MyTrack APP - Privacy Policy

EZEEPAY - PRIVACY POLICY

Retail Scan Management Services Private Limited ("Retail Scan"), a company incorporated under the Companies Act, 1956, Company Identification Number (CIN) U74120MH2011PTC224659 and having its registered office and primary business address at 2nd Floor Suashish IT Park CTS No 68/E, Plot 134(1) Dattapada Road, Village Magathane, Borivali (East), Mumbai 400 066. Retail Scan provides services like Retail Store Audit Services, Third-Party Payout Services, Market Research and Market Intelligence Services and Other Retail Management Support Services to its Clients. It owns and operates a mobile application viz., MyTrack App ("Platform" or "App").

This Privacy Policy describes the policies and procedures applicable to the collection, use, disclosure and protection of Your information shared with Us while You use the App, and for the purpose of this Privacy Policy "We", "Us", or "Our" refers to Retail Scan, wherever context so require and the terms "You", "Your", "Yourself" or "User" refer to user of the App. We value the trust You place in Us. That is why, we maintain reasonable security standards for securing the transactions and Your information.

This Privacy Policy is an electronic record under the Information Technology Act, 2000 and the rules made thereunder. This Privacy Policy does not require any physical, electronic, or digital signature by Us and has been published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder that require publishing the privacy policy and terms of use on the App.

This Privacy Policy specifies the manner in which Your information is collected, received, stored, or otherwise handled by Us.

By visiting the App or setting up/creating a user account (Account) on the App, You accept and agree to be bound by the terms and conditions of this Privacy Policy and consent to Us collecting, storing & processing information including Your Personal Information (Name, Telephone, Physical Address or Pan Card, etc.) are collected in accordance with this Privacy Policy.

If We make any significant changes to this Privacy Policy, it will be posted here in the App. You should access our privacy policy regularly to ensure you understand our current policies. Retail Scan will attempt to respond to all reasonable concerns or inquiries within reasonable time.

This Privacy Policy is incorporated into and subject to the terms of use available on the App ("Terms") and shall be read harmoniously and in conjunction with the Terms. All capitalized terms used herein however not defined under this Privacy Policy shall have the meaning ascribed to them under the Terms.

1. Collection of Information: We collect various information from You when You access or visit the App, register or set up an Account on the App or use the App. You are required to set up an Account on the App. This Privacy Policy applies to information(s), as mentioned below and collected about You:

(a) Personal Information: You may provide certain information to Us voluntarily while registering on the App for availing Services including but not limited to Your complete name, mobile number, email address, date of birth, gender, age, address details, proof of identity such as Permanent Account Number (PAN), passport, driving license, the voter's identity card issued by the Election Commission of India, or any other document recognized by the Government for identification, and any other information voluntarily provided through the App ("Personal Information"). The act of providing Your Personal Information is voluntary in nature and We hereby agree and acknowledge that We will collect, use, store, deal with such details in compliance with applicable laws and this Privacy Policy.

(b) Sensitive Personal Information: For the purpose of this Privacy Policy, Sensitive Personal Information consists of information relating to the following: passwords; financial information such as bank account or other payment instrument details or any details relating given to Retail Scan for providing services; any other information that may be regarded as Sensitive "Personal Information" as per the prevailing law for the time being in force.

2. Use of information: We use the information, for the following:

(a) for internal business purposes and services, including without limitation, third party payout services, Statutory compliances, IT support services, and data analysis services or any other financial services;
(b) to inform You about any updates;
(c) to enforce and inform about Our Terms;
(d) to process and fulfil Your request for Services or respond to Your comments, and queries on the App;
(e) to contact You through email, SMS, WhatsApp, telephone and any other mode of communication in relation to the Services;
(f) to communicate important notices or changes in the Services, use of the App and the Terms/policies which govern the relationship between You and Retail Scan, as applicable;
(g) to conform to the legal requirements, compliance/reporting to regulatory authorities, as may be required and to comply with applicable laws;
(h) To disseminate information regarding schemes, offers, new launch etc, provided by various clients of Retail Scan to you for business purposes.
(i) to carry out Our obligations and enforce Our rights arising from any contract entered into between You and Us; and
(j) for any other purpose after obtaining Your consent at the time of collection.

Purposes

3. Sharing of Information:

(a) Compliance with law: We may disclose Your information including Personal Information, to the extent necessary: (a) to comply with laws, regulatory requirements and to respond to lawful requests and legal process or an investigation, (b) to protect Our rights and property, the users, and others, including to enforce the Terms or to prevent any illegal or unlawful activities, and (c) in an emergency to protect Our personal safety and assets the users, or any person. In all such events We shall in no manner be responsible for informing You or seeking Your approval or consent. We may also share aggregated anonymized (and de-identified) information with third parties at Our discretion.

4. Security Precautions and Measures:

a) any security breaches on third-party websites or applications or for any actions of third-parties that receive Your Personal Information; or

b) any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. For the purpose of this Privacy Policy, a "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.

c) The App will take appropriate steps to protect the information you share with us. We have implemented technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access and improper use or disclosure. The App will continue to enhance our security procedures as new technology becomes available.

5. Retention of Your Personal Information: We maintain records of Your Personal Information only till such time it is required for the Purposes, or for as long as required by applicable law. When You request us to delete Your information, we will honour the said request, but we may retain certain information about you for the purposes authorized under this Privacy Policy unless prohibited by law.

6) Your Consent, Rectification and Changes to Privacy Policy: Your acknowledgement: All information disclosed by You shall be deemed to be disclosed willingly and without any coercion. No liability pertaining to the authenticity / genuineness / misrepresentation /fraud / negligence of the information disclosed shall lie on Us nor will We be in any way responsible to verify any information obtained from You.

7) Rectification of Your information: You may review, correct, update and change the information that You have provided to Us, at any point by making changes on the mobile application Homepage ->Settings Icon -> Profile. Should You choose to update Your Personal Information or modify it in a way that is not verifiable by Us, or leads to such information being incorrect, We will be unable to provide You with access to the App or the Services. We reserve the right to verify and authenticate Your identity and Your Personal Information in order to ensure that We are able to offer You Services and/or make available the App. We can only keep Your Personal Information up-to-date and accurate to the extent You provide us with the necessary information. It is Your responsibility to notify Us of any changes in Your Personal Information. Access to or correction, updating or deletion of Your Personal 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.

8) Changes to Our Privacy Policy: We reserve the unconditional right to change, modify, add, or remove portions of this Privacy Policy at any time, and shall provide a notice to You of such changes. Any changes or updates will be effective immediately. You should review this Privacy Policy regularly for changes. You can determine if changes have been made by checking the “Last Updated” legend above. Your acceptance of the amended Privacy Policy by continuing to visit the App or using the Services, shall signify Your consent to such changes and agreement to be legally bound by the same.

9) Grievance Officer: We have appointed a grievance officer, under authorization, in accordance with the Information Technology Act, 2000 and the rules made thereunder, for the purpose of redressing any grievances or complaints You may have regarding the handling of Your Personal Information. You can contact the designated Grievance Officer for the purpose of this Privacy Policy, namely, [Ankush Jain], at [care@retail-scan.com]

Questions?: Please feel free to contact at this [info@retail-scan.com] regarding any questions on the Privacy Policy. We will use reasonable efforts to respond promptly to requests, questions or concerns You may have regarding Our use of Your Personal Information. Except where required by law, We cannot ensure a response to questions or comments regarding topics unrelated to this Privacy Policy or the privacy practices specified herein.

11) DATA RETENTION: We will keep your personal data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law, whichever is longer. To determine the appropriate retention period for your personal data, we will consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we use your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

12) CONTACT US: To request access to personal data relating to you which is processed by Retail Scan, and/or if you have any questions about the handling of personal information, please send an email to care@retail-scan.com.

2. ELIGIBILITY:

2.1 - You must be competent, legally and otherwise to contract in order to access, register and use the Platform in the manner set forth in Section 11 of the Indian Contract Act 1872, and hence you have the right, authority and capacity to use the Platform, and your therefore agree to abide by this Agreement.

2.2 - The Services under Ezee Pay App are available to Users whose information/ data are collected through App and with who have entered into an Agreement with Retail Scan.

2.3 - Ezee Pay App Services are not available to any public at large but restricted to Users who has provided their Personal and Sensitive data and having an agreement with Retail Scan.

2.4 - You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, in the event of any violation of the T&Cs, Retail Scan reserves the right to suspend or permanently prevent You from availing Services or using the App.

3. CONDITIONS FOR USE:

In order to avail the Services listed on the Platform, you shall be required to fulfill the following conditions, you will need to register and create an account. When you create an account, you will be asked for basic registration information, such as an email address, phone no, Permanent Account No., username, and password. You may also be asked to provide identification information to confirm your identity, including your first and last name, username, address, and phone number.

4. SERVICES:

The services provided by the App include without limitation, accessing details of the entire outlet information in one glance like A/c Number, GST, Store Details, etc. This helps Users to instantly update the details as needed with requisite images that bear testimony to his KYC details, Invoice generations, E-passbook for tracking detailed statement of amount paid, month and other program, repository of all notifications, access schemes and discounts shared by the Fast-Moving Consumer Goods ("FMCG") company, query resolution through experts, etc. The App allows the store owner to update his/her KYC credentials, issue service invoices to provide the FMCG firm with optimal visibility for its items, obtain his Form 16. The app allows the user to view the payment history at the transaction, manufacturer or brand level. The app keeps a record of all the transactions and allows the user to download the transaction statements and invoices in pdf format and the same can be shared on third-party apps like WhatsApp and Email. The app allows the manufacturers to view sales target and their loyalty program earning potential. The app features promotional campaigns viz. spin the wheel and shuffle cards where the users can participate and win rewards. The app allows the users to participate in surveys and the users can further show their interest in promotional offers and view such offers under the offers tab.

5. PROHIBITED CONDUCT:

By accessing or using the Platform or by availing the Services, You agree not to:

violate these terms;

impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity;

infringe our or any third party’s intellectual property rights, rights of publicity or privacy;

remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Platform;

reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Ezee Pay App Services or Platform or any part thereof;
use the Ezee Pay App Services or the Platform in any manner that could damage, disable, overburden, or impair the Services provided by Retail Scan;
use any device, software or routine to bypass the Platform or attempt to interfere, with the Services provided;
sell the Services, information, or software associated with or derived from it;
use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
record or provide false, inaccurate or misleading information;
take any action that may cause Retail Scan to lose any of the Services.

6. LISTING CONTENT ON THE PLATFORM:

6.1 - The Platform may contain links to the websites/domains of third parties, as well as affiliates and business partners of Retail Scan. In such cases, Retail Scan has no control over, and shall therefore, not be liable or responsible, under any circumstances whatsoever, for the correctness, accuracy, authenticity reliability of such links/websites/domains, which are listed on the Platform. You may access or use these links/websites/domains at your own risk.

6.2 - Retail Scan shall not assume any responsibility or liability whatsoever, for any damages, viruses or malware that may harm your device on account of your access, use or browsing of the Platform, or any links/websites/domains listed thereon, or due to the downloading of any material, data, text, images, video or audio content, from the Platform, or from any links/websites/domains listed thereon.

7. OWNERSHIP OF CONTENT:

7.1 - Any information or content, published by Retail Scan, directly or indirectly, shall belong to Retail Scan. The copying of any such content or information for commercial purposes shall constitute a violation of Retail Scan’s copyright, and Retail Scan reserves the right to take appropriate legal action under applicable law, before the competent court.

7.2 - The title and ownership of the contents of the Platform, including but not limited to information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and presentation of content on the Platform, at all times, shall vest with Retail Scan, along with the intellectual property (copyrights, trademarks, patents), design and all other related rights. You shall not modify, reproduces, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.

8. REPRESENTATIONS & WARRANTIES:

8.1 - You represent and warrant to us that:

8.1.1 - Your use of the Platform will not violate any applicable laws of the jurisdiction/region from where you are accessing the Platform;
8.1.2 - Any content uploaded by you on the Platform, or any information submitted by you on the Platform does not infringe applicable laws, rules, including but not limited to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("SPDI"), any third-party rights, including but not limited to intellectual property and privacy rights.
8.1.3 - All information submitted on the Platform is correct, true, accurate and does not violate any applicable laws.

8.2 - Your use of the Platform conveys your acceptance of the terms of Retail Scan's Privacy Policy. Retail Scan shall not in any manner be liable for the correctness, authenticity or accuracy of the information submitted by you, and the same shall solely be your responsibility.

8.3 - By using the Platform, you represent and warrant that:

8.3.1 - All registration information you submit will be true, accurate, current, and complete;
8.3.2 - You will maintain the accuracy of such information and promptly update such registration information as necessary;
8.1.3 - You have the legal capacity and you agree to comply with these Terms.

8.4 - If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information to the Platform, and/or Retail Scan is of the reasonable belief that the information provided on the Platform is false, misleading, incorrect, inaccurate or incomplete, then Retail Scan reserves the right to discontinue your use of the Platform, and may suspend/terminate your account for the said reasons, or take any other action that it may deem appropriate or necessary, as the case may be, including legal action in against any user creating a fake account on the Platform.

8.5 - You will not use the Platform for any illegal or unauthorized purpose.

8.6 - Your use of the Platform will not violate any applicable laws or regulation.

9. COMMUNICATION AND SUBSCRIPTION:

9.1 - Your acceptance of these Terms shall also include your acceptance towards any news, updates, offer/campaign-related SMSs, to the contact number provided by you. By accessing, registering on the Platform, and thereby verifying your contact number for the same, and subsequently using the Platform, you thereby explicitly consent to receiving such communications from us through phone call, SMS, e-mail, or any other digital or electronic media from us, or any of our authorized personnel/representatives regarding any new products, services and offers.

9.2 - You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us at any time by referring to and following the instructions contained in such communications.

9.3 - You agree to cooperate with Retail Scan, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:

9.3.1 - Obtaining feedback/reviews with respect to the Platform.
9.3.2 - Resolving complaints/grievances raised by you with respect to your use of the Platform.

10. INTELLECTUAL PROPERTY RIGHTS:

10.1 - The intellectual property rights (IPR), as well as design and any other related rights, in the Platform, including any and all content posted on the Platform shall at all times vest with Retail Scan, and any reproduction, transmission, commercial use of any or all the material thereof is strictly prohibited, and Retail Scan reserves the right to take appropriate legal action for the same before the competent courts, if necessary.

10.2 - You agree and undertake not to upload, post, disseminate, reproduce, or distribute any content on the Platform, either belonging to Retail Scan or to any third party, without obtaining written consent from the person/entity in whom the rights to such content are vesting. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the holders/owners of such rights to pursue appropriate legal action against you before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the Platform shall in any way be construed to grant any user, any right to use any proprietary information or intellectual property of Retail Scan without obtaining written permission for the same.

10.3 - You agree and understand that that any breach of this condition, or of the Agreement, by you would cause irreparable damage to Retail Scan, and Retail Scan therefore, reserves the right to seek injunctive relief against you, in addition to other remedies available in law and equity, before the competent court/legal forums.

11. TERMINATION:

You agree that Retail Scan, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Platform. Retail Scan may also in its sole discretion and at any time discontinue to providing access to the App Services, or any part thereof, with or without notice. Upon termination for any reason, You agree to immediately stop using the Services.

12. INDEMNIFICATION:

You agree to indemnify, save, and hold Retail Scan, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services or of the Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations and covenants made by You herein. Retail Scan reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Retail Scan, including rights to settle, and You agree to cooperate with Retail Scan’s defense and settlement of these claims. Retail Scan will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

13. MODIFICATION OF THIS AGREEMENT:

Retail Scan reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively,changes) at any time by posting notification on the Platform/website of Retail Scan or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Platform. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Services/ Platform. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes.

14. SEVERABILITY:

If any provision of this Agreement is rendered void, illegal, or unenforceable in any respect under any Law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties hereto agree that this Agreement is subject to applicable laws and would be modified / discontinued by Retail Scan based on the prevailing law.

15. SURVIVAL:

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

16. HEADINGS:

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

17. ENTIRE AGREEMENT:

This Agreement is the entire agreement between You and Retail Scan relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Retail Scan in accordance with the terms of this Agreement.

18. GOVERNING LAW AND DISPUTE RESOLUTION:

This Agreement shall be governed by the laws of India, and the courts at Bengaluru, Karnataka, shall have the appropriate jurisdiction, to adjudicate any disputes that may arise between Retail Scan and you with respect to this Agreement, including with respect to your use of the Platform, and/or any information provided by you on the Platform.

19. NO WAIVER:

No default or delay on the part Retail Scan in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right preclude any exercise of other rights, powers, or privileges. Further, no notice to or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Retail Scan to any other or further action in any circumstances without notice or demand.

20. REDRESSAL OF COMPLAINTS AND QUERIES:

In case you have any complaints, grievances, or queries with respect to these Terms, or the Platform, you may reach out to our Redressal Officer through the below mentioned details:

Book Appointment