Terms of Use and Privacy Policy

Upstox includes RKSV Securities India Private Limited (CIN: U74900DL2009PTC189166) or Upstox Securities Private Limited (CIN: U65100DL2021PTC376860) or RKSV Commodities India Private Limited (CIN: U65190DL2012PTC236371), its affiliates, associates Companies, subsidiaries or any Company formed under the group referred to hereafter as 'Company', 'we', 'us', or 'our', or Upstox is dedicated to respecting your privacy and preferences. This Privacy Statement (hereinafter referred to as the “Statement”) outlines our privacy practices concerning the Personal Information collected and processed, in accordance with applicable data privacy regulations.

We prioritise privacy and are dedicated to safeguarding personal information. This Privacy Policy details how we collect, use, and protect your data. This policy applies to the website or application. This policy applies to all the products, services, and businesses of Upstox. The terms of this policy may be in addition to the existing terms of the products, services or businesses

Definitions:

• "Data" means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means;
• “Personal data” means any data about an individual who is identifiable by or in relation to such data;
• “Processing” in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organising, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction;
• Data fiduciary: The person or entity that decides how to process personal data.
• Data processor: The person who processes personal data on behalf of the data fiduciary.
• Data principal: The individual whose personal data is being processed.

Collection of Information:

Upstox may collect Personal Information, Transaction Information, and Non-Personal Information (as defined below) when you register an account or create an account on our Platform or when you use our Services. However, certain areas of the Platform may be accessed without requiring you to create an account or register as a member. Information includes Data from credit information companies/credit reference agencies, risk management and fraud prevention agencies, and national and government databases.

• We collect and verify location, IP address, and device details (e.g., device type, operating system, IMEI) to confirm residency and meet regulatory requirements. Information, including browser data and unique identifiers, is securely stored, with passwords/PINs encrypted for protection.
• To utilise features on platforms/ apps by granting us access to Data
• For system development, planning, audit, and administrative purposes, as well as to personalise and enhance the user experience on the platform or app.

Information for Processing of Personal Data:

• Upstox may collect information such as full name, mobile number, email address, password, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee details, residential/current address, any national identifiers such as identity card/passport details/Aadhaar card details/Voter ID/driving license, bank account details or any other personal information as required by the law or for providing you various services.
• Conversations during meetings/calls/correspondences/discussions with staff.
• Records of correspondence and other communications with you, including email, telephone conversations, live chat, instant messages and social media communications containing information concerning your grievances, complaints and disputes.
• Any other information, data, or records which you may consent to be collected or used.

Use of Your Information

Upstox may use users' Personal Information for the following purposes:

• To identify users, create login credentials, and facilitate access to the platform.
• To enhance user experience, troubleshoot issues, and conduct platform maintenance.
• To deliver and improve requested services and tailor user experience.
• To protect data and company assets from security threats, unauthorised access, or data misuse.
• To support marketing communications and related activities.
• To enforce terms and conditions and communicate policy updates.
• To process service requests and respond to user inquiries.
• To notify users of important updates, platform changes, and policy information.
• To ensure compliance with applicable laws and regulatory requirements.
• To provide or refer to the various other products of Upstox and its associate company.

Processing Personal Information

The following are obligations of Upstox for data processing

• Upstox may process user Personal Information to fulfil a contract, support legitimate interests (like platform use and login generation), meet legal obligations, and with user consent when needed.
• Upstox may process data for offering the products and to manage relations.
• To contact you and enhance user experience.
• Upstox may analyse and process user preferences, account activities, and service usage patterns to identify potential areas of interest in its array of financial products and services.
• While ensuring compliance with applicable laws and regulations, Upstox may leverage such insights to communicate opportunities, promotions, or additional products that may enhance the user's experience.

Data recipients with whom we disclose User Personal Information

Upstox may be required to share user Personal Information with

1. RKSV Securities India Private Limited, its subsidiaries and associates, Affiliates
2. Business Partners;
3. Service Providers, Vendors, agents;
4. Third-party Agents
5. Auditors;

We may share your Data, without obtaining your consent or without intimating you: (a) with governmental, statutory, regulatory, executive, law-enforcement, investigating or judicial/ quasi-judicial authorities, departments, instrumentalities, agencies, institutions, boards, commissions, courts, tribunals, who ask for such Data including by way of an order, direction, etc; or (b) with any person, where disclosure is necessary for compliance of any legal or regulatory obligation. Wherever the Data is shared as above, we will not have control over how such Data is further processed by such authorities, persons, etc.

Facilitating International Data Transfers

Upstox may engage the services of a Cloud Service Provider (CSP), whose data servers might be located outside India. In such cases, there is a possibility that Personally Identifiable Information (PII) could be stored beyond Indian territorial boundaries. This will, however, be in compliance with applicable regulations and prevailing laws.

If it becomes necessary or incidental to transfer data outside a user's country or region of residence, Upstox will take reasonable and appropriate measures to ensure that such transfers are conducted in compliance with applicable laws and regulations, safeguarding the data throughout the process.

Additionally, Upstox may disclose Personal Information to law enforcement or regulatory authorities when necessary to comply with legal obligations.

User Rights

1. Users acknowledge that Upstox has the right to use and process their data in accordance with the consent provided by the user. No action can be taken against Upstox for data transfer or processing conducted within the scope of the user's consent. These rights may include, but are not limited to, the rights to information, access, rectification, erasure, objection, restriction of processing, right to nominate and the right to file a complaint. If the processing of Personal Information is based on the user's consent, the user retains the right to withdraw this consent at any time subject fulfillment of the requirements. It is important to note that the withdrawal of consent will not affect the legality of any data processing conducted prior to the withdrawal. Upstox will ensure that any further processing of Personal Information ceases immediately upon the withdrawal of consent, except where otherwise permitted or required by law.
2. By providing this consent, users empower Upstox to process their data in a transparent and lawful manner, while retaining full control over their rights as data subjects. Upstox remains committed to respecting and protecting these rights in compliance with applicable data protection laws.
3. Exercising rights: To exercise user rights, Upstox may need to request specific information from users to verify their identity and confirm their entitlement to those rights. User can exercise their rights by contacting Upstox at ”privacy@rksv.in”.

Consent Withdrawal

To withdraw consent for processing your personal data, please email privacy@rksv.in from your registered email ID. The request will be processed within 30 business days. Note: Some data may be retained for legal purposes, and withdrawal may affect services provided.

Data Security

At Upstox, we seamlessly integrate Governance, Process, and Technology, demonstrating our commitment to our customers and stakeholders. We implement appropriate security measures, including administrative, physical, and technical controls, to protect your Personal Information.

How to contact us

If you have any questions about our privacy practices or this privacy statement, or if you would like to request this statement in a different format, please reach out to us at: privacy@rksv.in

Grievance Redressal

In case of any queries or grievances related to privacy please contact us at - privacy@rksv.in. The DPO appointed will be the Grievance Officer and can be contacted at privacy@rksv.in

Governing Law & Jurisdiction

This policy will be governed by and construed in accordance with the laws of India and subjected to the exclusive jurisdiction of the Courts of Mumbai.

Changes to Our Privacy Statement

Upstox may update its data privacy practices and revise this privacy statement as needed, with the updated version posted on our website. Nonetheless, our commitment to safeguarding the privacy of website users will remain steadfast.

UPSTOX may for the purpose of rendering its services, collect personal information such as:

Name, gender, residential / correspondence address, telephone number, date of birth, marital status, email address or other contact information; PAN, KYC Status, Signature and Photograph; Bank account or other payment instrument details; or any other detail for providing services.

Upstox is a comprehensive wealth platform offering a range of financial services.To deliver these services, Upstox might collect personal information which may be shared with registered/authorised third parties and/or regulatory bodies such as SEBI, IRDAI, Stock Exchanges (NSE/ BSE, MCX, MSEI), BASL, AMFI, Mutual Fund AMCs, Registrar and Transfer Agents, Collecting Banks, KYC Registration Agencies (KRAs), DigiLocker and other regulatory bodies to facilitate seamless transaction processing and compliance with applicable laws.

Under certain circumstances we may be required to share the information given by you with the third parties, where we feel they can contribute to add value and improve the quality of services imparted by us to you. We shall take all reasonable steps to ensure that the confidentiality of your information is maintained by imposing strict confidentiality standards on all the third parties with whom we part this information. In all circumstances we shall ensure that your personal information is protected by strict confidentiality agreement. We shall not allow any third parties to retain your personal information longer than what is warranted by the nature of services rendered. We would also impart your personal information wherever it is required to be disclosed under law to any of the governmental agency or regulatory bodies. By agreeing to avail the service offered by UPSTOX you have agreed to the collection and use of your Sensitive Personal Data or Information by UPSTOX. You always have the right to refuse or withdraw your consent to share/dissemination of your Sensitive Personal Data or Information by contacting the customer care. However, in such an event, you would no longer avail the services of UPSTOX.

Upstox reserves the right to carry out necessary due diligence which may include sharing details with third party for checking their creditworthiness.

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.Cookies and Tracking Technology:A cookie is a small data file that certain Web sites write to your hard drive when you visit them. Cookies cannot be used to run programs or deliver viruses to your computer. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Cookies save your time, for example, if you personalize a web page, or navigate within a Site; a cookie recalls your specific information on subsequent visits. www.upstox.com also uses cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. You may accept or decline cookies. Most web browsers automatically accept cookies; however you can modify your browser setting to decline cookies. In addition to cookies, our site uses a variety of technical methods for tracking purposes, which may include web beacons. Web beacons are small pieces of data that are embedded in images on the pages of web sites. www.upstox.com also uses these technical methods to analyze the traffic patterns on our web site, such as the frequency with which our users visit various parts of our web site.

We gather and store certain information i.e. IP address, browser type (e.g. Internet Explorer, Chrome, Firefox, Safari etc.), the date and time of your visit and the pages on our website number of pages viewed etc. in order to provide better service for our users. We use the information to get page view statistics, to analyze trends and better understand the usage of the site, and for system administration purposes. This information cannot and does not identify you personally.

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

The content and information contained within our website or the one delivered to you is the property of Upstox and any other third party or partner (where applicable). The trademark, trade names and logos that are used and displayed on our website are proprietary to us and other third parties or partners. Nothing on our website should be construed as granting of any license or right to you to use any Trade Marks, Trade Names and Logos displayed on our website. We retain all proprietary rights on our website. Users are prohibited from using the same without written permission of Upstox or such other parties as deemed essential. Without the prior written consent of Upstox no part of any materials on our website may be modified, reproduced, copied, stored, transmitted, distributed, used for creating works or used in any other way for commercial or public purposes.

The information contained in this website is for general information purposes only. The information is provided by Upstox and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Upstox. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Upstox takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Opening of a Trading and Demat account with us takes approximately 12 hours to 24 hours. You may place the cancellation request with our support team within 12 hours of the submission of your application with us. On receipt of the cancellation request, the account opening shall not be proceeded with.

We have developed our trading platform keeping you into focus and the trading platform is accessed through opening a Trading and Demat Account with us at the most pocket friendly cost. We have lakhs of satisfied customers across India and hence we back our products. You may place a refund request with the support team 07 days along with the payments details like the Card / Bank Account Number, Transaction Number, etc. Refund shall be provided only for any excess payment of account opening charges made to us during application of your Trading and Demat Account and confirmation from the banking partner with respect to receipt of such payment from you. No refund of account opening charges shall be made once the Trading and Demat account is opened with us. Once your Trading and Demat account is opened any payments made thereafter will be credited towards your account and there shall be no refunds. To withdraw any amount from such account you may place withdrawal request through the App or the Web.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the you (Payer / Cardholder) having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

We do not warrant that the Site will be available at all times and that access will not be interrupted, failures, errors or omissions or loss of information during transmission. We also do not warrant that no viruses or other contaminating will be transmitted or that no damage will take place to your computer system. You shall be solely responsible for adequate protection and back up of your system and data. We make no representations or warranties regarding the functionality or performance of any third party software that may be used in connection with the Site.

Please note that this policy may change from time to time. If UPSTOX change its policies and procedures, UPSTOX will post those changes on UPSTOX website to keep you/users aware of what information UPSTOX collect, how UPSTOX use it and under what circumstances UPSTOX may disclose it. Changes to this Policy are effective when they are posted on this page. Please visit our website to keep yourself abreast of any changes to this policy.