INTRODUCTION

Pro Wizards Inc, a proprietorship firm registered under Chhattisgarh Shop and Establishment Act 1958, and having its registered office at First Floor, Jain Parisar, Lohar Para, Rajnandgaon (Chhattisgarh) 491441. (“We” or “Us” or “Our” or “Firm”), owns and manages (a) the website www.prowizardsinc.com (b) The Duck Card application (“App”), a membership program; and (c) such other applications, platforms and products/services which may be made available from time to time (together “Platform” or “Platforms”) through which You have opted to avail of certain Services by agreeing to the terms of use (“Terms of Use”), available on the home screen of the Platform.

For the purposes of this Privacy Policy (defined below), unless defined hereunder, all capitalised terms shall have the meaning ascribed to them in the Terms of Use.

This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia:
• Section 43A of the Information Technology Act, 2000 (“IT Act”);
• Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”); and
• Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

GENERAL

This Privacy Policy is a statement of the Firm’s policies and procedures for collection, use, storage, processing, disclosure and protection of any Personal Information which you may be required to give or make available on the Platforms in order to use the Platforms.

This Privacy Policy applies to all current and former users accessing or using Our Platforms, or otherwise engaging with us through mobile number or other means (collectively, “You” or “Your” or “Users”). We recommend that You go through this Privacy Policy carefully before accessing or using the Platforms.

BY ACCESSING OR USING OUR PLATFORMS OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE UNDERTAKING THAT YOU HAVE THE CAPACITY TO ENTER INTO A LEGALLY BINDING CONTRACT AS PER APPLICABLE LAW APPLYING WITHIN THE JURISDICTION OF THE REPUBLIC OF INDIA, IN PARTICULAR, THE INDIAN CONTRACT ACT, 1872, AND, WILL ALSO BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREED TO BE BOUND BY ITS TERMS.

YOU HEREBY CONSENT TO OUR COLLECTION, USE, SHARING, AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME, AND ANY CONTINUED USE OF THE PLATFORMS BY YOU FOLLOWING ANY SUCH AMENDMENTS TO THIS PRIVACY POLICY, WILL BE DEEMED TO BE AN ACCEPTANCE OF THIS PRIVACY POLICY IN ITS AMENDED FORM. IF YOU ARE ACCESSING OR USING THE PLATFORM FROM AN OVERSEAS LOCATION, YOU DO SO AT YOUR OWN RISK, AND SHALL BE SOLELY LIABLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, IN PART OR AS A WHOLE, DO NOT USE THE PLATFORMS OR SERVICES PROVIDED ON THE PLATFORMS, OR PROVIDE US WITH YOUR INFORMATION. ADDITIONALLY, YOU ARE REQUIRED TO NOTIFY OUR DESIGNATED GRIEVANCE OFFICER AT report[at]prowizardsinc.com. IF YOU CHOOSE TO DISCONTINUE USING OUR PLATFORMS OR OUR SERVICES.

CONSENT FOR PROVIDING INFORMATION OF THIRD PARTIES

If You provide us with information of third parties including their Personal Information, You represent that You are authorised by such individual or entity to share such information with Us and that such individual and/or entity has consented to the collection, use and disclosure of such individual’s or entity’s information as described in this Privacy Policy.

INFORMATION COLLECTED

We collect the following types of information about You when You use Our Platforms: Behavioural Information, Account Information and Payment Information (collectively, “Information”).

We may collect information about how You use the Platforms and information about Your mobile device and software including usage statistics, traffic data, Your IP address, browser and operating system type, type of network connectivity, domain names, access times and locations, log and usage data (such as clicks and navigation) and browsing history (collectively, “Behavioural Information”).

We may collect information about Your name, address, mobile number, personal ID number (PAN Number or Aadhar or any of the government issued photo identity and address proof such as driving license, voter ID, Aadhaar card, passport and other associated details required for Your KYC forms), contact details from your mobile address book, and details of your profile (collectively, “Account Information”).

We may also collect Your bank account number (for making payment), UPI handle, transaction information, payment history (collectively, “Payment Information”).

The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information. As per the SPDI Rules, personal information refers to any information that can directly or indirectly be used to identify a person (“Personal Information”).

Further, “Sensitive Personal Data or Information” (“SPDI”) of a person includes Personal Information about that person relating to: passwords, financial information such as details of their bank accounts, credit and debit card or other payment instrument; physical, physiological and mental health condition; sexual orientation; medical records and history; and biometric information.

Bank account details collected as part of the Payment Information and certain details submitted pursuant to Your KYC form, correspond with some of the categories enumerated above, are classified as SPDI, and treated as such under this Privacy Policy.

All Information is provided by You to Us voluntarily. Collection, processing, use, transfer and disclosure of SPDI requires Your express consent. By providing us with Your Personal Information including SPDI, You are providing us with Your consent to Our collection, processing, use, transfer and disclosure of such Personal Information including SPDI, in accordance with the terms of this Privacy Policy.

You may choose to not provide Us with any or all Information especially SPDI, but in the event that You do so, We will be unable to provide You with Our Services.

USE OF PERSONAL INFORMATION

Personal Information shall be collected, stored, processed and used only for the following purposes:
• To identify You as a legitimate, bona fide, human user of the Platforms;
• To provide You with improved services and features on the Platforms;
• To notify You of various aspects of the offerings on the Platforms;
• To notify You of offers on products and services, offered by the Company;
• To improve Platform experience and Our business as a whole;
• To create a community of Users;
• Personalize the Services, content and features that match User profiles or interests;
• Provide customer service;
• Research;
• To respond to any queries that You may have, and to communicate information to You, including notifications of any promotions or alerts, any updates to the Platforms, or the introduction of any future fees or charges that We may collect at the time for the provision of Our Services to You;
• To contact You from time to time to record Your valuable feedback on Our Services, as they currently stand, and/or any potential Services that may be offered in the future;
• Help protect the safety of the Company and our users, which includes blocking suspected spammers, addressing abuse, and enforcing the Company user agreement and Our other policies;

Additionally, Your SPDI is collected and used for the following purposes:
• To provide You with the Services;
• To facilitate the opening of an account for the undertaking of any transactions chosen by You;
• To enable transfer of winnings to Your designated bank account;
• To comply with applicable law;
• For any other purposes permitted by applicable law; and
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms of Use, or as otherwise required by law.
• The Company will not sell, rent, or license Your Personal Information to any third party.

DISCLOSURE OF INFORMATION

We may disclose Your Information including Personal Information, as the case may be to third parties in the manner specified below:

Disclosing Your Account Information, Behavioural Information and Payment Information to companies and individuals who are authorised by Us to perform functions in relation to the Services, such as payment gateway providers and security consultants;

We may share Your Information with Our partners, affiliates, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how Users use Our Platforms, and enable Us to create a better overall experience for You or for the purposes of generating analytics to improve the App and offer better Services to You;

We may disclose and transfer Your Information to a third party who acquires, or may potentially acquire our business, whether such acquisition is by way of a merger, consolidation or purchase of all or a substantial portion of our assets; and

We will disclose Your Information if legally required to do so, pursuant to an order from a governmental entity or in good faith.

We will disclose the information to:

• Conform to legal requirements or comply with legal process;
• Protect Our rights or property or Our affiliated companies;
• Prevent a crime or protect national security; or
• Protect the personal safety of Users or the public.

The Company shall always make best efforts to apply and maintain industry standards for the protection of similar information as the Personal Information.

We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect Your Personal Information including SPDI against loss, misuse, copying, damage or modification and unauthorized access or disclosure.

You are responsible for the security of Your account including the login credentials. If You suspect any unauthorized use of Your account, You must immediately notify Us by sending an email to report[at]prowizardsinc.com. You shall be liable to Indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account.

Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorised 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.

RETENTION OF INFORMATION

We will also put in place measures such that Your SPDI, which is in Our possession or under Our control, is destroyed and/or anonymized as soon as it is reasonable to assume that
• the Purpose for which that SPDI collected is no longer being served by the retention of such SPDI;
• we no longer require the retention of Your SPDI for enforcing Our rights or discharging Our obligations; and
• retention is no longer necessary for any other reason such as compliance with applicable law.

You shall have the right to review your Personal Information submitted by You on the Platforms and to request to modify or delete any Personal Information, provided by You directly on the Platform or through the Partner stores and not through third party applications. You hereby understand that any such modification or deletion may affect Your ability to use the Platforms. Further, it may affect Our ability to provide Our Services to You.

We reserve the right to verify and authenticate Your identity and Your Account Information and/or Payment Information in order to ensure accurate delivery of Services. 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.

If You wish to cancel Your account, or request that We no longer use Your Personal Information to provide You Services, contact Us at report[at]prowizardsinc.com.

If You wish to delete Your account, and thereby discontinue using Our Services, you may do so at any time, in accordance with paragraph 19 "REFUND POLICY" of our Customer's Terms of Use.

If You wish to

(a) opt out of Our Services;

(b) opt out of receiving communications such as promotional and marketing-related information regarding the Services; or

(c) withdraw consent regarding sharing Your Personal Information or SPDI, please email Our designated grievance officer at report[at]prowizardisnc.com.

Please note that Your withdrawal of consent or cancellation of account may result in Us not being able to provide You with Our Services, or terminate any existing relationship that We may have with You. Please also note that uninstalling the Platforms will not result in termination of Your use of the Platforms or Services.

THIRD PARTY LINKS

The Platforms may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources (“Third Party Links”). We have no control over such Third Party Links present on the Platforms, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on our Platforms, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links.

You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties.

Such third party websites, and external applications or resources, accessible via the Third Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application’s privacy policy.

COOKIES AND TRACKING TECHNOLOGIES

We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Platforms. Some cookies and other technologies may serve to recall information previously indicated by a User. Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile applications to notify You if You receive a cookie, or You may choose to block cookies with Your browser/mobile applications.

Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Platforms are accessed. Our use of cookies and other tracking technologies allows Us to improve Our Platforms and Your experience.

At all times, You may refuse all cookies on your mobile application by changing Your mobile settings to the extent permissible on Your device. However, by doing so, You may not be able to use certain features on the App or take full advantage of all the App offerings. You can remove cookies by following directions provided in Your mobile’s “help” file.

DISCLAIMER

We cannot ensure that all of Your Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, while we take reasonable care to protect Your privacy, We do not promise, and You should not expect, that Your information or private communications will always remain private. As a User of the Platforms, You understand and agree that You assume all responsibility and risk for Your use of the Platforms, the internet generally, and the information You post or access and for Your conduct on and off the Platforms.

INDEMNITY

You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by You to third parties either through Our Platforms or otherwise and Your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to Your information which You may have disclosed to such third parties.

SERVERABILITY

Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of this Privacy Policy.

The decision or declaration that one or more of the clauses are null and void shall have no effect on the remaining clauses of this Privacy Policy.

APPLICABILITY OF THE CUSTOMER'S TERMS OF USE

This Privacy Policy shall be supplementary to the Terms of Use. Words and expressions used in this Policy but not defined herein shall have the meanings ascribed to them in the Terms of Use. To the extent any provision of this Policy does not conflict with the Terms of Use, the Terms of Use shall apply to this Policy, including provisions related to Limitation of Liability, Governing Law and Dispute Resolution, and Miscellaneous. In the event of any conflict between this Policy and the Terms of Use, the interpretation placed by the Company shall be final and binding on You.

COMPLAINTS AND GRIEVANCE OFFICER

In accordance with the IT Act and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Shrenik Daklia

Email: shrenik[at]prowizardsinc.com

For any questions, feedback or complaints in relation to any matter concerning this Privacy Policy, You may contact the above designated Grievance Officer.