THE NINJACART PLATFORM PRIVACY POLICY



1.   What is the Ninjacart Platform?

63Ideas Infolabs Private Limited, a company incorporated under the laws of India, having its registered office at Vaishnavi Signature Ninth Floor 78/9 Outer Ring Road, Bellandur Village, Varthur Hobli Bengaluru – 560103, Karnataka - India (“Company”) has, as a part of its objective, created a mobile application and website called “Ninjacart” (“Ninjacart Platform”) that facilitates it users (User) to trade with a wide variety of buyers and sellers (in India’s agri-marketplace) and record and manage their trades seamlessly with minimum effort and also allow Users to pay and collect money from buyers and sellers across India, via multiple payment options (“Services”)

2.   What is this Privacy Policy?

This privacy policy (the “Privacy Policy”) describes how and why the Ninjacart Platform collects, uses, transfers and discloses the information provided by the users. All users shall be bound by this Privacy Policy and the Company shall not use any information supplied by Users, except in accordance with this Privacy Policy. 

By clicking on 'I/We Accept' during the sign-up process, or when consenting to the Credit Services terms (accessible here) Users agree to and accept the terms and conditions provided for under this Privacy Policy, read in addition to the Ninjacart Platform terms (Terms) available here. Users who do not agree with the terms set out in this Privacy Policy and the Terms are advised to refrain from accepting them and are also advised to refrain from using any Services or Credit Services. Users’ visit to and/or use of the Ninjacart Platform and any dispute over privacy is subject to this Privacy Policy and the Terms.

3.   Why does the Company have this Privacy Policy?

This Privacy Policy is published pursuant to:

a.     Section 43A of the Information Technology Act, 2000;

b.     Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy Rules”); and

c.      Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.

In this Privacy Policy, the Company will disclose what kind of information is collected from Users. It will also specify why the Company collects this information, the modes and means by which it will be used, and the entities or persons who will have access to this information.

4. What is Sensitive Personal Data or Information?

Under the Privacy Rules, sensitive personal data or information of a person means and includes such personal information about that person relating to the following (“Personal Information”):

a.   Passwords;

b.   Financial information such as bank accounts, credit and debit card details or other payment instrument details (“Financial Information”);

c.    Physical, physiological and mental health condition;

d.   Sexual orientation;

e.   Medical records and history;

f.    Biometric information; and

g.   Information received by body corporates under lawful contract or otherwise.

There is also certain information which will be collected from Users such as addresses, email addresses, telephone numbers, address proof and identity proof, User photographs and other contact information which may be used to personally identify Users directly or indirectly either from the collected information alone or from said information combined with other information which the Company may have access to about the User (“Personally Identifiable Information”). It is important to note that information that is freely available in the public domain, or accessible under the Right to Information Act, 2005, or any other law will not be considered Sensitive Personal Information, or as Personally Identifiable Information. Sensitive Personal Information and Personally Identifiable Information is collectively referred to as User Information.

5.  What Sensitive Personal Information and Personally Identifiable Information does the Company collect from Users?

The Company will only collect User Information that is necessary for the purposes of rendering the Services or Credit Services and will not further process it in a manner that is incompatible with those purposes.

  § Sensitive Personal Information:

  In the course of transacting on the Ninjacart Platform, Users may be required to pay with a credit card, wire-transfer, or debit card through the Ninjacart Platform’s third-party payment gateway provider or any other platform. This third-party payment gateway provider may be required to collect certain Financial Information from Users including, but not restricted to, their Financial Information. The Financial Information so collected will only be used for billing and payment for the use of the Services through the Ninjacart Platform. The processes of verifying the Financial Information will be entirely conducted by Users and the Ninjacart Platform shall have no part in such processes.

  In case a User chooses to avail credit facility services (Credit Services) from partner banks, non- banking finance companies, and other Reserve Bank of India authorized lending institutions (Partner Lender) via the Ninjacart Platform or in cases where the User voluntarily shares such data, Ninjacart will also collect Users credit bureau data (based solely on the Users terms of consent for such sharing of credit bureau data with Ninjacart), income data, bank statements and other Financial Information for providing support services related to the Credit Services such as sharing credit bureau data and Know Your Customer (KYC) information with Partner Lenders for their verification and facilitation of Credit Services etc.

  The Financial Information collected from Users is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. While the Company shall make commercially reasonable efforts to ensure that Users Financial Information is duly protected by undertaking security measures prescribed under applicable laws, Users are strongly advised to exercise discretion while providing Financial Information while using the Services, given that the Company cannot guarantee absolute security over the internet.

  § Personally Identifiable Information

   The Company may collect the following PII from its Users in the normal course of a User's use of the Ninjacart Platform:

        a.   Account number, mobile number, business name, PAN number, date of birth, full name, address, masked aadhar number

                a. In case a User chooses to avail Credit Services from Partner Lenders via the Ninjacart Platform, the Company will also be required to collect KYC data from Users, where such KYC data may include User photographs, identity proof and address proof (such as Aadhaar data), Docs -Aadhaar, PAN, Business PAN, Business Proof (Market license or GST certificate or udyam aadhaar or FSSAI or certificate of incorporation or Krishi Smiti Certificate or MSME Udyam Reg Certificate or Labor Dept Reg Certificate or Shop Act Certificate) and fields - Business PAN number, Business Name, date of incorporation (in case they have uploaded business

     § Automatically Generated Information

       When a User visits the Ninjacart Platform, the Company automatically receives the following information:

     § Locations

      The Company may also access, collect, store and/or monitor information regarding the User’s location via the Ninjacart Platform, which includes but is not limited to their global positioning system coordinates vis-à-vis the device used to access the Ninjacart Platform. The location data collected does not include any Personally Identifiable Information about the User.

     § Telephone Calls and Other Communications Received from Users


The Company may keep records of telephone calls, emails, SMS and other channels of communication received from and made to Users for the purpose of administration of Services (and Credit Services), research and development, training, business intelligence, business development, or for User administration. The Ninjacart Platform may share the telephone records, emails, SMSs and other communications received from Users with third parties when required by law or when required to provide or facilitate the User with the Services or Credit Service (as applicable). 

     In addition to the User Information collected by the Company (as outlined above), the Company may also collect other types of information which are not directly or indirectly linked to a User and which is aggregated, anonymized or de-identified. Such information is collected in order to improve the services we provide to you.

     Please note that all User Information is collected by the Company on an as-is basis and the Company shall not be responsible for the authenticity of the User Information provided by Users.


6. When does the Company collect User Information?

The Company collects User information from Users when Users register on the Ninjacart Platform, place an order, subscribe to a newsletter, or enter information on the Ninjacart Platform. The Company may use email, app notifications, short message service (SMS), multimedia message service (MMS) or other forms of communication (such as WhatsApp) to share information with Users about certain promotions or features regarding the Ninjacart Platform which the Company or its affiliates, subsidiaries, business partners, advertisers and sponsors may choose to offer. Users may receive such communication when they opt to receive the same or have consented to the same during the registration process.

In case a User avails Credit Services via the Ninjacart Platform, the Company will collect relevant Financial Information and KYC data during the Credit Service application process.

7. Who has access to your information?

§ Employees Authorised Personnel and Affiliates

All information that is collected, stored, processed or disclosed to the Company by Users is accessible only to authorised personnel and employees of the Company on a need-to-know basis. All employees and data processors, who have access to and are associated with the processing of User Information are obliged to respect its confidentiality. The Company may also disclose User Information to its affiliates for business purposes, such as for the promotion, sales or marketing of such affiliates services.

§ Government Institutions or Authorities

The Company may be required to disclose User Information to governmental institutions or authorities under any law or judicial decree. The Company may disclose User Information in its sole discretion, in case Ninjacart deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply this Privacy Policy or the Terms. The Ninjacart Platform shall not be responsible for the manner or method in which such institutions and authorities use or disclose such User Information.

§ Other Parties

The Ninjacart Platform may share/use User Information with the other parties (such as Partner Lenders, payment gateways service providers, logistics service providers etc.) for the purposes of:

a.     providing services, technical support, etc. in relation to the Services (and Credit Services), and enhancing User experience; or

b.     detecting and preventing identity theft, fraud or any other potentially illegal acts; or

c.   monitoring enhancing User interest and engagement, including through promotional activity, personal messages to users using Personally Identifiable Information provided by Users, etc; or

d.     processing the purchase of Services on the Ninjacart Platform.

§ Merging/Acquiring Parties/Investing Parties

In the event that the Company is merged with or acquired by another business entity, it will be required to transfer all User Information to such merging or acquiring party. We may also share User Information with bona fide potential investors and investors. In such cases, the Company will take all reasonable efforts to make sure that the User Information is protected by the merging, acquiring, or investing entity, in conformity with applicable laws.

§ Third Party upon Sale

The Company may also disclose or transfer the User Information provided by Users, to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the Company. Any third party to which the Company transfers or sells its assets (such as the Ninjacart Platform) will have the right to continue to use the User Information that Users provide to the Company.

§ Third-Party Sites

The Company does not exercise control over the websites displayed as search results or links from within the Services or the Credit Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit User Information from Users, for which the Company shall not be held responsible or liable. The Company does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does the Company guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion of such websites does not imply any endorsement by the Company of such websites, the websites’ provider, or the information on the website.

8. How do we use your information?

The Company may use the User Information collected from the User when said Users register, make a purchase, sign up for the Company newsletter, respond to a survey or marketing communication, or when Users use certain other application features of the Ninjacart Platform (such as availing Credit Services), in the following ways:

a.     To identify the User, to understand their needs and resolve disputes, if any.

b.     To personalize User experience and to allow the Company to deliver the type of content and product offerings in which Users are most interested.

c.      To improve the Ninjacart Platform in order to better serve Users.

d.     To set up, manage and facilitate the offer of products, and to enhance the Services and Credit Services (as applicable) to meet User requirements.

e.     To allow the Company to better service Users by responding to User customer service requests.

f.    To provide ongoing Services and Credit Services (as applicable).

g.    To administer a contest, promotion, survey or other Ninjacart Platform features, and to keep Users apprised of the Ninjacart Platform’s promotions and offers.

h.    To quickly facilitate the processing of User transactions by third party payment gateways.

i.    To ask for the ratings and reviews of services or products offered on the Ninjacart Platform

j.    To meet legal and regulatory requirements.

k.    To resolve technical issues and troubleshoot problems that may arise in the Services, the Credit Services, or the Ninjacart Platform.

l.    To detect and protect the Company and the Ninjacart Platform from error, fraud and other criminal activities.

m.  To enforce the Terms.

n.   Other reasons which, prior to being put into effect, shall be communicated to Users through an update carried out to this Privacy Policy.

9. How do we protect your information?

The Company has implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the User Information that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. While the Company is committed to maintaining confidentiality of all User Information, it shall not be responsible for any breach of security or for any action of any third parties that receive a User's User Information due to events that are beyond the reasonable control of the Company including, acts of government, computer hacking, unauthorised access to the Company's computers and storage devices, computer crashes, breach of security and encryption, etc. All information collected from the Users by the Company via the Ninjacart Platform is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of the Company. The User Information collected by the Company is stored by Microsoft Azure located at Pune, India.

The User Information may also be converted to/stored in physical form (such as hard drives or server racks) from time to time. Regardless of the manner of storage, the Company shall make commercially reasonable efforts to ensure that the User Information is rendered confidential and that the Company will only disclose such User Information in accordance with the terms of this Privacy Policy.

10. Retention of User Information

User Information will be held for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. The Company shall cease to retain User Information, or remove the means by which the User Information can be associated with particular Users, as soon as it is reasonable to assume that the purpose for which that User Information was collected is no longer being served by retention of the User Information.

11. Withdrawal of User Consent

Users may withdraw their consent for the collection, use and/or disclosure of User Information in the Company's possession or control by submitting a request to cloud[Email Address]. The Company will process your request within a reasonable time from when the request was made, and thereafter not collect, use and/or disclose said User's User Information as per their request. 

Depending on the extent of a User's withdrawal of consent for us to process User Information, it may mean that said User will not be able to further use or access the Ninjacart Platform, avail Services or Credit Services.

12. Users Right to Review and Modify User Information

Users can access their User Information at any time to review the same. Users can seek to rectify any inaccurate or deficient User Information, and the Company may rectify it if feasible.

13. Do we use ‘Cookies’?

We will use cookies for tracking purposes and for the collection of relevant meta data. Users can choose to have their devices warn them each time a cookie is being sent, or Users can choose to turn off all cookies. Users may do this through their device browser settings. As Users may use different browsers, Users may look at their browser’s help menu to learn the correct way to modify their cookies.

If Users turn cookies off, some of the Ninjacart Platform's features that make User experience more efficient may no longer function as intended.

14. Changes in Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Ninjacart Platform. If the Company makes any material changes to this Privacy Policy, the Company will notify Users that the policy has been updated, so that Users are aware of what information is collected by the Company, how it is used, and under what circumstances, if any, can the Company use and/or disclose it.

15. Questions and Contact Information

If there are any questions regarding this Privacy Policy, you may contact us using the information below.

Grievance Officer: Raghavendra Rao T S

Contact Details: 080-35018270 || queries@ninjacart.com

Address: 63Ideas Infolabs Pvt. ltd, Vaishnavi Signature Ninth Floor, 78/9 Outer Ring Road, Bellandur Village, Varthur Hobli Bengaluru, Karnataka – 560 103

  

                                                CREDIT FACILITY

These Credit Facility Terms are to be read with, and are subject to the Ninja App Terms. All capitalized terms used herein shall have the meaning ascribed to them under the Terms, unless otherwise expressly defined herein. If you choose to avail Credit Facilities from our partner Lenders, these Credit Facility Terms will apply to you.

Introduction

The Ninja App

(i) allows Users who meet certain eligibility criteria to apply for and avail Credit Facilities from our partner Lenders,

(ii) facilitates User repayment of the Credit Facilities, and

(iii) allows Users to monitor their loan accounts for the Credit Facilities availed through the Platform from partner Lenders.

Ninjacart is not a Lender, and not does not lend or offer Credit Facilities. Ninjacart partners with Lenders in order to facilitate eligible User access to Credit Facilities. Ninjacart is not a party to any Credit Facility arrangement and all contractual arrangement for Credit Facilities are solely between the eligible User and the partner Lender.

Definitions

(a) the term “Credit Facility” or “Credit Facilities” as the context may require, refers to the line of credit facilities granted by partner Lenders to Users of the Platform who meet the eligibility criteria prescribed by the relevant partner Lender.

(b) the term “Lender” or “Lenders” as the context may require, refers to banks, non-banking finance companies and other Reserve Bank of India authorized lending institutions that offer credit facilities to eligible Users via the Platform.

(c) the term “Loan Agreement” refers to all documentation and agreements, such as the sanction letter, the ‘Most Important Loan Terms’ etc. which eligible Users must execute in order to avail Credit Facilities from partner Lenders.

Representations and Warranties

For the purposes of availing Credit Facilities from Ninjacart’s partner Lenders, you hereby represent and warrant that:

1. you understand and recognise Ninjacart as merely a technology service provider facilitating the interaction between eligible Users and partner Lenders.

2. you are (a) an Indian citizen, and (b) 18 years or above and are otherwise legally competent to enter into a binding agreement.

3. you will inform Ninjacart and/or partner Lenders of any change in your residential status.

4. all User Information provided by, and filled in by you are true, correct, and accurate, and that you have not withheld or suppressed any material User Information.

5. you will share any additional User Information required for the processing of Credit Facility applications.

User Application

In order for the User to be able to avail Credit Facilities, the User will need to meet certain eligibility criteria specified by the relevant partner Lender. The User must answer all questions raised on the Platform or otherwise by Ninjacart in relation to the Credit Facility in an honest manner.

Ninjacart may assist its partner Lenders in processing Credit Facility applications made through the Platform by collecting User Information (on behalf of partner Lenders) as required by the partner Lenders, which may include ‘Know Your Customer’ (KYC) data, income, User photographs, purpose of the Credit Facility, bank statements etc. Ninjacart does not engage in the verification of User Information, and such verification is undertaken by partner Lenders. More details regarding the collection and processing of this information are provided in the Privacy Policy. Ninjcart may also monitor User actions associated with the Credit Facility, through the information collected from User’s loan account (i.e., account in which loan amount is transferred by partner Lenders), sales or purchases made via the Platform, successful delivery of User goods etc., by relying on the services of Third Parties.

Ninjacart may forward Credit Facility applications to partner Lenders based on the metrics shared by said partner Lenders. Ninjacart does not decide on the creditworthiness of any Credit Facility application made by a User. Our partner Lenders may assess the Credit Facility application and upon their sole discretion choose to not grant a Credit Facility to the User. The partner Lender shall have the right but not the obligation to provide the reason for its decision to the User. If the partner Lenders choose to grant eligible Users a Credit Facility, the User will be required to

(i) execute the Loan Agreements to the partner Lenders satisfaction, and .

(ii) to fulfil any other condition prescribed by the partner Lender such as granting the partner

Lender a NACH mandate or the Users providing guarantees to partner Lenders for the Credit Facility, as required.

Repayment and Collection

Ninjacart may, pursuant to any agreements entered into between Ninjacart and its partner Lenders, assist its partner Lenders in relation to the Credit Facility provided to the eligible User, including for the collection or repayment of any fees, charges or other amounts owed to them by eligible Users in accordance with the Loan Agreement. The eligible User agrees and acknowledges that Ninjacart may be required to inter alia collect or recover any sums owed to the partner Lender by the eligible User, or undertake any other actions necessary for Ninjacart to fulfil its obligations to the partner Lender, pursuant to the Credit Facility provided to the eligible User. Any collection including in relation to default shall be in accordance with the Loan Agreement.

It is hereby clarified that the eligible Users shall be solely liable for all consequences associated with the eligible User's breach of obligations in relation to the Credit Facility, including any inability to repay the borrowed amounts, and Ninjacart may undertake all such actions, including as set out under the Terms, in relation to recovering such amounts. Ninjacart also reserves the right to set off and adjust any monies that are payable to the eligible User by the Ninjacart, pursuant to the Terms, against any sums collected or recoverable, as applicable, from the eligible User in accordance with the Terms.

The User agrees that no authorisation letter or other documentation will be required by Ninjacart to exercise any rights under this Credit Facility Terms.

Eligible User Consents and Authorisations

By clicking ‘I Accept’, you consent to, and authorize Ninjacart to process or share User Information collected from you with partner Lenders and relevant Third Parties for

(i) availing the Credit Facility,and

(ii) for purposes outlined under these Credit Facility Terms. You acknowledge that your provision of Aadhaar details is purely voluntary, and you may provide other identification documents such as any other two ID & address proof. You will not be denied any service by Ninjacart merely for the reason of not submitting Aadhaar details. You consent to, and authorise Ninjacart to act as your authorised representative in order to receive your credit information from authorised credit bureaus to provide services to you, including but not limited to the provision of support services associated with the Credit Facility. Ninjacart will not share your credit information with any Third Party. The User will also be required to provide additional consents and authorisations to partner Lenders under the Loan Agreement and agrees that any processing of User Information by partner Lenders will be pursuant to said consent.

Grievance Redressal

In case of any complaints or grievances with regard to the Credit Facility availed from partner Lenders, you may reach out to your partner Lender for assistance as per details

given in their Borrower Agreement. You may also contact Ninjacartat queries@ninjacart.com or on telephone 080-35018270