Privacy

BenPlat EPP Technology Pvt Ltd., a company incorporated under the Companies Act, 2013 with its registered office at Hustlehub H1907, 4th Floor, 240, 19th Main Rd, 4th Sector, HSR Layout, Bengaluru, Karnataka 560102 (hereinafter referred to as “we”, “us”, “our” or “Company”) recognizes the importance of privacy and confidentiality. This policy outlines the collection, use, and protection of personal information from users (hereinafter referred to as “User” or “you” or “your”) while accessing, using, or availing any services from its technology platform, website (https://www.swishclub.in) or any other subdomain of the same and mobile application thereof (collectively referred to as “Platform”). This privacy policy describes the type of information that the Company may collect from you when you access or use the Platform and the practices for collecting, using, maintaining, protecting, and disclosing such information.

By browsing, accessing, or using the Platform or its services and/or registering an account with the Platform, you agree to this privacy policy, consenting to the Company’s collection, use, disclosure, retention, and protection of your personal information as described here. If you do not provide the information we may require, we may not be able to provide all our services to you. If you do not agree with any of the terms of this privacy policy, please do not use the Platform.

1. COLLECTION OF INFORMATION
   We gather personally identifiable information (such as email ID, name, phone number, office email ID.) when you create an account on the Platform. While some sections of our site are accessible without registration, certain activities, like placing an order, require registration. Your contact information is utilized to send you offers based on your previous orders, interests and any new offers. Additionally, we may keep a record of your product interests and acquire information for our present and/or future affiliates.
2. We may collect various types of information from and about you, including but not limited to:
3. 1. Personal Information: Any information, documents, or details that can lead to your identification, directly or indirectly, including name, address, postal code, recent photograph, financial information, phone number, fax number, email address, and any other sensitive personal data as defined under Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
   2. Information provided on the Platform for availing services.
   3. Information about your geographical location, internet connection, equipment/device used to access the Platform, other apps installed on the mobile, browser type, and usage details.
   4. Transaction Information: In connection with any communication, transaction, payment services, or other services availed through the Platform, information such as bank account numbers, billing and delivery information, credit/debit card numbers, expiration dates, and tracking information may be collected to facilitate transactions.
   5. Details of communications or transactions, product types and specifications, pricing, and delivery information.
   6. Search history, browsing activities on the Platform, including IP addresses, browsing patterns, and user behavioral patterns.
   7. Communications between you and us or with third-party service providers on the Platform.
   8. Content, feedback, reviews, etc., uploaded or provided to the Company or on the Platform.
   9. Statistical information and details of visitors to the Platform, including IP addresses, browser software, operating system, software and hardware attributes, pages viewed, and number of sessions.
   10. Access to your images and videos on your device, camera, mic, Bluetooth, and device location when using or accessing the Platform.
   11. Location and Device Information: Automatically receiving, collecting, and analyzing your location information through methods such as IP address, and collecting information about your device and its usage.
   12. Access to Information from Third Parties: You may choose to provide access to certain information stored by third parties like social networking sites or e-commerce websites. We will have access to such information as permitted by the user’s privacy settings on that site and the user’s specific authorization.
   13. Failure to provide sufficient information during registration may impede the process or limit access to the Platform, its services, or information about our products and services.
   14. This information may be collected directly from you or automatically as you navigate through the Platform, including usage details, IP addresses, and information obtained through cookies, web beacons, and other tracking technologies. If adequate personal information is not provided, we may be unable to complete the registration process or enable full access to the Platform, its services, or provide comprehensive information about our products and services.
4. Information we collect
   1. Your name, phone number and email address;
   2. Account, purchase and payment information;
   3. Candidate information (for job applicants);
   4. Access to securely stored third party credentials (for triggering notifications);
   5. Location data (including IP Address);
   6. Device data; and
   7. Other data collected that could directly or indirectly identify you.
5. How do we store your data? (If you are located in other locations except EU)
   Our Company securely stores your data at a Secure storage location in India.
6. USE OF INFORMATION
   If you provide us with information, you are considered to have agreed and expressly consented to us collecting, retaining, and using your information for the purposes mentioned below, including but not limited to:
   1. Verifying the identity of the User onboarded on the Platform.
   2. Facilitating your use of the Platform and providing services to you.
   3. Processing the user’s registration by providing the User with a log-in ID and/or one-time password for accessing the Platform.
   4. Communicating and sharing necessary product and/or service-related information from time to time.
   5. Allowing you to receive customer care services and responding to your queries, claims, disputes, or any other concerns.
   6. Administering our services and diagnosing technical problems.
   7. Carrying out our obligations and enforcing our rights arising from any contracts entered into between you and us, including billing and collection.
   8. Complying with applicable laws, rules, and regulations.
   9. Providing you with information regarding offers on products and services, updates, promotions, and schemes related to our services or associated with our service providers, group companies, affiliates, and/or partners, that we believe would be of interest to you.
   10. Performing research or statistical analysis to improve the content and layout of the Platform, as well as our product offerings and services.
   11. Performing research or statistical analysis to improve the content and layout of the Platform, as well as our product offerings and services.
   12. Conducting assessment, evaluation, statistical, market and product analysis, and/or market research to monitor, improve, and administer the Platform and its services.
   13. Responding to your inquiries or fulfilling your requests for information about the various services ordered on the website.
   14. Processing and completing the orders placed with third-party sellers on the Platform and sharing information as needed to process and complete the orders.
   15. Ensuring that orders are successfully delivered on time and keeping you informed about the status of your order.
   16. Sending you important information regarding the website, changes in terms and conditions, user agreements, and policies, and/or other administrative information.
   17. Sending you surveys and marketing communications.
   18. Personalizing your experience on the Platform by presenting advertisements, services, and orders tailored to your preferences.
   19. Helping you address problems incurred on the Platform, including addressing any technical problems.
   20. If you avail any service from the Platform, completing and fulfilling the same.
   21. Protecting the integrity and properly administering the Platform.
   22. Conducting internal reviews and data analysis for the Platform.
   23. Responding to legal, judicial, quasi-judicial processes, and providing information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
   24. Implementing information security practices.
   25. Determining any security breaches, computer contaminants, or computer viruses.
   26. Investigating, preventing, or taking action regarding illegal activities and suspected fraud.
   27. Undertaking forensics of the computer resource concerned as a part of investigation or internal audit.
   28. Tracing computer resources or any person who may have contravened or is suspected of having or being likely to contravene, any provision of law, including the Information Technology Act, 2000, that is likely to have an adverse impact on the services provided on any website or by the Company.
   29. Enabling a potential service recipient or investor to evaluate the business of the Company.
7. Individually and collectively referred to as “purposes,” you hereby agree and acknowledge that the information collected is for a lawful purpose connected with a function or activity of the Company or any person on its behalf, and the collection of information is necessary for these purposes.
8. We use the information provided by you for the provision of services. To the extent we use your information for the above-mentioned purposes, and to the extent permissible by applicable laws, we will provide you with the ability to opt out of such uses.
9. In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users’ activity on our website. We identify and use your IP address to help diagnose problems with our server and to administer our website. Your IP address is also used to help identify you and to gather broad demographic information. We will occasionally ask you to complete optional online surveys. Surveys may ask you for contact information and demographic information (like zipcode, age, or income level). We use this data to tailor your experience at our site, providing you with content that we think you might be interested in and to display content according to your preferences.
10. User rights
    
11. Our Company wants to ensure you are fully aware of your data protection rights. Every user is entitled to the following:
12. The right to access - You have the right to request Our Company copies of your data. We may charge you a small fee for this service.
13. The right to rectification - You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe needs to be completed.
14. The right to erasure — You have the right to request that Our Company erase your data, under certain conditions.
15. The right to restrict processing - You have the right to request that Our Company restrict the processing of your personal data, under certain conditions, provided this information is not crucial for the functioning of Swish Club in the process of execution of the services.
16. The right to object to processing - You have the right to object to Our Company's processing of your data, under certain conditions, provided this information is not crucial for the functioning of Swish Club in the process of execution of the services.
17. The right to data portability - You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
18. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please email us at: support@swishclub.in
19. Consent Management:
    • Obtaining Consent:
      When you visit our website or platform, we will request your consent before collecting any personal information. Clear and easily understandable explanations will be provided regarding the purpose and scope of data processing activities. You have the right to grant or deny consent.
    • Modification of Consent:
      If you wish to modify your consent for data processing, You can do so by contacting Swish Club support. Modification will not affect the lawfulness of any processing based on prior consent.
    • Withdrawal of Consent:
      If you wish to withdraw your consent for data processing, you can do so by contacting Swish Club support. Withdrawal will not affect the lawfulness of any processing based on prior consent.
    • By incorporating this consent management facility, we aim to empower you with control over your personal data, ensuring transparency and compliance with privacy regulations.
20. DISCLOSURE OF USER INFORMATIONYou acknowledge our right to disclose the information collected or provided by you, as outlined in this Policy, through the following means:
    1. To our subsidiaries, group companies, and/or affiliates under the common ownership or control of our parent company.
    2. To third-party service providers engaged for our business and operational needs or to fulfill any lawful contractual obligation with them.
    3. In connection with the services provided through the Platform.
    4. To third-party service providers, whether located within or outside India, who perform various services on our behalf, including but not limited to data entry, database management, promotions, marketing activities, product and service alerts, authentication, and verification services. These third- party service providers are bound by confidentiality obligations and are authorized to use your Personal Information solely for the purposes specified in clause II mentioned above.
    5. To our professional advisers, law enforcement agencies, insurers, government and regulatory bodies, and other organizations, or in compliance with court orders, requests/orders, notices from legal authorities, or law enforcement agencies, compelling us to make such disclosures.
    6. To third parties for marketing or making their products or services available to you, provided you have consented to receive such updates. We contractually obligate these third parties to maintain the confidentiality of Personal Information and use it solely for the disclosed purposes.
    7. To third parties providing logistics services, delivery services, payment services, etc., while placing your order on the Platform to complete and fulfill your transaction.
    8. To assist in investigating, preventing, or taking action against unlawful and illegal activities, suspected fraud, potential threats to the safety or security of any person or other users, violations of the Platform’s terms of use, or to defend against legal claims.
    9. Sharing information with third parties such as banks, financial institutions, credit agencies, or vendors to enable them to offer their products or services to you. While we strive to implement internal procedures to secure information from intruders, it is not guaranteed that such measures can eliminate all risks of theft, loss, or misuse.
    10. Sharing your information when mandated by applicable law. This may involve exchanging information with other companies, organizations, banks, government, or regulatory authorities. However, this does not include selling, renting, or disclosing information for commercial purposes contrary to applicable laws.
    11. If disclosure is deemed necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
    12. Sharing your information with any third party under circumstances where we have obtained your consent.
    13. Sharing aggregated anonymized (and de-identified) information about you with third parties at our sole discretion.
    14. The Company may share statistical data and other details (excluding your Personal Information) without your express or implied consent to facilitate various programs or initiatives launched by the Company, its affiliates, agents, third-party service providers, partners, or banks & financial institutions. This may involve transferring/disclosing/sharing information (excluding your Personal Information) to parties supporting our business, such as providing technical infrastructure services, analyzing service usage, offering merchant services, facilitating payments, or conducting academic research and surveys. These affiliates and third-party service providers are bound by confidentiality obligations consistent with this privacy policy.
    15. Sharing some or all of your Personal Information with another business entity in the event of our (or our assets’) merger, acquisition, reorganization, amalgamation, or business restructuring. In such a transaction, the other business entity (or the new combined entity) will be required to adhere to this privacy policy concerning your Personal Information.
21. THIRD PARTY OFFERS
    
    1. We may establish relationships with other parties and websites to offer you the benefit of products and services which we do not offer. We may offer you access to these other parties and/or their websites.
    2. This policy does not apply to the products and services enabled or facilitated by such third parties. The privacy policies of those other parties may differ, and we have no control over the information that you may submit to those third parties.
22. Third party payment services and information collection
    
    1. We use a third party payment platform and payment aggregator services to bill you for products and Services. We may use and share the User Information with reliable and reputed third-party payment gateway to whom we are associated in order to ensure swift and comfortable payment mechanism for the User. The third party service providers shall provide the Company the phone number of the User utilised while completing the payment transaction.
    2. After the User is directed to the payment mechanism and the payment gateway, the Company is not liable for any data stored, used or accessed by such a third party service provider and the User Information is no longer governed by this Policy or our Website’s Terms of Service. The same shall be subject to the terms and conditions and privacy policy of the third party service provider. For these third party service providers, we recommend that you read their privacy policies in order to understand the manner in which your personal information and your credit/debit card details will be handled by these providers.
23. Sharing of Data with Third Parties
    
    1. We will share your information with third parties only in the ways that are described in this Policy. We may use the individual data and behaviour patterns combined with personal information to provide you with personalized content, and better your objectives.
    2. The Company may provide and utilise the Information and data collected to certain third parties for undertaking data analysis via third party analytical tools. The third party analytical tools are utilised in order to analyse the data and information to personalize, drive insights and thereby provide a better performance, improve the quality of features and provide seamless services to the User.
    3. The Company does not sell, trade or rent your Information to any third party unless, we have been expressly authorized by you either in writing or electronically to do so.
    4. We share your data with the following third parties for the above-mentioned purposes:
       
       1. Google Analytics
          We use Google Analytics, a web analysis service provided by Google Inc. (Google). Google Analytics uses cookies, which are text files saved on your computer that is an aid as to the data analysis of your usage patterns. You can find additional information on Google Analytics’ use of data and data protection at https://marketingplatform.google.com/about/analytics/terms/de/.
       2. New relic
          We utilize New Relic for product performance analytics purposes, enabling us to gain insights, optimize and continually monitor and improve the service provided based on the dynamic feedback received on the application
       3. Clarity
          We use Clarity for web and app analytics in order to analyse the basis for making improvements on the user experience ("UX”) of our website.
       4. Hubspot
          We utilize Hubspot for customer lifecycle and data tracking purposes, allowing us to effectively track the journey of our customers and their associated data.
       5. Clevertap
          We use Clevertap for web and app analytics in order to analyse the basis for making improvements on the user experience ("UX”) of our website.
       6. Firebase
          We use Clevertap for app analytics, and push notifications in order to analyse and send push notifications on the basis of the user level analytics.
24. RETENTION OF INFORMATION
    We will retain your information for as long as it is necessary to fulfill the purposes set forth herein and for a reasonable time thereafter for the furtherance and completion of any of our services to you, and for such time as may be necessary to comply with any legal obligation or compliance under applicable laws.
25. Data breach
    In case of any data breach of personal data or Information/Website’s database / third- party data, processors is apparent, we will inform all relevant authorities within 72 hours about the same. Further, we shall inform you about the same without any undue delay, if required.
26. COOKIES
    We may use data collection devices such as “cookies” on certain pages to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files or a small amount of data that is sent to your browser and stored on your device.
27. REVIEW OF INFORMATION
    You may review, correct, update, change, or delete your information, through the login page on the Platform (collectively referred to as “your account”). You can request a change in the information provided to us by contacting us atsupport@swishclub.in
28. SECURITY
    We have implemented appropriate electronic and managerial procedures to protect your Personal Information, aiming to prevent unauthorized access and maintain data security. These measures consider the sensitivity of the collected information and the current technological landscape. Adhering to widely accepted industry standards, we employ safeguards for information submitted to us, both during its transmission and upon receipt. While we strive to ensure the confidentiality of your personally identifiable information, it’s important to note that internet transmissions cannot be entirely secure. By using this Platform, you acknowledge that the Platform holds no liability for the disclosure of your information resulting from transmission errors or unauthorized actions by third parties.
29. Despite the provisions in this policy, we are not accountable for:
30. 1. Security breaches on third-party websites or applications, or actions of third parties receiving your Personal Information.
    2. Loss, damage, or misuse of your Personal Information due to a Force Majeure Event. For the purposes of this policy, a “Force Majeure Event” encompasses events beyond our reasonable control, including acts of God, fires, explosions, wars, hostilities, insurrections, revolutions, strikes, labor unrest, earthquakes, floods, pandemics, epidemics, regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls, or failure by a third-party hosting provider or internet service provider, or due to changes or defects in your computer system’s software and/or hardware.
31. RIGHT TO WITHDRAW CONSENT
    You agree that you are sharing your information voluntarily. You retain the option to refrain from providing or allowing the Company to collect your personal information. Additionally, you can withdraw your consent for the information provided at any time by sending an email to the designated grievance officer or the specified electronic address.
32. Upon withdrawal of your consent, we may choose not to provide the services for which the information was initially collected. The effectiveness of your withdrawal is contingent upon receiving acknowledgment from us. It’s important to note that, even after consent withdrawal, we might need to retain the information to comply with applicable laws or utilize it as outlined in Clause V (Retention of Information) above.
33. UPDATING THE INFORMATION
    For correction or updating of any information you have supplied, the Platform provides an online option or contact with the Grievance Officer. If you encounter a loss of access details, you can email the Grievance Officer.
34. Please note that updating information in an application on our Platform is not possible after a decision has been made. However, you have the option to create and submit a new application with the updated information.
35. CHANGES TO THIS POLICY
    We reserve the right to amend, restate, modify, or replace this policy periodically. Your ongoing use of the Platform and its services following any changes constitutes acceptance of those modifications. It is recommended to check this policy periodically for updates. Once posted on the Platform, the new policy will take immediate effect. You agree that any information we hold about a user will be governed by the latest version of the policy.
36. MINORS
    While the Platform and its contents are not intended for users under 18 years of age, we acknowledge our inability to distinguish the age of individuals accessing our Platform. If we discover that a person submitting information is below the permissible age, we will promptly delete the account and any associated information. If you suspect that we may have information from or about a user below the permissible age, please contact the Grievance Officer.
37. GRIEVANCE OFFICER
    In accordance with the Information Technology Act 2000 and rules made thereunder as may be prevailing, from time to time, the name and contact details of the grievance officer are provided below:

Name: Mr. Dushyant Sapre

Email: grievance@swishclub.in

Grievance Officer, BenPlat EPP Technology Pvt Ltd.

Hustlehub H1907, 4th Floor, 240, 19th Main Rd, 4th Sector, HSR Layout, Bengaluru, Karnataka 560102