Privacy Policy

1. Data Controller

• Legal Entity: STAR DIGITAL SEVA (Sole Proprietor Business)
• Operating as: QkSell
• GST Registration: Not Applicable (not registered under GST)
• Geographic Scope: Kerala, India (Primarily North Paravur, Ernakulam)
• Registered Address: 1/5, Meeval Garden, Kaitharm PO, North Paravur, Ernakulam, Kerala
• Phone: +91-9995468633
• Jurisdiction: District Court of North Paravur (ADL), Ernakulam

We are the data controller for personal information collected through QkSell. We comply with the Information Technology Act 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

2. What Information We Collect

2.1 Information You Provide Directly

Registration Information

• Full name
• Phone number (mobile or landline)
• Email address (optional)
• State/district of residence
• Account type (individual, agent, business, partner)
• Preferred language (English, Hindi, Kannada, Malayalam, Tamil, Telugu)

Listing Information

When you post a listing, you provide:

• Item title, description, price, category
• Item specifications (year, model, condition, etc.)
• Images of the item
• Your contact preferences (show phone number, use WhatsApp, etc.)
• For regulated items: ownership documents, business credentials, professional licenses (if uploaded)

Business Profile Information (if applicable)

• Business name, address, phone number
• Professional qualifications and credentials
• Business registration details
• Website URL (if applicable)
• Professional photos and branding

Payment Information

• Payment gateway transaction IDs (PhonePe, Cashfree)
• Amount paid, date, and purpose
• We do NOT directly store credit card, debit card, or UPI details — these are stored by the payment gateway

Communication Records

• Messages between users via WhatsApp or in-app chat
• Support inquiries and correspondence with QkSell

Optional Information

• Age, gender (if you choose to provide)
• Company name or business details (if applicable)
• Facebook profile data (if you log in via Facebook)
• Preferences and interests

2.2 Information Collected Automatically

Device & Technical Information

• Device type, model, OS, and OS version
• Mobile device IMEI number
• Browser type and version
• IP address and location (city/district level, based on IP geolocation)
• Operating system
• Device identifier (IDFA for iOS, Android Advertising ID)

Usage Information

• Pages or sections you visit and time spent
• Listings you view, save, or share
• Search queries you perform
• Features you use and actions you take
• Promotions you purchase or click
• Error logs and crash reports

Cookies & Tracking Technologies

• Session cookies (technical functionality)
• Analytical cookies (to understand usage patterns)
• Preference cookies (to remember your language and settings)
• Marketing cookies (if you opt in)

2.3 Information from Third Parties

Payment Gateways (PhonePe, Cashfree)

• Transaction confirmation and status
• Payment failure reasons
• Refund status

WhatsApp

• Message delivery and read status
• Sender/recipient phone numbers for communication logging

Firebase (for OTP authentication)

• OTP verification status
• Authentication logs

Analytics & Advertising Partners

• Website traffic and user behavior data
• Ad engagement and conversion data
• Device and browser fingerprinting data

Cloudflare (for image hosting)

• Image metadata and access logs
• IP addresses of image viewers

2.4 Inferred Information

We may create inferred data based on your activity:

• User categorization (buyer, seller, frequent poster, etc.)
• Listing quality scores
• Trustworthiness ratings
• Pricing recommendations
• Recommended listings (based on viewing history)

3. How We Use Your Data

3.1 Core Platform Operations

We use your data to:

• Register and authenticate your account
• Deliver Platform services (posting listings, browsing, messaging)
• Process payments and promotional purchases
• Send OTP and verify your phone number
• Generate and display your listing on the Platform
• Enable WhatsApp contact between buyers and sellers
• Facilitate partner program and earnings tracking
• Store and retrieve your saved listings and profiles

3.2 Communication

We may contact you via:

• Email, phone call, or SMS to verify your account
• Push notifications and in-app messages about your listings (offers, inquiries, status updates)
• Platform support communications (responding to your complaints or inquiries)
• Promotional emails and offers (if you opt in)
• Legal notices and compliance communications
• WhatsApp for marketing campaigns (only with consent)

3.3 Safety & Fraud Prevention

We use your data to:

• Detect and prevent fraud, cheating, and unauthorized access
• Identify and remove counterfeit or illegal listings
• Investigate violations of our Terms and Conditions
• Enforce our policies and legal agreements
• Block accounts engaged in abusive or fraudulent behavior
• Verify that users are of legal age (18+)

3.4 Analytics & Improvement

We use aggregated and anonymized data to:

• Understand user behavior and Platform usage patterns
• Identify popular categories, locations, and price ranges
• Improve Platform design, features, and functionality
• Test new features and optimize performance
• Conduct statistical analysis and market research
• Create usage reports and dashboards

3.5 Personalization

We use your data to:

• Recommend listings based on your viewing history
• Suggest categories relevant to your searches
• Customize pricing recommendations
• Personalize your Platform experience
• Tailor notifications and offers to your interests

3.6 Compliance & Legal Obligations

We use your data to:

• Comply with laws, regulations, and court orders
• Respond to legal requests from authorities
• Maintain records for tax and accounting purposes
• Document transactions for dispute resolution
• Enforce payment obligations and contracts
• Report suspected crimes to law enforcement

3.7 What We Do NOT Do

We do NOT:

• Sell your personal data to third parties for profit
• Share your phone number with unrelated businesses
• Use your data for political or religious marketing (without explicit consent)
• Create detailed behavioral profiles for discriminatory targeting
• Share medical, financial, or biometric data with third parties (beyond what’s necessary)
• Use data for purposes beyond what’s described in this Policy without your consent

4. Who We Share Your Data With

4.1 Service Providers

We share necessary data with:

• Payment Gateways: PhonePe and Cashfree (payment amount, transaction ID, your phone number)
• OTP/SMS Provider: Message Central (your phone number and name for OTP delivery)
• Email Service: Your email address for support and notifications
• Cloud Storage: Cloudflare (listing images and metadata)
• WhatsApp: Your phone number for message delivery (WhatsApp Business API)
• Analytics Providers: Aggregated usage data only (no personal identifiers)

4.2 Legally Required Disclosures

We may disclose your data if required by:

• Court orders, subpoenas, or warrants
• Government authorities or law enforcement agencies
• Regulatory bodies (RBI, MEITY, Consumer Protection Authority)
• Income Tax Department or other tax authorities
• Anti-money laundering (AML) and Know Your Customer (KYC) verification

4.3 Third-Party Partners

With your consent, we may share:

• Aggregated Platform statistics with marketing or analytics partners
• Listing information with search engines (for SEO and indexing)
• Contact information with select business partners (if you opt in)

Note: You can opt out of partner data sharing by adjusting your account settings or contacting our Grievance Officer.

4.4 Business Transfer

If QkSell is acquired, merged, or undergoes a change in ownership:

• Your data may be transferred to the new owner
• The new owner will be bound by this Privacy Policy (or notified of changes)
• You will be notified via email of any material changes

4.5 User-Generated Content (Listings)

• Your listings are public and visible to all Platform users
• Your listings may be indexed by search engines (Google, Bing, etc.)
• Buyers can access and share your listing information
• Your phone number may be revealed to buyers who pay for phone credits
• Your listings are never sold or shared with competitors without consent

5. Data Storage & Security

5.1 Where We Store Data

• All user data is stored on secure servers in India
• Backup copies are maintained for disaster recovery
• Cloudflare Images CDN stores listing images (distributed globally for faster delivery)
• Payment information is stored only by third-party payment gateways (not by QkSell)

5.2 Security Measures

We employ industry-standard security practices:

• Encryption: HTTPS/TLS for data in transit
• Access Controls: Password-protected admin access; multi-factor authentication for staff
• Session Management: Secure session tokens; automatic logout after inactivity
• Hashing: User passwords are hashed (one-way encryption)
• Monitoring: Regular security audits and penetration testing
• Firewalls: Protected against unauthorized network access

5.3 Security Limitations

No system is 100% secure. We cannot guarantee:

• Protection against all cyberattacks or data breaches
• Security against threats we cannot foresee
• Protection if you share your password or log in on a public computer
• Data integrity if a third-party service is compromised

5.4 Your Responsibility

• Keep your password confidential and change it regularly
• Log out of your account on shared devices
• Do not share account details with others
• Report suspicious account activity immediately
• Use a strong, unique password (not your birth date or name)

5.5 Breach Notification

If we discover a data breach affecting your personal data:

• We will notify you via email within 72 hours (as required by IT Rules 2021)
• We will inform relevant authorities and regulators
• We will take corrective measures to prevent recurrence

6. Data Retention & Deletion

6.1 Active Account Retention

While your account is active:

• We retain all data necessary to provide Platform services
• Listings remain stored while active (up to 30 days)
• Chat history and transaction records are maintained indefinitely

6.2 Post-Deletion Retention

After you delete your account:

• Personal data (name, email, address) is retained for 30 days to:
  • Resolve ongoing disputes or refund requests
  • Comply with legal holds or court orders
  • Prevent duplicate accounts or fraud
• After 30 days, personal data is permanently deleted or anonymized
• Transaction records and listing history are retained for 7 years for:
  • Tax and accounting compliance
  • Fraud investigation
  • Legal proceedings

6.3 What Is Not Deleted

Even after account deletion:

• Aggregated Analytics: We retain anonymized usage patterns (cannot identify you)
• Published Listings: Listings that were public remain in search engine caches
• Court Records: Data produced as evidence in legal proceedings
• Police Reports: Data provided to law enforcement

6.4 Deletion Request

To request deletion of your account and data:

• Send an email to: kerala2advt@gmail.com with subject “Account Deletion Request”
• We will confirm receipt within 24 hours
• Your account will be deleted within 48 hours
• Personal data will be purged after the 30-day retention period

6.5 Data Correction

To update or correct your personal data:

• Log in to your account and edit your profile
• Or send an email to: kerala2advt@gmail.com with details to be corrected
• We will process corrections within 5 business days

7. Your Rights & Choices

7.1 Right to Access

You have the right to request a copy of all personal data we hold about you:

• Email: kerala2advt@gmail.com with subject “Data Access Request”
• Include your name, phone number, and account email
• We will provide data in machine-readable format within 15 days
• No fee charged for access requests

7.2 Right to Correction

You have the right to correct inaccurate or incomplete data:

• Update your profile directly in your account settings
• Or send a correction request to: kerala2advt@gmail.com
• We will verify and update within 5 business days

7.3 Right to Erasure (“Right to Be Forgotten”)

You have the right to request deletion of your personal data:

• Email: kerala2advt@gmail.com with subject “Deletion Request”
• We will delete within 30-60 days (after resolving pending disputes)
• Exceptions: Data required by law or for legal proceedings will not be deleted

7.4 Right to Restrict Processing

You have the right to restrict certain uses of your data:

• Request that we stop marketing communications: adjust settings or email us
• Request that we stop using your location data: adjust settings in your account
• We will honor restrictions within 5 business days

7.5 Right to Data Portability

You have the right to receive your data in a portable, machine-readable format:

• Email: kerala2advt@gmail.com with subject “Data Portability Request”
• We will provide data in CSV or JSON format within 15 days

7.6 Right to Withdraw Consent

You have the right to withdraw consent for specific data uses:

• Withdraw consent for marketing emails: click “Unsubscribe” in the email
• Withdraw consent for partner data sharing: adjust account settings
• Withdraw consent for location tracking: adjust phone settings
• We will process withdrawal within 48 hours

7.7 Right to Object

You have the right to object to certain data processing:

• Object to profiling or automated decision-making: contact Grievance Officer
• Object to direct marketing: unsubscribe or adjust preferences
• We will respond within 30 days

7.8 Consumer Complaint

If your data rights are violated, you may file a complaint:

• With QkSell’s Grievance Officer: kerala2advt@gmail.com
• With the Data Protection Authority (if one is established in India)
• With local law enforcement or consumer protection authorities

8. Cookies & Tracking Technologies

8.1 What Are Cookies?

Cookies are small text files stored on your device that track your activity on the Platform.

8.2 Types of Cookies We Use

8.3 Third-Party Cookies

Third-party services may set cookies:

• Google Analytics: Tracks Platform usage
• Facebook Pixel: Tracks ad engagement (if you see our ads)
• Payment Gateways: Secures payment transactions
• Cloudflare: Optimizes image delivery

You can opt out of third-party cookies via:

• Your browser settings (disable all cookies or specific third parties)
• “Do Not Track” browser setting
• Third-party opt-out tools (e.g., Google Analytics Opt-Out Extension)

8.4 Web Beacons & Pixels

We may use invisible tracking pixels in emails to:

• Confirm email delivery
• Track if you open emails
• Record clicks on email links

You can disable tracking by:

• Not opening marketing emails
• Setting your email client to block images
• Unsubscribing from marketing communications

8.5 Device Fingerprinting

We do not use device fingerprinting for tracking or identification. However, third-party ad networks may.

9. Children’s Privacy

9.1 No Service to Minors

• QkSell is not designed for users under 18 years of age
• Minors are prohibited from creating accounts or posting content
• If you are under 18, do not use the Platform

9.2 Parental Involvement

• Legal guardians of minors are responsible for monitoring Platform use
• If you believe a minor is using QkSell, report it to: kerala2advt@gmail.com
• We will suspend the account and contact the registered phone number

9.3 Accidental Disclosure

If we discover we have collected data from a minor:

• We will immediately delete that account and all associated data
• We will notify the registered contact (parent/guardian)
• We will not use the data for any purpose

10. International Data Transfers

10.1 Geographic Scope

QkSell operates primarily in Kerala, India. Our servers are located in India. However:

• Some data may be processed by third-party services located outside India (payment gateways, CDN for images)
• We do not intentionally collect data from outside India
• If you access QkSell from outside India, your data is still subject to this Policy

10.2 Data Protection Compliance

When data is transferred outside India:

• We ensure recipient countries/services have adequate data protection
• We execute Data Processing Agreements (DPAs) with international service providers
• We comply with IT Rules 2021 requirements for cross-border data transfer

11. Automated Decision-Making & Profiling

11.1 What We Do

We may use automated systems to:

• Classify listings (category detection, spam detection)
• Calculate listing quality scores
• Recommend listings to users
• Detect fraudulent behavior (multiple flagging, suspicious login patterns)
• Block suspected spam or bot accounts

11.2 What We Do NOT Do

We do not use profiling for:

• Discriminatory targeting (denying service based on protected characteristics)
• Automated credit or eligibility decisions
• Manipulative behavioral targeting
• Precise predictive analytics tied to personal characteristics

11.3 Your Rights

• You have the right to request human review of any automated decision that affects you
• Contact: kerala2advt@gmail.com with details of the decision
• We will provide explanation and opportunity to appeal within 15 days

12. Special Data Categories

12.1 What We Collect

During registration and listing, you may inadvertently disclose:

• Religious beliefs or caste (in descriptions or business listings)
• Health information (if listing medical services or items)
• Sexual orientation or gender identity (in descriptions)
• Political affiliations (in user profiles)

12.2 How We Protect

• We do not intentionally collect sensitive personal data
• We do not use such data for marketing or profiling purposes
• We do not share such data with third parties
• We treat such data with heightened confidentiality

12.3 Your Responsibility

• Do not disclose sensitive personal data in your listings or profile
• Use privacy settings to limit visibility of sensitive information
• Contact us if you inadvertently disclosed sensitive data

13. Direct Marketing & Communications

13.1 Marketing Communications

We may send marketing emails, SMS, or in-app notifications about:

• New features and product updates
• Relevant listings based on your interests
• Promotional offers and discounts
• Success stories and testimonials
• Referral programs and incentives

13.2 Opt-Out Options

You can unsubscribe at any time:

• Click “Unsubscribe” link at the bottom of marketing emails
• Adjust “Marketing Communications” setting in your account
• Send an email to: kerala2advt@gmail.com with subject “Unsubscribe”
• We will process opt-outs within 48 hours

13.3 Transactional Communications

You cannot opt out of:

• Account security alerts (login, password changes)
• Payment confirmations and receipts
• Listing status updates (approval, removal)
• Legal notices and terms updates
• Support responses to your inquiries
• Dispute resolution communications

14. Business Profiles & Professional Data

14.1 Information Disclosed

If you create a Business Profile, the following is publicly visible:

• Business name and location
• Phone number and WhatsApp contact
• Professional qualifications and licenses
• Business description and services
• Business photos
• Ratings and reviews (if applicable)
• Pricing information

14.2 Privacy Controls

• You can choose to show or hide your phone number
• You can make your profile private (not indexed by search engines)
• You can delete your profile at any time
• Private profiles are visible only to logged-in users

14.3 Third-Party Reference

• Business profiles may be referenced by local directories and review sites
• We cannot control what third parties do with publicly available information
• Your profile data may be cached by search engines for months

15. Partner Program Data

15.1 Partner-Specific Data

If you are a Partner, we collect and retain:

• Your client relationships (which clients have you posted for)
• Commission earned and payout history
• Partner tier (Free/Pro) and upgrade history
• Client contact details and authorization forms
• Number of active client posts

15.2 Use of Partner Data

We use this data to:

• Calculate and process partner commissions
• Process payout requests
• Prevent duplicate or fraudulent client posts
• Detect Partner-related violations
• Generate partner earnings reports and analytics

15.3 Retention

Partner data is retained for 7 years for:

• Tax and accounting purposes
• Dispute resolution
• Fraud prevention

16. Data Breach & Security Incidents

16.1 Our Response

In the event of a data breach:

• We will immediately investigate and contain the breach
• We will notify affected users via email within 72 hours (as required by IT Rules 2021)
• We will notify the nearest Police Commissioner (Cyber Cell)
• We will notify the Indian Computer Emergency Response Team (CERT-In) if required
• We will implement remediation measures

16.2 Your Rights in Case of Breach

If a breach occurs:

• You may request free credit monitoring (if financial data is affected)
• You may file a complaint with the Grievance Officer
• You may file a complaint with law enforcement
• You may pursue legal remedies

16.3 Transparency

• We will publish a breach summary on our website
• We will provide regular updates on investigation status
• We will identify the measures taken to prevent recurrence

17. Compliance With Laws

17.1 Legal Framework

This Privacy Policy complies with:

• Information Technology Act, 2000: Section 43, 43A, 72, 72A
• Information Technology (Reasonable Security Practices) Rules, 2011
• Information Technology (Intermediary Guidelines) Rules, 2021: Rule 4(1)(d)
• Consumer Protection Act, 2019: Sections on unfair trade practices and deficiency
• Right to Information Act, 2005
• Indian Penal Code, 1860: Sections on privacy and data protection

17.2 Regulatory Cooperation

We cooperate with:

• Ministry of Electronics & Information Technology (MEITY)
• Police cyber cells and law enforcement agencies
• Consumer Protection Authorities (Central/State)
• Reserve Bank of India (for payment-related data)
• Telecom Regulatory Authority of India (TRAI)

17.3 Disclosure to Authorities

We may disclose your data to authorities without prior consent if:

• Required by law or court order
• Reasonably necessary to prevent or investigate a crime
• In response to an emergency affecting public safety
• Required for national security

18. Third-Party Links & Services

18.1 External Websites

QkSell may link to external websites (search engines, news sites, payment gateways). We are not responsible for:

• Third-party privacy practices
• Third-party data collection
• Third-party terms of service

18.2 Third-Party Privacy Policies

Before sharing data with third parties, review their privacy policies:

• Google Analytics Privacy Policy: google.com/policies/privacy
• PhonePe Privacy Policy: phonepe.com/privacy
• Cashfree Privacy Policy: cashfree.com/privacy
• Cloudflare Privacy Policy: cloudflare.com/privacy
• WhatsApp Privacy Policy: whatsapp.com/privacy

19. Contact & Grievance Officer

19.1 Data Protection Officer

For all privacy-related inquiries, contact:

• Business Name: STAR DIGITAL SEVA
• GST Registration: Not Applicable
• Phone: +91-9995468633
• WhatsApp: +91-9995468633
• Email: kerala2advt@gmail.com
• Address: 1/5, Meeval Garden, Kaitharm PO, North Paravur, Ernakulam, Kerala
• Jurisdiction: District Court of North Paravur (ADL), Ernakulam
• Response Time: Within 24-48 hours for inquiries; within 30 days for formal complaints

19.2 Complaint Process

1. Submit your privacy complaint in writing (email or physical mail)
2. Include: your name, phone number, account email, and detailed description of the issue
3. Reference this Privacy Policy section where applicable
4. We will acknowledge receipt within 24 hours
5. We will investigate and respond with resolution within 30 days
6. If unsatisfied, you may escalate to law enforcement or consumer authorities

19.3 Regulatory Contacts

If you believe your data rights have been violated:

For Cyber Issues:

• Indian Computer Emergency Response Team (CERT-In): cert@nic.in

For Consumer Complaints:

• Central Consumer Protection Authority: ccpa@nic.in
• State Consumer Protection Authority (Kerala): Contact your nearest office

For Criminal Matters:

• Local Police Cyber Cell or Crime Branch
• All India Emergency Number: 100

20. Policy Updates

20.1 Changes to This Policy

• We may update this Privacy Policy at any time
• Material changes will be communicated via email or in-app notification
• Your continued use after changes constitutes acceptance

20.2 Notification of Changes

• We will post the updated policy on our website with a “Last Updated” date
• For significant changes, we will send email notification to your registered address
• You have 15 days to object to changes; continued use means acceptance

20.3 Archive of Previous Versions

We maintain archived versions of this Privacy Policy. Request prior versions by emailing: kerala2advt@gmail.com

21. California & GDPR Notice (Informational)

21.1 California Privacy Rights (Informational Only)

If you are a California resident:

• You have additional rights under the California Consumer Privacy Act (CCPA)
• QkSell may not be subject to CCPA (as we operate in India)
• However, we honor California privacy principles where applicable

21.2 GDPR Notice (Informational Only)

If you are an EU resident:

• EU General Data Protection Regulation (GDPR) may apply to your data
• QkSell operates in India and is not specifically GDPR-compliant
• However, we honor GDPR principles where applicable (right to access, deletion, portability)

22. Entire Agreement

• This Privacy Policy, together with the Terms & Conditions, constitutes our entire data privacy agreement
• No prior understandings or agreements override this Policy
• If any part of this Policy is found invalid, all other parts remain in effect

23. Acknowledgment

By using QkSell, you acknowledge that:

• You have read and understood this Privacy Policy
• You consent to the data collection and processing described herein
• You understand your rights and how to exercise them
• You agree to the retention and use of your data as outlined

24. Final Note

Your privacy is important to us. If you have any questions or concerns about our data practices, please contact our Grievance Officer immediately. We are committed to transparency and will respond promptly to all inquiries.