PRIVACY POLICY

Effective from January 17, 2025

We at Lendingkart Technologies Private Limited (hereinafter referred as “the Company” or “LENDINGKART” or “we” or “our” or “us”), (Corporate Identity No.: U72900GJ2014PTC081539), a company registered and validly existing under the provisions of Companies Act, 2013, having its registered office at 401, 4th Floor, Iconic Shyamal, Near Shyamal Cross Road, Satellite, Ahmedabad, Gujarat – 380015, India, understand privacy and its value.

This Privacy Policy (the “Policy”) is prepared and published by virtue of the legal requirement that require intermediaries to publish the rules and regulations, Privacy Policy and terms for access or usage of their website/mobile app and in compliance with the below:
  1. Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2022 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
  2. Guidelines on Digital Lending dated September 02, 2022, and Master Direction on Outsourcing of Information Technology Services dated April 10, 2023 (“the Guidelines”) issued by the Reserve Bank of India (‘RBI’).
  3. Other applicable acts, regulations and rules which require the publishing of a Privacy Policy for handling of or dealing in personal information including sensitive personal data or information and all applicable laws, regulations, guidelines provided by applicable regulatory authorities including but not limited to the RBI.
The purpose of this Privacy Policy is to give you, the user (“you” or “your” or “user”) information on how LENDINGKART collects, stores, uses, discloses, transfers and processes your personal information (defined below) when you use:
  1. The websites (i) www.lendingkart.com; (ii) www.upwards.in; and (owned by LENDINGKART); (collectively the “Website”).
  2. Mobile application (i) “Lendingkart Business Loan App”; and (ii) “Upwards Quick Instant Loan At Low EMI”; owned by LENDINGKART (collectively the “Mobile Application”);
Website and Mobile Application collectively hereinafter referred to as (the “Platform”).
This Privacy Policy is incorporated into and at all times is subject to and is read in conjunction with the “Terms of the Use” and other information on the Platform. Please take note that any statements made on the Platform shall not be construed as an offer or promises for grant of any services.
IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR ANY PART THEREOF, PLEASE DO NOT USE/ ACCESS/ DOWNLOAD/ INSTALL THE PLATFORM OR ANY PART THEREOF.

Commitment

    LENDINGKART intends to protect the privacy of the Platform users and members and the privacy of the data provided by them to LENDINGKART from time to time.
    The privacy of the Platform users, whether you are our former or existing registered user or a visitor to the Platform, is important to us and we are strongly committed to your right to privacy and to keeping your personal and other information secure. We encourage you to read our Privacy Policy to understand what types of personally identifiable information we collect and how we use this information

COLLECTION OF INFORMATION

    The collection of information under this Privacy Policy are conducted for the following categories of services:
Information for Digital Lending Services:
  1. Information collected by/through the Platform by Lendingkart Finance Limited (a non-banking financial company), (subsidiary company of LENDINGKART) (“LFL”) for disbursement of loans; and
  2. Information collected by the Platform provided to the:
    1. lending partners (the “Lending Partners”), and
    2. the business partners for loan disbursement (the “Business Partners”)
    LFL, Lending Partners and Business Partners collectively hereinafter referred to as (the “Partners”).
    Information for Non-Lending Services: Information collected by the Platform while registering a user on the Platform or while providing Value Added Services (i.e. all services other than facilitation of loans).
What type of information does the Platform collect from you?
PERSONAL INFORMATION
    For the purpose of providing lending and non-lending services as discussed above, we require you to enroll yourself on the Platform and get yourself registered.
  1. If you choose to become a registered member of the Platform, you are required to share your name, e-mail address, gender, date of birth, postal address, phone number, a unique login name, password, password validation, PAN, income tax details, marital status, family details, business information and other details shared via Platform application form or via email or via any other medium prescribed by the Partners ( Personally Identifiable Information ).
  2. LENDINGKART may also collect other information specific to provide you service by the Partners each time such as name, bank statements, Aadhar details and validation, selfies, Know Your Customer (“KYC”) documents, personal details, business details, income tax details, marital status, family details and other information via application form or via email or via any other electronic medium or via printed form (Service Information). All Personally Identifiable Information and Service Information shall be collectively known as “Information”.
  3. Additionally, LENDINGKART collects your other details including but not limited to your feedback, suggestions, views, opinions, etc. shared on the Platform (User Information) that may be shared/volunteered by you on our discussion forums or other pages of the Website. Such information being in the public domain is available for access to all the Website’s users and visitors. You are advised to exercise discretion before you make such details public, as such information is vulnerable to misuse and can be easily misused. LENDINGKART in this regard fully disclaims any liability (ies) or claim(s), which may arise by use/misuse of user Information shared by you, by any third party or any party not known to LENDINGKART.
  4. Information exchanged by you with LENDINGKART in the form of written communication, responses to emails, feedback required from you, participation in discussions, etc. is handled with confidentiality.
In case your Personal Information is obtained by LFL through the use of Platform, and/or shared with our Lending Partners and Business Partners, the Information is shared securely and ensured that all personal information recipients comply with confidentiality, fidelity and secrecy obligations and sign covenants in this regard.

Information LENDINGKART collects about you from third parties

    For making the services/ products available to you, the Partners may collect credit information, from certain third parties such as credit bureaus or credit rating companies, account aggregators, financial institutions as your ‘authorized representative’ from time to time in accordance with applicable laws during the loan journey
    If required, this information may be collected on a need-to-know basis strictly for the purpose of providing you with the products/ services of the Partners. The information collected from such third parties is not retained by us. We may collect this information as part of our partnership with the Lending Partners and Business Partners and is directly transferred to the Lending Partners and Business Partners upon collection. Requisite consent / authorization shall be taken from you for enabling the same as required under the applicable regulations.

INFORMATION COLLECTED THROUGH MOBILE APPLICATIONS

    Our Partners’ products/ services are also provided through the Mobile Application. LENDINGKART may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications. You hereby provide your consent for LENDINGKART to access your mobile phone/ device for a ‘one time’ access of camera, microphone, location or any other facility necessary for the purpose of on-boarding/ KYC and such other requirements While we understand the above requirement of ‘one time’ access, we do not have direct control on your selection while using the Mobile Application, which shall purely be determined by you opting ‘one time’ or ‘continuous access and usage’ while accessing through the Mobile Application. Henceforth, LENDINGKART strongly recommends you to limit the access permission of your mobile phone/ device to ‘one time’ access of camera, microphone, location or any other facility necessary for on-boarding / KYC and such other requirements. Unless predefined by your use of the software application settings, we do not access file and media, contact list, call logs, telephony functions of your mobile phone/ device.
    We also require camera and microphone permissions to enable a two-way communication between the Partner’s authorised agents and you for the purpose of performing and completing the Video KYC. Your audio/ video shall be recorded for regulatory purposes. We shall transfer such information to our Partners and shall not store any such data.
    When you use the Mobile Application, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), in addition to the Device Information, including without limitation:
    1. Your preferred language and country site.
    2. The manufacturer and model of your mobile device.
    3. Your mobile operating system.
    4. The type of mobile internet browsers you are using.
    5. Information about how you interact with the Mobile Application and the Website to which the Mobile Application links.

Information you give us about you

In due course of using the products/ services of our Partners, you are required to submit data. We use this data to create your profile and provide you with the best available product/ services. We shall collect the following information from you:
  1. Data provided by you by filling in forms on the Platform.
  2. Data provided by you while corresponding with us and the Partners (for example, by email, chat, phone, WhatsApp etc.).
  3. Data and information you provide when you register to use the Website, download or register on the Mobile Application, subscribe to any of the product/ services offered by the Partners (such as applying for loan), search for a product/ service, when you report a grievance with us through email, or on the Website, and when you report a problem with the Platform, Partners’ product/ services.
  4. Data including but not limited to your name, address, gender, date of birth, email address, phone number, username, password, and other registration information.
  5. Data and information of identification documents and photograph, image, video.
  6. PAN Card, Aadhaar Card, financial information such as employer name, monthly salary, bank account no., bank statements, credit information, GST information, copies of identification documents for the onboarding of your application to avail Partners’ product/ services.
  7. Details of two (02) References for the purpose of reference check and such other purposes as specified in the loan documents.
  8. The data generated by your use of the Platform.
    9. This data helps to create your profiles, complete mandatory Know Your
    Customer (‘KYC’) by our Partners to offer you their product/ services and provide you with appropriate support in case of grievances and issues. Please note that we do not store any data provided by you except as permitted under the applicable law.
    Wherever possible, we indicate the mandatory and optional fields. You always have the option to not provide any information by choosing not to use a particular product/ service or feature on the Platform. We, under no circumstances and at no point, take any biometric data from you for any of our services or operations.

Storage of Personal Information

    For the provision of lending the product/ services, we shall only store basic personal information such as your name, your address, your contact information which are required to be stored for carrying out our non-lending services. We ensure that every data or information that we collect from you is stored in servers located within the territories of India while ensuring compliance with statutory obligations/ regulatory instructions. For other personal information collected as part of our outsourcing services being provided to our Partners, we shall collect such information upon the instructions of the Partners and thereafter transfer the same to the Partners upon the completion of the preliminary onboarding.

Non-Personal Information

    LENDINGKART also collects certain other information from you on your visit to the Platform such as information about your operating system, browser type, the Uniform Resource Locator (‘URL’) of the previous website you visited, list of third-party applications being used by you, your internet service provider and your IP Address (Non-personal Information). This information cannot be easily used to personally identify you. We use Non-personal Information for the purposes including but not limited to troubleshoot connection problems, administer the Platform, analyse trends in the market, gather demographic information, to ascertain how our visitors use the Platform, including information relating to the frequency of visits to the Platform, average length of visits, pages viewed during a visit, ensuring compliance with the applicable laws, co-operating with law enforcement agencies, etc. This information is used to improve the Platform content and performance. You also agree that LENDINGKART may gather usage statistics and usage data from your use of the Platform to evaluate your use of the products/services offered by the Partners’ and to improve their products/services, and to ensure that you are complying with the terms of their applicable agreements.
    The statistics and data collected may or may not be aggregated. These statistics contain no information that can distinctly identify you. We may in future also share this information with third party service providers or third-party advertisers to measure the overall effectiveness of our online advertising, content, programming and for other bonafide purposes, as we may desire. By usage of the Platform, you expressly permit LENDINGKART to access such information for one or more purposes deemed fit by LENDINGKART.

Session Information

    Similar to other commercial websites, the Platform utilizes standard technology called “Session Information” and Web Server logs to collect information about how the Platform is used. Session Information are small pieces of information that are stored by your browser on your device’s hard drive. Session Information is only read by the server that places them and is unable to inter alia run programs on your device, plant viruses or harvest your personal information. Session Information allows web servers to recognize your device each time you return to the Platform including the date and time of visits, the pages viewed, time spent at the Platform and the websites visited just before and just after the Platform, verify your registration as you navigate the site and suggest products or services that may interest you. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
    Most web browsers automatically accept Session Information. By changing the options on your web browser or using certain software programs, you can control how and whether Session Information will be accepted by your browser. LENDINGKART understands and supports your right to block any unwanted internet activity, especially that of unscrupulous websites. However, blocking LENDINGKART Session Information may disable certain features on the Platform and may make it impossible for you to use certain services available on the Platform.

Session Data

    We automatically log generic information about your device’s connection to the internet, which we call “session data”, that is anonymous and not linked to any personal information. Session data consists of information such as the Internet Protocol (‘IP’) address, operating system, type of browser software being used by you and the activities conducted by you on the Platform. An IP address is a number that lets the device attached to the internet, such as our web servers, know where to send data back to the user, such as the pages of the site the user wishes to view. We collect session data because it helps us analyse things such as the items visitors are likely to click on most, the manner in which visitors click preferences on the Platform, number of visitors surfing to various pages on the Platform, time spent by the visitors on the Platform and frequency of their visit. It also helps us diagnose problems with our servers and lets us better administer our systems. Although such information does not identify any visitor personally, it is possible to determine from an IP address a visitor’s Internet Service Provider (ISP), and the approximate geographic location of his or her point of connectivity.

Sharing of Information

    LENDINGKART may share your Information, with Partners, in accordance with applicable laws, for the purposes of (i) providing the product/services by the Partners; (ii) marketing new products and services of the Partners; or (iv) to intimate you for any new products, services, offers and/or promotions being offered by the Partners. It is hereby expressly declared that Partners shall be responsible for the use of your Information by them.
    We and our affiliates may share your information with other business entities should we (or our assets) merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business for continuity of business. Should such transaction occur than any business entity receiving any such information from us shall be bound by this Policy with respect to your information
    LENDINGKART may also share your personal information with the government authorities, regulators, quasi-government authorities, judicial authorities, and quasi-judicial authorities if we are acting under any duty, request or order as part of our legal obligations and in accordance with the applicable laws. By accepting this Privacy Policy, you hereby provide your consent to disclose your personal information for such regulatory disclosure.

Third Party Products and Services

    There are services and/or products offered by third parties on the Website. If you choose to apply for these third-party products and/or services, then their use of your Information shall be governed by their respective privacy policies and LENDINGKART shall not be responsible for their use of your Information and their privacy policies.
    LENDINGKART shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external website or resource.

Other

    We may from time to time add or enhance products/services available on the Platform. To the extent these products/services are provided to and used by you, we will use the Information you provide in this regard to facilitate the products/service requested. For example, if you email us with a question, we will use your email address, name, nature of the question, etc. to either respond to your question or forward your query to the Partners to respond. We may also store and publish such information to assist us in making the Website better and easier to use.
    LENDINGKART’S use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Promotional Initiatives

    LENDINGKART may have a presence on social networking websites including but not limited to LinkedIn, Facebook, Twitter, YouTube, Instagram, WhatsApp and blogs which are promotional and business initiatives to connect to a larger group of people. The domain links contained therein may either direct you to the Platform or request your participation by way of feedback and suggestions. LENDINGKART in this regard fully disclaims any liability (ies) or claim(s), which may arise by use/misuse of your feedback, suggestions, views, etc. on any aforementioned networking websites or blogs, by any third party whether or not known to LENDINGKART.

Links to Other Sites

    LENDINGKART’s Platform may contain hyperlinks to other websites. If you click on a third-party link, you will be directed to that website. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Does LENDINGKART protect my Personal Information?

    LENDINGKART is committed to protecting the privacy and the confidentiality of your Personal Information. Whenever LENDINGKART obtains Information from you, the Website uses commercially reasonable efforts and general industry standards to protect it from any unauthorized access or disclosure. LENDINGKART ensures that your Information is stored in a safe and secure manner, as per applicable laws. LENDINGKART uses its best endeavours to maintain physical, electronic, and procedural safeguards that aim to protect your Information against loss, misuse, damage, modification, and unauthorized access or disclosure. Any disclosure of Information to any Partners and/ or service partners for providing any services to you by such Partners and/ or service partners, shall be in accordance with applicable laws and the terms of this Privacy Policy. It is hereby expressly declared that Partners and/or service partners shall be responsible for the use of your Information by them.

How does LENDINGKART use the information that it collects?

    Information shared by you is used by us and the Partners to support your interaction with us and the Partners, to offer you services in the best possible manner and to contact you again about other services and products that the Partners offer. By submitting your Information to LENDINGKART, you expressly acknowledge and consent to LENDINGKART to use such Information and to process the same in a manner deemed fit by LENDINGKART as provided in this Privacy Policy, in compliance with applicable laws.
    We onboard our service providers after completing their infosec assessment wherever applicable as per our internal policy.

What security precautions are in place to protect against the loss, misuse, or alteration of your information?

      LENDINGKART makes every reasonable effort to preserve the privacy and confidentiality of your Information shared with us. We store all limited user personal data in servers based within the territories of India while ensuring compliance with statutory obligations/regulatory instructions. We implement standard measures to protect against unauthorized access to and unlawful interception of Personal Information. However, no internet website can fully eliminate security risks. LENDINGKART implements cyber security policy for handling all security breaches in compliance with applicable laws and regulations.
      LENDINGKART follows defined standards for handling any security breach which includes identification, categorization, prioritization, response, recovery, escalation, communication and review. We have a documented approach to report any applicable breach within the timelines as laid out by applicable laws and regulations.
      In addition, we have been certified for:
      ISO 27001:2013 (formally known as ISO/IEC 27001:2005) which is a specification for an Information Security Management System (ISMS) and is the suggested level of certification required under the Information Technology Act, 2000. An ISMS is a framework of policies and procedures that includes all legal, physical, and technical controls involved in an organization’s Information Risk Management processes.
      We reserve the right to disclose Information shared by you as required or permitted under applicable laws and we have a good-faith belief that (i) such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on us or (ii) to conform to the legal requirements, compliance/reporting to administrative and judicial authorities, as may be required (iii) protect and defend the rights or property of the website owners of LENDINGKART, or the users of LENDINGKART.
      Data protection laws vary among countries, with some providing more protection than others. We also comply with certain legal frameworks relating to the transfer of data as mentioned and required under the Information Technology Act, 2000, rules and the amendments made thereunder.
    When we receive a written complaint, we respond by contacting the person who has made the complaint or as the situation warrants.

What is LENDINGKART policy on retention and destruction of information that it collects?

    LENDINGKART has defined a record retention period for your Information as per applicable laws. All physical data will be disposed-off by shredding or otherwise making unreadable confidential records in accordance with applicable laws. All electronic data will be disposed-off in a responsible manner and in compliance with applicable laws.
    We may also retain and use your basic personal information inter alia as name, contact number, transactional details, and address details as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements which shall always be in accordance with applicable laws. Subject to this section, we may delete your data upon reasonable written request for the same at any stage. However, you may not be able to use the services after deletion. The data storage is governed by our IT Policy and Data Backup and Restoration Policy.

Will LENDINGKART change privacy policy in the future?

    This Privacy Policy provides a general statement of the ways in which LENDINGKART aims to protect your information. You may, however, in connection with specific products or services offered by the Partners, be provided with privacy policies or statements that substitute for or supplement this Privacy Policy. The terms and conditions of this Privacy Policy may be updated, if required under applicable laws, and shall be made available on the Platform. The revised Privacy Policy will be effective immediately upon posting to the Platform unless otherwise mentioned. This version of the Privacy Policy is effective from January 17, 2025. The revised Privacy Policy shall bind you and it is your sole responsibility to check the same from time to time. Continued access or use of the services by you constitutes your acceptance of the updated and the amended Privacy Policy. You acknowledge that no knowledge of the revised Privacy Policy shall not be a defense in any proceedings with regard to the Privacy Policy.

Your Consent

      By accessing the Platform and using it on a continued basis, you expressly consent and confirm to LENDINGKART collecting, maintaining, using, processing, and disclosing your Personal Information and other information in accordance with this Privacy Policy in relation to the services being rendered on the Platform. YOU ACKNOWLEDGE THAT WE SHALL COLLECT THE INFORMATION DETAILED UNDER THIS PRIVACY POLICY TO FACILITATE THE SERVICES AS PROVIDED BY THE PARTNERS.
      In order to avail the services by the Partners it is important that YOU READ, UNDERSTAND, ACKNOWLEDGE AND UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY.
      You may reach out to LENDINGKART on care-LTPL@lendingkart.com if you wish to revoke the consent provided here including deletion of your Personal Information and LENDINGKART shall ensure the same. However, once you are onboarded, Information which needs to be stored and/or shared with the Partners and service partners as per regulatory and statutory requirements will be retained by LENDINGKART and the Partners and service partners. Any other data which is not mandatory to be stored and / or transferred will be deleted on your request.
I have a complaint/concern
    In accordance with the relevant provisions of the Information Technology Act, 2000 and the Rules made thereunder and RBI Guidelines on Digital Lending dated September 02, 2022, the name and contact details of the Nodal Grievance Redressal Officer is specified hereunder, who can be contacted in respect of any digital lending related complaints or any concerns with respect to the product/ services offered by our Partners, or in case of any questions or queries with respect to this Privacy Policy or the “Terms of Use” of the Platform:
Nodal Grievance Redressal Officer:
Ms. Kumudini Aggarwal
Email ID: care-LTPL@lendingkart.com