THIS WEBSITE https://fundingquest.arthayan.in IS OWNED AND OPERATED BY ARTHAYAN ADVISORY SERVICES PRIVATE LIMITED (WE, US, ARTHAYAN OR OUR, WHICH EXPRESSION WILL MEAN AND INCLUDE ITS AFFILIATES, SUCCESSORS AND ASSIGNS). WE ARE COMMITTED TO PROTECTING AND RESPECTING YOUR PRIVACY.
THIS POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS THE USER OF THE WEBSITE, AND ARTHAYAN, AS THE OWNER OF THE WEBSITE. THIS POLICY DOES NOT APPLY TO THIRD-PARTY WEBSITES THAT ARE CONNECTED VIA LINKS TO THE WEBSITE.
YOU ARE HEREBY ADVISED TO READ THIS POLICY CAREFULLY AND FULLY UNDERSTAND THE NATURE AND PURPOSE OF GATHERING AND/OR COLLECTING SENSITIVE, PERSONAL AND OTHER INFORMATION AND THE USAGE, DISCLOSURE AND SHARING OF SUCH INFORMATION.
This Policy has been prepared under the provisions of (Indian) Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 promulgated thereunder, and sets out the practices and policies for the protection of personal information (including sensitive personal data or information) collected, received, possessed, stored, dealt with or handled by Us.
BY VOLUNTARILY PROVIDING US WITH INFORMATION, YOU ARE CONSENTING TO OUR USE OF IT IN ACCORDANCE WITH THIS POLICY.
1.3 During the course of your association with Us, you may be required to execute certain other commercial agreements ('Commercial Agreements') and such Commercial Agreements will govern your business relationship with Us.
1.4 However, in the event of a conflict between the terms contained in the website documents and the terms contained in the Commercial Agreements, as applicable to you, the terms of the Commercial Agreements will prevail.
2. Collection of Information
2.1 We will use the information provided by you only in accordance with the purposes described in the Policy.
2.2 During your use of Our website, We may collect and process such information from you, including but not limited to the below mentioned:
(a) information that you provide to Us by filling in forms on the website. This includes contact information such as name, email address, mailing address, phone number, financial information, if any, unique identifiers such as user name, account number, password and preferences information such as favourites lists, transaction history;
(b) information relating to your business that may be used by Us on the website or otherwise as agreed to. This information will generally not be used with an identification of individual users or individual businesses. Transparency of a user and business information related to an identifiable business is restricted to recipient users who have been specifically authorized to view such information by the originating and authorizing user;
(c) information that you provide when you write directly to Us (including by email);
(d) information that you provide to Us over telephone. We may make and keep a record of the information you share with us;
(e) information relating to logs is automatically reported by your browser each time you access a web page. When you use the website, Our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (IP) address, browser type, referring/ exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information. We use this information, which does not identify users, to analyse trends, to administer the site, to track users movements around the site and to gather demographic information about the user base as a whole. We do not link this automatically-collected data to personally identifiable information;
(f) when you use the website, We may employ clear web beacons which are used to track your online usage patterns anonymously. No personally identifiable information from You is collected using these web beacons. In addition, We may also use clear web beacons in HTML-based emails sent to you to track which emails are opened/ viewed. Such collected information is used to enable more accurate reporting and make the website better for Our users.
3.1 Cookies are small files that reside on your computer's hard drive and generally contain an anonymous unique identifier and are accessible only by the website that placed them there and not any other sites.
3.2 We may collect information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies help Us improve Our website and deliver a better and personalized service. Cookies enable Us:
(a) to estimate Our users size and usage pattern;
(b) to store information about your preferences, and allow Us to customize Our website according to your interests;
(c) to speed up your searches;
(d) to recognize you when you return to Our website.
3.5 We may use the services of certain third parties, for the purpose of operating and administering the website. Such third party service providers may collect the information sent by your browser as part of a web page request, including Cookies and your IP address and such information will be governed by the privacy policies of the third party service providers.
4. Use of the Information
4.1 We may use the information provided by you in the following ways, viz: (a) monitor, improve and administer Our website;
(b) conduct research and analysis;
(c) analyse how the website is used, diagnose service or technical problems, maintain security; (d) remember information to help you efficiently access the website;
(e) monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
(f) to confirm your identity in order to ensure that you are eligible to Use the website;
(g) to ensure that content from Our website is presented in the most effective manner based upon your interests;
(h) to contact you to ensure user satisfaction with respect to your use of the website;
(i) to provide you with information that you request from Us, where you have consented to be contacted for such purposes;
(j) to carry out Our obligations arising from any contracts entered into between you and Us; (k) to notify you about changes on Our website;
(l) to enable Us to comply with Our legal and regulatory obligations;
(m) we may also use your information, and/ or permit selected third parties including service providers, on the website, with Your prior consent, to use your information or provide you with such information which may be of interest to you and We and/ or they may contact you about the same. If You wish to be so contacted by the third parties, any information you provide to such third parties may be read, collected, and used by them. Notwithstanding the above mentioned, you may choose to stop receiving such information from the third parties by writing to Us at https://fundingquest.arthayan.in/contact.
5. Disclosure of Information
5.1 We will share your information with third parties only such manner as described below:
(a) We may share your information with third parties with your prior consent and in such an event, the third parties' use of your information will be bound by the Policy. We may store information in locations outside Our direct control (for instance, on servers or databases co-located with hosting providers);
(b) in the event that We sell or buy any business or assets, we may disclose your information, with your prior consent, to the prospective seller or buyer of such business or assets. User, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution;
(c) we may disclose your information to third-party service-providers, with your prior consent, solely in the course of their provision of services to Us. We will take reasonable precautions to ensure that these service-providers are obligated to maintain the confidentiality of your information;
(e) we may disclose your information to governmental and other statutory bodies who have appropriate authorisation to access the same for any specific legal purposes.
6. Your Choices about Your Information
6.1 You may decline to submit identifiable information through the website, in which case you may not be allowed to access certain features / parts of the website. If you are a registered user, you may update or correct your account information and email preferences at any time by logging in to your account. Alternatively, if you believe that any of your information held by Us is inaccurate, You may write to Us at https://fundingquest.arthayan.in/contact. It is Your responsibility to ensure that any information you provide Us remains accurate and updated.
6.2 We will retain and use your information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.
7. Links to Third Party Sites
7.1 Our website may, from time to time, contain links to and from the websites of Our partner networks, affiliates and other third parties. The inclusion of a link does not imply any endorsement by Us of the third party website, the website's provider, or the information on the third party website. If you follow a link to any of these websites, please note that these websites may be governed by their own privacy policies and We disclaim all responsibility or liability with respect to these policies or the websites. Please check these policies and the terms of the websites before you submit any information to these websites.
8. Storage and Security
8.1 As a registered user with an account and a password, you are responsible for keeping your password confidential.
8.2 All information You provide to Us is stored on Our secure servers whether outside or within India.
8.3 We use commercially reasonable safeguards to preserve the integrity and security of your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment.
8.4 We will take such steps as we consider reasonably necessary to ensure that your information is treated securely and in accordance with the Policy.
8.5 In using the website, you accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, your use of the website will be at Your own risk.
8.6 We assume no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and you agree that you will not hold Us responsible for any breach of security unless such breach has been caused as a direct result of Our gross negligence or willful default.
8.7 In the event We become aware of any breach of the security of your information, We will promptly notify you and take appropriate action to the best of Our ability to remedy such a breach.
9.1 As a registered user with an account and a password, you are responsible for keeping your password confidential.
9.2 We will keep confidential and protect any and all information provided by you except where disclosure is required or permitted by law.
9.3 You may obtain certain confidential information, including without limitation, information related to other users or third parties including investors and companies and technical, contractual, pricing, business related functions, activities and services, customer lists, business strategies, marketing strategies, methods of operation, markets and other valuable information in relation to such users or third parties that should reasonably be understood as confidential (Confidential Information). You acknowledge and agree to hold all Confidential Information in strict confidence. Title and all interests to all Confidential Information will be vested in Us.
9.4 We provide access of personal information to agents, advisors and consultants who We believe reasonably need to come into contact with that information to provide services to you or in order to do their jobs.
9.6 You acknowledge and agree that any user Information you provide directly or indirectly to another user of the website, whether or not through the website, may not be subject to the same security or confidentiality offered by Us and that We will not have any responsibility in respect of such information under this Policy even if it was provided through the website.
10.1 You agree to indemnify and hold Us harmless from:
(a) any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of any violation of the terms of this Policy;
(b) any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on your part;
(c) for fraud committed by you.
11.1 The invalidity or unenforceability of any part of this Policy will not prejudice or affect the validity or enforceability of the remainder of this Policy.
12.1 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.
13. Governing Law and Dispute Resolution
13.1 This Policy will be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at New Delhi, India will have exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with this Policy subject to the provisions of this Clause.
13.2 Any action, dispute or difference arising under or relating to this Policy (Dispute) will at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations will begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, such Dispute will be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation
Act, 1996, as amended from time to time and rules prescribed thereunder. When any Dispute is under arbitration, except for the matters under dispute, Arthayan and you will continue to exercise the remaining respective rights and fulfil the remaining respective obligations.
13.3 The arbitration will be conducted by a sole arbitrator jointly appointed by Us and you. If parties fail to appoint an arbitrator within 30 days after service of the notice of arbitration, such arbitrator will be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration will be New Delhi, India.
13.4 The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration will be English.
13.5 You agree and acknowledge that the provisions of Clause 9(Confidentiality) are of importance to Us and monetary compensation may not constitute adequate relief and remedy to Us for non-performance by you of your obligations thereunder. Accordingly, We will be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring you to perform your duties and obligations under such provisions.
14. Changes to the Policy
14.1 We may update this Policy to reflect changes to Our practices. If We make any material changes We will notify you by email (sent to the email address specified in your account) or by means of a notice on this Platform upon the change becoming effective. We encourage you to periodically review this page for the latest information on Our privacy practices. By using this Platform and Our services, you consent to the terms of this Policy and to our use and management of User Information for the purposes and in the manner herein provided.
15.1 Please address any questions you may have about the collection, processing, usage, disclosure of your information in writing to Us at https://fundingquest.arthayan.in/contact. You can always withdraw your consent for usage, processing of your information by Us by writing to Us at the address mentioned above.