Privacy Policy

Introduction
1.1 This website http://namastrade.com/ (“Website”) is owned and operated by Namastrade
India Private Limited (“Company”). [ALMT Comment: Please confirm if the website will
be a secured website; in which case it should be “https”.]

1.2 The Company respects your privacy and values the trust you place in us by providing
personal information as required, and this Privacy Policy sets out the policies and practices
in relation to the collection, use, disclosure and protection of the personal information of
the Users of the Website.

1.3 All capitalized terms and terms used in the Terms of Use which are also used herein below
shall be ascribed the same meaning as set out in the Terms of Use, unless repugnant to the
context herein or otherwise have been specifically defined herein.

2 Applicability of Privacy Policy
This Privacy Policy shall be applicable only to the use and disclosure of information on the
Website. This Privacy Policy does not apply to information collected by or through any
other medium, collected offline or by any other person and/or entity other than the Website
or any other website whose link which might be present on the Website for example, if you
click on a link of another website displayed on the Website, it may direct you to the other
website, in which case this Privacy Policy shall not be applicable. [ALMT Comment:
Kindly let us know of any information be collected offline or through email? We can
include the same and make the policy applicable to such information collected as well.]

3 Meaning of Personal Information and Sensitive Personal Information

3.1 Personal information shall mean any information that relates to a natural person, which
either directly or indirectly, in combination with other information available or likely to be
available with the Website, is capable of identifying such person or when combined with
other information can be used to identify such person. This includes your name, address,
mobile or contact numbers, date of birth, gender, e-mail address, location, and other
relevant data desired by us etc.

3.2 “Sensitive personal information” is defined to mean such personal information which
consists of information relating to passwords, financial information such as bank account
or credit card or debit card or other payment instrument details, physical, physiological and
mental health conditions, sexual orientation, medical records and history, biometric
information, any detail relating to the above as provided to a body corporate for providing
service; and any information received which falls under the abovementioned categories by
a body corporate for processing, stored or processed under lawful contract or otherwise.
Any information that is freely available or accessible in public domain or furnished under
the Right to Information Act, 2005 or any other law for the time being in force is not
regarded as sensitive personal information. [ALMT Comment: Please clarify if any

sensitive personal information as listed above is being collected. If not, then we can
delete this Paragraph 3.2.]

4 User Information

4.1 The Company may collect several types of information about its Users. Some of this
information may be given voluntarily by the User while availing services offered on the
Website; while some information may be collected automatically when the User is surfing
the Website.

4.2 Information provided voluntarily
It may be noted that the Company may require you to voluntarily provide information
about yourself in the following events:
(a) [when you register yourself with the Website]; [ALMT Comment: Please confirm if
this should be retained.]
(b) [when you fill out a form/ application to avail any of the services provided by the
Company on the Website]; [ALMT Comment: Please confirm if this should be
retained.]
(c) when you communicate with the Company or make a request on the Website; via e-
mail, phone or SMS; and
(d) when you subscribe to the newsletter and to receive other offers, promotions and
details from the Company.

4.3 In any of the aforesaid events, you may be required to provide the following information:
[ALMT Comment: We have provided a suggestive list of the information collected from
the user while subscribing to the Website. Please amend as per the information to be
collected.] Please note that the Information Technology (Reasonable security practices
and procedures and sensitive personal data or information) Rules, 2011, provide for
clear and easily accessible statements of its practices and policies. Therefore, all
information collected should be clearly set out.]
(a) your name;
(b) contact details including postal address, pin code, email address, phone number,
residency status;
(c) identity proofs (e.g. driving license, passport, PAN card, birth certificate, etc.);
(d) [personal details such as age, sexual orientation, marital status, occupation, interests
if any etc.] [ALMT Comment: Please confirm if this should be retained.]

4.4 You may note that it is possible that we may collect personal information about you from
sources other than yourself, such as from forums, blogs, instant messaging, enquiry raised
through third party service platforms, other Users of our services and our business partners.
[ALMT Comment: Please confirm if any information may be collected from any blogs,
etc.] However, any such information shall not be considered to be sensitive, if it is freely
available in the public domain, or under (Indian) Right to Information Act, 2005 or under
any other applicable law for the time being in force.

4.5 Information retrieved/collected automatically

The Company may collect a variety of technical, navigational and other non-personal
information about you such as your IP address, operating systems and software, types of
devices used, types of browsers, usage patterns, geo-location of a browser, address of your
server from where the Website is being accessed, URLs visited prior to the use of the
Website or URLs visited after use or access to the Website etc. when you visit the Website,
through the following:
(a) Cookies: The Website may assign a ‘cookie’ to you, encrypting your information,
which may be saved on your computer’s hard drive while you visit the Website. This
will help adjust and track your preferential information every time you visit the Website
thereafter. You may note that this Privacy Policy includes ‘cookies’ that are placed by
the Website and does not cover any ‘cookie’ that may be placed by any third-party
website. Your internet browser may allow you to not store any cookies on your
computer or alternatively you may chose to delete the stored cookies from your
computer; however you may note that, in such an event your navigation through the
Website or access to certain features/ services of the Website may be restricted.
(b) Beacons/Bugs: A beacon is a picture file used to keep track of your navigation through
a single website or a series of websites. The Company may use such web beacons to
study and analyze the usage of the Website.
(c) Usage Details: The Website may also collect details regarding your visits to and
navigation through the Website such as your location data, IP address, operating system,
browser type, geo-locations other resources that you access etc.

5 Eligibility, use and information

5.1 You are eligible [to register and avail the services provided on the Website or] subscribe to
the newsletter of the Company only if you are an Eligible Person.

5.2 In case the services offered by the Website are for and on behalf of a minor or a child or
any person who is not an Eligible Person, the Website must be accessed by only the
parents/ legal guardians who have to be competent to contract and act on behalf of such
minor or child or person who is not an Eligible Person. Such parents/ legal guardians will
be responsible for adhering to the Terms of Use and this Privacy Policy and for the actions
of the minor, child or a person not being an Eligible Person, on whose behalf he/she
accesses the Website, without any liability whatsoever on the Company.

6 Consent given by User

You hereby expressly grant your consent to the Company through the Website to collect,
possess, receive, upload, store, deal with, handle and/or use, share, disclose and transfer the
personal information and/or sensitive personal data to such persons and for such lawful
purposes as contained in this Privacy Policy. Further, you also hereby grant your consent to
enable the Website and/or its independent service providers to collect non-personal data by
placing cookies, etc. Once the personal information and/or sensitive personal data are
collected, the Company shall have the right to use the same for the purposes for which the
same were collected.

7 Purposes for collection and usage of information

7.1 Personal and non-personal information collected by us, will be used by the Company in
handling general enquiries concerning its services and products, in providing better User
interface, making your visit to the Website more User-friendly and without limiting the
foregoing, for the following purposes:
(a) [Registering of your account with the Website;] [ALMT Comment: Please confirm
if this should be retained.]
(b) enabling the access of the Website and use of the services available to Users;
(c) addressing questions, doubts, queries raised, clarifications and information sought
and for addressing technical issues which arise on the Website;
(d) designing or identifying services, data, information or related products for Users;
(e) marketing (including direct marketing) of products/services, send information,
materials and offers from the Company;
(f) meeting the requirements to make disclosure under any law binding on the Website,
the Company, its directors, associates or employees, under and for the purposes of
complying with any directions or guidelines issued by regulatory or other authorities
with which the Website or the Company or any associated entity is expected to
comply;
(g) in connection with any exchange of information and verification and authentication
of the information that may be provided by the User, to evaluate the eligibility of the
User or minor (as the case may be) for certain types of offers, products and services
that may be of interest to you and analyse advertising effectiveness.
(h) in connection with any system or facility for payment by electronic means or via
other communication media in which the Website participates;
(i) to send you alerts, notices, letters, newsletters, offers, response to request and other
customer support queries and/or any other communication which may be relevant
and vital to the usage of the Website by you;
(j) to enable the Company as well as third parties to provide itself or procure from third
parties customised information, services, offers and advertisements etc;
(k) to third party contractors that provide services to the Website;
(l) to internally analyse the performance of the Website, Company’s internal technical
systems and data;

(m) [to gather demographic data to research, analyse and understand trends and
behavioural patterns, to measure and understand the effectiveness of any of the
aspects of the services of the Website, to troubleshoot any problems, track your
movement, gather broad demographic information for aggregate use and to comply
with the applicable law;] [ALMT Comment: Please confirm if this should be
retained.]
(n) to alert you about potential software compatibility issues and/or for improvement of
the Website;
(o) to monitor and administer daily operations and functions of the Website;
(p) to enforce the “Terms of Use” of this Website;
(q) for all other purposes as may be disclosed when you provide personally identifiable
information/sensitive personal data; and
(r) all other incidental and associated purposes relating to the above and any other
purpose which a User may from time to time agree.

8 Disclosure of Personal Information

8.1 The Company may disclose/ transfer (whether within or outside India) and/or exchange
your personal information including your personal data to and/ or with all such persons
and/or entities, as may be required for the aforesaid lawful purposes, including but not
limited to:
(a) any of its directors, shareholders, associates or employees, or any of its affiliates;
(b) any agent, contractor or third party service provider who provides administrative,
advertising and marketing agencies, telecommunications, computer, financial
intermediary or other services to the Company in connection with the Website or the
operation of the Company’s business and services through the Website;
(c) any other person under a duty of confidentiality, including any member which has
undertaken to keep such information confidential;
(d) any actual or proposed assignee of the Company or participant or sub-participant or
transferee of the Company’s rights in respect of the information of the User;
(e) to any third party when you choose to avail certain services/ facilities offered on the
Website. In such an event, the Company does not take any responsibility for any
misuse or unwarranted disclosure of such information that may be made to such third
party;
(f) any person to whom the Company is under an obligation to make disclosure under
and for the purposes of any guidelines issued by regulatory or other authorities;

(g) as may be required by law or court order or administrative/ government agency or in
a situation of national emergency or when the Company believes that an information
disclosure is required to protect the Company’s rights or those of the Company’s/
Website’s Users or any other aspect of the Website and to comply with the legal
process without any restrictions;
(h) in any event where the Company has reason to believe that you are in violation of
any applicable law, rule or regulation, or interfering with the rights of any other
person;
(i) to any potential investor or purchaser of any interest in the Company or Website or
any associated entity or in its business in connection with any potential re-
organisation, merger or disposal; and
(j) any lawyer or other professionals for the preparation of any document or professional
advice regarding the above.
[ALMT Comment: Please note that as per the Information Technology (Reasonable
security practices and procedures and sensitive personal data or information) Rules,
2011, the name and address of — (i) the agency that is collecting the information; and
(ii) the agency that will retain the information is required to be informed to the person
disclosing information. Therefore, if such third party agencies are appointed and their
details are available, these should disclosed in the privacy policy. Please let us know if
this is possible. Please note that this point will need to be complied with under the
Rules.]

8.2 The Company will endeavour to ensure that the third party receiving any personal
information does not disclose it further and shall observe the same level of data protection
as is ensured by the Company in respect of the Website and in consonance with this
Privacy Policy.

8.3 Notwithstanding anything contained elsewhere, any personal information including
sensitive data may be disclosed by the Company to any third party by an order/ direction
under the law for the time being in force, without any consent or other obligation. For
instance, personal information may be released to an officer making the request if he
provides a warrant or a court order requiring such disclosure.

8.4 Where a government agency makes a request to obtain information for the purpose of
verification of identity, or for prevention, detection, investigation including cyber
incidents, prosecution and punishment of offences, the Company may share the personal
information without obtaining any prior consent of the User. The Company will be
utilising the services of third party service providers such as technical service providers to
create and support the Website, third party advertising company etc. The Company may
publish or share your non-personal information in order to promote the Website with the
Company’s affiliates, various third parties and Company’s service providers without your
consent. You are informed that the Company’s third party service providers may utilise
information relating to your usage of the Website in order to provide customised services,
offers and advertisements to you.

9 Verification of Information
In the event that you choose to avail any service or facility that may be offered through the
Website or put in a request or query with respect to the same, you shall have to register
yourself with us and/ or provide personal information about yourself. [ALMT Comment:
Please confirm if there will be an option to register. If not, we will need to modify this
paragraph.] You may note that the Company may (through our agents/ service providers)
contact you either through e-mail, fax, telephone or personal visits for verification/
confirmation of the same.

10 Option to withhold / withdraw
Prior to collection of the personal information (including sensitive personal data), the
Website may give you an option to withhold the data/ information sought. Further, you
may withdraw the consent given to the Company on the Website, by communicating to the
Company in writing. However, such withholding of information or withdrawal of consent
may result in the Company being unable to provide services and facilities and the
Company reserves its right to take appropriate action with respect to any obligations or in
relation to any contract under which such personal information was sought. It being
clarified that such withdrawal of consent shall not affect the permission granted prior to
such withdrawal and hence the Company shall not be liable for sharing personal
information (as stated herein) in any manner whatsoever. Alternatively, for newsletters
and email communications, the Users shall also have the option to opt-out by clicking on
the button of ‘unsubscribe’ given in such email chain.

11 Accuracy of and Access to Personal Information

11.1 The Company will not be responsible for the accuracy or authenticity of the personal
information or sensitive personal data, if any that is provided by you. It is the responsibility
of the User to notify the Company through the Website of any changes to their personal
information. To attain this end, the User may request the Website for reasonable access to,
and correction of, their personal information collected by the Website by emailing their
request/clarification at [Client to insert the relevant e-mail.]. The Company makes good
efforts to provide its Users with reasonable access to their respective personal information
and shall ensure that any personal information found to be inaccurate and brought to the
notice of the Company by the User is rectified or amended as feasible. The Company may
however before processing such requests, ask the User to identify themselves and the
information /data requested to be modified by them in order to avoid repetitive and/or
illegitimate requests. The Company shall not be responsible for any delay in updating such
information.

11.2 The Company may, however, withhold or may not be able to provide information to you
for valid reasons including if it:
(a) contains references to another User(s);
(b) is subject to legal/ contractual privilege or cannot be disclosed for other legal
reasons;

(c) contains confidential commercial/ business information of the Company or other
Users of the Website;
(d) is not maintained by the Company;
(e) was created in the course of a dispute resolution process;
(f) could threaten the life or security of another individual/ entity;
(g) was disclosed under a court order or was disclosed to a government institution as part
of an investigation.

12 Links to Third Party websites

12.1 The Website may display links of third party websites such as Twitter, LinkedIn, and any
other websites etc. with an option of sharing information on such other websites. You may
note that such links to third party websites are not an endorsement of such third parties,
their websites and/or their products/services by us. We do not take any responsibility for
their privacy policy, terms of use, content, services and products. They may place
independent cookies on your computer or independently contact you, for which the
Company or Website shall not be held responsible or liable in any manner whatsoever. We
encourage you to read individual terms of use and privacy policy or such similar terms, as
the case maybe, of each of these websites before using them and/or disclosing your
personal information.

13 Publication
The uploading, dealing, handling and/ or using of any personal information for any lawful
purpose by the Website, including for the purposes and in the manner outlined above shall
not constitute ‘publication’, in any manner whatsoever.
The testimonials, responses and comments that you may write shall be published on the
Website, without your consent.

14 Reasonable Security Practices & Procedures

14.1 The Company takes appropriate security measures to protect against unauthorized use,
access, alteration and destruction of data; however, we do not guarantee that the
information provided by you to the Website shall not be intercepted while being
transferred over the internet. The Website is also in compliance with [Please insert
standards with which the website is complaint.]
[ALMT Comment: Please note that Rule 8 of the Information Technology (Reasonable
security practices and procedures and sensitive personal data or information) Rules,
2011, states that a company will be considered to have complied with reasonable
security practices and procedures, if it has implemented such security practices and
standards and has a comprehensive documented information security programme and
information security policies that contain managerial, technical, operational and
physical security control measures that are commensurate with the information assets
being protected with the nature of business. The said rule further states that one such
standard is the International Standard IS/ISO/IEC 27001. Therefore, such security
standard complied by Namastrade will have to be set out herein.]

14.2 You are responsible for maintaining the confidentiality of your login ID and password and
shall not reveal the same to any third party. In the event you believe that your User
information has been stolen or compromised, you must contact us immediately at [Client
to insert the relevant e-mail]. We shall endeavour to block your account or provide
restricted access upon being informed of such an event in order to protect your identity and
information. However, we shall not be responsible for any unauthorized use/access to your
account or disclosure of any personal information by virtue of such an event. [ALMT
Comment: This paragraph shall be deleted in the event there is no option to register
online.]

15 Operation of this Website
This Website may be operated from Argentina. You shall ensure that you comply with the
applicable laws in the country of your location as well as the local laws or regulations of
the territory from which you access the Website or the facilities and services provided by
the Website.

16 Amendments/Changes to Privacy Policy

16.1 This policy may be revised from time to time at the sole discretion of the Company
without any advance intimation to you. Your continued use of the Website following such
revision or modification shall constitute your acceptance of the revised Privacy Policy. We
encourage you to periodically review this page for the latest information on our privacy
practices and keep yourself informed about the updated Privacy Policies.
17 Complaints
In the event that you are unhappy and or have a grievance with respect to (i) any service/
product or facility that is provided on the Website; and (ii) any other activity that may take
place on the Website, or if you have any questions, comments, concerns or feedback
regarding this Privacy Policy and/or this Website, you may bring the same to the notice of
our Grievance Officer, whose details are given below and/or lodge a complaint with us.
We shall ensure that we take all the necessary steps to address your questions, comments,
concerns to the best of our abilities.
Name: Mr. Raul Pastorini
Address: Namastrade India Private Limited, Prudential Building, 3rd Floor Hiranandani
Powai – 400076 Mumbai.
Email address: info@namastrade.com
Contact number: (+91) 9136792275
[ALMT Comment: Please note that Rule 5(9) of the Information Technology
(Reasonable security practices and procedures and sensitive personal data or
information) Rules, 2011 it is mandatory to appoint a grievance officer who shall
address any discrepancies and grievances of the provider of the information with respect
to processing of information in a time bound manner. His name and contact details are
to be displayed on the website. The Grievance Officer is required to redress the