Privacy Policy
This Privacy Policy (“ Privacy Policy”) describes the use and processing of information by BKS MyGold Private Limited, and/or its affiliates (hereinafter “MyGold”). MyGold is committed to protecting the User’s information and privacy. MyGold provides Services (defined below) to the Users. For the purposes of this Privacy Policy, “Services” shall mean services provided by the MyG old as specified in the Terms.
This Privacy Policy is designed to help the User understand how MyGold may collect, process, store and use the information provided by the User to MyGold and to assist the User in making informed decision while using the Platform and the Services.
The capitalized terms used in this Privacy Policy, but not defined in this Privacy Policy, shall have the meaning given to such terms in the Terms (defined hereinafter).
Please read this Privacy Policy before using the Platform or submitting any personal information. Where any person uses or accesses the Platform or uses any products or services of the MyGold or otherwise provides any User Information (including information in relation to other persons) (“User”), the User consents to the collection and use of the`` information the User discloses on the Platform or in the use of the services in accordance with this Privacy Policy, including but not limited to the User’s consent for collecting, using, sharing and disclosing information of the User as per this Privacy Policy.
This Privacy Policy has been published inter alia in compliance with the provisions of the Information Technology Act, 2000 and the rules and regulations made thereunder (including, but not limited to: (i) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; and (ii) The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021).
By visiting this Website, providing your information or availing out product/service, you expressly agree to be bound by the terms and conditions of this Privacy Policy, the Terms of Service and the applicable service/product terms and conditions, and agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If you do not agree please do not use or access our Platform.
Please also note that the Privacy Policy will also apply to information of Users supplied by other Users. In case of information of Users supplied by other Users, the User providing the information confirms and warrants that the User has the authority to provide the necessary User Information.
Other applicable terms
This Privacy Policy is a part of and incorporated within, and is to be read along with the terms and conditions published on the Platform (the “Terms”).
Policy changes
The MyGold may change and update this Privacy Policy from time to time. Such changes may be made without prior notice, but any changes will only apply to activities and information on a going forward and not retroactive basis, unless specified otherwise. The User are encouraged to review this Privacy Policy before accessing any services provided by the MyGold to make sure that the User understand how any personal information provided by the User will be used.
Links to Third Party Websites
The procedures and practices set forth in this Privacy Policy describe the use and disclosure of User Information collected by the MyGold. The website and/or other platforms of the MyGold, as available (“Platform”) may contain links to other websites. Any personal information about the User collected which such User visits such websites is not governed by this Privacy Policy. The User is encouraged to exercise caution and review the privacy policies applicable to such websites before accessing them. The User acknowledges that the MyGold shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Platform.
Competency to contract
By agreeing to this Privacy Policy, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent enter into to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under applicable laws to accept the Terms and Privacy Policy. In case the User is a natural Person who is not of the age of majority or is not competent to contract, the User may not use the services of the MyGold, the Platform or provide any information to the MyGold. We do not knowingly solicit or collect personal data from children under the age of 18 years. If you have shared any personal data of children under the age of 18 years, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.
Collection of information
The MyGold collects two basic types of information from a User in conjunction with a User’s use of the Platform i.e. personal information, which is any information that exclusively identifies a User (e.g., the User’s name, email address, telephone number, postal address amongst others) and non-personal information, which is information that does not exclusively identify a User but is related to you nonetheless such as, information about a User’s interests, demographics and use of the sites. The MyGold may also receive personal information regarding a User as shared by third parties who maybe our clients or otherwise avail service from the MyGold. Please note that in such instances the MyGold is acting on the instructions provided by such client or user and the MyGold does not separately verify the right of the client or user to provide User Information to the MyGold. In case you are not the intended recipient of the services and Platform, you should contact the MyGold and at the earliest.
When the User accesses the Platform, the MyGold may collect information about the Transaction, as well as other information associated with the Transaction such as amount sent or requested, amount paid for products or services, payee information, including information about any funding instruments used to complete transactions, device information, technical usage data, and geolocation of the User.
Towards the provision of the services by the MyGold and the use of the Platform, the MyGold shall in addition to the information described above, collect the following information from a User (“ User Information”):
Category Description Location Information about the location of the User’s device used to access the services from the MyGold. This is used for the provision of the services, pricing related information, for maintenance of records for audit purposes and other matters. Access Information Passwords and other details required to access or use the services provided by the MyGold. Contact Information For contacting and availing the services for any transfer of gold. Personal Information Information about the name, email address, contact information and details of official documents. This is used for the provision of the services and for maintenance of records for audit purposes. Other Applications The User’s use of other software or applications which are linked or used in the provision of the services e.g. any third party sites though which a User may have accessed the services. Transaction Information Transaction related information for the Services. Transaction information includes price, quantity, and any associated or supporting data related to a Transaction. Transaction information is used to provide the services, facilitate the Transactions, provide support, and to operate, maintain and improve the services. Billing Information To the extent permitted and required under applicable laws, billing and payment information of Users which may include a subscription number, an account number, credit card number, expiration date, billing pin code, bitcoin-related information, exchange market information, instructions for wire transfers. Automated Collection Details of the User’s device, computer and device information, activity on the Platform, activity on the Platform and other similar information. The MyGold collects this information for analytics, improvement of the services and for review purposes. Storage To provide and receive details and documents sent by MyGold. Camera and Microphone As required for scanning QR codes, uploading videos, providing user photos and as reasonably required. TouchID and FaceID For ease of access and login. Others As may be explicitly required & requested from time to time. When the User uses the Services or access the Platform, the MyGold shall also collect Personal Data of the User and other details such as name, postal address, telephone number, and financial account information about the payee who is receiving money from the User. Hence, the User should ensure that the User has obtained explicit consent of the payee to share, store, process and use its information as per this Privacy Policy.
Usage of User Information
User Information will be used by the MyGold for the purposes which the MyGold considers necessary for achieving a seamless, efficient and safe experience, customized to a User’s needs and use the personal information to provide services to a User, enhance the operation of the services and improve the MyGold’s marketing and promotional efforts. The processing of the User’s Information is for the purposes as set out in paragraph 5 above and towards the following purposes:
- to provide, maintain and enhance a User experience in relation to the Services and the Platform;
- to provide and deliver the services requested by the User, process transaction, and send User related information including confirmations and invoices;
- to authenticate the User’s documents and information and to comply with Applicable Laws;
- to send technical notices, updates, security alerts, and support and administrative messages to the User;
- to take up and investigate any complaints/claim/disputes of the User;
- to respond to queries or feedback submitted by the User;
- to monitor and analyse trends, usage, and activities in connection with the services;
- to link or combine with information MyGold receives from others to understand User’s needs and provide better service;
- to inform the Users of online and offline offers, products, services, and updates on the Platform;
- to detect and protect the Platform against error, fraud, and other criminal activity;
- to comply with the applicable laws and regulations under this Privacy Policy;
- to carry out any other purpose for which the information was collected;
- to share the data such as back testing, user action, and processed data for internal and external services with third parties without User’s consent.
Information collected by Cookies and other tracking technologies
- The MyGold shall use various technologies to collect information, including cookies and web beacons. Cookies are small data files typically stored on User’s computer’s hard drive or in device memory that help us improve our services and User’s experience, see which areas and features of our services are popular and count visits, manage the registration process for accounts, remember User’s site preferences, retain certain information to process orders for exchange transactions, and retain information to provide User with support.
- The MyGold also use cookies stored in emails to help us confirm User’s receipt of, and response to such emails. Web beacons are electronic images that may be used in Our services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.
- Information collected from cookies is used by us to evaluate the effectiveness of the Platform, analyse trends, see what difficulties our visitors may experience in accessing the Platform, and administer the platform.
Storage of User Information
- User Information in the possession and control of the MyGold is stored in accordance with Applicable Laws. Storage and transfer of User Information is carried out in compliance with all Applicable Laws, including without limitation, the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. Please note that the services have reasonable security measures, including as mentioned in Information Technology Act, 2000 in place to protect the loss or misuse of the User Information. Whenever a User changes or access the User’s account information, the MyGold offers the use of a secure server. However, the User acknowledges that transacting over the internet has inherent risks which can only be avoided by the User following reasonable security practices, such as not revealing account/login related information to any other person and informing the MyGold’s customer care team about any suspicious activity or where the User’s account has/may have been compromised.
- The MyGold implements reasonable security practices and procedures and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of the MyGold’s business. The MyGold has put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the User Information the MyGold collects online.
- Please note that the MyGold does not guarantee that there will be no unintended disclosures of the User Information and data provided by a User on account of a data breach, unauthorized access, security failure etc. the MyGold cannot guarantee, give no warranties, and shall not be liable for breach of the security of User Information through the services of the MyGold due to malicious attacks, errors, commission or omissions not wilfully initiated by the MyGold and any transmission is at the risk of the User.
- As part of the business functionality of the MyGold, the MyGold may retain and submit certain User Information to the third parties as required as well as to appropriate legal and regulatory authorities (when requested to do so).
- The MyGold may also disclose information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when the MyGold, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply this Privacy Policy.
- Each User accepts and acknowledges that any User Information available with the MyGold may also be used by the MyGold: (a) for the purpose of providing the Services available on the Platform; (b) in an aggregated or non-personally identifiable form for the purpose of research and analysis and for transfer of such research and analysis; (c) for communication purpose; (d) debugging customer support related issues; and / or (e) in anonymized form (i.e., non-personally identifiable) in order to help grow the business of the MyGold. Each User hereby consents to such collection, use and disclosure.
- Additionally, User Information may be shared by the MyGold with a third party in case of any proposed merger, acquisition or re-organization, amalgamation, restructuring of business.
- Data transfers to other countries: The MyGold may transfer User Information to countries other than the country in which such User Information originally was collected. Those countries may not have the same data protection laws as the country in which the User has initially provided the information. When the MyGold transfers User Information to such other countries, the MyGold will protect such User Information as described in this Privacy Policy.
Dissemination of User Information
Where any service requested by a User involves a third party, such information as is reasonably necessary by the MyGold to carry out the User’s service request maybe shared with such third party and the MyGold may also obtain details and information from the third party on usage. The MyGold may also engage with other companies/ persons to complete services, processing payments, and providing customer service, including with Partner Banks. The User understand that they have access to personal information needed to perform their functions.
Additionally, User Information may be shared by the MyGold with a third-party business entity in case of any proposed merger, acquisition or re-organization, amalgamation, restructuring of business.
The MyGold may be required to disclose any information that is lawfully sought from it by a judicial or other competent body pursuant to applicable laws.
The MyGold may anonymize and/or de-identify information collected from the Users. The MyGold’s use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy and it may be used and disclosed to others without limitation.
Retention of User Information
The MyGold shall retain the personal information of the User as long as it serves the purpose(s) for which it was initially collected as stated in the Privacy Policy or subsequently authorized. The MyGold may continue processing User’s personal information for a period beyond such period only for the time and to the extent such processing reasonably serves the purposes of archiving, and subject to the protection of this Privacy Policy and to comply with requirements under applicable laws. After the expiry of this time period, the MyGold may either delete User’s personal information or retain it in a form such that it does not identify the User personally.
Communication policy
When the User sets up an account or receives any request pursuant to the provision of the services, the User is deemed to have opted in to receive emails and messages from the MyGold and its service providers in connection with the provision of the services as well as any marketing and promotional agencies. While the User may opt out of promotional messages, the User cannot opt out of receiving certain administrative, financial, technical and legal information from the MyGold in connection with the services.
Alteration of User Information
In case the User requests any change or deletion of User Information of the User, or permanently delete the User’s, the User must contact the MyGold at help@bksgold.com or contact the Data Protection and Grievance Officer. Do note that the MyGold is not obligated to alter or vary or delete any User Information which it is required to maintain under applicable laws or pursuant to contractual requirements of the MyGold.
Data breach and disclosure notification
In case of a data breach or an unauthorized disclosure of User Information which is likely to result in a high risk to the rights and freedoms of the User, unless the MyGold has appropriately mitigated the risk arising from such incident, the MyGold shall, within notify the affected Users of such breach with the details of the breach or incident, the consequences of such breach and the contact personnel of the MyGold in case of any queries by the User pertaining to such breach.
In case any governmental or regulatory authority requires the MyGold to provide any User Information, unless specifically directors by the governmental or regulatory authority, the MyGold shall disclose to the User, the details of the request for the User Information.
Termination of access
Notwithstanding anything to the contrary:
- where any User commits a breach of / fails to comply with any of the provisions of this Privacy Policy;
- where any User fails to comply with applicable law;
- where any User uploads or provides information or data on the Platform, which is not compliant with or violates any applicable law or the Privacy Policy;
- where the User commits a breach of the intellectual property rights of the MyGold and / or any third person;
- where the MyGold seizes to carry on its business or the Platform being taken offline;
- where the MyGold has reasonable grounds for suspecting any illegal, fraudulent, unethical or abusive activity by such User;
- where the MyGold is investigating any complaints or alleged violations (by such User) of the Privacy Policy, applicable law or for any other reason;
- where the MyGold believes, in its sole discretion, that a User’s actions are causing or may cause legal liability for other Users and / or the MyGold or are contrary to the interests of the MyGold, the Platform, the intellectual property of Privacy Policy and / or the User Information.
The MyGold shall have the right to immediately: (a) terminate the right of access / usage of such User to the Platform and the Services; (b) de-activate the account of such defaulting User; (c) investigate and take appropriate action against a User for any such alleged breach; (d) file a complaint with or report any illegal activity to the appropriate governmental / regulatory bodies or law enforcement agencies; and / or (e) take any other action deemed appropriate, under applicable law.
Termination will be without any liability. Any termination of your access to the Website shall not cancel your obligation to pay for the product(s) already ordered from the Website or affect any liability against you that may have arisen under these Terms and Conditions
Governing law and disputes
The laws of India shall govern this Privacy Policy. Any dispute arising out of or in connection with the Privacy Policy, including any question regarding its existence, validity or termination, and any dispute relating to any obligations arising out of or in connection with the Privacy Policy (“Dispute” ) shall be subject to the exclusive jurisdiction of the courts at Lucknow, Uttar Pradesh.
Contact details
In case a User has any queries or any discrepancies / grievances with respect to the User Information provided by a User, please contact the MyGold’s Data Protection and Grievance Officer by writing at:
Name:
Mr. Sijal Hussain
Address:
M-13 Gole Market, Mahanagr, Lucknow, 226006.
Updates to the Privacy Policy
The MyGold reserves the right, at any time, to add to, change, update, or modify this Privacy Policy without any prior notification. The latest Privacy Policy will be available on this page. You should regularly view the Terms and Conditions In the event the modified Terms and Conditions are not acceptable to you, you may choose not to visit or use the Website. However, if you continue to access, view or use our service of the Website, you shall be deemed to have agreed and accepted to the modified Terms and Conditions and you undertake to abide by the modified Terms and Conditions
