The domain name https://surplusapp.in and the associated mobile application titled ‘Surplus’
(“App”) is owned and managed by Chillar Fintech Private Limited, a company incorporated
under the provisions of the Companies Act, 2013 and having its registered office at B 103,
Gokul Gagan CHS LTD, Opp. Viceroy Park, Thakur Village, Kandivali E, Mumbai 400101
(hereinafter referred to as “Chillar” or “We” or “Us” which expression shall, unless it be
repugnant to the context or meaning thereof, be deemed to include its successors, affiliates,
and permitted assigns) and is also an AMFI registered mutual fund distributor to facilitate
web based transactions of investments by the end customers in ICICI Prudential Liquid Fund
– Growth scheme of ICICI Prudential Mutual Fund through its investment manager ICICI
Prudential Asset Management Company Limited (“IPRUAMC”).
Chillar is committed to respecting your online privacy and recognizes your need for
appropriate protection and management of any information you share with Chillar on the App.
This privacy policy (“Policy”) explains how Chillar will collect, use, share and process
information in relation to the services provided on the App.
This Policy shall be deemed to be incorporated into the End User License Agreement
(“EULA”) and shall be read in addition to the EULA. In the event of any conflict between this
Policy and the EULA, the interpretation placed by Chillar shall be final and binding on you.
This Policy is being framed in view of the Information Technology Act, 2000 read with
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures
and Sensitive Personal Data or Information) Rules, 2011 and Regulation 3(1) of the
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
By accepting this Policy, you understand and agree to the collection, use, sharing and
processing of personal information as described herein.
2. SCOPE
This Policy is an electronic record in the form of an electronic contract formed under the
Information Technology Act, 2000 and the rules made thereunder. This Policy does not
require any physical, electronic or digital signature.
By accessing or using the App or giving us your information or otherwise clicking to accept
this Policy, if and when prompted on the App, you undertake that you have the capacity to
enter into a legally binding contract vide. this Policy, which constitutes a legally binding
document between you and Chillar under applicable law, in particular, the Indian Contract Act,
1872. Chillar will collect and process your personal and third-party data carefully, only for the
purposes described in this Policy and only to the extent necessary as defined herein and
within the scope of the applicable legal regulations. This Policy seeks to ensure that any
personal information or third-party information handled by Chillar is managed in a way that is
ethical, compliant and adheres to best industry practices.
Please read the terms and conditions of this Policy carefully, before accessing or using the
App. By accessing or using the App including its services or otherwise clicking to accept this
Policy, if and when prompted on the App, you agree to the terms of this Policy.
This Policy describes the types of information Chillar collects, why and how Chillar uses the
information, with whom Chillar shares it, and the choices you can make about Chillar’s use of
the information. This Policy also describes the measures Chillar takes to protect the security
of the information and how you can contact Chillar about its privacy practices.
This Policy describes Chillar’s current data protection policies and practices and may be
amended/updated from time to time. Chillar will notify you at least once in a year, or whenever
there is a change in the Policy, by email or by posting a conspicuous notice on the App
regarding its then applicable data protection policies. The Policy shall come to effect from the
date of such update, change or modification. It is recommended that you regularly check this
Policy to apprise yourself of any updates. Your continued use of the App or provision of data
or information thereafter will imply your unconditional acceptance of such updates to this
Policy.
3. CONSENT
By mere use of the App, you expressly consent to Chillar’s use and disclosure of your
Personal Information (as defined below) and third-party information in accordance with this
Policy. If you do not agree with the terms of this Policy, please do not use the App.
In case you wish to avail any or all of the services provided by Chillar on the App, you are
required to register on the App and thereafter access the App using the login credentials
provided by you at the time of registration as set out in the EULA (“Login Credentials”). You
hereby explicitly agree that your use of the Login Credentials shall be governed by the EULA
read with the terms of this Policy.
4. TYPES OF INFORMATION
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.
Personal Information: Personal Information means any information that may be used to
identify an individual, including, but not limited to, the first and last names, telephone number,
e-mail address, or any other contact information. Chillar limits the collection of Personal
Information to that which is necessary for its intended purpose.
Financial Information: Financial Information means such category of Personal Information
that is required to be shared by Chillar with PRUAMC and such other third parties as may be
engaged by Chillar and is required be retained in accordance with the regulations and
guidelines issued by the Reserve Bank of India (“RBI”) from time to time and other applicable
laws and includes without limitation, bank account details, credit information, PAN details,
Aadhar card or any other Know Your Client (“KYC”) details (hereinafter referred to as
“Financial Information”).
Non-Personal Information: Non-personal information means information that does not
specifically identify an individual, but includes information from you, such as your browser
type, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP)
address. Chillar may gather any non-personal information regarding how many people visit
the App, their IP address, browser types and versions, time zone settings and locations,
operating systems, applications installed on your device, device ID, device manufacturer and
type, device, connection information, screen resolution, usage statistics, default
communication applications and other technology on the devices you use to access the App,
maximum products purchased by a user, analysis of the spending and investment habits of a
user and shall include all such Personal Information collected and stored by Chillar that
undergoes the process of de-identification and is no more identifiable to you or any natural
person(hereinafter referred to as “Non-Personal Information”). Chillar may also collect Non-
Personal Information that you voluntarily provide, such as information included in response to
a questionnaire or a survey conducted by Chillar.
Usage Information: Usage Information includes without limitation all data and information
collected automatically through the App (or through the third party analytics service
providers), by use and access of the App in the nature of system administrative data,
statistical and demographical data, and operational information and data generated by or
characterizing use of the App including without limitation Non-Personal Information, cookies,
App traffic, time spent on the App, number of visits to the App and other similar information
and behaviour indicating the mode and manner of use of the App (hereinafter referred to as
the “Usage Information”).
Personal Information, Business Information, Non-Personal Information and Usage Information
hereinafter shall be referred to as “Information”.
5. COLLECTION OF INFORMATION
Chillar may collect information from you when you (a) register on the App; (b) update or
change your Bank Account (as defined in the EULA) details on the App; (c) provide approval
for E-Mandate (as defined in the EULA) through the App; (d) complete KYC verification,
undertaken by IPRUAMC or such other third-party service provider as may be engaged by
Chillar, through the App, (e) provide access to Chillar to your emails for providing the services
in accordance with the EULA, (f) voluntarily participate in campaigns conducted by Chillar on
the App or respond to questionnaires published by Chillar on the App (if any); (f) voluntarily
complete a survey or provide feedback in relation to the services provided on the App; and (f)
carry out any other transactions on the App.
You hereby acknowledge and agree that all Information is provided by you to Chillar or
IPRUAMC, voluntarily and the Information provided by you is not subject to any undue
influence.
Chillar may use cookies to monitor the App usage including, without limitation, to provide
useful features to simplify your experience when you return to the App, like remembering your
login id and to deliver relevant content based on your preferences, usage patterns and
location.
Chillar may also collect Non-Personal Information based on your spending and investments,
browsing activity and in relation to your use or access to the App like your Internet Protocol
address, your Operating System, your prior search results etc., which may or may not be
publicly accessible.
Information collected by Chillar from a particular browser or device may be used with another
computer or device that is linked to the browser or device on which such information was
collected.
6. USE OF INFORMATION
Chillar uses the Information you provide to (a) manage your account; (b) fulfil your requests
for the services offered on the App; (c) respond to your inquiries about its offerings and the
transactions carried out on the App; (d) provide you with information about services available
on the App and offer you other products and services that Chillar believes may be of interest
to you; (e) resolve any glitches on the App including addressing any technical problems; (f)
improve the services and content on the App and your experience of navigating through the
App and carrying out transactions on the App and; (f) manage Chillar’s relationship with you.
Chillar may use the Information to monitor your use of the services and may review and
analyse the Information provided by you to provide you with customized service.
Chillar may use your Non-Personal Information or Usage Information for internal business
purposes, such as data analysis, research, developing new products and/or features,
enhancing and improving existing products and services and identifying usage trends.
Subject to and in accordance with applicable laws, Chillar has the right to use your
Information for the purpose of conducting promotional/marketing related activities on the App,
including but not limited to, using your Personal Information for making posters/banners to
promote Chillar’s services.
When you send an email message or otherwise contact Chillar through the App, Chillar may
use the Information provided by you to respond to your communication by way of messages
on the App, Short Message Service (SMS), email or any other communication channels that
Chillar may deem fit. Chillar may also archive such Information and/or use it for future
communications with you to inform you regarding updates, newsletters, offers, new services
and promotions.
7. INFORMATION SHARING
Chillar maintains your Information in electronic form on its devices and on the equipment of
Chillar’s employees. The Information is made accessible to employees, agents or partners
and third-parties only on a need-to-know basis.
Chillar may share your Information with IPRUAMC, and such other third party as may be
engaged by Chillar for the purpose of undertaking the KYC verification process and for the
purpose of providing services on the App to you, to the extent required for the provision of
services in accordance with the provisions laid down in the EULA.
Chillar does not rent, sell, or share Information with other people or with other non-affiliated
entities, except with your consent or to provide services you have requested for or under the
following circumstances:
(a) Chillar may share Information with Chillar’s partners, and affiliates to contact you via
email, phone, or otherwise for the provision of services being availed by you on the
App.
(b) Chillar may engage third party vendors and/or contractors, other than Chillar Partners,
to perform certain support services, who may have limited access to Information.
(c) Chillar may rent, sell or share Non-Personal Information or Personal Information in an
aggregate form after it undergoes the process of de-identifications and is no more
identifiable to you, with any third party.
(d) Chillar may share Information with government authorities in response to subpoenas,
court orders, or other legal process; to establish or exercise legal rights; to defend
against legal claims; or as otherwise required by law. This may be done in response
to a law enforcement agency's request.
8. THIRD PARTY SERVICE PROVIDERS
In addition to IPRUAMC, Chillar may engage other third party vendors and/or contractors to
perform certain support services, including, without limitation, fulfilment of your service
requests, undertaking the KYC verification process, software maintenance services,
advertising and marketing services, web hosting services and such other related services
which are required by Chillar to provide its services efficiently. These third parties may have
limited access to Information. If they do, this limited access is provided so that they may
perform these tasks for Chillar and they are not authorized by Chillar to otherwise use or
disclose Information, except to the extent required by law. Chillar does not make any
representations concerning the privacy practices or policies or terms of use of such websites,
nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text,
software, music, sound, photographs, graphics, videos, messages or other materials available
on such websites. The inclusion or exclusion does not imply any endorsement by Chillar of
the website, the website's provider, or the information on such website.
The App may contain links and interactive functionality interacting with the websites of third
parties. Chillar is not responsible for and has no liability for the functionality, actions,
inactions,
privacy settings, privacy policies, terms, or content of any such websites. Before enabling any
sharing functions to communicate with any such websites or otherwise visiting any such
websites, Chillar strongly recommends that you review and understand the terms and
conditions, privacy policies, settings, and information-sharing functions of each such third-
party websites.
9. DISCLOSURE TO ACQUIRERS
Chillar may disclose and/or transfer Information to an investor, acquirer, assignee or other
successor entity in connection with a sale, merger, or reorganization of all or substantially all
of Chillar’s equity, business or assets.
10. CONTROL OVER YOUR PERSONAL INFORMATION
You have the right to withdraw your consent at any point, provided such withdrawal of the
consent is intimated to Chillar in writing through an email at in
requesting the same. If you at any time wish to rectify your Personal Information including
Financial Information, you may write to Chillar as per paragraph 11 of this Policy.
In the event that you wish to prevent any further access to your emails by Chillar for the
provision of the services on the App, you may do so by deletion/deactivation of your Account
(as defined in EULA) in accordance with the procedure laid down in the EULA.
Once you withdraw your consent to share the Personal Information, collected by Chillar
and/or delete/deactivate your Account (as applicable), Chillar shall have the option not to fulfil
the purposes for which the said Personal Information was sought and Chillar may restrict you
from using the services on the App and/or the App itself.
The Financial Information shared by you with Chillar or IPRUAMC shall be retained and
shared with such third parties as may be required under applicable law.
11. RECTIFICATION/CORRECTION OF PERSONAL INFORMATION
You shall have the right to review your Personal Information, including Financial Information
(as applicable) submitted by you on the App and to modify or delete any Personal Information
or Financial Information provided by you directly on the App. You hereby understand that any
such modification or deletion may affect your ability to use the App. Further, it may affect
Chillar’s ability to provide its services to you.
Chillar reserves the right to undertake KYC and/or verify and authenticate your identity and
your account information in any manner in order to ensure accurate delivery of services
through the App. Access to or correction, updating or deletion of your Personal Information
may be denied or limited by Chillar if it would violate another person’s rights and/or is not
otherwise permitted by applicable law.
If you need to update or correct your Personal Information that Chillar may have collected to
offer you personalized services and offers, you may send updates and corrections to Chillar at
citing the reason for such rectification of Personal Information).
Chillar will take all reasonable efforts to incorporate the changes within a reasonable period of
time.
12. TERM OF STORAGE OF PERSONAL INFORMATION
Subject to Clause 12.2 below, Chillar shall store your Personal Information at least for such
period as may be required and permitted by law or for a period necessary to satisfy the
purpose for which the Personal Information has been collected. These periods vary
depending on the nature of the information and your interactions with Chillar.
Chillar shall store your Financial Information as may be requested by IPRUAMC and/or as
may be required under applicable law.
Chillar may store Non-Personal Information and Usage Information received from you till such
time it requires provided such storage and retention is in accordance with applicable law.
You agree that you will not submit any false information or any illegal or damaging content to
the App.
Chillar reserves the right to terminate access to or the ability to interact with the App in
response to any concerns Chillar may have about false, illegal, or damaging content, or for
any other reason, in its sole discretion.
13. COOKIES
Chillar uses cookies and/or other tracking technologies to distinguish you from other users of
the services and to remember your preferences on the App. This helps Chillar to provide you
with a good experience when you use the services on the App and also allows Chillar to
improve such services. Cookies are text files Chillar places in your mobile phone, tablet or
other devices to store your preferences. Cookies, by themselves, do not tell Chillar your e-
mail address or other personally identifiable information unless you choose to provide this
information to Chillar by, for example, registering on the App. They are designed to hold a
marginal amount of data specific to a particular user. However, once you choose to furnish
the App with personally identifiable information, this information may be linked to the data
stored in the cookie. Chillar uses cookies to understand App usage and to improve the
content and offerings on the App. For example, Chillar may use cookies to personalize your
experience on the App (e.g., to recognize you by name when you return to the App) and save
your password in password-protected areas. Chillar may also use cookies to offer you
products, programs, or services. Cookies may be placed on the App by third-parties as well,
the use of which Chillar does not control.
Session cookies are automatically deleted from your hard drive once a session ends, and
most cookies are session cookies. You may decline the cookies, however, if you decline the
cookies, you may be unable to use certain features on the App and you may be required to
re-enter your password frequently. You may opt to leave the cookie turned on.
14. PROTECTION OF INFORMATION
Chillar has taken adequate measures to protect the security of Information and to ensure that
your choices for its intended use are honoured. Chillar takes robust precautions to protect
your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Chillar considers the confidentiality and security of your information to be of utmost
importance. It therefore uses industry standards, and physical, technical and administrative
security measures to keep Information confidential and secure and Chillar will not share your
Information with third parties, except as otherwise provided in this Policy. Please be advised
that, however, while Chillar strives to protect Information and privacy, Chillar cannot
guarantee or warranty its absolute security when Information is transmitted over the internet
into the App. Chillar will periodically evaluate this necessity considering your privacy and our
relation while keeping the applicable legislation in mind.
Access to your account on the App is via. your Login Credentials which are password
protected and this helps to secure your account information. You are solely responsible for
maintaining the confidentiality of your Login Credentials. To ensure safety of your Information,
you are advised against sharing your Login Credentials with anyone. If you suspect any
unauthorized use of your account, you must immediately notify Chillar. You shall be liable to
indemnify Chillar for any loss suffered by Chillar due to such unauthorized use of your
account.
For any loss or theft of Information, due to unauthorized access to your device through which
you use the App or other reasons solely attributable to you, Chillar shall not be held liable or
responsible under any circumstance whatsoever. Further, Chillar shall not be responsible for
any breach of security or for any actions of any third parties or events that are beyond
Chillar’s reasonable control including but not limited to acts of government, computer hacking,
unauthorised access to computer data and storage device, computer crashes, breach of
security and encryption, poor quality of Internet service or telephone service of the user, etc.
15. MINOR & USAGE ON BEHALF OF ANOTHER PERSON
Chillar does not intend to attract anyone under the relevant age of consent to enter into
binding legal contracts under the laws of their respective jurisdictions. Chillar does not
intentionally or knowingly collect Personal Information through the App from anyone under
that age.
16. LIMITATION OF LIABILITY
Chillar shall not be liable to you for any loss of profit, production, anticipated savings, goodwill
or business opportunities or any type of direct or indirect, incidental, economic, compensatory,
punitive, exemplary or consequential losses arising out of performance or non-performance of
its obligations under this Policy.
Chillar is not responsible for any actions or inactions of any third parties that receive your
Information.
Notwithstanding anything contained in this Policy or elsewhere, Chillar shall not be held
responsible for any loss, damage or misuse of your Information, if such loss, damage or
misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean
any event that is beyond Chillar’s reasonable control and shall include, without limitation,
sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial
action of any kind, riots, insurrection, war, acts of government, computer hacking, civil
disturbances, unauthorised access to computer data and storage device, computer crashes,
breach of security and encryption, pandemic or national/state lockdown due to any reason
and any other similar events not within Chillar’s control and which Chillar is not able to
overcome.
17. OPT-OUT
Once you register as a user on the App, you may receive communication, including but not
limited to messages on the App, Short Message Service (SMS) and phone calls from Chillar
on the registered mobile number and e-mails on your registered e-mail address. These
messages, e-mails and calls could relate to your registration, transactions that you carry out
through the App and promotions that are undertaken by Chillar. You have the option to 'opt-
out' of all newsletters and other general email marketing communications from Chillar by way
of links provided at the bottom of each mailer. Chillar respects your privacy and in the event
that you choose to not receive such mailers, Chillar shall take all adequate steps to remove
you from such lists. However, you will not be able to opt-out of receiving administrative
messages, customer service responses or other transactional communications.
18. CHANGES TO THIS POLICY
Chillar reserves the right to update, change or modify this Policy at any time. The Policy shall
come to effect from the date of such update, change or modification.
19. GOVERNING LAW AND DISPUTE RESOLUTION
This Policy shall be governed by and interpreted and construed in accordance with the laws
of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of
any dispute arising out of this Policy the same shall be settled by a binding arbitration
conducted by a sole arbitrator, appointed jointly by both parties and governed by the
Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Mumbai,
Maharashtra.
20. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the
name and contact details of the Grievance Officer are provided below:
Name: Mr. Rajkumar Desai
Email: rajkumar@surplusapp.in
Phone No:
For registering your complaint, please write to the Grievance Officer at the above-mentioned
email address in relation to any violation of this Policy or the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer
shall redress the complaint in accordance with the provisions of the Information Technology
Act, 2000 and Rules made thereunder.
21. CONTACT DETAILS
If you have questions or concerns about this Policy, please contact Chillar at the following
email address:.
