1.1. The website name https://www.onecode.in/ and the associated mobile application titled ‘OneCode’ along with all upgrades, updates, enhancement and modifications thereto (hereinafter referred as (“App”), 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).
1.3. This Policy shall be deemed to be incorporated into the End User License Agreement applicable to you as a user of the App (“EULA”) and shall be read in addition to the EULA. In the event of any conflict between this Policy and the EULA, 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 EULA.
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.
1.5. 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 App.
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 App or giving us your information or otherwise clicking to accept this Policy, if and when prompted on the App, 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 EULA and conditions of this Policy carefully, before accessing or using the App. By accessing or using the App including its services or otherwise clicking to accept this Policy, if and when prompted on the App, you agree to the EULA 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 EULA.
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 measuresVistas 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 App 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 App or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.
3.1. By mere use of the App, 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 EULA of this Policy, please do not use the App.
3.2. In case you wish to avail any or all of the Services provided by Vistas on the App, you are required to register on the App and thereafter access the App using the login credentials provided by you at the time of registration as set out in the EULA (“Login Credentials”). You hereby explicitly agree that your use of the Login Credentials shall be governed by the EULA read with this Policy.
3.3. You hereby appoint Vistas Technolabs Private Limited, ( the Company), having its registered office at 1105, Rawal Ji Ka Bazar, Near Hotel Sun City, Ganga Pol, Jaipur, Rajasthan- 302002 IN , as your lawful agent to receive your credit report/credit history (“Credit Information”) from Credit Information Companies (“CICs”) as notified by Reserve Bank of India.
3.4. You further authorize the Company to share with CICs, your personal information/details to procure my Credit Information on a monthly frequency and use the same to provide you with service of offering financial products suited to your needs (“Purpose”).
3.5. You understand and acknowledge that the CIC shall not be liable under law or equity, in any manner whatsoever, for providing my Credit Information to the Company and you will not raise any claim or objections against the CIC. You confirm that this consent is given by my free will and not due to any solicitation by any person/entity.
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 (“SPDI”) under applicable law of a person includes Personal Information about that person relating to passwords, financial information including, but not limited to, 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 App, 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 App, 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 App (or through the third party analytics service providers), by use and access of the App in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the App including without limitation Non-Personal Information, cookies, App traffic, time spent on the App, number of visits to the App and other similar information and behaviour indicating the mode and manner of use of the App (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) register on the App as a OneCoder; (b) fill any registration details requested from you on the App; (c) use the App for availing any Services provided by the App; (d) provide any information as part of Information to the App; (e) voluntarily participate in campaigns conducted by Vistas on the App or respond to questionnaires published by Vistas on the App (if any); and (f) voluntarily complete a survey or provide feedback in relation to the services provided on the App; and (g) carry out any other transactions on the Platform. App.
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.
5.4. Vistas may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the App 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 App without providing Vistas any Information about yourself. However, you may not be able to access certain services on the App in case you choose to do so.
6. USE OF INFORMATION
6.1. Vistas uses the Information you provide to (a) manage your Account; (b) fulfil your requests for the Services offered on the App; (c) provide you with relevant information with respect to the Partners and Partner Products to enable you to share the same with the End Users; (d) respond to your inquiries about its offerings and the transactions carried out on the App; (e) provide you with information about Services available on the App and offer you other products and services that Vistas believes may be of interest to you; (f) resolve any glitches on the App including addressing any technical problems; and; (g) manage Vistas’s relationship with you.
6.2. Vistas may use the Information to monitor your use of the Services and may review and analyse the Information provided by you to provide you with customized recommendations.
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 App, 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 App, Vistas may use the Information provided by you to respond to your communication by way of messages on the App, 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 and such other persons as maybe 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 App.
(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.
8. THIRD PARTY SERVICE PROVIDERS
8.1. In addition to the Partners, 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 EULA 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 App 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, EULA, 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 EULA 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 email@example.com requesting the same. If you at any time wish to rectify your Personal Information, you may write toVistas as per paragraph 11 of this Policy.
10.2. Once you withdraw your consent to share the Personal Information, collected by Vistas and/or delete/deactivate your Account (as applicable), 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 App and/or the App itself.
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 App and to modify or delete any Personal Information provided by you directly on the App. You hereby understand that any such modification or deletion may affect your ability to use the App. 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 Account 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 personalised services and offers, you may send updates and corrections to Vistas at firstname.lastname@example.org 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 App, including while using the Services. Vistas reserves the right to terminate access to or the ability to interact with the App in response to any concerns Vistas may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
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 App 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, unauthorised 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 App. Vistas will periodically evaluate this necessity considering your privacy and our relationship while keeping the applicable legislation in mind.
14.3. Access to your Account on the Platform is via. your Login Credentials which helps to secure your Account information. You are solely responsible for maintaining the confidentiality of your Login Credentials. To ensure safety of your Information, you are advised against sharing your Login Credentials with anyone. If you suspect any unauthorised use of your Account, you must immediately notify Vistas. You shall be liable to indemnify Vistas for any loss suffered by Vistas due to such unauthorised use of your Account.
14.4. For any loss or theft of Information, due to unauthorised access to your device through which you use the App 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 App 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 App 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.
You may receive communication, including but not limited to messages on the App, Short Message Service (SMS) and phone calls from Vistas, and/or the Partners on the registered mobile number and e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the App and promotions that are undertaken by Vistas and/or the career and the educational opportunities you wish to pursue. 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 Partners. You shall be required to contact the relevant 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 Singhal
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 EthicsCode) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made there under.
21. CONTACT DETAILS
If you have questions or concerns about thisPolicy, please contact Vistas at the following email address: email@example.com