This website www.happyness.net (“Website”) is owned and operated by the management of Arthimpact Finserve Pvt Ltd (“Arthimpact” (operating under the brand name of HAPPY) which expression shall mean and include its affiliates, successors and permitted assigns). Happy provides services to the Users through the Website and is committed to protecting and respecting the privacy of the Users.

In the course of using this Website or availing the products and services vide the online application forms and questionnaires, Happy and its affiliates may become privy to the personal information of its Users, including information that is of a confidential nature.

Happy is strongly committed to protecting the privacy of its Users and has taken all necessary and reasonable measures to protect the confidentiality of the User information and its transmission through the World Wide Web. Happy shall not be held liable for disclosure of the confidential information if such disclosure is in accordance with this Privacy Policy (“Policy”) or in accordance with the terms of any agreements entered into with the Users. Happy also assures not to disclose all information that it learns during the transactions and payments made to the User’s account(s).

“User(s)” shall mean and include all individuals, companies and private organisations that visit the Website and provide information to Happy through any of the modes referred to in the clause on “Collection of Information” below.

COLLECTION OF INFORMATION

During the use of the Website, Happy may collect and process such information from the Users, including but not limited to the below mentioned:

• Information that the Users provide to Happy by filling in forms on the Website. This includes contact information such as name, email address, mailing address, phone number, financial information, if any, unique identifiers such as user name, account number, password and preferences information such as favourites lists and transaction history;
• Information that the Users provide when the Users write directly to Happy (including by way of e–mail);
• Information that the Users provide to Happy over telephone. Happy may make and keep a record of the information shared by the Users with Happy;
• Information that the Users provide to Happy by completing surveys;
• Information relating to logs is automatically reported by the User’s browser each time the User accesses a web page. When the User uses the Website, Happy’s servers automatically record certain information that the User’s web browser sends whenever the User visits any website. These server logs may include information such as the User’s web request, Internet Protocol (IP) address, browser type, referring/ exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information. Happy uses this information, which does not identify Users, to analyse trends, to administer the Website, to track Users’ movements around the Website and to gather demographic information about the User base as a whole. Happy does not link this automatically–collected data to personally identifiable information.

NON–DISCLOSURE

Happy pledges that it shall not sell or rent Users’ personal details to anyone. Happy will protect every bit of the Users’ business or personal information and maintain the confidentiality of the same. With this seal of trust, Happy makes its services available to the Users for assessment and analysis that include credit and behaviour scoring, market and product analysis.

Happy guarantees that it is going to keep all information confidential except in the following cases:

• Happy may disclose Users’ information to governmental and other statutory bodies who have appropriate authorisation to access the same for any specific legal purposes.
• Happy may disclose Users’ information if it is under a duty to do so in order to comply with any legal obligation, or in order to enforce or apply the Terms of Use (displayed on the Website), or to protect the rights, property or safety of Happy, its Users or others. This includes exchanging information with other companies / agencies that work for fraud prevention and credit reference.
• Happy may disclose Users’ information to its agents under a strict code of confidentiality.
• Happy may disclose Users’ information to such third parties to whom it transfers its rights and duties under the customer agreement entered into with the Users. In such an event, the said third parties’ use of the information will be subject to such confidentiality obligations as contained in this Policy.
• Happy may disclose Users’ information to any member of its related or group companies including its subsidiaries, its ultimate holding company and its subsidiaries, as the case may be.
• In the event that Happy sells or buys any business or assets, it may disclose the Users’ information to the prospective seller or buyer of such business or assets. User, email and visitor information is generally one of the transferred business assets in these types of transactions. Happy may also transfer or assign such information in the course of corporate divestitures, mergers or dissolution.

Happy shall ensure that in case of disclosure of whole or part of the User’s information to a service provider or agent, within or outside India, the same shall be bound by obligations of confidentiality at least as strict as Happy’s obligations under this Privacy Policy and the information shall be accorded the same level of protection as provided by Happy under the terms of this Privacy Policy. Happy may store the User’s information in locations outside the direct control of Happy (for instance, on servers or databases co–located with hosting providers).

Happy never will sell or rent personal information of its clients to anyone, at any time, for any reason. Happy may use the User’s personal information in the following ways, viz:

• Monitor, improve and administer the Website and improve the quality of services;
• Analyse how the Website is used, diagnose service or technical problems, maintain security;
• Remember information to help the User effectively access the Website;
• Monitor aggregate metrics such as total number of views, visitors, traffic and demographic patterns;
• To confirm the User’s identity in order to determine its eligibility to use the Website and avail of the services;
• To notify the User about changes to the Website;
• To enable Happy to comply with its legal and regulatory obligations;
• To help the User apply for certain products and services.
• For the purpose of sending administrative notices, service related alerts and other similar communication with a view to optimising the efficiency of the Website.
• Doing market research, troubleshooting, protection against error, project planning, fraud and other criminal activity.
• To reinforce Happy’s Terms of Use.

Access to personal information is strictly restricted and shared in accordance with certain specific internal procedures and safeguards that govern access. Certain features of the Website are available for use without any need to provide details. Other features of the Website may require Users to provide details including but not limited to the User’s name, address, mobile number, email address, PAN No., employment & income details.

SECURITY OF INFORMATION

Happy takes the security of its User’s information very seriously. Happy protects the User’s information using bank–level data security: 128 bit–encryption and a Secure Sockets Layer (SSL) protocol. This creates an encrypted connection between the User’s browser and Happy’s servers. All information remains encrypted at all times. If the User allows Happy to see its banking information online rather than in paper form, it is on a read–only basis. Happy does not have access to change, edit, or modify bank account information in any manner whatsoever. Happy employees cannot view the User’s banking username and passwords, and the same is securely stored in separate encrypted areas with its financial services providers.

All information provided to Happy is stored on its secure servers whether outside or within India.

Happy uses commercially reasonable safeguards to preserve the integrity and security of the Users’ information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment.

The information that is collected from the Users may be transferred to, and stored at, a destination inside or outside India. By submitting information on the Website, the Users agree to this transfer, storing and/ or processing. Happy will take such steps as it considers reasonably necessary to ensure that the Users’ information is treated securely and in accordance with the Policy.

In using the Website, the Users accept the inherent security implications of data transmission over the internet and the World Wide Web cannot always be guaranteed as completely secure. Therefore, the use of the Website will be at the own risk of the Users.

Happy assumes no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond its reasonable control and the User agrees not to hold Happy responsible for any breach of security unless such breach has been caused as a direct result of gross negligence or wilful default by Happy.

In the event Happy becomes aware of any breach of the security of the Users’ information, it will promptly notify the Users and take appropriate action to the best of its ability to remedy such a breach.

EXCLUSION

This Policy does not apply to any information other than information collected by Happy through the Website including such information collected in accordance with the clause on “Collection of Information” above. This Policy shall not apply to any unsolicited information provided by the Users through this Website or through any other means. This includes, but is not limited to, information posted to any public areas of the Website. All such unsolicited information shall be deemed to be non–confidential and Happy shall be free to use, disclose such unsolicited information without limitation.

COOKIES

Happy collects certain information from the User’s browser using small data files called “cookies.” Happy uses session ID cookies to confirm that customers are logged in. This type of cookie helps Happy recognize a customer if he or she visits multiple pages on the Website during the same session, so that separate passwords are not required to access each page. These cookies terminate once the customer closes the browser. By default, Happy uses a persistent cookie that stores customer login ID (but not password) to make it easier for the customer to login when returning to the Website. Happy encodes its cookies so that only Happy can interpret the information stored in them. The User may remove or block this cookie using the User’s browser settings to disable the feature.

Happy also stores transaction history. Happy may collect additional information in ways not specifically described herein. For example, Happy may track information related to interactions with customer service or responses from surveys or other feedback tools. Happy uses this information to continually improve the service provided to the customers.

Happy’s Privacy Policy does not cover the use of cookies by its partners and affiliates. Happy does not have access or control over these cookies. Happy’s partners and affiliates may use session ID cookies to provide a custom user experience and to track the success of Happy’s partnership with them.

WEB BEACONS

The web pages of the Website contain electronic images known as “web beacons” (sometimes called single–pixel gifs) and are used along with cookies to compile aggregated statistics to analyse how the Website is used. Web beacons may also be used in some of Happy’s emails to so as to know which emails and links recipients have opened, allowing it to gauge the effectiveness of its customer communications and marketing campaigns.

REFERRALS

If the User wishes to introduce Happy / the Website to any other person / entity, the User will be asked to provide such person / entity’s name and email address. Happy will automatically send such person / entity an email inviting it or to visit the Website. Happy stores this information for the purpose of sending this email and keeping a record of the number of persons / entities so referred by the Users. Happy may send additional emails to the said person / entity in connection with services offered by Happy. Such person / entity may contact Happy at [email protected] to request that this information be removed from Happy’s database.

LINKS TO THIRD PARTY WEBSITES

The Website includes links to other websites whose privacy practices may differ from those of Happy. The inclusion of a link does not imply any endorsement by Happy of the third party website, the website’s provider, or the information on the third party website. If the Users submit personal information to any of those websites, such information is governed by the privacy policies of such third party websites and Happy disclaims all responsibility or liability with respect to these policies or the websites. The Users are encouraged to carefully read the privacy policy of any website that they visit.

SOCIAL MEDIA WIDGETS

The Website includes Social Media Features, such as the Facebook “Like” button and Widgets, or interactive mini–programs that run on the Website. These features may collect the Users’ IP address, which page the Users are visiting on the Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Website. The Users’ interactions with these features are governed by the privacy policy of the company providing it.

OPTING OUT OR EDITING CUSTOMER INFORMATION

To opt out of email correspondence from Happy or make a change to (or delete) the User information stored in Happy’s records, please contact Happy at [email protected].

The User may write to Happy at,

Santhosh Embrandiri

Happy, One India Bulls Center, Unit 1204A, 

Tower 2A, Floor 12A,Senapati Bapat Marg, Mumbai-400 013.

Happy will respond to the User’s request within 10 days.

DATA RETENTION

User information will be retained for as long as the User account is active or as needed to provide services to the User. If the User wishes to cancel its account or requests that Happy no longer uses its information to provide services, the User may contact Happy at [email protected]. Happy will retain and use User information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements or for other business purposes.

CHANGES TO PRIVACY POLICY

In the event Happy modifies this Privacy Policy, the same will be updated on the Website. In case of any material changes to the Policy, the Users will be notified by email (sent to the email address specified in the User’s account) or by means of a notice on this Website prior to the change becoming effective. The Users are encouraged to periodically review this page for the latest information on its privacy practices.

SEVERABILITY

Happy has made every effort to ensure that this Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy.

NO WAIVER

The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non–exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

GOVERNING LAW OR DISPUTE RESOLUTION

This Policy shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Mumbai shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.

If any dispute arises between Happy and the User in connection with or arising out of the validity, interpretation, implementation or alleged breach of any provision of the Policy, such dispute shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause.

There shall be one (1) arbitrator as appointed by Happy and the seat of the arbitration shall be Mumbai, India.

The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

FOREIGN JURISDICTION

Happy makes no representation that the content contained on the Website is appropriate or to be used or accessed outside of the Republic of India. If the Users use or access the Website from outside the Republic of India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction.

CONTACT

Any questions or concerns should be addressed to: [email protected].

or

Happy,

Santhosh Embrandiri

Happy, One India Bulls Center, Unit 1204A, 

Tower 2A, Floor 12A,Senapati Bapat Marg, Mumbai-400 013