Privacy Policy

[NU Investors Technologies Pvt. Ltd. – Stock Broking and Mutual Fund Execution Platform]

Effective Date: 31 March, 2024

1. INTRODUCTION

This Privacy Policy (“Policy”) is for the general usage of the Lemonn Platform and also for stock broking and mutual fund execution services (“Services“) provided by M/s NU Investor Technologies Private Limited, a company incorporated under Companies Act, 2013 (CIN: U67200MH2021PTC364704) (“NU, “Company”, “We” or “Us”) through the Lemonn Platform owned and managed by M/s Bitkuber Investments Private Limited (“Bitkuber”) – Lemonn Platform. Please read this Policy carefully before accepting. By accepting the terms of this Policy, You agree that You have read, understood, acknowledged and accepted the Policy to use, store and share Your data for availing the Services. We reserve the right to update the Policy from time to time. Please ensure that You read the terms of the Policy periodically to stay updated on our Terms.

NU is a registered Stock Broker under the Securities Exchange Board of India (Stock Brokers) Regulations 1992 (“SEBI SB Regulations”) having registration no.- INZ000304837 and a Depository Participant (“DP”) under the Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018 (“SEBI DP Regulations”) using CDSL as the Depository having SEBI Registration no.- IN-DP-712-2022  

We welcome “You” or ‘Your’ as our “ User(s)/ Client” to trade, invest in, track and manage Your investments in the securities market and appreciate Your interest in our Lemonn Platform. This Policy describes how We collect, receive, store, possess, deal, handle, process, share, use, disclose and protect User Information that may directly or indirectly, identify You or related to You or in connection with Your usage of the Lemonn Platform during and after Your relationship with Us.      

Consent. By clicking “I agree” to the Terms and this Policy while registering for our Services, or by accessing or using the Lemonn Platform in any manner You consent to this Policy.  

THIS POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS THE USER OF LEMONN PLATFORM, AND US, AS THE PROVIDER OF LEMONN PLATFORM. BY REGISTERING FOR THE SERVICES WITH NU OR BY OTHERWISE USING LEMONN PLATFORM, YOU ARE HEREBY PROVIDING NU YOUR EXPRESS CONSENT TO VOLUNTARILY PROVIDING AND ALLOWING NU TO USE, COLLECT, ACCESS, PROCESS, STORE, DISCLOSE AND PROTECT THE USER INFORMATION IN ACCORDANCE WITH THIS POLICY. THIS POLICY DOES NOT APPLY FOR SERVICES OR THIRD-PARTY PLATFORMS (WHICH MAY HAVE THEIR OWN PRIVACY POLICY OR PRIVACY NOTICE) THAT ARE CONNECTED VIA LINKS TO LEMONN PLATFORM.

IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE LEMONN PLATFORM. ALSO, IN THE ABSENCE OF AN ACCEPTANCE OF THE POLICY BY YOU, WE WILL NOT BE ABLE TO PROVIDE SERVICES UNDER THE LEMONN PLATFORM OR ONE OR MORE FEATURES OF LEMONN PLATFORM TO YOU. FURTHER, YOU WILL HAVE THE OPTION TO NOT PROVIDE YOUR CONSENT, OR WITHDRAW ANY CONSENT GIVEN EARLIER, PROVIDED THAT THE DECISION TO NOT PROVIDE CONSENT / WITHDRAWAL OF THE CONSENT IS INTIMATED TO US IN WRITING. IF YOU DO NOT PROVIDE US USER INFORMATION OR WITHDRAW THE CONSENT TO PROVIDE US WITH ANY OF YOUR USER INFORMATION AT ANY POINT IN TIME, WE SHALL HAVE THE OPTION NOT TO PROVIDE LEMONN PLATFORM OR ONE OR MORE FEATURES OF LEMONN PLATFORM OR THE BENEFITS OF LEMONN PLATFORM OR SERVICES THEREIN FOR THE PURPOSES OF WHICH THE SAID USER INFORMATION WAS SOUGHT.

THIS POLICY IS ENTERED INTO INTER ALIA AS PER THE REQUIREMENTS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RELEVANT RULES MADE THEREUNDER.

Capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Use and SEBI SB Regulations and  SEBI DP Regulations.

2. THE DATA AND INFORMATION ABOUT YOU

You may share, disclose and provide, and NU may collect, receive, store, possess, deal, handle, process, share, use, disclose and protect different categories of Personal Data, including  Sensitive Personal Data Information (“SPDI”), or such similar data and information known by any other term under the applicable laws, about You or the data and information related to You or in connection with Your usage of any one or more features or Services of the Lemonn Platform  (collectively referred to as “User Information”). Such User Information (which shall include Personal Data, SPDI, and Non-Personal Data and more specifically the data or information as identified below) is only collected and processed with Your consent for performance of our contract with You, unless otherwise required or permitted under the applicable laws. Below is an indicative (and not comprehensive and complete) nature of data about You which we have grouped together:

2.1.1 Identity Data: includes, without limitation name, username or similar identifier, citizenship, occupation, marital status, father/ spouse full name, mother’s name, date of birth, electronic copy of physical signature, selfie, nominee details and gender, PAN number and officially valid document details including masked aadhaar details in compliance with applicable law. 

2.1.2 Contact Data: includes, without limitation, proof of address, current (residing) state, email address and telephone/mobile numbers eg. instant messaging account.

2.1.3 Financial Data: includes bank account details, demat account details, source of wealth, gross annual income, mutual fund folio number/folio details, list of extant assets and liabilities and/or payment instrument details.

2.1.4 Transaction Data: includes, without limitation, details of depository account, account statement requirements, any transaction whether financial or otherwise entered into by You with Us or on the Lemonn Platform.

2.1.5 Technical Data: includes, without limitation, internet protocol (IP) address, cookies, computer or device information, device location, device ID, storage, model or mobile network, promotional SMS or App notifications, information related to Your browser and operating system.

2.1.6 Usage Data: means a variety of data and information to better understand You, which may include information about the webpage that you were visiting before, the Lemonn Platform and the Services features You used or browsed, date and time of the same, and information about You, Your usage preferences, which includes Your journey, transaction history, behavioural and any other information about how You use the Lemonn Platform.

2.1.7 Profile Data: includes, without limitation, Your Identity Data, Contact Data, Financial Data, Transaction Data, risk profiling, interests, preferences, feedback, survey responses and all data (including Personal Data) contained in Your User profile under Your account, and which may contain data and information populated by You.

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1. Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, Rule 2, “Personal Information is defined as “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 a body corporate, is capable of identifying such person.”

2. Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, Rule 3, “Sensitive personal data or information of a person is described as “such personal information which consists of information relating to;— (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details ; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise: provided that, 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 shall not be regarded as sensitive personal data or information for the purposes of these rules”.

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2.1.8 Marketing and Communications Data: shall include, without limitation, Your preferences in receiving Ours, Lemonn Platform service providers, or third parties’ marketing and promotional communications / content from Us. 

Certain User Information as indicated above will be shared by You or accessed by Us only when You become a client of the Services offered by Us. You can still use the Lemonn Platform without becoming a stock-broking client and for such usage You may share and We may access certain data and information of Yours as indicated above.

The term ‘User Information’ does not include non-personal data i.e.:

a. data where the identity has been removed (i.e. anonymous or anonymised data);

b. aggregated data (eg. statistical or demographic data) which is non-personal information, for example, aggregated or anonymized information about users and other information that does not identify any individual (i.e. aggregated data). 

You hereby explicitly agree and acknowledge that We may use, store, process, disclose, share, create derivative works of etc. the above non-personal data identified in (a) and (b) above for any purpose what-so-ever unless the same is expressly and to the extent prohibited to be used, stored, processed, disclosed or shared under any applicable law that applies to Us.

3. HOW WE COLLECT AND RECEIVE USER INFORMATION

From User: For provisioning Your User account on Lemonn Platform and for the purposes as set forth in this Policy, We will receive a limited amount of User Information like name, date of birth, PAN, mobile no., email id and bank account details (basic details) through Bitkuber along with giving You an option to edit only the pre-filled bank account details and re-enter the PAN number. However, for provisioning of the Services and for the purposes as set forth in this Policy, You will have to additionally share with Us Your Profile Data and Financial Data by filling in the user on-boarding application form on the Lemonn Platform. 

External Service Providers: For completion of Your registration as a client of the Services provided by NU, You authorise Us to collect and receive relevant information (including personal and investment information) in respect of Your transaction with relevant third party entities and their service providers (including but not limited to KYC Registration Agencies (“KRAs”) / Central Know Your Customer (“CKYC”) / Stock Exchanges/ Depositories/ Clearing Corporations/ Mutual Fund asset management companies (“AMCs”) / Registrar and Transfer Agents (“RTAs”) / BSE Star MF/ Financial Institutions/ Account Aggregators/ third party service providers / payment aggregator partners etc.), which enables Us to collect User Information: (a) to create / register a stock broking and mutual fund execution client account with Us; (b) to create / register a User account via BSE StAR MF Platform (a Bombay  Stock  Exchange  Star  MF  Platform recognised as stock exchange infrastructure facility to purchase and redeem Mutual Fund units directly from AMCs); (c) to collect and facilitate allocation of units opted by User through desired  AMC’s; (d) to receive reports & information of the transaction made on the Lemonn Platform; (e) to collect and maintain detailed records of the transactions of Users (after they have become registered Clients); (f) to also collect transaction data feed / details regarding unit holdings in respect of your investments from your AMCs through authorised RTAs for updating You on the MF Product App; and (g) to display such data on the Lemonn Platform  page of Your account. Further, You hereby consent Us to use Your mobile number to use third party processors to fetch your UPI handles, which we will use to assist You in making payments via your preferred UPI handle. Such data is processed in accordance with Section 5 below. 

4. COOKIES & EXTERNAL LINKS

4.1 Cookies. We may use Cookies or similar technologies and tools to ensure that We give You the best experience on our Lemonn Platform. If You continue to use this Lemon Platform, We will assume that We have Your consent to undertake processing activities under Section 6 of this Policy. We may also use Cookies in tracking technologies (like web beacons and pixels) to access and store information. Specific information on how we use such technologies and how You can refuse certain cookies is set out in our Visitor/Cookies Policies. 

4.2 External links: While availing Services from authorised entities and any related third party service providers, You may encounter hyperlinks to other websites, apps, content or resources including those provided by such entities. We have no control over such external links shared in lieu of facilitating  and enabling support services, which are provided by persons, service providers and / or companies other than Us. These external/application, and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of User Information that You may be exposed to. We recommend that You review their respective privacy policy to ensure that privacy of Your User Information is protected by such third parties, including but not limited to service providers.

5. HOW WE USE YOUR INFORMATION 

We will use Your User Information in any of the following circumstances:

5.1 To undertake Know Your Customer (KYC) / Anti-Money Laundering (AML) verifications and other requirements to complete Your registration with Us and otherwise as deemed fit by Us in Our sole discretion.

5.2 To provide, or You need to use the Services on the Lemonn Platform.

5.3 To perform Our contractual obligations with You and any other obligations which require the use of Your User Information.

5.4 Where We need to comply with a legal or regulatory obligation, or otherwise as required or permitted under applicable laws.

5.5 To keep Our Lemonn Platform and Our Users safe and secure.

5.6 We may use Your User Information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns, to evaluate and improve Lemonn Platform, marketing / promotion as per Your interests, and Your experience, or such other purposes as may be identified in this Policy, Terms, or agreed between You and Us – and to the extent permissible under applicable laws.

5.7 To create one or more derivative works from Your User Information for improving or enabling Lemonn Platform service providers to provide or improve the Services on the Lemonn Platform. 

Why We Process	Type of User Information	What We Process
To facilitate account creation and authentication and otherwise manage User  accounts: We may process User Information so You can create Your account, as well as keep Your  account in working order.	(a) Identity Data (b) Contact Data (c) Profile Data (d) Financial Data	– PAN Number – Masked Aadhaar – Selfie – copy of the physical Signature – Marital status, – Father/ Mother/ Spouse full name – Bank account details – Current State of residence – Country of origin – Occupation – Source of wealth – Gross annual income – Nominee details – UCC – Other information as may be required at the time of registration on the Lemonn Platform or for registration as a client for the Services.
To provide access to more information about our Lemonn Platform and to study how  Users use our Lemonn Platform.	(a) Identity Data (b) Contact Data (c) Profile Data	We track User behaviour through – Cookies- Transaction records of Users.
To collect and share User Information with respective third parties for providing  Services. Our operations team will share User Information for initiating the Services by setting up  Your designated accounts and facilitating the processing of Your instructions which You  may initiate via Your designated investment account (“Transaction Instructions”).	(a) Identity Data (b) Contact Data (c) Financial Data (d) Transaction  Data (e) Profile Data	– For providing Lemonn Platform to our Users – For providing back office services for trading and demat services – Verification of KYC data of Users and screening – Transaction monitoring – Payment Aggregators for processing your payment requests. – Trade placement and generation of trade reports – For fetching UPI details linked to your mobile number – Sending You communication w.r.t the updates, progress of and issues with, if any,  pertaining to the Transactions Instructions initiated by You and support towards any related  resolution thereof or relating to the Lemonn Platform availed by You – We engage with registrar and transfer agents (RTAs) to act as a mediator or agent between You and Financial Institutions/AMCs for Us to generate a reverse feed update of Your Transaction Data for updating Financial and Non-Financial Transaction on Your Lemonn Platform.
To deliver relevant recommendations/ information to You about Lemonn Platform  that may be of interest to You.	(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data (e) Marketing and Communications  Data (f) Technical Data	To study about your experience, to provide You with information that may be of interest to  You.
Asking You to provide a review or take a survey. This will help us improve our  customer representation.	(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data	For getting feedback to improve our Lemonn Platform or understanding preferences in  certain situations.
To administer and protect our Operations and this Lemonn Platform (including  troubleshooting, data analysis, testing system maintenance, support, reporting and  hosting data).  To enable data privacy and security policy controls, combat fraud or other  unauthorized activity using our Lemonn Platform, track usage of the Lemonn  Platform.	(a) Identity Data (b) Contact Data (c) Biometric Data (d) Technical Data (e) Usage Data (f) Profile Data	– Necessary for our legitimate interests (for running our operations, provision of  administration and IT services, network security, to prevent fraud and in the context of  reorganisation or restructuring exercise). – Necessary to comply with legal obligation.

6. SHARING & DISCLOSURE OF  USER INFORMATION

We may share and disclose User Information with the following third parties and / or in specific situations described in this section:

6.1 NU for the purposes of applicable data protection laws shall act as data fiduciary / controller of the User Information in connection with the Lemonn Platform. We may outsource certain parts or elements (all being non-core services / elements of the Services) of the Lemonn Platform and/or Services to our group entities and/or other third party service providers, in compliance with applicable laws including applicable SEBI regulations. All our service providers are predominantly located in India. Such service providers include:

6.1.1 Group entities on service provider basis: NU may make Your User Information, Personal Information and/or other Non-Personal Information available to group entities, affiliates and subsidiary companies acting as outsourcing partners to NU to enable providing You Services on the Lemonn Platform. Please note that all information shared with group entities, affiliates and subsidiary companies or made available to group entities, affiliates and subsidiary companies will be governed by the terms of this Privacy Policy and as per our internal data access policy.

6.1.2 Third Parties: 

a. Independent KYC Registration Agencies (“KRAs”) Acting as Data Processors & Data Fiduciaries. As described under this Policy, We share User Information with KRAs, responsible for carrying out independent validation of the User KYC records for verifying Your Identity Data and Contact Data, and/or to undertake activities relevant for facilitating performance of Lemonn Platform. 

b. Payment Aggregators as Data Processors.  We share User Information like bank account details and other Identity Data, Contact Data and Financial Data with payment aggregators, responsible for processing of payment and/or to undertake activities relevant for facilitating performance of Lemonn Platform. 

c. Exchange and Depositories as Data Controllers/ Fiduciary. We share User Information like Transaction Data, Financial Data, Identity Data, Contact Data for purposes like processing of transaction, execution of trades and crediting of securities in demat account and issuing of trade reports.

d. Independent AMCs Acting as Data Fiduciaries. We may interact with our AMC partners for sharing / generating transaction reports while supporting You. We also engage with API vendors who support us to collaborate with AMC partners.  Note that the use of  User Information by an authorized third party is subject to the respective party’s privacy policy. The related policies of BSE StAR MF can be accessed here: https://www.bseindia.com/static/about/website_policy.html. NU will not be responsible for the privacy practices or the contents of such AMCs. We encourage You to read the privacy notices and policies of such AMC partners before instructing Us to share any User Information with them. We do not take responsibility for the terms of data usage as expressed on or through their platforms or their documentation. 

e. Third party Service providers (TSP) as Data Processors. We share User Information like Transaction Instructions, Identity Data, Contact Data for processing and issuing of trade reports, collating bank statements from account aggregators via authorised TSPs, sending trade communications, assisting with any customer support queries, name screening, transaction monitoring etc.

f. With Law enforcement / Legal obligation: Under certain circumstances, NU or its group entities providing services to NU may be required to disclose Your User Information without any prior permission or intimation, if such disclosure is required to be done under applicable laws or in response to any public, regulatory, administrative, judicial, quasi-judicial, law enforcement, or other statutory authorities (e.g. a court or a law enforcement, regulatory or government agency) or to comply with a legal obligation or a legal request / notice. 

7. SECURITY 

7.1 NU has put in place reasonable security practices and procedures, to secure User Information and deal with any suspected or actual User Information breach or unauthorised access and modification and may notify You and/or any applicable regulator of a breach where We are legally or contractually required to do so. We also reasonably endeavour to ensure:

7.1.1 the security and confidentiality of  User Information. 

7.1.2 We protect the security of User Information during transmission by using appropriate software, which encrypts information You input. This encrypted information is stored on secure servers and data centres. Further, We ensure that the number of employees involved in the management of the data centre who have physical access to these storages and computers is limited. Also, We use advanced security technology to prevent our computers from being accessed by unauthorized persons.

7.1.3 User Information is not accidentally lost, used or accessed in any unauthorized way, altered or disclosed by limiting access to  User Information to those employees, agents, contractors and other third parties who have a business need to know. 

7.1.4 User Information is protected from any anticipated threats, hazards by applying reasonable industry standards towards security measures which include computer safeguards, secured files and buildings.  

7.2 We may suspend Your use of all or part of the Lemonn Platform without notice if We suspect or detect any breach or threatened breach of security.

7.3 The security of User Information is important to Us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While We strive to use commercially acceptable means to protect User Information, We cannot guarantee its absolute security.

7.4 We may share certain technical information with Bitkuber solely for the purpose of keeping Bitkuber Platform and Lemonn Platform safe and secure, and to improve the functionalities, features, and safety and security.

8. HOW WE STORE USER INFORMATION

8.1 We take all steps reasonably necessary to ensure that Your data is stored towards rendering the Services and in general access to the Lemonn Platform, in accordance with applicable laws and disclosures under this Policy. We (a) may adequately mark or otherwise identify and physically and virtually segregate all User Information as Company’s property from any other Company  information, and (b) may mask User Information and store it away from other  confidential information or User Information of NU. All our data is stored under respective entity servers which collect, receive, store, possess, deal, handle, process, share, use, disclose and protect User Information. All Our servers are located in India. Our storage compliance process also include:

8.1.1 Retention: According to NU’s internal policy, We retain User Information, including transaction logs, throughout the provision of our services under the Lemonn Platform. Additionally, We retain this information for an additional period of ten (10) years from the date of closure of Your User account. This retention period is essential to ensure compliance with our contractual, legal, and regulatory obligations including but not limited to fraud monitoring, detection and prevention activities. We also keep User Information to comply with our tax, accounting, and financial reporting obligations. 

You agree and acknowledge that, apart from the circumstances mentioned above, in the event of any pending legal or regulatory proceeding, specific regulatory direction, or in response to a demand by a court or statutory authority, the Lemonn Platform may retain User Information for a duration exceeding ten (10) years. This retention will be carried out in accordance with all applicable laws and regulations.

8.1.2 Purging: Unless preservation is required by applicable laws, We shall permanently purge any communication content (including but not limited to  User Information) obtained and stored by Us when no longer necessary for our purpose.

9. YOUR RIGHTS AND CHOICES

9.1 You have rights under data protection laws in relation to Your Personal Information. Your rights may include the right to correct and update such information, by following the process determined by Us.

9.2 You have the right to opt-out of receiving marketing emails from NU at any time without cost by clicking on the relevant link contained in our marketing emails or by contacting Us. If You would prefer not to receive any of these communications, simply follow the unsubscribe instructions on the promotional email communications that You will receive should You wish to withdraw Your consent or object to the processing, and;

9.3 You can also withdraw Your consent to all or any of the Lemonn Platform at any time by writing to Us.  Once We have received notification that You have withdrawn Your consent, We will no longer process Your information for the purpose or purposes You originally agreed to, unless We have another legal basis for doing so provided that You may no longer be able to use the  and the termination of Your User’s Lemonn Platform Account shall be in accordance with the Terms.

If You wish to exercise any of Your available rights under the applicable laws, You may contact Us at  [email protected]. In particular, You may reach out to Us with questions or concerns relating to this Policy  including our processing of  User Information towards the delivery of Services.

10. INDEMNITY

You will indemnify, defend, protect and hold Us and our group entities, affiliates and subsidiary companies harmless from any kind of loss or damage or third party claims which may arise directly or indirectly occurred due to:

a) Usage of your User Information;

b) Your any lawful/unlawful acts or omissions associated with your User Information;

c) Your violation of any terms and conditions of this Policy and or any applicable laws;

d) Your attempt to impersonate the identity of another person via the disclosure of your User Information; and

e) Your disclosure (intentionally/unintentionally) of false/incomplete User Information.

11. ASSIGNMENT, CHANGE OF CONTROL AND TRANSFER

In the event that We or our holding company or ultimate holding company, if any, enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, We may share and/or transfer User Information with third parties, and to the extent permitted, We may give You a written intimation  of such an event. 

12. UPDATES TO OUR POLICY 

We may change, modify, replace, or update this Policy from time to time. We will notify You of any material changes or additions to this Policy and may provide You with a copy of any amended Policy via. Your registered e-mail ID and/or other electronic addresses. We encourage You to review this Policy frequently to be informed of how we are protecting Your information. Your usage of our Lemonn Platform and its services after any such change, modification, replacement, or updation, shall be deemed to be Your consent of the same. 

13. CONTACT US FOR GRIEVANCE REDRESSAL  

Users are encouraged to discuss any changes in Your contact information or any questions/issues regarding privacy policies and related procedures directly with:

Name: Rakhesh R

To, 

Designation: Grievance Officer cum Nodal Officer

Contact information: [email protected]

Re: Privacy Policy, NU Investors Technologies Private Limited

P.s Please find the Privacy Policy of our vendor TradingView at www.tradingview.com/privacy-policy.

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