- Applicability:
This Privacy Policy is applicable to Users of Our Products and Services as well as to Our Stakeholders
The Privacy Policy is to notify the Users about the details of the Personal Data We collect from the users, the form and manner in which we process the Personal Data, and for the Purpose(s) for which we use the same. The Policy also enumerates Your rights, the manner in which You can exercise these Rights and accessibility to Our point of contact for raising any concerns You may have regarding the protection of Your Personal Data
This Privacy Policy shall be read together with the respective terms of use or other terms and conditions of Freecharge and its respective Website or nature of business of the Website.
Users are requested to read the Privacy Policy to understand Our practices regarding Personal Data.
We advise You to return to this page periodically to review the updated and current version of Our Privacy Policy.
This Policy is published and shall be construed in accordance with the provisions of Applicable Law.
Users are required to read and understand the privacy policy carefully. By registering an account on the website and agreeing to the privacy policy by checking the privacy policy tick box, you hereby indicate that you understand, agree and provide your consent to Freecharge for undertaking all the activities as stated under this privacy policy.
- Definitions
- “Applicable Laws” shall mean Digital Personal Data Protection Act, 2023 and the rules thereto, Information Technology Act, 2000, The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Master Direction - Know Your Customer (KYC) Direction, 2016, and any other applicable rules and regulations issued thereunder, including any regulations, guidelines, circulars, etc. as may be issued by any regulatory authority such as the RBI , Telecom Regulatory Authority of India (“TRAI”), any ordinance, order, judgment, notification, decree, bye-law, governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law in India, whether in effect as of the date of this Policy or thereafter, as applicable to Us.
- “Personal Information/ Data” means any information that relates to You, which, either directly or indirectly, in combination with other information has provided or made available by You and/or any other entity (to whom you have provided Your consent /authority for sharing the same with Us) to Us, and is capable of identifying You, including the following category of Personal Data:“Personal Information/ Data” means any information that relates to You, which, either directly or indirectly, in combination with other information has provided or made available by You and/or any other entity (to whom you have provided Your consent /authority for sharing the same with Us) to Us, and is capable of identifying You, including the following category of Personal Data:
- Financial information (such as bank account or credit card or debit card or other payment instrument details, bank statements, any income tax /GST return details, any information from credit information companies/ credit bureaus, etc.)
- Demographic, Identity and Contact Data (e.g., name, date of birth, email address, PAN, Aadhaar, Passport, residence address, contact number, nationality, gender, marital status, occupation, photo, etc.)
- Authentication data (e.g., any OTP received on your mobile number registered with Us, any signature proof, etc.)
- Online identifiers or other technical data (e.g., IP address, browser type, location, device identifier, access time, list of installed applications on Your device, etc.)
- Generated data and Payments related data (such as transaction logs, records, payment gateway ID, name of issuing bank, merchant’s name, category and other identifiers along with the details of products or services purchased or paid for, mode of payment, the date, currency and amount of the transaction(s), whether the payment was successful, and other information provided by You directly or indirectly to Us or provided to Us by banks, merchants or other service providers or business partners.);
- any detail relating to the above clauses as provided by You to Us for the purpose of obtaining Our Services
- any of the information received by Us as mentioned above for processing, storing the same under lawful contract or otherwise
- “Processing” in relation to Personal Data means an automated operation or set of operations performed on Personal Data, and may include operations such as collection, recording,organization, structuring, storage, archiving, adaptation, alteration, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction.
- “Non-Personal Information/ Data” means any and all information provided by You which is freely available or accessible in public domain, if any Non-Personal Data so collected, or furnished under the Right to Information Act, 2005 or any other Applicable Laws, such information shall not be regarded as Personal Data. This Non-Personal Information would not assist Freecharge to identify You personally.
- This Non-Personal Information may include:
- Your geographic location;
- details of Your telecom service provider or internet service provider;
- the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.);
- information about Your device, including Your hardware model, operating system and version, device name, device applications, unique device identifier, mobile network information, the Website You last visited before visiting the Website and information about the device’s interaction with our Services; or
- clickstream data relating to Your activity on the Website, including but not limited to the duration of Your stay on the Website, date and time of Your access of the Website.
- List of Installed Applications in your mobile phone for fraud detection and assessing your financial worthiness to offer personalised financial products.
Non-Personal Information is collected through various ways such through as the use of cookies. Freecharge may store temporary or permanent ‘cookies’ on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer’s browser to alert You when We attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.
Further, Freecharge may use third party service providers to serve advertisements on behalf of Freecharge across the internet and sometimes on the Website. They may collect Non-Personal Information about Your visits to the Website, and Your interaction with Our products and services on the Website.
- How and from where do We collect Your Personal Data?
- When You own our mobile application (if any);
- When You login to Our website or social media pages, and/or interact with us through our website, use our Products and Services on our website (including any customer support);
- When You interact with us via our WhatsApp Business Account (if any);;
- When You reach out to us via customer service contact details/ email IDs of the customer service;
- When our employees/ staff visit your offices, establishments, premises, etc. with respect to Products and Services;
- When You register with Us to avail Our and/ or Our affiliates (such as Axis Bank Ltd., Freecharge Business and Technologies Private Ltd.) Products and Services and share Your KYC documents;
- When you provide any feedback on our Products and Services;
- When You undertake any transactions with Us (whether through online or off-line mode);
- When You interact with any of our agents or third parties who help in providing the Products and Services to You;
- When Your data is provided by any referrals;
- When You interact with any legitimate digital or offline channel not listed above.
- Purpose: Why and how do We use Your Personal Data?
We may request You to provide Us with Your Personal Data or You may voluntarily provide Your Personal Data, which We may process for the following Purposes:
- to contact or identify You;
- for availing our products/ services;
- for improving Our Products and Services, content and advertising on the Website;
- facilitating Your use of the Website or other services of Freecharge;
- responding to Your inquiries or fulfilling Your requests for information about the various products and services offered on the Website;
- sending You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
- helping You address Your problems incurred on the Website including addressing any technical problems;
- mproving the services as well as content and advertising on the Website and protecting its integrity;
- facilitating various programmes and initiatives launched by Freecharge by itself or through a collaboration with Third Party Service Providers or Banks;
- analysing how Our services are used, to measure the effectiveness of advertisements, to facilitate payments;
- conducting academic research and surveys;
- conducting analytical studies on various aspects including user behaviour, user preferences etc.;
- permitting third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
- determining any security breaches, computer contaminant or computer virus;
- Any lawful purposes such as – (a) investigating, preventing, or taking action regarding illegal activities and suspected fraud; (b) undertaking forensics of the concerned computer resource as a part of investigation or internal audit; (c) responding to legal, judicial, quasi-judicial process and providing information on law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
- sharing, disclosing or transfer of such data in the event of any merger, acquisition, reorganization or sale of assets or business of Freecharge to a third party or in the event of bankruptcy of Freecharge.
Further, if Your specific consent is required to be obtained for any other purposes as may be mandated under the Applicable Law, We may accordingly procure the same from You. Your Personal Data is used, processed, stored and/or disclosed in accordance with this Privacy Policy and in compliance with the Applicable Law.
You may choose to not share such information with Us, however, that will restrict Your registration on Our Website or availability of certain features. You acknowledge that information provided to third-party accounts by You may be transmitted into Your account with Us on Your authorization for such transmissions and such third-party account information will be covered under this Privacy Policy.
Exception to Our Collection of Your Personal Data
We do not collect certain categories of Personal Data, such as, Your details relating to Your race or ethnicity, religious or philosophical beliefs, biometric information, sexual orientation, political opinions, or information about your physical, physiological, mental health condition, medical records and history or any genetic information.
- Your Representations and Warranties:
You hereby represent to Freecharge that, at all times during Your registration with Us:
- the information You provide to Freecharge is and shall be authentic, correct, current and updated, and that You have all the rights, permissions and consents as may be required to provide such information (including Information pertaining to any third parties) to the Freecharge; and
- Your providing the information to Freecharge and the consequent storage, collection, usage, transfer, access or processing of the same by Freecharge shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
Further, You agree that the officers, directors, contractors or agents of Freecharge shall not be responsible for the authenticity of the information that You or any other user provide to any of Freecharge.
- Your Rights:
- Right to access: You have a right to get access to Your Personal Data that is with Us along with other related information;
- Right to Review and Rectify Your Personal Data - You may review the Personal Data provided by You and if any Personal Data found to be inaccurate or deficient, You will inform Us the same so that We may have such information corrected or amended,. However, please note, that We will not be responsible for the authenticity of the Personal Data provided by You.
- Withdrawal of Your Consent - You may choose not to provide Your Personal Data, at any time while availing the Services or otherwise, or withdraw Your consent provided to Us earlier, in writing to our email ID: merchantsupport@freecharge.com
However, in case You choose to not provide or later withdraw Your consent, We may not be able to provide to You some or all of the features and functionalities of Our Products and Services. This may also affect Our ability to process Your Personal Data and lead to the discontinuation of Our Services for which such Personal Data was required to be used or was being used, at Our sole discretion. - Right to restriction of Processing: you have a right to restrict the Processing of Your Personal Data under certain circumstances;
- Right to Object: you have a right to object to the Processing of Your Personal Data under certain circumstances;
- Right to raise grievances: You can raise grievances against Us at our of grievance redressal mechanism as provided under the heading “Grievance Redressal Mechanism”;
Please note that these rights are subject to Our legal mandates to retain Your Personal Data in order to be compliant with the Applicable Laws.
- Security
We adhere to the international security standards and certifications issued by International Organization for Standardization, the Payment Card Industry Data Security Standards ISO/IEC 27001: 2013, PCI DSS v3.2.1, respectively. We have regular audits of Our Information System that is carried out by CERT-In empanelled auditors as required under the Applicable Laws.
Security of Your Personal Information is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use e commercially acceptable means to protect Your Personal Information, We cannot guarantee its absolute security.
The security of Your Personal Information is important to us. Freecharge strive to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Freecharge adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Freecharge stores Your Personal Information. Freecharge shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Personal Information. Provided that, Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000, and You hereby waive and release all Freecharge from any claim of damages under contract or under tort, to the extent permissible under applicable laws.
If You choose a payment gateway to complete any transaction on the Website, then Your credit card/debit card data may be stored in compliance with industry standards/ recommended data security standards for security of financial information such as the Payment Card Industry Data Security Standard.
Notwithstanding anything contained in this Policy or elsewhere, to the extent permissible under Applicable laws, Freecharge shall not be held responsible for any loss, damage or misuse of Your Personal Data, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A Force Majeure Event shall mean any event that is beyond the reasonable control of Freecharge and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of Freecharge), power or electricity failure or unavailability of adequate power or electricity.
- Links To Other Sites
Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website/ Mobile App. and the same are not operated by Us and/or any of our affiliates, unless specifically stated herein
Freecharge are not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Freecharge does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Freecharge 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 third party websites. The inclusion or exclusion does not imply any endorsement by Freecharge of the third party websites, the website's provider, or the information on the third party website. If You click on a third party link, You will be directed to that third party's site. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites, and it is recommended that You review the privacy policy of such third party websites prior to using such websites.
- Disclosure to Third Parties:
- We may enter into agreements with third parties (within India) to store or process Your Personal Information/Non-Personal Information. These third parties may have their own security standards to safeguard Your Personal Information/Non-Personal Information and We will, on commercially reasonable basis, require such third parties to adopt reasonable security standards to safeguard Your Personal Information/Data /Non-Personal Information/ Data , as per the requirements of applicable laws.
- Sharing and disclosure of Your Personal Information/Non-Personal Information You hereby unconditionally agree and permit that Freecharge may transfer, share, disclose or part with all or any of Your Personal Information/Non-Personal Information/ within the Republic of India to Freecharge, Third Party Service Providers / Partners / Banks and Financial Institutions for one or more of the purposes as stated above, government agencies upon directions of such agency, or to any other third party as may be required under applicable law. In case of any Personal Information so transferred, shared, disclosed or parted with, We will contractually oblige the receiving parties of the information to ensure the same level of data protection adopted by Freecharge is adhered to by the receiving party and adhere to the provisions of this Privacy Policy.
- Freecharge may also transfer/disclose/share Non-Personal Information to third parties who support Our business, such as providing technical infrastructure services, analysing how Our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. Such transferees shall adhere to confidentiality obligations consistent with this Privacy Policy.
- Notwithstanding the above, We use other third parties such as a credit/debit card processing companies, payment gateways, etc. to enable You to make payments for buying products or availing services on the Merchant Establishment. In such case, we may share or disclose Your relevant Personal Information/ as necessary for the third parties to provide such services, including Your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties’ policies, terms and conditions and We are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.
- You further agree that such disclosure, sharing and transfer of Your Personal Information/Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to Us or to any third party.
- Exception to Consent for Disclosure of Personal Data
We seek Your express consent for the disclosure of Your Personal Data for the purposes stated in this Privacy Policy, unless such disclosure is necessary for compliance of a legal obligation under the Applicable Laws or any law for the time being in force.
Your Personal Data may be shared, without obtaining prior consent, with Government agencies mandated under the Applicable Laws or any law in India to obtain Your Personal Data for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences. In which case, the Government agency or authority sends a request to Us stating the purpose of seeking Your Personal Data.
Your Personal Data so obtained by the Government agency or authority is not published or shared with any third party, unless the disclosure to any third party is required by an order under the Applicable Laws or any law in India for the time being in force.
- Retention of Your Personal Data
Your Personal Information/Non-Personal Information will primarily be stored in electronic form. However, certain data may also be stored in physical form. You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Personal Information/Non-Personal Information may be retained indefinitely.
Further, We may store, collect, process and use Your data only within the Republic of India.
- Grievance Redrassal Mechanism:
If You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of the terms of use of Freecharge, and other terms and conditions or policies of any Freecharge, please raise request on this email ID : grievanceofficer@freecharge.com
- Deletion of Freecharge account (Only for IOS Users)
- On receipt of account deletion request, Freecharge will delete your data and immediately stop collecting, storing, and using your personal information and other data, except as otherwise required by applicable laws and regulations or industry standards. For example, Freecharge may retain your transaction related details and corresponding data for compliance purposes as per RBI, PMLA and PPI Act and Guidelines respectively, for up-to Ten (10) years or any other timeline as may be prescribed under Applicable Law.
- Legal Consequences of Account Deletion:
Once the account is deleted, all related contractual relationships between you and Freecharge are terminated. The consequences of account deletion include but are not limited to the following:
- You will not be able to use/access this account to log in (signing in) to the Freecharge website, app, with your previous login credentials.
- You will not be able to perform any operations that require the account access.
- You will not be able to retrieve the personal information, transaction records, business data, and historical information under the account.
- You will not be able to use Freecharge services.
- If you wish to create an account with the same mobile number and/or email id, through which you had raised your account deletion request. In such case, Freecharge shall consider and register you on its platform as new customer.
- Not with standing contrary to the above, the deletion of your account does not mean that all your account operations and responsibilities before your account deletion are exempted or mitigated.
- Customer can raise the deletion request at care@Freecharge.com and the same shall be completed within a period of 90 days from the Date on which the request is received.
- Further Acknowledgements
You hereby acknowledge and agree that this Privacy Policy:
- is clear and easily accessible and provide statements of policies and practices Freecharge with respect to Personal Information/Non-Personal Information;
- provides for the various types of Personal Information/Non-Personal Information to be collected;
- provides for the purposes of collection and usage of the Personal Information/Non Personal Information;
- provides for disclosure of Personal Information/Non-Personal Information; and
- provides for reasonable security practices and procedures as per the applicable laws, rules and regulations for the time being in force.
- Amendment of Privacy Policy:
This Privacy Policy may be amended / updated from time to time. We will notify You of any amendment of, or update to, the Privacy Policy, as is required under applicable laws.