Privacy Policy

MERCHANT POLICY

Hashtag Loyalty Private Limited (the "Company", "we", "our", "Hashtag Loyalty" or “Thrive”) is committed to protecting and respecting your privacy. This Privacy Policy sets out how we collect and process personal information about you or your authorized personnel or employees, when you visit our website thrivenow.in, all visitors who access our website or services through any mobile application (together, "Platform") and when you use our products and services (our “Services”), or when you otherwise do business with us by availing Services of the Company on the Thrive Direct Ordering Platform, register as a merchant on the Thrive or make contact with us.

This privacy policy applies to the usage of the Platform by vendors, suppliers, and/or Partner Restaurants and the respective employees and authorized representatives (“you”), and does not extend to the websites or applications of any third-parties (including Partner Restaurants).

WHAT INFORMATION DO WE COLLECT FROM CUSTOMERS?

As a Partner Restaurant, you agree that you are the primary controller and processor with respect to any personal information of Customers received by you during, in connection with, or in the course of using the Services, and therefore will be responsible to ensure the security and privacy of such information to the extent available with you. The Company will be a joint-controller with respect to such personal information provided to us by you, to the limited extent of its use for improving, promoting and for other purposes relating to the Platform and Services, and shall be entitled to access and use such data for its Services, provided that the Company will not share such data with other Partner Restaurants or otherwise sell or distribute such personal information.

We may collect and process the following personal information, for the purpose of providing the Services:

Information we collect from Partner Restaurants: We may collect and process personal information of Partner Restaurants and/or its Customers that you provide, when you do business with us – for example, as a customer or prospective customer, or as a vendor, supplier, consultant, or other third party. For example, we may hold your business contact information and financial account information (if any) and other communications you have with us for the purposes of maintaining our business relations with you.

Information we collect from Customers: We may collect and process personal information of Customers directly when they register on the Platform, and such personal information may be transferred to Partner Restaurants for the limited purpose of processing orders (including providing delivery status updates, processing payments, etc.), addressing grievances, and for offering promotions and marketing (subject to the specific consent of such Customers in terms of the Company’s user-facing privacy policy available at [https://about.thrivenow.in/privacy-policy]). You agree that your access and use of such personal information shall be limited to the purposes mentioned here and under the merchant agreement that you enter into with us, and any other access or usage, including retention beyond the period required for these purposes, will require the specific consent of the relevant Customer as well as the Company.

Information we automatically collect: We may also collect certain technical information by automatic means when you visit our website, such as IP address, browser type and operating system, referring URLs, your use of our website, and other clickstream data. We collect this information automatically through the use of various technologies, such as cookies.

Incorrect information: If the Company has reasons to suspect that the information provided by any user is misleading, inaccurate, obsolete or incomplete, the Company reserves the right to refuse provision of the Services to the user, at its sole discretion without incurring any liability to the user or any third-party‍

COMMUNITY GUIDELINES

The Platform enables Partner Restaurants and Customers to interact for orders, community interaction, reviews, promotions, and more. You agree that you will adhere to applicable law including the Information Technology Act, 2000 and the rules framed thereunder, and as set out in the Terms of Use.

DO WE USE COOKIES?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser, only if you allow, that enables the sites or service providers’ systems to recognize your browser and capture and remember certain information.

We use cookies to understand and save your preferences for future visits, to advertise to you on other sites, and to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you delete or decline cookies, some features of the Sites may not work or may not work as designed. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

However, if you choose to disable cookies, you may be unable to access certain parts of our site. A banner asking you to accept our cookies policy will be displayed upon the first visit to our website (or the first visit after you delete your cookies). Unless you have adjusted your browser setting so that it will refuse cookies and/or you have not accepted our cookies policy, our system will issue cookies when you log on to our site.

WHAT DO WE USE YOUR INFORMATION FOR?

The personal information we collect may be used in one of the following ways:

Contacting you for business purposes.
Uploading your content (raw data or otherwise) to the Platform (including contact numbers, menus, restaurant or management specific information, and other similar information.
Creating reports and providing analytical data in aggregated format with Partner Restaurants;
Permitting you to update, edit, and manage your restaurant content.
Communicating with you about your account or transactions with us (including service-related announcements) and send you information about features and enhancements of the Platform.
Informing you about changes to our policies.
Optimizing or improving our products, services, and operations.
Other uses in accordance with our Terms of Use or any other purpose disclosed to you at the time we collect the information.
Please note that by submitting comments and feedback regarding the Platform and the services, you consent to us to use such comments and feedback on the Platform and in any marketing or advertising materials.

SENSITIVE AND PERSONAL INFORMATION

We ask that you do not send or disclose to us any sensitive personal information, including without limitation: PAN number, GST number, passwords, financial information (including credit card or debit card details, bank account numbers) other than as may be necessary for business purposes, information related to racial or ethnic origin, political opinions, religion or other beliefs, sexual orientation, health (including physical/physiological/mental health, biometrics or genetic characteristics), criminal background or union membership, etc.

If you send or disclose any sensitive personal information to us, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, please do not provide it or inform us immediately, and we will delete and destroy such information from our records.

DO WE DISCLOSE PERSONAL INFORMATION?‍

Certain third-party service providers may receive personal information in certain circumstances:

1. Third parties process information such as credit card payments and provide support services related to payment, billing, invoicing, and placing/identifying orders placed with Partner Restaurants.

2. We engage certain trusted third parties to perform functions and provide services to us, including cloud-hosting services, off-site backups, email service providers, and customer support providers. We will only share your personal information with third parties to the extent necessary to perform these functions, in accordance with the purposes set out in this Privacy Policy and applicable laws.

3. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, your personal information may be sold, disposed of, transferred, or otherwise disclosed as part of that transaction.

4. We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Platform; (b) protect and defend our rights or property, the Platform or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, Partner Restaurants, or the users of the Platform / Customers or the public. This includes exchanging information with other companies and organizations for fraud protection.

5. We may use and share aggregated non-personal information with third parties for marketing, advertising, and analytics purposes.

6. We do not sell or trade your personal information to third parties.

If you are a Partner Restaurant, you agree to adhere to applicable law relating to personal information received by you from Customers.

WHAT STEPS ARE TAKEN TO KEEP PERSONAL INFORMATION SECURE?

We are concerned about ensuring the security of your personal information. We exercise great care in providing secure transmission of your information from your device to our servers. Personal information collected by our Service is stored in secure operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your personal information to you. Please understand, however, that while we try our best to safeguard your personal information once we receive it, no transmission of data over the internet or any other public network can be guaranteed to be 100% secure.

DATA RETENTION

We may retain your personal information as long as you continue to use the Platform, have an account with us, or for as long as is necessary to fulfil the purposes outlined in the policy. You can ask to close your account by contacting us at the details above, and we will delete your personal information on request.

We may, however, retain personal information for an additional period as is permitted or required under applicable laws, for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.

IDENTITY THEFT

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 etc. We will never ask for such information from you via e-mail.

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.

DISCLAIMER

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 Platform for any reason whatsoever (including on account of maintenance), you may be required to resubmit such information.

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.

When payment information is being transmitted on or through the Platform, it will be protected by encryption technology of a third-party payment services providers, including payment gateways. You agree, acknowledge and consent to such sharing of your information with third party service providers to process payments and manage your payment-related information. The Company does guarantee that the transmissions of your payment-related information or other information will always be secure.

SECURITY

We are in compliance with the following:

• The Information Technology Act, 2000 and rules thereunder;

• The Information Technology (Reasonable Security Practices and Procedures and Personal Information) Rules, 2011 (the “IT Rules”).

We also ensure that the reasonable security practices and procedures are certified or audited on a regular basis through independent auditor (duly approved by the relevant authority under applicable law) and also ensures that the audit shall be conducted at least once a year whenever we undertake a significant upgradation of its process and computer resource.

THIRD PARTY DISCLAIMER

The Platform may contain links to other websites. Please note that when users click on one of these links, they are entering another website over which we have no control and for which we will bear no responsibility. Often these websites require the user to enter their personal information. We encourage and recommend the users to read the privacy policies of all such websites as their policies may differ from our Privacy Policy. Users agree that we shall not be liable for any breach of your privacy of personal information or loss incurred by their use of such websites or services. The inclusions or exclusions are not suggestive of any endorsement by the Company of the website or contents of the website. The users may visit any third-party website linked to the Platform at their risk.

Additionally, the Platform may allow for certain content generated by the user, which can be accessed by other users. Such users, including any moderators or administrators, are not authorized representatives or agents of the Company and their opinions or statements do not necessarily reflect those of the Company and we are not bound thereby to any contract to that effect. The Company expressly disclaims any liability arising out of any reliance on or misuse of such information that is made available by the Users.

YOUR RIGHTS

You may always opt-out of receiving future e-mail messages and newsletters from Thrive. We provide you with the opportunity to opt-out of receiving communications from us by going into your profile settings and choosing the appropriate options. To opt-out, you can also send us a message at support@hashtagloyalty.com. Please note, however, that you generally cannot opt-out of service-related announcements, e.g., if the Service is temporarily suspended or if delivery of a product or service is delayed.

Notwithstanding anything contained above, if you have given us consent to process your personal data, you can withdraw your consent at any time (without this affecting the legality of any data processing undertaken before your consent was withdrawn). In such a case, we will no longer be entitled to continue with the data processing in question (unless there is another legal basis for processing). If you would like to withdraw your consent, we ask that you contact us via the contact details given in this Privacy Policy. Please indicate to what extent you wish to withdraw your consent – i.e., whether you want to withdraw consent for all data processing or only certain kinds.

CHANGES TO THIS PRIVACY POLICY

If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.

CONTACT‍

If you have any queries and requests relating to our use of your information or Thrive's Privacy Policy, you may email us at support@hashtagloyalty.com or write at the following address: Hashtag Loyalty Pvt. Ltd., Skylark Apartments, Off Union Park, Khar West, Mumbai - 400052.

GOVERNING LAW

This Privacy Policy is governed by all laws applicable within the territory of India. By using our Website and Services, you are agreeing to the terms of the Privacy Policy thereby consenting to the exclusive jurisdiction and venue of courts in Mumbai, India], in all disputes arising out of or relating to the use of the Website or the Privacy Policy.

GRIEVANCE OFFICER

If you have any questions or concerns/ grievances at all about our Privacy Policy please contact us at:

Name: Dhruv Dewan

Address: Hashtag Loyalty Pvt. Ltd., Flat no. 12, Skylark Apartments, Off Union Park, Khar West, Mumbai - 400052

Email: dhruvd@hashtagloyalty.com

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USER POLICY

Hashtag Loyalty Private Limited (the "Company", "we", "our", "Hashtag Loyalty" or “Thrive”) is committed to protecting and respecting your privacy. This Privacy Policy (“Privacy Policy”) sets out how we collect and process personal information about you when you visit our website https://about.thrivenow.in/, all visitors who access our website or services through any mobile application owned or operated by us (together, "Platform") and when you use our products and services (our “Services”), or when you otherwise do business or make contact with us.

This Privacy Policy applies to the usage of the Platform by users, which includes any user who is accessing and participating in our Community or ordering food through our Platform (“you”), and does not extend to any information collected by the websites or applications of any third-parties (including Partner Restaurants, but excluding personal information provided to us by Partner Restaurants for the purpose of providing the Services).

Our Users’ privacy is extremely important to us. We recognize the privacy concerns of the Users and hence as a commitment to provide safe and secure experience on our Platform, we have formulated this Privacy Policy to help Users make an informed decision.

LEGAL BASIS

This Privacy Policy is meant to help the Users understand what information we collect, why we collect it, what information we disclose and how the Users can update, manage, export, and delete their information. It shall be read with the terms and conditions available on https://about.thrivenow.in/terms-of-service (“Terms”) and in compliance with the following:

The Information Technology Act, 2000 and rules thereunder;
The Information Technology (Reasonable Security Practices and Procedures and Personal Information) Rules, 2011 (the “IT Rules”); and
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

This Privacy Policy and the Terms shall be governed by and construed in accordance with the laws of India which are not in conflict with each other. Any disputes arising out of or in connection with this Privacy Policy shall be subject to the exclusive jurisdiction of the competent courts of Mumbai, Maharashtra, India.

CONSENT

By accessing our Platforms and continuing to use our Services, the Users will be deemed to have read, understood and agreed to the terms as provided in this Privacy Policy. By granting their assent to this Privacy Policy, the Users provide consent to such use, collection and disclosure of Personal Information as prescribed in this Privacy Policy, including the transfer of Personal Information to third-party service providers (including Partner Restaurants) for the purpose of processing orders (including providing delivery status updates, processing payments, etc.), addressing grievances, offering promotions and marketing, and such other purposes as may be required for the purpose of providing and improving the Services.

We reserve the right to update or change our Privacy Policy at any time and the Users should check this Privacy Policy periodically. We advise the Users to check the Privacy Policy available on the Platform from time to time. Continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute the Users’ acknowledgment of the modifications and their consent to abide and be bound by the modified Privacy Policy. Users have the right to opt out of the Platform and/ or Services at any moment. In addition, the Users can, by sending an email to support@hashtagloyalty.com, inquire whether the Company is in possession of their personal data, and they may also require the Company to delete and destroy all such information, upon request.

In the event the Services are used on behalf of any other individual, or on behalf of any entity, the Users represent that they are authorised to accept this Privacy Policy and share such data as required on behalf of such person or entity and have obtained necessary consents from such third parties.

INFORMATION COLLECTED BY US

All information directly collected by the Company is with the Users’ consent. The Company is however free to use, collect, and disclose information of the Users which is in the public domain.

We also process certain Personal Information provided to us by the Partner Restaurants that is required for us to provide services to You, our Partner Restaurants or optimize the Platforms that we operate for our Partner Restaurants.

When Users use or access the Platform or the Services, the Users may provide the Company with certain information including personal information voluntarily, specific to the nature of the Service being availed on the Platform, and/or certain information may be collected by the Company depending solely on the usage of the Platform.

The Users hereby consent to the collection of such information by the Company.

Information collected by the Company shall include but not be limited to the following:

Name of the Users
Contact Details (Permanent Address, Correspondence Address, Email ID, Mobile Number etc.)
Date of Birth of the Users
Password
Profile Picture
Nationality, geolocation and time zone of the Users
Age, gender and other demographics of the Users
Financial information (including billing information)
Preference settings such as language
Posts, comments, reviews, videos, photographs and other content
Food ordering details and history
Browsing information and search terms
Communications and interactions between you and other Users or Partner Restaurants, Merchants or vendors.

We also collect certain information either when the Users provides it while using the Platform or Services and / or automatically as the Users navigate through the Platform (which may include usage details, location, IP address, device ID and type, browser type and language, the operating system used by device, access times, and information collected through web beacons and other tracking technologies and which is covered by this Privacy Policy).

Third parties may collect certain information by way of cookies, through our Platform. Such information may be collected, inter alia, for the following purposes: (a) advertising; (b) marketing; (c) data analytics; and (d) online reputation management.

If the Company has reasons to suspect that the information provided by any User is misleading, inaccurate, obsolete or incomplete, the Company reserves the right to refuse provision of the Services to the User, at its sole discretion without incurring any liability to the User or any third-party.

We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into the Services or connect with or use with the Services. When you sign in to your account with your social media account information, or otherwise connect to your social media account with the Services, you consent to our collection, storage, and use, in accordance with this Privacy Policy, of the information that you make available to us through the social media interface. This could include, without limitation, any information that you have made public through your social media account, information that the social media service shares with us, or information that is disclosed during the sign-in process. Please see your social media provider's privacy policy and help centre for more information about how they share information when you choose to connect your account.

We may also obtain information about you from third parties such as partners, marketers, third-party websites, and researchers, and combine that information with information which we collect from or about you.

USE OF THE INFORMATION COLLECTED:

We collect personal information only necessary for the following purposes:

To create and maintain your account, including personalization to improve the user experience;
To process information such as credit card payments and provide support services related to payment, billing, invoicing, and placing/identifying orders placed with Partner Restaurants;
To engage certain trusted third parties to perform functions and provide services to us, including cloud-hosting services, off-site backups, email service providers, and customer support providers. We will only share your personal information with third parties to the extent necessary to perform these functions, in accordance with the purposes set out in this Privacy Policy and applicable laws;
To improve and enable you to avail of our Services, and ensure efficient customer care experience, increasing efficiency of existing features, and develop new features;
To improve support, marketing and promotional efforts, to analyse Platform usage, improve the Platform’s content, layout and Service offerings.
To dispatch transaction-related communications such as welcome letters and billing reminders;
To notify the necessary information related to the Platform and Services and your account on the Platform from time to time;
To maintain records and provide you with an efficient, safe and customized experience while using the Platform;
To use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Platform; (b) protect and defend our rights or property, the Platform or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, Partner Restaurants, or the Users of the Platform / Customers or the public. This includes exchanging information with other companies and organizations for fraud protection.
To analyse overall trends to help us improve the Platform and Services, including displaying detailed analytics to Users;
Verify your identity and prevent fraud or other unauthorized or illegal activity;
To comply with applicable laws, rules, and regulations;
To transfer the data and the rights associated therewith to a third party as part of reorganization or a sale of the assets of any division of the Company or the entire Company itself;
And in any other way consistent with this Privacy Policy and to support the above activities.

DISCLOSURE OF THE INFORMATION COLLECTED:

We may share your personal information with service providers, business partners, data analytics providers, affiliates and other Users/website visitors.
If we are involved in major business transactions like merger, acquisition, financing due diligence, reorganization, bankruptcy, sale or purchase of assets, or transition of service to another provider, your information may be transferred as a part of such a transaction, as per applicable law and/or contract.
We do not store data without the specific consent of Users, except as set out in this Privacy Policy.

Additionally,

We reserve the right to use or disclose your personal information in response to any statutory or legal requirements in order to protect our rights, the rights of our other Users, data processors and any other person or property.
We will use or disclose your personal information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Terms, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.

Please note that we do not sell or trade your personal information to third parties.

PERMISSIBLE AGE

The Services are not intended for users under the age of 18, unless permitted under applicable local laws (Permissible Age). We do not knowingly collect any personal information from Users or market to or solicit information from anyone under the Permissible Age. If we become aware that a person submitting personal information is under the Permissible Age, we will delete the account and any related information as soon as possible. If you believe we might have any information from or about a user under the Permissible Age, please contact us at support@hashtagloyalty.com.