PRIVACY POLICY

1.1 In this Privacy Policy, unless the context otherwise requires, the terms defined herein shall have the meanings assigned to them below. Words importing the singular shall include the plural and vice versa. Headings are inserted for convenience only and shall not affect interpretation.

1.2 "Channel Partner" shall mean and include any individual, sole proprietor, partnership firm, limited liability partnership, company, association of persons or any other legal entity acting as a real estate broker, agent, consultant, referral partner, marketing associate, field executive, aggregator or intermediary, whether registered or unregistered, who is onboarded on the Platform for the purpose of facilitating property discovery, promotion, booking, sale, lease, transfer or allied real estate services.

1.3 "Area Admin" shall mean and include any individual or entity appointed, authorised or designated by the Company to administer, supervise, manage, monitor or control operations of the Platform within a defined geographical area, region, zone or territory, including oversight of Channel Partners and area admins, projects, listings, leads, compliance and operational activities.

1.4 "Company" shall mean Propsarthi India Private Limited, owner and operator of the Propsarthi Platform, including its successors, permitted assigns, affiliates and authorized representatives.

1.5 "Personal Data" shall mean any data about an identifiable natural person, whether directly or indirectly identifiable, as defined under the Digital Personal Data Protection Act, 2023.

1.6 "Sensitive Personal Data" shall include financial information, government-issued identity documents, biometric data, login credentials, tax details and such other data as classified under applicable law.

1.7 "Business Data" shall mean all non-personal data including but not limited to property listings, client leads, transaction details, commission structures, marketing data, analytics and performance metrics.

1.8 "RERA" shall mean the Real Estate (Regulation and Development) Act, 2016 along with the rules, regulations, circulars and directions issued by the Central or State Real Estate Regulatory Authorities including MahaRERA, as applicable.

2.1 This Policy applies exclusively to Channel Partners and Area Admins and governs all Personal Data, Sensitive Personal Data and Business Data collected, processed, stored or disclosed during onboarding, verification, operational usage, commission settlement, dispute resolution and statutory compliance.

2.2 This Policy shall be read in conjunction with the Terms and Conditions, Channel Partner Agreement and any other policies of the Platform.

3.1 Identity and KYC Information: Name, photograph, PAN, Aadhaar, voter ID, passport, address proof, firm incorporation documents, RERA registration certificates and declarations.

3.2 Contact Information: Mobile numbers, email addresses, office and correspondence addresses, communication logs and call records.

3.3 Professional Information: Experience, area of operation, property categories handled, client base, credentials, licenses and certifications.

3.4 Financial Information: Bank account details, cancelled cheques, commission invoices, payment records, GST details and tax-related data.

3.5 Technical and Usage Information: IP address, device identifiers, browser type, operating system, login timestamps, cookies and log files.

3.6 Compliance and Regulatory Data: RERA filings, undertakings, consents, complaints, notices, show-cause proceedings, penalties and disciplinary actions.

4.1 The Company collects and processes data for onboarding, due diligence, identity verification, RERA compliance, allocation of leads, performance monitoring, commission computation, fraud prevention, audit, analytics and improvement of Platform services.

4.2 Data may also be processed for legal compliance, dispute resolution, enforcement of contractual rights and obligations and protection of legitimate business interests.

5.1 By registering on the Platform, the Channel Partner and Area Admin provides free, informed, specific, unconditional and unambiguous consent for collection and processing of data.

5.2 Withdrawal of consent shall not affect processing already undertaken and shall be subject to statutory and contractual obligations.

6.1 Channel Partners and Area Admins expressly undertake to comply with all provisions of RERA, including mandatory registration, ethical conduct, truthful representations and disclosures to allottees.

6.2 The Company may disclose Channel Partner and Area Admin information to Real Estate Regulatory Authorities, promoters, developers, allottees and statutory bodies as required under law.

6.3 Any misrepresentation, unfair trade practice or unregistered brokerage activity may result in suspension, termination and reporting to the concerned authority.

7.1 The Channel Partner and Area Admin hereby expressly acknowledges and agrees that the Company may, in the ordinary course of business and for legitimate purposes, share, disclose, grant access to or otherwise make available Personal Data, Sensitive Personal Data and Business Data to third parties strictly on a need-to-know basis and subject to applicable law.

7.2 Such third parties may include, without limitation, (i) real estate promoters, developers and project owners registered under RERA, (ii) financial institutions, banks, housing finance companies and payment service providers, (iii) legal counsels, auditors, chartered accountants, company secretaries and compliance professionals, (iv) technology vendors, cloud service providers, analytics partners and communication service providers, (v) government authorities, statutory bodies, courts, tribunals and regulatory authorities, including Real Estate Regulatory Authorities.

7.3 Disclosure of data may be undertaken for purposes including verification, due diligence, transaction facilitation, commission settlement, dispute resolution, fraud prevention, enforcement of contractual rights, compliance with judicial or regulatory directions and protection of the Company's legitimate business interests.

7.4 The Company shall implement reasonable contractual, technical and organizational safeguards to ensure that such third parties process data in accordance with applicable law and only for authorized purposes.

8.1 The Channel Partner and Area Admin acknowledges that the Company may store, process or transfer data to servers or service providers located outside the territory of India, subject to compliance with the Digital Personal Data Protection Act, 2023 and any restrictions notified by the Government of India.

8.2 In the event of cross-border transfer, the Company shall ensure implementation of adequate safeguards including contractual protections, data access controls and security standards equivalent to those prescribed under Indian law.

9.1 The Company shall retain Personal Data and Business Data for such duration as may be required under applicable laws, including RERA, taxation laws, anti-money laundering regulations, audit requirements and limitation periods for legal claims.

9.2 Without prejudice to the foregoing, data may be retained even after termination or deactivation of the Channel Partner and Area Admin account for purposes of dispute resolution, regulatory inquiries, enforcement of rights and compliance with statutory obligations.

9.3 Upon expiry of the retention period, data shall be securely deleted, anonymized or archived in accordance with the Company's internal data retention policy, subject to applicable law.

10.1 The Company adopts reasonable security practices and procedures in accordance with Section 43A of the Information Technology Act, 2000 and applicable rules, including administrative, technical and physical safeguards.

10.2 Security measures may include encryption of data at rest and in transit, secure access protocols, multi-factor authentication, role-based access control, audit trails, periodic vulnerability assessments and penetration testing.

10.3 The Channel Partner and Area Admin agrees to implement adequate security measures on its own systems and shall be solely responsible for any breach arising from its negligence, misconduct or unauthorized access.

11.1 In the event of a data breach, cyber incident or unauthorized access affecting Channel Partner and Area Admin data, the Company shall take reasonable steps to contain, investigate and remediate the incident in accordance with applicable law.

11.2 The Company may notify affected Channel Partners and Area Admins and regulatory authorities where such notification is mandated under law.

11.3 The Company shall not be liable for breaches arising due to factors beyond its reasonable control, including acts of third parties or force majeure events.

12.1 Subject to applicable law, Channel Partners and Area Admins may request access to, correction or updation of their Personal Data.

12.2 Channel Partners and Area Admins shall ensure that all data provided is accurate, complete and up to date and shall promptly intimate the Company of any changes.

12.3 Channel Partners and Area Admins shall not misuse, scrape, extract or commercially exploit Platform data except as expressly permitted.

13.1 All data, information, software, content, algorithms and business processes of the Platform shall be treated as confidential and proprietary.

13.2 Channel Partners and Area Admins shall not disclose, reproduce, reverse engineer or misuse such information during or after association with the Platform.

14.1 The Company reserves the right to monitor Channel Partner and Area Admin activities, communications and data usage for compliance, fraud detection and quality control.

14.2 The Company may conduct audits, inspections or compliance reviews, including RERA-related checks, either directly or through third parties.

15.1 The Company may suspend, restrict or terminate access to the Platform in case of breach of this Policy, RERA violations, fraudulent conduct or regulatory non-compliance.

15.2 Serious violations may result in permanent blacklisting and reporting to appropriate authorities.

16.1 The Channel Partner and Area Admin shall indemnify, defend and hold harmless the Company against any claims, losses, penalties, damages or expenses arising from breach of this Policy, misuse of data, misrepresentation or violation of RERA.

17.1 To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, special or consequential damages.

18.1 The Company shall not be liable for failure to perform obligations due to events beyond its reasonable control including natural disasters, government actions or system failures.

19.1 The Company reserves the right to amend this Policy at any time. Continued usage of the Platform constitutes acceptance of the revised Policy.

20.1 This Policy shall be governed by the laws of India.

20.2 Courts at Nagpur, Maharashtra shall have exclusive jurisdiction over disputes arising out of or in connection with this Policy.