using small data files called “cookies.” These cookies enable us to store information, including visitor preferences, IP addresses, and passwords, and allow visitors to securely move between different website pages without having to re-enter password information. This information is used to customize our web page content and optimize user experience based on the visitor’s browser type and other relevant data.
All information collected through cookies is stored in secured databases protected by various access controls and is treated as confidential information by “SHIVAYA.” The web pages of the website may contain electronic images known as “web beacons” (sometimes called single-pixel GIFs), which are used in conjunction with cookies to compile aggregated statistics to analyze website usage. Web beacons may also be used in some “SHIVAYA” emails to track which emails and links recipients have opened, allowing us to measure the effectiveness of our customer communications and marketing campaigns.
8. DATA SECURITY
At “SHIVAYA,” we are strongly committed to protecting the privacy of our customers and have taken all necessary and reasonable measures to protect the confidentiality of customer information and its transmission over the World Wide Web. However, “SHIVAYA” shall not be held liable for the disclosure of confidential information in accordance with this Privacy Commitment or under the terms of agreements with the customer.
We limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. You are responsible for maintaining the security of your account credentials and other authentication methods involved in accessing password-protected or secure areas. “SHIVAYA” will not bear any liability for unauthorized use of your account.
9. DATA RETENTION
“SHIVAYA” shall retain personal data in accordance with Section 12 of the PLM Act, 2002 to fulfill the purposes for which it was collected and as permitted by applicable law. This includes compliance with legal and regulatory obligations, resolving disputes, concluding any activities related to the cancellation of an account, investigating or preventing fraud and other inappropriate activities, enforcing our agreements, and for other business reasons.
10. LINK TO THIRD-PARTY WEBSITES
Our site may contain links to other websites with privacy practices that differ from those of “SHIVAYA.” The inclusion of a link does not imply any endorsement by “SHIVAYA” of the third-party website, its provider, or the information presented on it. If users submit personal information to any of those websites, such information will be governed by the privacy policies of those third-party websites, and “SHIVAYA” disclaims all responsibility or liability for those policies or the websites themselves. Users are encouraged to carefully read the privacy policy of any website they visit.
11. CHILDREN’S INFORMATION
Protecting children while they use the internet is a priority for us. We encourage parents and guardians to observe, participate in, and/or guide their children’s online activities. “SHIVAYA” will never knowingly collect any Personally Identifiable Information from children under the age of 13. If you believe that your child has provided such information on our website, we strongly urge you to contact us immediately. We assure you that we will take prompt action to remove such information from our records.
12. CONSENT
By using our site, you hereby provide consent and agree to the collection, transfer, use, storage, disclosure, and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access our site.
13. GENERAL
Any changes due to legislative amendments, enhancements of functionality, or alterations in the content of the site may prompt us to update this privacy policy. Such changes will apply only on a prospective basis, so we recommend that you review this page periodically to stay informed about any modifications. Please note that this privacy policy does not create any contractual or other legal rights in or on behalf of any party, nor is it intended to do so.
14. GRIEVANCE OFFICER
In accordance with the RBI Regulations and Information Technology Act, 2000 and the Rules made thereunder, the name and contact details of the Grievance Officer are provided below: Name: Ram Dwarkani: Director Contact Number:8120027000, Email Address: compliance@shivayacapital.com
15. GRIEVANCE REDRESSAL TIMEFRAME
The timeframe for addressing and resolving a complaint shall differ on a case-to-case basis, and depend upon the type and complexity of the grievance. The timelines for redressal of different kinds of complaints under this Policy is as follows:
1. General cases (other than the cases mentioned below). These include customer complaints pertaining to business practices, lending decisions, credit management, recovery and complaints relating to updating/altering credit information, etc.: 15 working days of receipt of complaint.
2. Fraud cases, legal cases and cases which require retrieval of old records and documents: 30 working days of receipt of complaint.
3. Credit-related cases: 25 working days of receipt of complaint.
4. EMI Related issue Cases: 20 Working days from the date of receipt of complaint. If any complaint needs additional time to reach a resolution, the Company will inform the complainant of the requirement of additional time and the expected timeline for the resolution of the issue.
16. DISCLAIMER
All the information on our website is published in good faith and for general information purposes only. SHIVAYA does not make any warranties about the completeness, reliability, and accuracy of this information. Any action you take upon the information you find on this website is strictly at your own risk. We will not be liable for any losses and/or damages in connection with the use of our site. From our site, you can visit other sites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice andmay occur before we have the opportunity to remove a link that may have gone ‘bad’. Please be also aware that when you leave our website, other sites may have different privacy policies and terms that are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
17. REVIEW OF THE POLICY
The Policy should be subjected to an annual or earlier review by the management and modifications, if any warranted, should be taken up for the approval of the Board. If there are any amendments in the regulations, revision in the policy should be staged for Board’s approval in the immediately ensuing Board Meeting, after the amendments are notified by the regulation.