Privacy & Policy

Welcome to LotusFunds (“LotusFunds”, “we”, “us” or “our”). For us, at LotusFunds, your privacy is placed on the highest pedestal and its protection is given the utmost level of importance. We are committed to protect your privacy and data in keeping with the Information Technology Act 2000 (the "Act") and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 ("Rules") framed and issued by the Government of India pursuant to the provisions of the Act. We are also committed to a responsible and justified usage of your personal information, only to the extent for the provision of our services. This user-friendly document is meant to help you understand our common practices with regard to the personal information we collect from our users on our website, located at www.LotusFunds.com (“website”) related online services and for other purposes that are permitted or required by law. Please read this Privacy Policy before using the Website or submitting any sensitive personal information or data.

The Act and the Rules impose restrictions on how we may use collects, receives, possess, stores, deals or handle information of provider of information.

1. Information We Collect

We collect the following information which includes but is not limited to the following:

• Name, address and phone number;
• E-mail address;
• Internet Protocol address;
• Age and Gender;
• Preferences and settings for the home page and other pages on our site, preferences for time-zone, language, etc;
• URL of the last page visited before visiting our website;
• Your browsing pattern, search history, links clicked, services viewed, features used to view services, the duration of such views, etc.;
• Information received through peer-to-peer electronic communication (Examples: Telephonic conversation, emails, online chat, etc.);
• User Content and/or any specific Online interaction (Examples: Testimonials, and feedbacks);
• KYC norms;
• Financial history and situation;
• Risk appetite, Investment objectives and duration of investments;
• Income details;
• Existing investments / assets; and
• Liability / borrowing details.

In addition to the above, we may conduct surveys, polls and other information gathering tools on our website to get your feedback about various things such as your experience with our website, the products and services offered, and so forth. We also collect information on browsing behavior, pages viewed, and other information required for analytics purposes.

By providing the Personal Information of another person, you imply that you have all the necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose his or her Personal Information as set forth in this Privacy Policy. You also acknowledge that you will complete the Risk Profile Questionnaire and comply with the KYC norms as described by SEBI on time to time.

LotusFunds may, in its absolute discretion, suspend/hold its services where the KYC requirements are incomplete or incorrect or showing status as pending in KRA sites. The User will not hold LotusFunds liable for such incidents.

This document does not extend to information, if any, which is not covered by privacy laws.

2. Usage of Information

LotusFunds use the information provided by the User for the following purpose:
Your information is used to:

• To provide the service you request;
• Assess your capacity to absorb loss;
• Indentify your ability to accept the risk of loss of capital;
• Interpret your responses for risk profiling;
• Communicate your risk profile to you;
• Update your risk assessment periodically;
• Provide you our services including but not limited to Research Analyst and Investment advisory services;
• To send you e-mail notifications; and
• To send newsletters, research report, surveys, offers, and other promotional materials related to our Services and for other marketing purposes;

Your contact information is used to contact you when necessary. We use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information. Further, we may use your IP address to help protect our partners, vendors and ourselves from fraud. We will transfer information about you if we are acquired by or merged with another company. In this event, we will notify you by email or by putting a notice on the site before information about you is transferred and becomes subject to a different privacy policy.

• To develop, enhance, market, sell or provide our products or services, or those of companies with which we have a commercial relationship;
• To issue invoices, administer accounts, collect and process payments;
• To provide tips or guidance on how to use our website, inform you of new features on our website, or provide other information that may be of interest to you;
• To personalize the service we provide to you, tailor your experience to your interests and make more appropriate recommendations;
• To send you e-mails, e-newsletters, personalized offers via direct messaging or other communications about our services, if you have subscribed to receive this information;
• To process and track your transactions;
• To evaluate credit standing and to match credit bureau or credit reporting agency information; to investigate, detect and protect ourselves and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activities.
• To effect a corporate transaction, in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business;
• To audit compliance with our policies, contractual obligations and statutory obligations; and
• As permitted by, and to comply with, any legal or regulatory requirements or provisions; or for any other purpose to which you consent.

Additionally, we may share your information in any other circumstances where we have your express consent. In every event that we share your information with any third party, we ensure to the best of our efforts that your personal data is handled with securely without any danger of leakage or breach

3. Communications

When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

4. Disclosure Policy

We disclose your personal information in the manner below.

• Staff and Employees: We will share your personal information with our staff member(s) and employees for the purpose of providing services (for example, our billing clerk or a customer service representative);
• Third Party: We share information with third parties only when needed to deliver to you products or services that you request. We may share your information including personal information to third parties to carry out technical, logistical and other functions on our behalf (for example sending emails, SMSs, WhatsApp or newsletters to users). We may use third-party advertising companies to serve ads when you visit our website. These companies may use information about you and your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. When you click on links and/or ad banners that take you to third-party websites, the third party may collect information about you at their Website/application. The third party may have its own privacy policies that differ from ours. We encourage you to read such posted privacy statement(s) whenever interacting with any website you visit. However, we ensure to the best of our efforts protection of your data and that your personal data is handled with securely without any danger of leakage or breach. Except as set forth above, we will not transfer your personal information to an unrelated third party without your consent.
• Statutory purpose: In compliance with the applicable laws, we may be required to disclose certain information as required by the law enforcement or the courts. Such statutory disclosure shall not be construed as an infringement of this Privacy Policy.
• Cookies: We may use a software technology called "Cookies" and similar technologies. Cookies are small files sited on your hard drive that assist us in providing customized Services for our users. This technology is not used to collect personally identifiable information. It is only meant to customize your online experience with us and enables us to provide optimized services to you. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party. We may also offer certain features that are only available through the use of a Cookie. Cookies help us provide information, which is targeted to your interests. Cookies may be used whether you register with us or not.
• Analytics information: We may use third party analytics tools to help us measure traffic and usage treads for the Services. These tools collect information sent by your device or our Services, including the pages you visit, add-ons, and other information that assists us in improving the Services. We may collect and use this analytics information from other users to identify any particular individual user.
• Device identifiers: When you use a mobile device like a tablet or phone to access our Services, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by LotusFunds. A device identifier may deliver information to us or to a third party partner about how you browse and use the Services and may help us or others provide reports or personalized content and ads. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.
• In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:
  1. remember information so you will not have to re-enter it during your visit or the next time you visit the Services;
  2. provide personalized content and information to you and others, which could include online ads or other forms of marketing;
  3. provide, improve, test, and monitor the effectiveness of our Services;
  4. develop and test new products and features;
  5. monitor metrics such as total number of visitors, traffic, and demographic patterns; and
  6. diagnose or fix technology problems;

5. Protecting Your Privacy – Security

LotusFunds takes appropriate measures to protect our User’s information including but not limited to information mentioned herein under Clause 1 of this Privacy Policy from unauthorized access or disclosures.

All of our Users' information (whether or not sensitive) is restricted in our offices. Our staff and employees are kept up-to-date on our security and privacy policies and practices and are regularly reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment.

6. Your Options- Choice/Opt-out

Our users are given the opportunity to 'opt-out/unsubscribe' from receiving certain offers and emails, SMS, WhatsApp and calls from us.

Users, who no longer wish to receive any communication from us, may opt-out of receiving these communications by sending us an email at compliance@lotusfunds.com.

7. Data Retention and Erasure

We retain your Information as long as necessary for the legitimate interests specified in this Privacy Policy and for us to comply with our legal obligations. If you no longer want us to use your Information then you can request that we erase your personal information and close your account.

• • Please note that if you request for the erasure of your Personal Information; We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an account for fraud or safety reasons, we may retain certain information from that account to prevent that user from opening a new account in the future.
• • We may retain and use your Personal Information to the extent necessary to comply with our legal obligations and reasons of public interests. For example, we may keep some of your information for tax, legal reporting and auditing obligations.
• • Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the website, even after your account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
• • Because we maintain copies of Personal Information to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

8. Phishing

Phishing is a term used to describe a type of Internet scam in which inauthentic emails that appear to be coming from a legitimate source are sent in an attempt to trick you into providing confidential information. These emails usually invoke a sense of urgency and often imply that your account is about to be closed unless immediate action is taken. They will often ask you to click on a link that leads you to a webpage that simulates that of the legitimate source, but is really a page specially designed to get you to input your confidential information such as account number, password, or credit card number. The thieves then use that information to commit fraud and identity theft against you.

Please know that LotusFunds takes the privacy of our users very seriously. We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we may use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your account credentials have been lost, stolen, altered, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us at www.LotusFunds.com. If you have any additional questions about the security at our Service, you can send an email to www.LotusFunds.com.

9. Other web sites and services:

We are not responsible for the practices employed by any websites or services linked to or from our Services, including the information or content contained within them. Please remember that when you use a link to go from our Services to another website, application or service, our Privacy Policy does not apply to those third-party websites, application or services. Your browsing and interaction on any third-party website, application or service, including those that have a link on our website/application, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website, application or service and you allow them to access your User Content you do so at your own risk.

10. Your Rights:

Except as otherwise noted in this Privacy Policy, LotusFunds is a data controller under the European Union General Data Protection Regulation (“GDPR”), which means that we decide how and why the information you provide to us is processed, including any third-party website or service whose links can be accessed through our Services. We do not collect or otherwise record, process, organize, structure, store, adapt, alter, retrieve, use, disclose by transmission, dissemination or otherwise making available a customer’s personal information pertaining to his/her race, religion, caste, sexual orientation or health or any other information that may be deemed to be sensitive under GDPR (collectively, “Sensitive Personal Information”) in the ordinary course of our business. Where we need to process your Sensitive Personal Information for legitimate purposes, we do so in accordance with the applicable law.

GDPR has provided the following rights to customers who are residents of countries who are members of the European Union:

• • Right to information including contact details to the Data protecting Officer of LotusFunds, the purposes for processing user information and the rights of the user.
• • Right to access the Purchase Information that are processed by LotusFunds
• • Right to erasure (“Right to be forgotten”) - this includes the right of the user to have all personal data to be erased from the records of the data controller.
• • Right to rectification of Purchase Information that is processed by LotusFunds
• • Right to restriction of processing personal data
• • Right to data portability of the Purchase Information supplied to LotusFunds by the user.
• • Right to object (opt-out) to processing Sensitive Personal Data (unless LotusFunds otherwise has compelling legitimate grounds)

In the event you delete the account, we will not store your data beyond the period where it is required for us.

11. Contacting us

LotusFunds welcomes your comments or questions regarding this Privacy Policy. If you have any questions about the security at our Service and this Privacy Policy, please contact us in writing at:

LotusFunds B 904, Tulsi Gagan, Sector 21, Kharghar, Navi Mumbai, Maharashtra 410210.

11. Contacting us

This Privacy Policy is subject to change from time to time. We reserve the right, at our sole discretion, to modify the terms of this Privacy Policy from time to time in order to ensure compliance with applicable laws (“Updated Terms”). The Updated Terms shall be effective immediately and shall supersede the terms of this Privacy Policy. We will notify you of any changes to this privacy policy if the changes made to the policy significantly affects your rights or as may be required by law. You shall be solely responsible for reviewing the Privacy Policy from time to time for any modifications. By continuing to use the Website after the updated Terms have been published, you affirm your agreement to the Updated Terms.

13. Changes in Corporate Structure

If all or part of LotusFunds is sold, merged or otherwise transferred to another entity, any information that you have provided within the device may be transferred as part of that transaction. However, LotusFunds will take reasonable steps to assure that such information remains confidential and to provide notice before such information becomes subject to a different privacy policy.

14. Disputes And Jurisdiction

All disputes involving this Privacy Policy shall be resolved through the Dispute Resolution mechanism set forth in our Terms of Use / Service.