PRIVACY POLICY (BPP V 1.04)

BY ACCESSING OR USING THE PLATFORM OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE, SHARING, PROCESSING AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

THIS PRIVACY POLICY IS INCORPORATED INTO, AND SUBJECT TO, THE TERMS OF USE. CAPITALISED TERMS USED IN THIS PRIVACY POLICY BUT NOT SPECIFICALLY DEFINED HEREIN SHALL HAVE THE MEANINGS ASCRIBED TO SUCH TERMS IN THE TERMS OF USE.

The “Platform” shall mean this internet based electronic B2B e-commerce platform (https://www.jswonemsme.com/), and/or an application, website and/or web page (including but not limited to any web app, marketing landing page(s) and/or iOS/Android app or any other app that the buyer may be using to access/communicate with JSW One), owned and/or operated, directly or indirectly, by JSW One.

This Privacy Policy governs the usage of information and the ways in which You can protect Your privacy. This Privacy Policy is published in pursuant to (i) Section 43A of the Information Technology Act, 2000; (ii) Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011; and (iii) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDIRules”), is applicable to all users of the Platform (“User”) and visitors of the Platform.

In accordance with the SPDI Rules, any sensitive personal data or information of a person means and includes such personal information about that person relating to:

a) Passwords; b) Financial information such as bank accounts, credit and debit card details or other payment instrument details; 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.

Certain information provided by Users may allow for personal identification of the Users, including email addresses, telephone numbers and other contact information.

It may be noted that any 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 regarded as sensitive personal data or information, or as personally identifiable information.

1. Your Information

1.1 A condition of each User’s use of and access to the Platform, is his/her/its acceptance of the terms of use (“Terms of Use”), which also involves acceptance of the terms of this Privacy Policy. Any User who does not agree with any provisions of the Terms of Use or this Privacy Policy is advised not to accept the Terms of Use and not use the Platform.

1.2 JSW One collects the following types of information about You when You use the Platform: Account Information, Demographic Information, Financial Information, Behavioural Information, Indirect Information (collectively, “Information”) and User Information.

1.3 In order to use the Platform, You are required to provide Us with Your details including but not limited to Your name, address, third party sign-in information shared on the other website (such as Facebook, Google, Twitter or Pinterest), contact number and email address, know-your customer (KYC) documents, GST registrations and related information, information regarding the services You browse and email communication by/with Us such as product enquiry, order and transaction related information, disputes or complaints (“Account Information”).

1.4 “Personal Information” is defined under the SPDI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such a person. Should any of the information defined below be classified as Personal Information, You hereby agree that We may collect, use, share, process and/or disclose the Personal Information for the purposes as set out in this Privacy Policy.

1.5 We may collect from You, information that is not unique to You, in the sense that it refers to selected population characteristics, such as Your postal code, IP location, URL and occupation (“Demographic Information”).

1.6 For the use of the Services and purchase of Products, You may be required to pay JSW One with a credit card, electronic-transfer, debit card or other applicable modes of payments through JSW One’s third-party payment gateway provider. For availing of financing options on the platform You may be further required to apply to potential financiers on the Platform. Such third party payment gateway providers and financiers may be required to collect certain financial information from You including, but not restricted to, Your credit / debit card number or Your bank account details, bank statements, annual reports, GST data (collectively referred to as “Financial Information”). All Financial Information collected from the Users’ by JSW One’s third-party payment gateway providers and financiers will be used for billing and payment processes and evaluate and provide financing options. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which JSW One shall have no role to play.

1.7 We also collect information regarding how You use the Platform. This includes the areas of the Platform that You visit, and information about Your computer hardware and software including Your IP address, browser and operating system type, IMEI number and MAC address of the computer/device from where the Platform was accessed, domain names, access times, locations which may also include global positioning system coordinates or similar information regarding the location of the device using which the User has visited or used the Platform, Your previous orders and transactions including the product and pricing details, transaction information and payment and browsing history (“Behavioural Information”).

1.8 Your use of certain third-party services on the Platform requires Us to collect such information as is considered necessary for that purpose (“Indirect Information”).

1.9 We also collect your details including but not limited to information regarding your transactions on the Platform (including purchase history). We also collect details including Your information such as passwords, financial information such as bank account information or credit card or debit card or other payment instrument details, any other items of “sensitive personal data or information” as such term is defined under the SPDI Rules; identification code of your communication device which You use to access the Platform or otherwise deal with any JSW One entity, any other Information that You provide during Your registration process, if any, on the Platform and any other information that You voluntarily choose to provide to us (“User Information”).

1.10 JSW One may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. JSW One may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.

1.11 JSW One may choose to conduct contests and surveys to collect relevant information about the Users’ preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides while availing or signing-up for the Services and through any surveys or contests is used to help JSW One improve its services to meet the needs and preferences of Users.

1.12 JSW One 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 Financial Information and Personal Information that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. It is expressly stated that JSW One shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of JSW One including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.

1.13 JSW One or its Affiliates, parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister concerns, service providers and service partners and other third parties (collectively referred to as “Other Parties”) may merge with or be acquired by another business entity. In such an event, JSW One and the Other Parties may be required to transfer the Personal Information to such merging or acquiring party, as the case may be. While sharing such Personal Information with the acquiring or merging entity, as the case may be, JSW One and the Other Parties shall make reasonable endeavours to ensure that the User’s Personal Information is duly protected by the acquiring or merging entity, as the case may be, by undertaking security measures prescribed under applicable laws.

1.14 JSW One may also disclose or transfer the personal and other 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 JSW One transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to JSW One.

1.15 JSW One may be required to disclose Personal Information or Financial Information to governmental institutions or authorities when such disclosure is requisitioned under any law or judicial decree or when JSW One, in its sole discretion, 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 the Terms of Use.

1.16 The User’s visit to and/or use of the Platform and any dispute over privacy is subject to this Privacy Policy and the Terms of Use. JSW One may update this Privacy Policy at any time, with or without advance notice. JSW One shall not be required to notify the Users of any changes made to this Privacy Policy. It is your responsibility, in such cases, to review the terms of this Privacy Policy from time to time.

1.17 The User consents to JSW One reproducing / publishing all testimonials and reviews given by the User (whether on the Platform social media platforms, or in any other manner whatsoever) in relation to JSW One or any of the Products, together with the User’s name and location, on the Platform, on such page and in such position as JSW One may determine in its sole discretion. The User agrees that JSW One may edit the testimonials and reviews provided by the User and reproduce / publish such edited or paraphrased versions of the testimonials and reviews on the Platform. If the User has any concerns with the reproduction / publication of any testimonial or review provided by the User on the Platform, the User may contact JSW One at jswone.compliance@jsw.in

1.18 If You use the Platform on behalf of someone else (such as Your company, partnership or trust) You represent that You are authorised by such entity to accept this Privacy Policy on such entity’s behalf, and consent on behalf of such entity to our collection, use, sharing, processing and disclosure of such entity’s information as described in this Privacy Policy.

1.19 All the information provided to JSW One by a User, including Information, is voluntary. The User has the right to request the withdrawal of his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use. It is the User’s duty to ensure strict caution while giving out any Information about himself/herself/itself or his/her family members in use of any of the Services. JSW One does not endorse the content, messages or information found in any Services and therefore, JSW One specifically disclaims any liability with regard to the Services and any actions resulting from the User’s participation in any Services. As a condition to use the Services, you as a User agree to waive any claims against JSW One relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against JSW One relating to the same.

2. Use of information

2.1 We may use Your Information for the following purposes:

(i) To identify the User, to understand his/her/its needs and resolve disputes, if any;

(ii) To set up, manage and offer Products and to enhance the services to meet the User’s requirements;

(iii) To provide ongoing service;

(iv) To meet legal and regulatory requirements;

(v) To resolve technical issues and troubleshoot problems;

(vi) To aid JSW One in collecting monies from Users for transactions carried out on the Platform;

(vii) To facilitate financing for purchase of Products;

(viii) To keep Users appraised of JSW One’s (or third parties’) promotions and offers;

(ix) To customize User experience;

(x) To advertise the Products and to increase the sale of Products;

(xi) To detect and protect JSW One from error, fraud and other criminal activities;

(xii) To enforce the Terms of Use; and

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

(collectively, the “Purposes”).

2.2 Additionally, We use Demographic Information, Behavioural and Indirect Information of the Users collectively, such as what areas Users visit most frequently and what Services Users access the most. Such data is used anonymously and in the aggregate. This information helps Us determine what is most beneficial for the Users.

2.3 The Financial Information collected from the Users is transacted through secure digital platforms of approved payment gateways/financiers which are under encryption, thereby complying with reasonably expected technology standards. While JSW One shall make reasonable endeavours to ensure that the User’s Personal Information and the Financial Information is duly protected by undertaking security measures prescribed under applicable laws, the User is strongly advised to exercise discretion while providing Personal Information or Financial Information while using the Services given that the Internet is susceptible to security breaches.

3. Disclosure of the information

3.1 We disclose Your Information to third parties in the manner specified below, including, but not limited to:

(i) Sellers listed on the Platform and related service providers and logistics partners, for the purposes of servicing and delivering and providing credit period with respect to the orders placed by You on the Platform;

(ii) Potential financier for availing financing for Your purchases on the Platform;

(iii) disclosing Your Information to companies, agencies, individuals and other third parties who are authorised by Us to perform functions on our behalf. We may transfer Information or User Information to a third party (in India or outside India) such as sellers, affiliates, agents, contractors, third party service provides that process or will process Your information or User Information on our behalf including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres, to improve the Platform;

(iv) We may share Your Information with our partners, affiliates, manufacturers and traders of the Products sold on the Platform (both for commercial and non-commercial purposes), so that they too may understand the activities of Users and visitors on the Platform and Products sale related information, and can contribute in creation of a better overall experience for Users and visitors. We may also share Your information with the partners and affiliates, other Platform visitors, and other third parties so that they can understand the kinds of visitors and how they use the Platform in order to serve advertisements and other kinds of marketing information to You on the Platform;

(v) We may disclose and transfer Your Information or User Information to a third party who acquires the business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of the assets; or

(vi) We may disclose Your Information if legally required.

3.2 Subject to applicable law, We may, at Our sole discretion, transfer Information to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us under the terms hereof, whether located in India or any other country. By using the Platform, You accept the terms hereof and You hereby consent to the storage and processing of information in any of the above locations.

4. Changes to Your Information

4.1 You may review, correct, update, change or delete Your Account Information or User Information on the Platform. You can delete any part of the Account Information or User Information or request us to delete your Account Information or User Information, which we would do, unless we must keep certain information for legal purposes.

4.2 We reserve the right to verify and authenticate Your identity and Your Account Information in order to ensure accurate delivery of Services. Access to or correction, updating or deletion of Your Account Information may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

5. Security of Your Information

5.1 We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect Your Information and User Information against loss, misuse, copying, damage or modification and unauthorized access or disclosure. Some of the security measures adopted by Us are:

(i) We review Our information collection, usage, storage, processing and disclosure practices, including physical security measures, to guard against unauthorized access to systems; and

(ii) We restrict access to Your Information to Our employees, agents and partners who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.

5.2 All JSW One employees and data processors, who have access to and are associated with the processing of Personal Information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s Personal Information or Financial Information.

5.3 All information collected from the Users by JSW One is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of JSW One. The User information may also be converted to physical form from time to time. Regardless of the manner of storage, JSW One shall make commercially reasonable endeavours to ensure that the User information is rendered confidential, and will disclose User information only in accordance with the terms of this Privacy Policy.

5.4 If You wish to cancel Your account or request that We no longer use Your information to provide You Services, contact Us at jswone.compliance@jsw.in. After a period of time, Your data may be anonymized and aggregated, and then may be held by Us as long as necessary for Us to provide Our Services effectively, but Our use of the anonymized data will be solely for analytic purposes. Please note that Your withdrawal of consent or cancellation of account may result in Us not being able to provide You with Our Services.

5.5 The Platform uses temporary cookies to store certain data. JSW One does not store personally identifiable information in the cookies. Information collected by JSW One, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by JSW One and may be used by JSW One and third-party service providers for technical administration of the Platform, user administration, research, development, and other purposes. Additionally, JSW One may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to Other Parties.

5.6 A User may set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer, mobile telecommunication device, or any such device being used to access the Platform, it may impair, degrade or restrict access to certain areas of the Platform. Merely closing the web browser should ordinarily clear all temporary cookies installed by JSW One. However, Users are encouraged to use the “clear cookies” functionality of their browsers to ensure deletion, as JSW One cannot guarantee, predict or provide for the behaviour of the equipment of all the Users of the Platform.

6. External links on the Platform

6.1 JSW One may allow other companies or entities to serve advertisements, research and news to Users and on the Platform. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research and news firms. JSW One may target some advertisements to Users that fit a certain general profile. JSW One does not use personally identifiable information to target advertisements to specific Users. In the course of serving advertisements or optimising the Services to its Users, JSW One may allow authorised third parties to place or recognise a unique cookie on the User’s browser.

6.2 JSW One does not exercise control over the third-party websites displayed as links from within the Platform. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit Personal Information or Financial Information from the Users, for which JSW One shall not be held responsible or liable. JSW One does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does JSW One 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 does not imply any endorsement by JSW One of such websites, the websites’ provider, or the information on the website.

7. Opt-Out Policy

7.1 You agree and consent to receive all communications, including but not limited to text messaging services or over-the-top communication services (including inter alia WhatsApp, Facebook Messenger, Telegram, Google, Signal, JioChat), at the mobile number provided by You, or any such number which may be provided to JSW One from time to time, even if such mobile number is registered under DND/NCPR list under the Telecom Regulatory Authority of India (TRAI) regulations. Notwithstanding Your registration with the National Do Not Call Registry (in the fully or partly blocked category under National Customer Preference Register set up by TRAI), You hereby express Your interest and accord informed consent to receive communications (including commercial communications) in relation to JSW One's services. You further confirm that no communication to You from JSW One or on behalf of JSW One shall be construed as “unsolicited commercial communication” under Regulation 2(bw) of the Telecom Commercial Communications Customer Preference Regulations, 2018 and You have specifically opted to receive communications in this regard on the mobile number provided by You or any such number which may be provided to JSW One from time to time. And for that purpose, You further authorise JSW One to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers of JSW One.

7.2 All Users may opt-out of receiving non-essential, promotional, or marketing-related communication from JSW One. These settings can be found on the Website. You can alternately address the said opt-out requests to the Grievance Officer. If a User wishes to remove his/her/its contact information from JSW One’s call/email lists and newsletters, the User can contact the Grievance Officer in this regard. JSW One however reserves the right to limit accessibility to the Platform and related services provided by it based on availability of information from the Users.

8. Grievance Officer and Contact information

Users can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If you believe that your rights are being infringed or you have any grievances, complaints or concerns, including in relation to the information shared by the User with JSW One on the Platform, you may reach out to our grievance officer through telephonic or electronic mode in the following manner: 

Name: Sherien Kaul Address: Grande Palladium 6th Floor, CST Road, Kalina, Mumbai 400098. Email: jswone.compliance@jsw.in  Phone Number: +91 22 6854 2400

We respond expeditiously to rights owners and their agents who communicate their concerns about any alleged infringement in the manner provided under this Privacy Policy.

9. Applicable Law and Dispute Resolution

The Privacy Policy and applicable additional terms/policies shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes pertaining to the Privacy Policy shall be subject to the dispute resolution provisions provided for under the Terms of Use.