Privacy Policy

1. INTRODUCTION

1.1 The domain name https://magnetapp.in/ is owned and managed by Vistas Technolabs Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at 1105, Rawal Ji Ka Bazar, Near Hotel Sun City,Ganga Pol Jaipur, Rajasthan, 302002 (hereinafter referred to as “Vistas” or “We” or “Us” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

1.2 Magnetapp is committed to respecting your online privacy and recognises your need for appropriate protection and management of any information you share with Vistas on the Domain. This privacy policy (“Policy”) explains how Vistas will collect, use, share and process information in relation to the services provided on the Domain.

1.3 This Policy shall be deemed to be incorporated into the Terms of Use applicable to you as a user of the Domain (“Terms”) and shall be read in addition to the Terms. In the event of any conflict between this Policy and the Terms, the interpretation placed by Vistas shall be final and binding on you. All words used in capitalized form herein but not defined shall have the meaning ascribed to the term in the Terms.

1.4 This Policy is being framed in view of the Information Technology Act, 2000 read with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. By accepting this Policy, you understand and agree to the collection, use, sharing and processing of personal information as described herein. If you provide Vistas with personal information about someone else, you confirm that (a) such information is accurate and up to date; (b) such person is aware that you have provided their information; and (c) they consent to both the disclosure and the use/processing of their information in accordance with this Policy. This Policy applies to all the current and former visitors, users and others who access the Domain.

2. SCOPE

2.1 This Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder. This Policy does not require any physical, electronic or digital signature.

2.2 By accessing or using the Domain or giving us your information or otherwise clicking to accept this Policy, if and when prompted on the Domain, you undertake that you have the capacity to enter into a legally binding contract vide. this Policy, which constitutes a legally binding document between you and Vistas under applicable law, in particular, the Indian Contract Act, 1872. Vistas will collect and process your personal and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations. This Policy seeks to ensure that any personal information or third-party information handled by Vistas is managed in a way that is ethical, compliant and adheres to best industry practices.

2.3. Please read the terms and conditions of this Policy carefully, before accessing or using the Domain. By accessing or using the Domain including its services or otherwise clicking to accept this Policy, if and when prompted on the Domain, you agree to the terms of this Policy. If you are accepting this Policy on behalf of another person, you represent and warrant that you have full authority to bind such person to these terms.

2.4. This Policy describes the types of information Vistas collects, why and how Vistas uses the information, with whom Vistas shares it, and the choices you can make about Vistas’s use of the information. This Policy also describes the measures Vistas takes to protect the security of the information and how you can contact Vistas about its privacy practices.

2.5. Further, this Policy describes Vistas’s current data protection policies and practices and may be amended/updated from time to time. Vistas will notify you at least once in a year, or whenever there is a change in the Policy, by email or by posting a conspicuous notice on the Domain regarding its then applicable data protection policies. The Policy shall come to effect from the date of such update, change or modification. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your continued use of the Domain or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.

3. CONSENT

By mere use of the Domain, you expressly consent to Vistas’s use and disclosure of your Personal Information (as defined below) and third-party information in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use the Domain.

4. TYPES OF INFORMATION

4.1. Personal Information is defined as 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.

4.2. Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, telephone number, e-mail address, photograph, or any other contact information, educational qualifications and work experience. Vistas limits the collection of Personal Information to that which is necessary for its intended purpose. Further, Sensitive Personal Data or Information under applicable law (“SPDI”) of a person includes Personal Information about that person relating to passwords, financial information including but not limited bank accounts, credit and debit cards or other payment instruments, physical information. Vistas limits the collection of Personal Information (including, SPDI) to that which is necessary for its intended purpose.

4.3. Non-Personal Information: Non-personal information means information that does not specifically identify an individual, but includes information from you, such as your browser type, the URL of the previous websites you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. Vistas may gather any non-personal information regarding how many people visit the Domain, the pages they visit, their IP address, browser types and versions, time zone settings and locations, operating systems, applications installed on your device, device ID, device manufacturer and type, device, connection information, screen resolution, usage statistics, default communication applications and other technology on the devices you use to access the Domain, and shall include all such Personal Information collected and stored by Vistas that undergoes the process of de-identification and is no more identifiable to you or any natural person(hereinafter referred to as “Non-Personal Information”). Vistas may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by Vistas.

4.4. Usage Information: Usage Information includes without limitation all data and information collected automatically through the Domain (or through the third party analytics service providers), by use and access of the Domain in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Domain including without limitation Non-Personal Information, cookies, Domain traffic, time spent on the Domain, number of visits to the Domain and other similar information and behaviour indicating the mode and manner of use of the Domain (hereinafter referred to as the “Usage Information”).

4.5. Personal Information, SPDI, Non-Personal Information and Usage Information hereinafter shall be referred to as “Information”.

5. COLLECTION OF INFORMATION

5.1. Vistas may collect Information from you when you (a) access the Domain by clicking on any link(s) shared by the Magnetapp; (b) fill any registration form on the Domain; (c) use the Domain for availing any Services provided by the Domain; (d) provide any information as part of Information to the Domain; (e) voluntarily participate in campaigns conducted by Vistas on the Domain or respond to questionnaires published by Vistas on the Domain (if any); and (f) voluntarily complete a survey or provide feedback in relation to the services provided on the Domain.

5.2. You hereby acknowledge and agree that all Information is provided by you to Vistas voluntarily and the Information provided by you is not subject to any undue influence.

5.3. Vistas may use cookies to monitor the Domain usage including, without limitation, to provide useful features to simplify your experience when you return to the Domain, like remembering your Information and to deliver relevant content based on your preferences, usage patterns and location.

5.4. Vistas may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the Domain like your Internet Protocol address, your Operating System, your prior search results etc., which may or may not be publicly accessible.

5.5. Information collected by Vistas from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

5.6. You may use the Domain without providing Vistas any Information about yourself. However, you may not be able to access certain services on the Domain in case you choose to do so.

5.7 Vistas will collect information from your SMS, upon you giving access rights to Vistas for the same.

6 USE OF INFORMATION

6.1. Vistas uses the Information you provide to (a) fulfil your requests for the Services offered on the Domain; (b) provide you with relevant information and/or recommendations with respect to financial products offered by the Partners; (c) share it with its to facilitate your registration for the financial product offered by the Partner; (e) provide you with information about Services available on the Domain and offer you other products and services that Vistas believes may be of interest to you;- and (g) manage Vistas’s relationship with you.

6.2. Vistas may use the Information and have the right to access and read your Short Message Service (SMS) to monitor your use of the Services and may review and analyse the Information provided by you and your messages in order to understand your requirements and to provide you with customized recommendations with respect to products and services.

6.3. Vistas may use your Non-Personal Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing services and identifying usage trends.

6.4. Subject to and in accordance with applicable laws, Vistas has the right to use your Information for the purpose of conducting promotional/marketing related activities on the Domain, including but not limited to, using your Personal Information for making posters/banners to promote Vistas’s services.

6.5. When you send an email message or otherwise contact Vistas through the Domain, Vistas may use the Information provided by you to respond to your communication by way of messages on the Domain, Short Message Service (SMS), email or any other communication channels that Vistas may deem fit. Vistas may also archive such Information and/or use it for future communications with you to inform you regarding updates, newsletters, offers, new services and promotions.

7. INFORMATION SHARING

7.1. Vistas maintains your Information in electronic form on its devices and on the equipment of Vistas’s employees. The Information is made accessible to employees, agents or Partners and third-parties only on a need-to-know basis.

7.2. Vistas shares your Information with third parties, including without limitation, Partners, Magnetapp, and such other persons as may be engaged by Vistas for the purpose of providing Services to you (for instance, Service Tools), to the extent so required.

7.3. Vistas does not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent or to provide Services you have requested for or under the following circumstances: (a) Vistas may share Information with Vistas’s Partners, and affiliates to contact you via email, phone, or otherwise for the provision of services being availed by you on the Domain. (b) Vistas may engage third party vendors and/or contractors, to perform certain support services, who may have limited access to Information. (c) Vistas may share you Information, including Personal Information, with Partners for the purpose of providing you with career and educational opportunities to enable such Partners to contact you via. email or phone. (d) Vistas may rent, sell or share Non-Personal Information or Personal Information in an aggregate form after it undergoes the process of de-identifications and is no more identifiable to you, with any third party. (e) Vistas may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency’s request.

7.4. In addition to the Partners and Magnetapp, Vistas may engage other third party vendors and/or contractors to perform certain support services, including, without limitation, fulfilment of your service requests, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by Vistas to provide its Services efficiently. These third parties may have limited access to Information. If they do, this limited access is provided so that they may perform these tasks for Vistas and they are not authorized by Vistas to otherwise use or disclose Information, except to the extent required by law. Vistas does not make any representations concerning the privacy practices or policies or terms of use of such websites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Vistas of the website, the website provider, or the information on such website.

7.5. The Domain may contain links and interactive functionality interacting with the websites of third parties. Vistas is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such websites or otherwise visiting any such websites, Vistas strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites.

8. THIRD PARTY SERVICE PROVIDERS

8.1 In addition to the Partners and Magnetapp, Vistas may engage other third party vendors and/or contractors to perform certain support services, including, without limitation, fulfilment of your service requests, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by Vistas to provide its Services efficiently. These third parties may have limited access to Information. If they do, this limited access is provided so that they may perform these tasks for Vistas and they are not authorized by Vistas to otherwise use or disclose Information, except to the extent required by law. Vistas does not make any representations concerning the privacy practices or policies or terms of use of such websites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Vistas of the website, the website’s provider, or the information on such website.

8.2 The Domain may contain links and interactive functionality interacting with the websites of third parties. Vistas is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such websites or otherwise visiting any such websites, Vistas strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites.

9. DISCLOSURE TO ACQUIRERS

Vistas may disclose and/or transfer Information to an investor, acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of Vistas’s equity, business or assets.

10. CONTROL OVER YOUR PERSONAL INFORMATION

10.1. You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to Vistas in writing through an email at support@magnetapp.in requesting the same. If you at any time wish to rectify your Personal Information, you may write to Vistas as per paragraph 11 of this Policy.

10.2. Once you withdraw your consent to share the Personal Information, Vistas shall have the option not to fulfil the purposes for which the said Personal Information was sought and Vistas may restrict you from using the Services on the Domain and/or the Domain itself.

10.3. If you wish to discontinue using the Services provided by Vistas on the Domain, you may do so at any time, in accordance with the Terms, by discontinuing your use of the Domain. In other cases, you may discontinue using the Services provided by Vistas on the Domain by writing to Vistas at support@magnetapp.in. However, the Partners who have received your information during the term of your use of the Domain, may continue to retain your Information for such purposes as they may deem fit. Such deletion of Information available with the Partners shall be as per the privacy policy practices of the Partners.

11. RECTIFICATION/CORRECTION OF PERSONAL INFORMATION

11.1. Except the Information shared with the Partners, you shall have the right to review your Personal Information submitted by you to Vistas on the Domain and to modify or delete any Personal Information provided by you directly on the Domain. You hereby understand that any such modification or deletion may affect your ability to use the Domain. Further, it may affect Vistas’s ability to provide its Services to you. Further, you understand that such modification shall not automatically result in the modification of the Information shared with the Partners.

11.2. Vistas reserves the right to verify and authenticate your identity and your Information in any manner in order to ensure accurate delivery of Services. Access to or correction, updating or deletion of your Personal Information and/or SPDI (as the case may be) may be denied or limited by Vistas if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

11.3. If you need to update or correct your Personal Information that Vistas may have collected to offer you personalized services and offers, you may send updates and corrections to Vistas at support@magnetapp.in citing the reason for such rectification of Personal Information. Vistas will take all reasonable efforts to incorporate the changes within a reasonable period of time.

12. TERM OF STORAGE OF PERSONAL INFORMATION

12.1. Vistas shall store your Personal Information at least for such period as may be required and permitted by law or for a period necessary to satisfy the purpose for which the Personal Information has been collected. These periods vary depending on the nature of the information and your interactions with Vistas.

12.2. Vistas may store Non-Personal Information and Usage Information received from you till such time it requires provided such storage and retention is in accordance with applicable law.

12.3. You agree that you will not submit any false information or any illegal or damaging content to the Domain, including while using the Services. Vistas reserves the right to terminate access to or the ability to interact with the Domain in response to any concerns Vistas may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.

13. COOKIES

13.1. Vistas uses cookies and/or other tracking technologies to distinguish you from other users of the Services and to remember your preferences on the Domain. This helps Vistas to provide you with a good experience when you use the Services on the Domain and also allows Vistas to improve such Services. Cookies are text files Vistas places in your mobile phone, tablet or other devices to store your preferences. Cookies, by themselves, do not tell Vistas your e-mail address or other personally identifiable information unless you choose to provide this information to Vistas by, for example, registering on the Domain. They are designed to hold a marginal amount of data specific to a particular user. However, once you choose to furnish the Domain with personally identifiable information, this information may be linked to the data stored in the cookie. Vistas uses cookies to understand Domain usage and to improve the content and offerings on the Domain. For example, Vistas may use cookies to personalize your experience on the Domain (e.g., to recognize you by name when you return to the Domain). Vistas may also use cookies to offer you products, programs, or services. Cookies may be placed on the Domain by third-parties as well, the use of which Vistas does not control.

13.2. Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. You may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Domain and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.

14. PROTECTION OF INFORMATION

14.1. Vistas has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. Vistas takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

14.2. Vistas considers the confidentiality and security of your information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and Vistas will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while Vistas strives to protect Information and privacy, Vistas cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Domain. Vistas will periodically evaluate this necessity considering your privacy and our relationship while keeping the applicable legislation in mind.

114.3. For any loss or theft of Information, due to unauthorized access to your device through which you use the Domain or other reasons solely attributable to you, Vistas shall not be held liable or responsible under any circumstance whatsoever. Further, Vistas shall not be responsible for any breach of security or for any actions of any third parties (including, Partners) or events that are beyond Vistas’s reasonable control 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.

15. MINOR USAGE ON BEHALF OF ANOTHER PERSON

Vistas does not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. Vistas does not intentionally or knowingly collect Personal Information through the Domain from anyone under that age. Vistas encourages parents and guardians to be involved in the online activities of minor to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Domain on behalf of someone else, including but not limited to, on behalf of your minor child/children, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to give consent on behalf of such person to Vistas’s use of such person’s Personal Information as described in this Policy.

16. LIMITATION OF LIABILITY

16.1. Vistas shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under this Policy.

16.2. Vistas is not responsible for any actions or inactions of any third parties that receive your Information.

16.3. Notwithstanding anything contained in this Policy or elsewhere, Vistas shall not be held responsible for any loss, damage or misuse of your Information, if such loss, damage or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond Vistas’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within Vistas’s control and which Vistas is not able to overcome.

17. OPT-OUT

You may receive communication, including but not limited to messages on the Domain, Short Message Service (SMS) and phone calls from Vistas, Magnetapp, and/or the Partners on the registered mobile number and e-mails on your registered e-mail address. You have the option to opt-out of all newsletters and other general email or marketing communications from Vistas by way of links provided at the bottom of each mailer. Vistas respects your privacy and in the event that you choose to not receive such mailers, Vistas shall take all adequate steps to remove you from such lists. Notwithstanding the foregoing, you understand that you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications. Vistas also cannot guarantee availability of such opt-out options from the mailers of the Magnetapp or Partners. You shall be required to contact the relevant Magnetapp or Partner directly in relation to the same.

18. CHANGES TO THIS POLICY

Vistas reserves the right to update, change or modify this Policy at any time. The Policy shall come to effect from the date of such update, change or modification.

19. GOVERNING LAW AND DISPUTE RESOLUTION

This Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, Karnataka. In the event of any dispute arising out of this Policy the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Bangalore, Karnataka.

20. GRIEVANCE REDRESSAL MECHANISM

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below: Name: Mohan Email: support@magnetapp.in Phone No: 7417274072 For registering your complaint, please reach out to the Grievance Officer at the above-mentioned contact details in relation to any violation of this Policy or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

21. CONTACT DETAILS

If you have questions or concerns about this Policy, please contact Vistas at the following email address: support@magnetapp.in.