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Privacy Policy

PRIVACY POLICY FOR www.omlp2p.com

PLEASE READ THIS PRIVACY POLICY (“PRIVACY POLICY”) CAREFULLY. THIS PRIVACY POLICY FORMS A LEGAL AGREEMENT BETWEEN OHMY TECHNOLOGIES PRIVATE LIMITED (“OMTPL”) AND YOU.

OHMY Technologies Private Limited (“OMTPL”, or “we”, or “us”, or “our” or “Company”)operates a peer-to-peer lending and borrowing online digital platform through this Website www.omlp2p.com (defined hereinafter). This Website shall be subject to this data privacy policy (“Privacy Policy”) read in conjunction with the Terms and Conditions (defined hereinafter).

1. PURPOSE

We are committed to protecting your Data (defined hereinafter) and keeping it confidential. We make commercially reasonable efforts to protect your Data from unauthorized access or disclosure. This Privacy Policy is applicable to all Users (defined hereinafter) of this Website and explains how we collect, use, disclose and protect your Data in relation to this Website and/or OMTPL and/or the Services (defined hereinafter).

2. ACCEPTANCE OF PRIVACY POLICY

2.1 You are welcome to login to and use this Website. Any access or use of this Website and/or the Services by you and/or your representatives shall be deemed to be an express and unconditional acceptance by you of this Privacy Policy, and this Privacy Policy read in conjunction with the Terms and Conditions shall be legally binding on you.

2.2 OMTPL has the right to Update (defined hereinafter) this Privacy Policy from time to time, without any prior notice. Any Update made to this Privacy Policy shall become effective immediately upon it being published on this Website. We recommend that you visit this Website from time-to-time to view this Privacy Policy and to become aware of any Updates.

3. DEFINITIONS

In this Privacy Policy, except as otherwise provided, capitalized terms shall have the meanings ascribed to them herein below:

3.1Account” shall mean the account opened by the User on this Website subsequent to the registration process on this Website and shall include both, Borrower account, Investor account(the word “Investor” has been used interchangeably with the word “Lender” and has the same meaning throughout in this document) and Partners accounts.

3.2Applicable Law” shall mean the laws of India.

3.3Content” includes, without limitation, any location information, recommendations, reviews, videos, audio clips, comments, data/information, text, photographs, software, scripts, graphics and interactive features visible/ generated/ provided or otherwise made accessible on any Internet Based Platform or this Website.

3.4Data” shall have the meaning ascribed to it at Clause 4.3 hereof.

3.5Internet Based Platform” shall mean any interactive internet based platform used for purposes such as social/professional interaction and/or for e-commerce and/or for business/trading purposes and/or education/learning and/or gaming, etc., by means of or through which any persons post/share/access/collect data or information through the use of any device or instruments such as computers, laptops, mobile phones, tablets, etc., and includes, without limitation, Facebook, Twitter, LinkedIn, Instagram, Snapchat, Pinterest, Amazon, Flipkart, EA Sports, Miniclip, etc

3.6Linked Destination” shall mean any third-party websites and Internet Based Platforms, the links to which appear on this Website.

3.7Loan” shall have the meaning ascribed thereto in the Terms and Conditions.

3.8OMTPL Parties” shall mean, in relation to OMPTL, its directors, employees, partners, agents, third-party associates, holding company (if any), subsidiary company (if any), assignors, successors, affiliates, licensors.

3.9Person” shall mean any of the following: an individual, a karta of a Hindu undivided family (HUF)acting on behalf of such HUF, sole proprietorship firm, partnership firm, limited liability partnership (LLP), company, as the case may be.

3.10Privacy Policy” shall mean this Privacy Policy, as may be Updated from time to time.

3.11Services” shall have the meaning ascribed thereto in the Terms and Conditions.

3.12Terms and Conditions” means the terms and conditions for the access/use of this Website and/or Services, as available on this Website.

3.13Update” shall mean and include any changes, modifications or amendments to this Privacy Policy or any parts hereof and shall also include, without limitation, the replacement of this Privacy Policy in its entirety and “Updated” used with reference to this Privacy Policy shall be construed in accordance with the foregoing.

3.14Website” or “our Website” or “the Website” or “this Website” shall mean www.omlp2p.com, which is owned by OHMY Technologies Private Limited.

3.15User” or “you” or “your” shall mean any Person who accesses, downloads, uses and/or views this Website and/ or the Services.

All capitalized terms not defined in this Privacy Policy shall have the meanings ascribed to them in the Terms and Conditions or any other agreement entered into between OMTPL and you. The interpretation clause set out in the Terms and Conditions shall apply to this Privacy Policy.

4. COLLECTION AND RETENTION OF DATA

4.1 You shall provide us with your true, accurate and complete Data. We collect your Data to assess your financial information, facilitate quality decision-making by the Investors, and to ensure the smooth functioning of this Website generally.

4.2 OMTPL is entitled to retain your Data in its sole discretion for such length of time that it may deem fit, based on its requirement to serve the purpose for which the Data has been furnished.

4.3 OMTPL collects and retains all data pertaining to you either as a User and/or Registered User and/or a Borrower and/or a Investor, as the case may be, being the following: (i) all data or information you enter on this Website or provide to us in any other manner, such as while communicating to us to seek some information or help, or subscribing to our bulletins or newsletter (if any), etc. (ii) data or information pertaining to you that we may collect from any other internet based websites and/or Internet Based Platforms you access/use or subscribe to or are registered on and/or your internet protocol (IP) address from which you access this Website, the browser type and operating system you use, your clickstream patterns, web beacons, the dates and times this Website is accessed, internet and domain host names, etc.(iii) all data and information pertaining to you, including without limitation, your name, postal address, email address, pan number, tan number, income tax returns, bank account number, Aadhar card details, passport details, telephone numbers, mobile phone numbers, photographs, bank statement, source of income and/or income details, credit card number and/or statements, loan and payment history, statement of investments, business related information, employment related information, amount of Loan required, purpose of Loan required, reasons for seeking Loan and all proofs or supporting papers pertaining to any of the foregoing, such as pan card, Aadhar card, passport, voter ID, driver’s licence, email verification, OTP, cell phone bill, etc, and all other such data or information and (iv) your computed data from all or any of the foregoing to administer this Website and improve its functions(hereinafter individually and collectively referred to as (“Data”).

5. HOW WE USE YOUR DATA

5.1 Your Data is collected and retained by us to customize your experience in using this Website, such as for the following purposes: to troubleshoot problems, to respond to your enquiries, requests and emails to provide clarity on the Services offered on this Website and fulfil requests for information regarding the Services offered by the various Service Providers registered with this Website to send you information related to the Services to send you marketing communications, surveys, advertisements, products and offers that may align with your interests to enable you to use this Website to address any problems, technical or otherwise and to aid you in the sale, purchase or exchange of currencies.

5.2 We also use your Data for internal purposes such as the following: to conduct internal reviews and data analysis for this Website improve the Services on this Website and tailor the Content and advertising to efficiently meet the needs of Users to safeguard the integrity of this Website to conduct internal reviews and data analysis of this Website.

5.3 Additionally, we are hereby authorised by you to also use your Data to access your credit score either directly and/or through any credit rating agency and/or any lending of financing institution.

6. SECURITY AND PROTECTION

6.1 OMTPL is committed to securing any Data you entrust to us and follows generally accepted industry standards in its endeavour to protect the same, during transmission, reception, etc. We use Secure Sockets Layer (SSL) technology to encrypt any Data you provide while using this Website or while availing any Service offered thereunder.

6.2 OMTPL uses the internet to collect and process your Data, in accordance with the provisions described in this Privacy Policy. Since the internet is a globally accessible platform, your Data undergoes transmission on an international level and cannot always be a 100% insulated from unauthorized use and access. By accepting this Privacy Policy, you consent to our use of the internet to collect, store and transmit your Data to and from our servers.

6.3 Further, any Data that you may share on or through this Website, such as images or other Content posted on our message boards or transmitted through this Website, may be accessed by other Users or any third parties with whom you may or may not be familiar. Therefore, due to the aforesaid reasons, we advise you to exercise strong caution in sharing your Data. While we use commercially reasonable efforts to protect your Data, we cannot be held responsible for the actions of other Users and/or any third parties including the third parties referred to at Clause 8 hereinbelow and/or for any dissemination of Data that may result from you exchanging it with any other Users and/or third parties.

6.4 In the event any or all of your Data is disclosed to any User and/or unauthorized third party by any reason whatsoever, including without limitation, by reason of an error in transmission, or an act or omission committed by any person or for any other reason, OMTPL cannot be held liable or responsible in any capacity/manner whatsoever.

7. PASSWORD PROTECTION

OMTPL treats your Data with utmost confidence. To help you ensure the security of your Data, we allow you to create a password upon creation of your Account to protect the same. You will be required to enter your password to access your Account and will have the option to sign out once you have finished. Your password restricts unauthorized access to your Data and helps guard your privacy once you have signed out. OMTPL takes stringent measures to protect your privacy. However, in the event that your password fails to protect your Data from hackers, unauthorized users or due to a system or software failure, OMTPL cannot be held liable or responsible in any capacity/manner whatsoever.

8. DISCLOSURE OF DATA

OMTPL reserves the right to disclose your Data for the purposes stated in this Privacy Policy and to the persons stated below. By accepting this Privacy Policy: (i) you consent to such disclosure and acknowledge that your Data can be used by any of the following persons and (ii) you acknowledge and agree that OMTPL shall not be liable or responsible in any capacity/manner whatsoever, in the event any of the persons below breaches its/their confidentiality obligations to OMTPL or violates any provisions of Applicable Law and discloses or shares your Data with any unauthorized third party.

(a) Disclosure to Investors, Agents and Trustees: We will disclose your Data to prospective or existing Investors and/or agents and/or trustees. Further, we may access your credit risk information, undertake your credit assessment and risk profiling and disclose the same to any Investors.Any such Data disclosure requires the Investors and/or agents and/or trustees to follow protection measures and not utilize the Data in any way other than as provided under this Privacy Policy and Terms and Conditions. Although the Investors, agents and trustees are subjected to a strict code of confidentiality, OMTPL cannot be held liable in the event any Investor, agent or trustee discloses your Data to any third party.

(b) Disclosure to Acquirers: OMTPL may transfer, sell or assign all or any part of your Data to any Person or company that may acquire OMTPL, in part or whole, as a result of a merger, acquisition, reorganisation, change in control, sale, consolidation, transfer of assets or liquidation.

(c) Disclosure Required under Applicable Law: We may disclose your Data as required by Applicable Law, including to comply with any legal process or to provide Data to aid any investigation including where matters of public safety are involved or to respond to any judicial or quasi-judicial process and provide Data to any statutory, legislative or governmental authorities. We fully cooperate with Applicable Law enforcement agencies in identifying those who use this Website or the Services for illegal activities and may, in our sole discretion, disclose your Data to satisfy any Applicable Law, regulations, or government requests. Additionally, we reserve the right to voluntarily release any Data about Users who we believe are engaged in illegal activities or are otherwise in violation of our Terms and Conditions, without any court order or summons, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate this Website or to protect our rights and/or property, or that of the OMTPL Parties.Disclosure to Service Providers: OMTPL is contractually engaged with third parties such as other companies, online service providers and online partners who perform functions such as production, analytics, reporting, processing payments, managing and improving this Website and/or its Content generally, evaluating the efficacy of the adverts posted on this Website, monitoring communication and Users on this Website and other such functions (“Service Provider(s)”), subject to strict confidentiality obligations. However, you acknowledge and agree that OMTPL shall not be liable in the event any Service Provider breaches its confidentiality obligations or violates any provisions of Applicable Law and discloses or shares your Data with any unauthorized third party.

(d) Disclosure to Unaffiliated Third Parties: OMTPL may disclose your Data to the following third parties, who may or may not be affiliated with OMTPL: third parties for advertising on and through this Website, for analysing the efficacy of the adverts posted on this Website and for collecting Data relating to your use of this Website and the Services available thereunder disclosing aggregated anonymized data sets inclusive of your Data to third parties to tailor offers to goods and services that relate to your interests and for direct marketing purposes and to advertisers, potential partners and investors for statistical surveys and business analysis.

(e) Miscellaneous: Finally, OMTPL may also disclose your Data to the following: credit bureaus for credit reporting, credit rating agencies, the Reserve Bank of India and other regulatory authorities that may require it in accordance with their guidelines or directions to sponsors of contests and promotions organised through this Website and to other similar third parties.

9. COOKIES

9.1 A cookie is a small text file that requires your consent before it gets stored on your computer’s hard drive or any other device such as an iPad or mobile phone. A cookie gets downloaded when you use the internet and does not get deleted when you close the browser window. Cookies are used for statistical analysis purposes, to track the websites you visit, how you interact with the services and tools available on that website, ensure your safety while you browse the internet, tailor advertising that suits your interests and to personalize your web browsing experience. Cookies do not contain any softwares or any Data that could be used to identify you.

9.2 OMTPL uses traffic log cookies to understand and monitor how our Users use this Website. We analyse the Data we collect through cookies to personalize your experiences in using this Website and to find efficient ways to tailor our Content to your needs. Once the cookies have served their purpose and helped us improve this Website in the ways mentioned above, we delete any Data we have collected. OMTPL cannot and does not use cookies to access your computer or any other devices you may use while accessing this Website.

9.3 You have the option to accept or decline cookies. Web browsers are generally tuned to accept cookies automatically, but you have the option to modify this setting to automatically decline cookies. However, your rejection to download cookies will hinder and obstruct the use of this Website, and you will be prevented from taking full advantage of the Services.

10. LINKED DESTINATIONS

10.1 This Website may contain links to third party websites and Internet Based Platforms (“Linked Destinations”) which have their own privacy policies that govern any Data you may provide while accessing them. When you follow any links appearing on this Website, you are leaving the protection offered under this Privacy Policy and should not assume that OMTPL is in control of any Content contained in any Linked Destination.

10.2 Your choice to follow any link appearing on this Website is at your own risk and OMTPL cannot be held responsible or liable for the protection of your privacy or for the privacy policies of any Linked Destinations. You are advised to exercise strong caution and read the provisions of the privacy policies contained in any Linked Destinations that you choose to visit and to which you submit your Data.

11. CHANGING OR UPDATING YOUR DATA

Should you wish to change, update, modify or correct your Data in any way, you may do so by logging on to this Website by using your username and password. You may also make changes to your Data or request a copy of the same by writing to us directly at customer.support@omlp2p.com. We endeavour to ensure protection of your Data at all times and may require you to furnish additional proof of identity such as an identity card in order to make any changes.

12. COMMUNICATION

Without prejudice to what is set out herein or the Terms and Conditions, if you have any queries or assistance in using or understanding this Website and/or the Services, you may contact us on:

Name : Ashwani Sharma

Email ID : ashwani.sharma@omlp2p.com

13. WITHDRAWAL OF CONSENT

You have the option to not provide us with your Data and may also, at any time, withdraw your consent from us retaining and/or using your Data. If you choose to withdraw your consent from the use and/or retention of your Data at any time, you will need to write to us or send us an email at customer.support@omlp2p.com. Please note that the aforesaid may obstruct your use of this Website and/or render you ineligible to avail the Services provided thereunder.

14. GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are as follows:s

Name : Ashwani Sharma

Email ID : ashwani.sharma@omlp2p.com

In the event you wish to make a complaint regarding any violation of the provisions of this Privacy Policy, you may send a written complaint to the Grievance Officer.

15. SEVERABILITY

Each provision of this Privacy Policy shall be separate, independent and severable from any other provision contained herein, except where expressly provided for or indicated by context. The invalidity, legality or unenforceability of any provision contained herein shall not affect the remaining provisions, which shall remain valid and enforceable to the fullest extent permitted by ApplicableLaw.

16. ASSIGNABILITY

This Privacy Policy and any rights granted hereunder, may not be granted, assigned or sublicensed by you to any third party, without OMTPL’s written consent. However, OMTPL may at our/its sole discretion assign this Privacy Policy and/or the rights granted hereunder and/or any of our/its responsibilities / obligations to any third party without notice to you.

17. WAIVER

No failure or delay by OMTPL or the OMTPL Parties relating to the exercise of any right, power, privilege or remedy provided under this Privacy Policy shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by you nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy provided in this Privacy Policy all of which are several and exclusive of each other or of any other rights or remedies otherwise available to OMTPL under Applicable Law or in equity.

18. INDEMNITY

In the event any dispute, claim or legal proceedings arise/s out of any matter pertaining to your access or use of this Website and/or this Privacy Policy and/or the Terms and Conditions, including without limitation, the provision of and/or disclosure of any Data by you, access/use/disclosure of your Data by any third party through this Website or otherwise, or through your use and access of this Website, you agree to indemnify OMTPL and/or OMTPL Parties from and against any and all claims, action, liability, cost, loss and damage arising from or pertaining to the same and OMTPL will not be held responsible or liable in any capacity/manner whatsoever.

19. USER SUBMISSION

19.1 By using this Website and / or the Services, you grant OMTPL a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, perform, display and otherwise fully use your Data in connection with this Website and/or the Services and/or our business and/or the business of any of the OMTPL Parties, including without limitation to promoting and redistributing part or all of this Website (and derivative works thereof) and/or the Services. You also hereby do and shall grant each User of this Website, including third party media, a non-exclusive license to access your Data through this Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, perform and display it in their use of this Website.

19.2 You hereby also, acknowledge and agree that you are in compliance with all Applicable Law in the course of the usage of this Website and/or in provision by you of any Data and/or Content and all such other matters pertaining to the usage of this Website.

20. SAFEGUARD MEASURES

20.1 In pursuance of our commitment to protect your privacy, we have certain measures in place to safeguard your Data. However, our safeguard measures do not protect Data you provide that is freely accessible in the public domain or is available under the Right to Information Act, 2005, or under any other Applicable Law.

20.2 The following Data qualifies for protection under our safeguard measures: the password you use to register and log on to this Website financial information and payment instrument details including your bank account details, credit cards and debit cards, sexual orientation, biometric information, medical history and records any mental, physical or physiological health conditions and any details and Data related to the aforesaid and received, stored or processed by us in connection thereof under any lawful contract or in any other way.

21. GOVERNING LAW

This Privacy Policy shall be governed by the laws of India and any disputes, controversies or claims arising out of this Privacy Policy or any provisions stated herein or between us and any User or Registered User or Borrower or Investor generally shall be subject to the exclusive jurisdiction of the courts of Mumbai.

22. MISCELLANEOUS

This Privacy Policy shall be read in conjunction with the Terms and Conditions and all provisions of the Terms and Conditions shall be deemed to have been incorporated herein by reference and this Privacy Policy, together with the Terms and Conditions shall be legally binding on you.

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