PRIVACY POLICY FOR
ITR PLATFORM
We place the highest importance on respecting and protecting your privacy.
Our relationship with you is our most important asset. We want you to feel
comfortable and confident when using our ITR Platform and Services. The
objective of this Policy is for you to better understand the type of information
we intend to collect from you; the purpose for which the information collected
by us will be used; the use of such information by the parties with whom we
will share your information; our policy regarding cookies and identity theft
instances; the data security practices of the third party website links available
on our ITR Platform; the data retention policy and information security
measures implemented by us; our disclaimers in relation to Services and the
ITR Platform; our policy regarding the changes and updates to this Policy; our
policy with respect to withdrawal of your consent; and legal rights and
obligations in case of disputes and grievances.
This Privacy Policy (the “Policy”) applies to the use of or access to the
website www.file999.comand Black application (hereinafter referred to as the
“ITR Platform”), by the User (hereinafter “you” or “your”).
The ITR Platform is provided by Taxfriend Servces Private
Limited (hereinafter or “File999” or “our” or “we” or “us”), a company
incorporated under the Companies Act, 2013, having its registered office Old
no. 22, New No. 36, Reddy Raman Street, Sowcarpet, Chennai-600 001
File999 provides functionality on the ITR Platform which allows Users to
automatically create the income tax return file based on the information
provided by the Users.
This Policy is published in accordance with the provisions of Rule 3(1)(a) of
the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 and Rule 4 of the (Indian) Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal data
or Information) Rules, 2011 framed under the (Indian) Information Technology
Act, 2000 (as amended from time to time) and that requires publishing the
privacy policy for usage of ITR Platform and Services. This Policy (read with
the Terms of Use (hereinafter the "Terms")) constitute a binding and legally
enforceable contract between File999 and User.
By using the ITR Platform or availing the Services, you agree to this Policy.
Subject to applicable laws, the terms of this Policy (and any changes thereto)
will become applicable to you retrospectively on and from the date of your first
use of the ITR Platform. If you do not agree to the terms of this Policy, please
do not use our ITR Platform and Services. Further, by using this ITR Platform,
you also confirm that you are either the owner of or are duly authorized to use
and share the information that the ITR Platform may require, and that you
using the ITR Platform does not violate any applicable law or contract by
which you may be bound or is otherwise prejudicial to any person. You agree
to indemnify File999, its employees, directors, officers, agents, business
associates, affiliates and agents from any loss, damage, expenses or other
adverse consequence they suffer as a result of your usage of the ITR Platform
unless such loss, damage, expenses or other adverse consequence can be
attributed to our act or omission.
The Policy extends to the following information: (a) information you provide
us, or the information otherwise collected by us through your usage of our ITR
Platform and Services (see Terms); (b) information collected while you use
the ITR Platform and Services; (c) information collected from any other
source; or (d) information generated while availing the Services including but
not limited to any transactional information. We aim for full transparency on
how we gather, use, and share your information.
This Policy should be read in consonance with the Terms and they are
incorporated by reference. Capitalised terms not defined herein, shall have
the meaning set out in the Terms.
1. Information we collect
1.1. When you use our ITR Platform or avail the Services, we seek or collect,
amongst others information such as your name, mother’s name, father’s
name, date of birth, gender, Permanent Account Number (PAN), signature,
marital status, nominee details, cancelled cheque, photograph and video
recording, email id, phone number, educational or professional qualification,
business name, business address, nature of business, Tax Deduction and
Collection Account Number (TAN), bank account details, United Payments
Interface (UPI) ID, and/or other payment and investment information and
copies of KYC documents that helps us confirm your identity and facilitate
provision of the Services through our ITR Platform. No liability pertaining to
the authenticity/ genuineness of the information disclosed will lie on File999.
Further, File999 will not be in any way responsible to verify any information
obtained from you.
1.2. In case you are required to provide your Aadhaar details to us during
account creation, you acknowledge and agree that the act of providing your
Aadhaar details to us is voluntary. We require Aadhaar details solely for the
purpose of carrying out KYC.
1.3. We collect and store mobile numbers, e-mail addresses that you provide
us on the ITR Platform and use the same for sending various communications
to you.
1.4. When you visit our ITR Platform or avail the Services, we collect certain
information about your interaction with our ITR Platform including the pages
that you view, your internet protocol address, the links you select or actions
you take, browser type, the unique identifier of your device and device
information such as operating system, operating system version, browser
plug-ins, crashes, system activity, hardware settings, location based
information, date and time of your request and referral URL, and cookies that
may uniquely identify your browser and mobile application and the previously
visited webpage.
1.5. When you avail the Services, we may after obtaining consent, access and
read information from your device such as information from your SMS storage
for the providing the Services. Further, certain Services require us to obtain
access to the ability to make phone calls or send messages using your
device. If you choose to avail such Services, by agreeing to this Policy and
Terms you are providing your express consent to permit File999 to access the
calling and messaging functionalities of your device.
1.6. To automate creation of relevant file (currently XML or JSON file) for you
to file your income tax returns we collect information about your income,
deductions, credits, dependents, etc.”.
2. How we use the information
2.1. We do not sell or share your personal or financial information to anyone.
However, notwithstanding anything contained in this Policy, you expressly
acknowledge, consent and agree to the following terms on information use
and further authorise us to access and use your information in the manner set
out below:
a. to use your information to manage your account, to contact you and to
operate, improve, and deliver our ITR Platform and Services. We use your
information to give you a customized, interactive experience as you use our
ITR Platform and avail the Services.
b. to use your information for maintaining a record of such information and
your transactions in a secure and confidential manner, and as required under
the applicable laws.
c. to use services of third parties to provide the ITR Platform and Services for
you, who are bound to keep such information confidential.
d. to troubleshoot software bugs and operational issues, to conduct data
analysis, testing and research and to monitor and analyze usage and activity
trends. Information collected may also be used to share communications to
you about our ITR products & services, provide additional features through
cookies and to detect and/or prevent any fraudulent/criminal/prohibited activity
as per applicable laws.
e. to use the data in an aggregated/compiled form to produce
statistical/demographic analyses for strategy and business purposes.
However, these will be used in ways that will not be able to identify you or link
any specific information to an individual. Such aggregated information and
results/analyses shall be our property and you will not be entitled to any
compensation for the use thereof.
f. to share your information with judicial, administrative and regulatory entities
to comply with any legal and regulatory requirements.
g. to summarize information about your usage and combine it with that of
others to learn about the use of the ITR Platform and Services and further to
help us develop new products and services.
h. to use your information to manage your account, to contact you and to
operate, improve, and deliver our products and services, including the ITR
Platform. You further acknowledge, agree and authorise us to use your
information for market research, project planning, product development,
troubleshoot problems and analyse user behaviour.
i. to use your information to compute the charges for the products and
services you purchase.
j. to use the contact information to communicate with you. You further
expressly consent and authorise us to send you messages on your mobile
number, call you on your mobile number, send you messages and
communicate with you in any other manner for the purpose of providing you
ITR Platform and Services.
k. to use third-party advertising companies to display advertisements. Such
companies may use information about your visits to the ITR Platform and
Third-Party ITR Platforms in order to provide advertisements about goods and
services of interest to you. We will not provide your data to third party
advertising companies
l. to share your information with our third party service providers and our
affiliates to host, use, copy, transmit, process, store, analyse, display,
communicate with you, make derivations, and back up all data you submit to
us through the ITR Platform limited to the purpose of provision of ITR
services.
m. to conduct audit of your records without any notice in case of apprehension
of fraud;
n. to retain/ store your data and confidential information, of any nature (either
wholly or partially), in File999’s servers or cloud or otherwise in any other
medium as may be transmitted/ processed/ passed through the ITR Platform.
2.2. If you choose to use Services provided our third-party service providers
through the ITR Platform, your information may be governed by the terms of
the privacy policy of such third-party service providers. We will not be
responsible or liable for the privacy practices of any third-party service
providers.
3. Services for filing your ITR are provided by Taxfriend Servces Private
Limited (“Taxfriend”) through our ITR Platform.
4. Cookie Policy Like many websites, we use cookies, flash cookies, web
beacons or similar technologies. “Cookies” are small text files that are stored
on your computer or other device when you visit certain online pages that
record your preferences and actions. We use cookies for a variety of
purposes, including remembering you and your preferences, tracking your use
of our ITR Platform, and facilitating your use of ITR Platform. Most web
browsers automatically accept cookies, but, if you prefer, you can usually
modify your browser setting to decline cookies. However, please note that
refusing a cookie may limit your access and/or use of ITR Platform and
Services.
5. Identity Theft
5.1. There may be instances when you receive a seemingly legitimate looking
e-mail asking your personal information from you such as your credit card
details, bank account details, one-time passwords, contact information, etc.
File999 will never ask for such information from you via e-mail.
5.2. Such activities are usually carried on by unauthorized individuals and are
illegal in nature. They are called phishing or identity theft. In case of any
suspicion of such activity or on receiving such an e-mail you are certain it was
not sent by us. We advise you to not respond to such mail and to take
whatever action you see fit.
6. Links to Other Sites Our ITR Platform provides links to other websites and
third-party platforms (“Third-Party Platforms”). Such Third-Party Platforms
may collect information about you. We are not responsible for the privacy
practices or the content of those linked websites and Third-Party Platforms.
We recommend you to review the privacy policies of such Third-Party
Platforms. In case you choose to log-in through your Google account, we will
access information from your Google accounts once they give us permission
to do so whilst using the Google-related functionality (as the case maybe) of
the Platform. Once permission is granted, the Platform accesses a user’s
account details, mobile number, email address, contact list and location (as
applicable). The respective privacy policies of Google will also be applicable.
7. Data Retention by Us
7.1. We will retain your information only for as long as is necessary for the
purposes set out in this Policy. We will retain and use your information to the
extent necessary to comply with our legal obligations (for example, if we are
required to retain your data to comply with applicable laws), resolve disputes,
and enforce our legal agreements and policies.
7.2. We encourage you to review the information and inform about any
discrepancies and information found to be inaccurate shall be corrected or
amended. Please reach out to us at support@File999.in in case you would
like to review the information collected by us. 7.3. You shall at all times, take
adequate necessary precautions, at your end, to preserve the integrity and
security of your data which shall include and not be limited to your personal
information. All information disclosed by you shall be deemed to be disclosed
willingly and without any coercion.
8. Log Data We want to inform you that whenever you use our ITR Platform
or avail the Services, we collect data from your device called Log Data. This
Log Data may include information such as your device’s Internet Protocol
(“IP”) address, device name, operating system version, configuration of the
app when utilising the Service, the time and date of your use of the Service,
and other statistics.
9. Information Security We work to protect your information from loss,
misuse or unauthorized alteration by using industry-recognized security
safeguards, coupled with carefully developed security procedures and
practices. We maintain electronic and procedural safeguards of all
information. We use both internal and external resources to review our
security procedures.
10. Disclaimer
10.1. We make no representation as to providing or storing back-up copies of
any information submitted to us. You shall be solely responsible to ensure that
you maintain back-up copies of such information and in the event of any
malfunctioning or failing of the ITR Platform for any reason whatsoever
(including on account of maintenance), you may be required to resubmit such
information.
10.2. Although, we take appropriate steps to maintain the security of
information we collect from you, we assume no responsibility of whatsoever
nature as to make good the losses and damages you may incur, due to
privacy and/or security breach of your information. We shall not be liable for
any loss or damage sustained by reason of disclosure (inadvertent or
otherwise) of any information and/or omission or inaccuracy with respect to
any information so disclosed and used whether or not in pursuance of a legal
process or otherwise.
11. Changes to this Policy Please note that this Policy may change from
time to time. The “Last Updated” date at the top of the Policy indicates when
the most recent modifications were made to the Policy. We reserve the right to
modify or amend the terms of our Policy from time to time. We will endeavor
to post any changes to this Policy on our webpage and, if the changes are
significant, to provide a more prominent notice. While we will make
reasonable efforts to keep you posted on any updates to this Policy, to make
sure that you are aware of any changes, we recommend that you review this
Policy periodically. In the event we modify this Policy, your continued use of
the ITR Platform and Services will signify your acceptance of the modified
Policy, and will be adequate proof that you have expressly agreed to the
terms of this Policy which shall apply from the date of your first use of the ITR
Platform.
12. Withdrawal of Consent by You You may choose to withdraw your
consent provided hereunder at any point in time. Such withdrawal of consent
must be sent in writing to support@File999.in. In case you later withdraw your
consent, we request you not to access the ITR Platform and/or use the
Services and also reserve the right to not provide you any Services through
the ITR Platform.
13. Governing Law This Policy shall be governed by and construed and
enforced in accordance with the laws of India. Any controversies, conflicts,
disputes, or differences arising out of this Policy shall be resolved by
arbitration in Tamilnadu in accordance with the Arbitration and Conciliation
Act, 1996 for the time being in force, which is deemed to be incorporated by
reference in this Clause. The tribunal shall consist of 3 (three) arbitrators.
Each Party shall appoint an arbitrator and the two appointed arbitrators shall
appoint the third arbitrator who shall act as the presiding arbitrator. The
language of the arbitration shall be English. The parties to the arbitration shall
keep the arbitration confidential and not disclose to any person, other than on
a need to basis or to legal advisors, unless required to do so by law. The
decision of the arbitrator shall be final and binding on all the Parties hereto.
Subject to other provisions in this Clause, courts in Tamilnadu shall have
exclusive jurisdiction over all issues arising out of this Policy.
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