Asera Technologies Private Limited, a private limited company incorporated under the Indian laws and which operates under the brand name of “extraa” (hereinafter “Asera”/ “We”/ “Us”/ “Our”) that interalia facilitates businesses (“Retailers”) in the collection of feedback/comments from such Retailer’s customers (“Customers”) using the quick response code (“QR Code”) developed by Asera in a manner wherein Asera shall install the relevant placards/standees/stickers (installed at the relevant Retailer’s outlet) displaying the QR Code for the Customers to scan and provide the feedback on the Retailer and Asera shall thereafter pass-on the feedback/comments to the relevant Retailer and facilitates the sale of various coupons, gift cards, deals and tickets to various events of the relevant Retailers to its Customers herein (“Services”). Such Services shall be linked to and rendered vide Asera’s website at [●] (“Website”) or through web-based applications (“Application”) that are made available to the Retailers and the Customers, as the case may be (“User/You”) from time to time. The Website and Application shall be collectively referred to as “Platform”.

This privacy policy (“Privacy Policy“) explains how we collect, use, share, disclose and protect the Personal Information (as defined below) that is collected by us in the course of Services rendered and the Users of the Platform.

BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, IT SHALL BE DEEMED THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.

THIS PRIVACY POLICY IS INTENDED TO COMPLY WITH THE INFORMATION TECHNOLOGY ACT, 2000 AND THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011, AND OTHER APPLICABLE LAWS WITH RESPECT TO OUR PLATFORM RESULTING IN COLLECTION AND/OR PROCESSING OF PERSONAL INFORMATION (AS DEFINED HEREINAFTER) OF USERS, AND TO PROVIDE APPROPRIATE PROTECTION AND CARE WITH RESPECT TO THE TREATMENT OF SUCH INFORMATION IN ACCORDANCE WITH INDIAN APPLICABLE LAWS.

YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR ACCESS OUR PLATFORM. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

COLLECTION OF PERSONAL INFORMATION

1. When you access and use our Platform, we collect, store and retain certain information provided by you, including but not limited to the following:

• Your personal details such as Name, Date of Birth/Age and Gender,
• Contact Details such as Residential Address, contact number, email address,
• Phone numbers of your Contacts from your address book, depending on the permissions and settings you choose.
• Login ID and password, payment information,
• Your usage details such as time, frequency, duration and pattern of use, features used and any other information that is willingly shared by You or is essential for rendering our Services.

1. In addition to the above, the following information is defined as “Personal Information” is defined under Information Technology (Reasonable Security Practices & Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”) to mean 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.

The SPDI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to the following: (i) passwords; (ii) any financial information; (iii) physical, physiological and mental health condition; (iv) biometric information; (v) information received by body corporate under lawful contract or otherwise; (vi) visitor details as provided at the time of registration or thereafter; and (vii) any data records.

(Points (A) and (B) shall collectively referred to as “Personal Information“).

1. To improve the responsiveness of the Platform, as you navigate, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, about the apps, browsers and/or devices you use to access the Platform, such as unique identifiers, cookies, internet tags, and navigational data collection, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number and application version number. Information about interaction of your apps, browsers, and devices with the Platform are also collected, including  Internet Protocol addresses, crash reports, system activity, and the date and time, and referred URL of your request. Depending on the settings you choose, we may use different types of location information to help make our services more useful. These include, GPS and other sensor data from your device, information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices. The types of location data we collect and how long we store it depend in part on your device and account settings. Unique identifier is a string of characters that can be used to uniquely identify a browser, app or device. Navigational data is used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. A cookie is a string of information that a website stores on a visitor’s device, and that the visitor’s browser provides to the website each time the visitor returns. Asera uses cookies to identify and track visitors, their usage of the website, and their website access preferences. Users who do not wish to have cookies placed on their devices should set their browsers to refuse cookies before using its website, with the drawback that certain features of Asera’s websites may not function properly without the aid of cookies.

1. We use your information (i) to deliver our services, like processing the feedbacks/comments and aiding you in availing the discounts through the coupons, gifts sold by us, (ii) to ensure our services are working as intended, such as tracking outages or troubleshooting issues that you report to us, (iii) to make improvements to our services, (iv) we also use the information we collect in existing services to help us develop new ones, (v) to customize our services for you, including providing recommendations, (vi)  we use data for analytics and measurement to understand how our services are used. For example, we analyze data about your visits to our sites to do things like optimize product design, (vii) we also use information we collect, like your phone number and your email address, to interact with you directly. For example, we may send you a notification if we detect suspicious activity. Or we may let you know about upcoming changes or improvements to our services. And if you contact us, we will keep a record of your request in order to help solve any issues you might be facing, (viii) to help improve the safety and reliability of our services. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm the Platform, our users, or the public.

1. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or if Asera has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Asera shall disregard such information and delete all information and feedback response received from you, and shall cancel/revoke any and all coupons or benefits issued to you at its sole discretion, and may bar/restrict you from using or accessing its Services in the future. Asera shall retain the right not to correct, delete or update your Personal Information, including (a) where the Personal Information is opinion data that is kept solely for evaluative purpose; and (b) the Personal Information is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.

CONSENT TO USE PERSONAL INFORMATION

By providing your Personal Information and / or accessing the site, you are consenting to collection, storage, use and disclosure of your Personal Information by Asera for the purposes and to the persons (as applicable) outlined in this Privacy Policy (as amended from time to time). Collection of information which has been designated as ‘sensitive personal data or information’ under the SPDI Rules requires your express consent and by affirming your assent to this Privacy Policy, you provide your consent to such collection as required under applicable law.

As outlined in this Privacy Policy, we will not process your Personal Information without a lawful basis to do so. In general, We may process your Personal Information on the legal basis of: (i) consent (ii) contract (if you have either availed Services and/or entered into an agreement with Asera and such processing is a necessary part thereof); (iii) compliance with Applicable Laws(as set forth below); (iv) to protect the vital interests of any individual.

IF YOU ARE AN USER FROM EU OR EEA

If You are a User from EU or EEA, then You will be asked to provide clear and affirmative consent to the collection, processing, and sharing of your Personal Information by/with Asera, subject to withdrawal of your consent at any time on request. Under GDPR, EU/EEA residents have the following rights: 1. To know the purpose to process the Personal Information; 2. To know the status of Personal Information processed; 3. Access the Personal Information that is processed; 4. To erase or rectify the Personal Information; 5. Restrict the processing of the Personal Information; 6. Data portability of the Personal Information provided in respect of the Services. This allows the User to download all Personal Information that has been shared with Asera in a readable format for your own purposes; and 7. Opt-out option from processing the Personal Information (unless Asera has otherwise compelling legitimate grounds) The abovementioned rights can be exercised by EU/EEA residents by contacting Asera at [insert email id].

ACCESS, RETENTION AND DELETION OF PERSONAL INFORMATION

1. You can access your information, including your Name, Date of Birth/Age and Gender, Contact Details such as Residential Address, contact number, email address, payment information.
2. When you sign up for Services, you are opting in to receive short message service (SMS) and emails from Asera. Asera will take reasonable steps to accurately record the Personal Information that you provide to Asera and any subsequent updates. As a User, you have the right to access and correct your Personal Information that Asera holds.

1. You can log in to manage your email preferences and follow the “unsubscribe” instructions in commercial email messages. If required by you, Asera will delete the Personal Information provided by you in connection with the Services provided by Asera, but Asera may retain information about you for the purposes authorized under this Privacy Policy, unless prohibited by law. Thereafter, Asera will either delete your Personal Information or de-identify it so that it is anonymous and not attributed to your identity. Upon deletion of your Personal Information, copies of your Personal Information may remain viewable in cached and archived pages.

1. We can retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with Applicable Law. The criteria for determining the duration for which Asera will keep your Personal Information are as follows: (i) Asera will retain copies of your Personal Information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Privacy Policy, including for the length of time Asera has an ongoing relationship with you and provide the Services to you; (ii) if there is a legal obligation to which Asera are subject (for example, certain laws require Asera to keep records of your transactions for a certain period of time before Asera can delete them); or (iii) keeping in view the legitimate interests of Asera (litigation or regulatory investigations). Asera will not be responsible or held liable in any manner whatsoever for the retention of Personal Information of Customers by the Retailer and their use of the same.

SECURITY AND CONFIDENTIALITY OF PERSONAL INFORMATION

1. Your Personal Information is maintained by Asera and such information may also be converted to physical form from time to time. Asera takes all necessary precautions to protect your Personal Information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Asera’s business.

1. No administrator at Asera will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Asera does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Asera by sending an email to [insert email ID]. You shall henceforth indemnify Asera against any loss suffered by it due to such unauthorized use of your account and password.

1. Asera makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Asera’s website, you consent to the transfer of such information to them. Asera will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Asera discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Asera believes in good faith that disclosure is reasonably necessary to protect the property or rights of Asera, third parties or the public at large.

1. Aserais not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Asera shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Asera including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

PURPOSES FOR WHICH YOUR INFORMATION MAY BE USED BY ASERA

Asera will retain Personal Information only to the extent it is necessary to provide Services to the Users. The information which Asera collects from You may be utilized for various business and/or regulatory purposes including but not limited to the following purposes:

1. Registration of the User on the Platform
2. Processing the User’s requests and provision of Services
3. Processing, disclosing, transmitting, and/or sharing the data/information with other third parties which have business or contractual dealings with Asera
4. Technical administration and customization of the Platform
5. Ensuring that the Platform content is presented to the Users in an effective manner
6. Delivery of personalized information to the User
7. Improvement of Services, features and functionality of the Platform
8. Research and development and for User administration (including conducting user surveys)
9. Dealing with requests, enquiries, complaints or disputes and other customer care related activities including those arising out of the Users’ request of the Services and all other general administrative and business purposes
10. Verification of identity of Users and perform checks to prevent frauds
11. Investigating, enforcing, resolving disputes and applying our Terms of Use and Privacy Policy, either ourselves or through third party service providers

DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION

1. Aseramay need to disclose/ transfer User’s Personal Information to the following third parties:

1. To other service providers appointed byAsera for the purpose of carrying out services on Asera’s behalf under contract. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Platform, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
2. To our affiliates in India who may use and disclose your information for the same purposes as us.

• To government institutions/ authorities to the extent required a) under the laws, rules, and regulations and/ or under orders of any relevant judicial or quasi-judicial authority; b) to protect and defend the rights or property ofAsera; c) to fight fraud and credit risk; d) to enforce Asera’s Terms of Use ; or e) when Asera, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.

1. If otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.

1. Aseramakes all Personal Information accessible to its employees and data processors only on a need-to-know basis. All Asera’s employees and data processors, who have access to, and are associated with the processing of Personal Information, are obliged to respect its confidentiality.

 

POLICY TOWARDS CHILDREN

Asera does not knowingly collect Personal Information from children under eighteen (18) years of age. If You become aware that Your child has provided Us with Personal Information without Your consent, please contact Asera at [insert email ID]. If Asera learns that it has collected Personal Information of a child under eighteen (18) years of age, Asera shall immediately take steps to delete such information from records and terminate the child’s account as soon as possible.

 

BUSINESS TRANSFERS

If Asera, or substantially all of its assets, are acquired, or in the unlikely event that Asera goes out of business or enters bankruptcy, the acquired Personal Information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Asera may continue to use your personal information as set forth in this policy.

CHANGES TO THIS PRIVACY POLICY

Any changes to our Privacy Policy will become effective as on such date of change. Please review the Privacy Policy from time to time to make sure You are aware of any changes. By continuing use of the Platform, You are hereby accepting any and all such changes made to the Privacy Policy. If You do not agree with any such revised terms, please refrain from using the Platform and/or contact Asera to terminate any account You may have created.

GREIVANCE REDRESSAL

In case of any questions, queries, feedback, comments, or concerns about any of the terms of this Privacy Policy and/or Aser’a and treatment of any information shared with by You, You are requested to contact our Grievance Redressal Officer, Ayush Asera at +91 7305012123