The mobile application ‘Plastic-ScrapWala formerly known as PETscrapWala’ and Website https://www.petscrapwala.com/ and all other associated/ancillary applications, products, websites and services (“App/Platform”) are property of and managed by Kalpatru Polymers Private Limited, a company incorporated under the Companies Act, 2013 having its registered office A-404, Amar Orchid, Nr Rajvaibhav Complex, Dombivali West, Thane 4212020 (hereinafter referred to as "Company” which expression shall, unless it be repugnant to the context thereof, be deemed to include permitted successors and assigns).

For the purposes of these Privacy Policy of use and access, accessing of and/or using the App for accessing information pertaining to polymer recycling such as current market value or sale/purchase of raw material  and all other information pertaining to plastic news trade made available or disseminated or uploaded therein, including all information, tools and services made available shall hereinafter be collectively be referred to as the “Services”.

As used herein, “Users” shall mean anyone who uses or accesses the App on any computer, mobile phone, tablet, console or other device (hereinafter collectively referred to as “Device”).

The Company is concerned about the privacy of the data and information of the Users accessing the App and availing its Services through the App.

By accessing or using any version of the App, you signify that you have read, understood and agreed to be bound by this Privacy Policy of the Company and any other applicable law.

This Policy is a legally binding document between the User and the Company. The terms of this Policy will be effective upon the User’s acceptance of the same (directly or indirectly in electronic form, by clicking on the “I accept the Privacy Policy” tab or by use of the App/Platform) and will govern the relationship between the User and The Company.

This Policy forms an electronic contract within the provisions of the Information Technology Act, 2000 (“IT Act”), the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. This Policy does not require any physical, electronic or digital signature.

This Policy shall, at all times be read and construed in consonance and along with the terms and conditions of use and access of the App (“T&C”).

The Company will not differentiate between who is using the device to access the App, so long as the log in/access credentials match with yours. In order to make the best use of the App and enable your Information to be captured accurately on the App, it is essential that you have logged in using your own credentials.

This Policy highlights inter alia the type of data shared/collected from a User in the course of the User’s usage of the App. The Policy further intends to apprise the User of the purposes for which the data of the User is collected and the App’s policy with regard to sharing such personal information with third party entities.

The terms “We”/ “Us”/ “Our” individually and collectively refer to and are synonymous with the term ‘The Company’ and the terms “You”/“Your”/ “Yourself” are to be construed to be synonymous with the term ‘User’.

All defined terms used within this Policy but not specifically defined herein shall draw their meaning from the definition ascribed to such term under the T&C.

  1. COLLECTION OF INFORMATION

The Company may during the course of the User’s usage of the App collect the following personal and non-personal information and such other information from the Users for accessing the App (“Information”), as part of the voluntary registration process, any on-line survey or interaction on the App/Platform or combination thereof, as may be required from time to time. The Information shall be collected in order to conduct operations on the App. The App collects or can request for the below mentioned Information from the Users

  1. Personal Information:
  2. Name of the User;
  3. National ID proof with photo
  1. Gender of the User;
  2. Date of birth of the User;
  3. Address (official/residence/other) of the User;
  1. Name of Company
  2. Internet protocol (IP) address of the User; and
  3. Sensitive personal data such as passwords and payment details.
  4. Non-personal information:
  5. Details of internet or telecom service provider of the User;
  6. Location of a User;
  1. Such other information that may be required to access and operate the App/Platform.
  2. Please note that in addition to the above, the duration of use of the App/Platform by the User may also be logged and stored by the App/Platform.
  3. The Information may be collected and/or stored in electronic form, however, The Company is hereby authorized by the User to collect/store such information in physical form as well.
  4. The App/Platform may share the Information of a User with any third party entities subject to such entities adopting reasonable safety standards with respect to the use of such Information.

 

  1. REPRESENTATION AND WARRANTIES

Every User hereby represents and warrants to The Company that:

  1. All Information provided by the User is true, correct, current and updated;
  2. All Information provided by the User and the provision of such Information by the User does not in any manner violate any third party agreement, law, decree, order or judgement;
  3. All Information provided by the User does not belong to any third party, and if it does belong to a third party, the User is duly authorized by such Third Party to use, access and disseminate such Information;
  4. The officers, directors, contractors or agents of the Company shall not be responsible in any manner whatsoever with regard to the authenticity or veracity of the Information that a User may provide to the App/Platform; and
  5. The User shall indemnify and hold harmless the Company and each of its officers, directors, contracts or agents and any third party relying on the Information provided by the User in the event the User is in breach of this Policy.

The Company represents and warrants to every User that:

  1. It shall not collect the User’s sensitive personal data unless such sensitive personal data is collected for a lawful purpose for which such collection of data is necessary;
  2. It shall not retain any sensitive personal data for longer than such sensitive personal data is required or can be lawfully used;
  3. In the event the Company collects Information directly from the User, The Company shall make reasonable effort to apprise the User of the purpose of such collection of Information, the intended recipient of the Information and the details of the agencies collecting and retaining the Information; and
  4. It has in place the security practices and procedures prescribed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”).

 

  1. PURPOSE AND USE OF INFORMATION

All Information collected/stored by the App/Platform shall be used for:

  1. Providing information about information such as news, updates and trends of scrap plastic polymers to the Users
  2. to inform you of promotions, offers, surveys, events, products and services, which may be of interest to you;
  3. To continually improve the existing App/Platform and service offerings;
  4. To conduct research and surveys;
  5. To implement the necessary security practices to ensure that all personal data are protected;
  6. To administer the User accounts in normal course of business;
  7. To contact the Users in case where fraud, illegal activities or breach of privacy is recorded;
  8. To enable the employees of or persons acting on behalf of the Company to communicate with the User, as and when necessary, in order to provide the services requested by such User;
  9. Such other purposes that The Company, at its sole discretion, however subject to the principles contained in this Policy, may deem fit.

 

  1. SHARING OF INFORMATION

Every User hereby expressly agrees that the Company may share the Information collected from such User with its affiliates, employees, and such other individuals and institutions located within or outside India from time to time to ensure efficient management of App/Platform traffic, to detect and prevent identity theft and other illegal acts, and to respond to legal, judicial, quasi-judicial law enforcement agencies or in connection with an investigation on matters related to public safety, as required and permitted by law and for such other purposes that the Company may deem fit from time to time.

It is further agreed that in the event that, the Company sells any of its business or assets to any third party, it may disclose your personal data to the prospective buyer of such business or assets. The same shall also be applicable if the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

 

  1. COOKIES AND THIRD PARTY APP/PLATFORM LINKS

The App/Platform send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. This data is used to improve offerings, such as providing more content in areas of greater interest to a majority of users.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Disclaimer: Some of the App/Platform features and services may not function properly if your cookies are disabled

The App/Platform may contain links that will redirect the Users to third party Apps that may have access to the personal information of the User to which this Policy shall not be applicable. Thereby, every User agrees and acknowledges that accessing third party Apps through links provided in the App/Platform will solely be at the Users discretion. Additionally, The Company shall under no circumstance be held liable for breach of privacy by such third party App nor shall it be liable for any objectionable content that may be displayed on such third party App. The App/Platform may contain links to other Apps, however, every User agrees and acknowledges that the App/Platform shall not be responsible for the privacy practices of other third party Apps which it does not own, manage or control. This Privacy Policy shall not apply to any information voluntarily disclosed by the Users to other Users of the App/Platform or third parties.

 

  1. PROTECTION OF INFORMATION AND CONFIDENTIALITY
    1. The Users’ information is maintained by the Company in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. The Company takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of the the Company’
    2. No administrator at the Company will have knowledge of your login details. It is important for you to protect against unauthorized access to your login details, your computer and your mobile phone. Be sure to log off from the App/Platform portal when finished. The Company does not undertake any liability for any unauthorized use of the user account and its login details. If the User suspect any unauthorized use of your account, the user must immediately notify The Company by sending an email to [info@petscrapwala.com]. The User shall be liable to indemnify The Company due to any loss suffered by it due to such unauthorized use of the user’s account and its login details.
    3. The Company makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis and binds only its employees to strict confidentiality obligations.
    4. Notwithstanding the above, The Company is not responsible for the confidentiality, security or distribution of the User’s information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, the Company shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of the Company including but not limited to, acts of government, computer hacking, unauthorized 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.
    5. Except as otherwise provided in this Privacy Policy, we will keep the User’s personal information private and will not share it with third parties, unless we believe in good faith that disclosure of the User’s Personal Information or any other information we collect about the User is necessary to:
      • comply with a court order or other legal process;
      • protect the rights, property or safety of the Company or another party;
      • enforce our Terms of Use; or
      • respond to claims that any posting or other content violates the rights of third-parties.
    6. Notwithstanding anything to the contrary, The Company shall not be held responsible for any loss, damage or misuse of the Information caused to the User, if such loss, damage or misuse is attributable to an event beyond the control of or attributable to The Company or a force majeure event.
    7. The Company shall use the Information collected from the Users in accordance with applicable laws including but not limited to the IT Act and the rules made thereunder and use the Information only for the purpose for which it was furnished.

 

  1. OPTION TO OPT-OUT AND WITHDRAWAL OF INFORMATION

The User has the option of not providing its Information to the Company. Further, Information provided and/or collected by the Company may be withdrawn at any time during or pursuant to usage of the App/Platform by a User. Users desirous of withdrawing the Information shall send an email to the grievance officer and request for such withdrawal. The Company may subsequent to such withdrawal of information, at its sole discretion continue or discontinue the provision of its services to such User.

  1. GRIEVANCE REDRESSAL

The User may, report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by the Company in relation to the App/Platform, to the grievance officer.

 

  1. UPDATION OF POLICY

The Company reserves the right to change or update this Policy at any time. The User shall be notified of any change to the Policy having the effect of curtailing or limiting the existing User rights under the Policy. Any such changes or updating of the Policy shall be immediately effective upon posting to the App/Platform and your continued use is deemed approval of all such changes.

 

  1. GOVERNING LAW AND JURISDICTION

In the event of any dispute arising between the parties with respect to this Policy, the same shall be referred to a sole arbitrator mutually appointed by the Parties and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Mumbai, India and the decision of the Arbitrator shall be final and binding on both parties herein.

This contract shall be subject to the exclusive jurisdiction of courts in Mumbai, India and shall be governed by the Indian laws.