PRIVACY POLICY

This Privacy Policy elucidates the approach of ONLOAN (PVT) LTD. (Onloan) toward the treatment of personal data and the safeguarding of privacy when utilizing their service via the website accessible at onloan.lk (the “Website”) or alternative means. It delineates the options available to users concerning the utilization of their personal information and outlines procedures for accessing and updating such information. By accessing or employing the Website, users indicate that they have perused this Privacy Policy, thereby expressly consenting to Onloan's processing, collection, use, disclosure, storage, and protection of their personal information as stipulated herein. Applicable to all users, it is advised that users periodically review this Privacy Policy for updates.

DEFINITION OF TERMS:

• Personal Information: Encompasses any information, whether recorded in material form, from which the identity of an individual is apparent or can reasonably, directly, and conclusively identify an individual. This includes Sensitive Personal Information, such as details about race, marital status, age, beliefs, health, education, genetic information, and involvement in legal proceedings.
• User: Refers to an individual whose personal information is processed on the website.
• Processing: Encompasses operations performed on personal information, including but not limited to collection, recording, organization, storage, updating, modification, consultation, use, consolidation, blocking, erasure, or destruction of data. Processing may occur through automated or manual means if the personal data is contained or intended for a filing system.
• Personal Data: Any information that can directly or indirectly identify a natural person, utilizing an identifier like a name, identification number, location data, or an online identifier, or factors specific to the individual's physical, physiological, genetic, psychological, economic, cultural, or social identity.

PERSONAL INFORMATION WE COLLECT - User Data:

• Full name
• E-mail address
• Social Media account details
• Gender
• Birthday
• Telephone/mobile number
• ID type and number (NIC and/or Passport)
• Politically Exposed Person Status Declaration
• Residential Address
• Employment Status and Position
• Company/Business Name, Address, and Contact Number
• Monthly Income
• Name of relatives, address, NIC number, and contact number
• Name of co-workers and contact number
• Bank Name
• Bank Account number
• Geolocation data
• Device data and accesses (persistent device identifiers, device id and model, IMEI, list of installed applications, EXIF data, information about network connection, SMS messages, call logs, contacts, multimedia materials stored on the device, access to the contact lists, camera)

1. General Terms:

• This Privacy Policy is applicable to all personal Data received by Onloan from the natural person holding such User Data at the time of using or attempting to use the services of Onloan.
• The purpose of this Privacy Policy is to respect the Users' rights to the User Data concerning the collection, usage, and processing of such User Data by Onloan.

2. No Sale of Personal Information:

Onloan unequivocally asserts that it will not rent or sell personal information to third parties.

3. Information You Provide when Using Our Services and Data Processing Purposes:

Describes the collection of user information during the registration process and the purposes for processing User Data, including identity verification, credit evaluation, and communication.

4. Authorization for Usage of Third-Party Data:

Requires users to have proper authorization when using the website on behalf of others. Users must ensure informed consent and authorization for providing personal information about others.

5. Information from Cookies and Web Beacons:

Explicates the use of cookies and web beacons for tracking and improving user experience. Informs users about the impact of disabling cookies on website functionality.

6. Electronic Communications:

Describes the electronic delivery of communications to users based on their loan status. Users acknowledge access to electronic communications and consent to online service utilization.

7. Disclosure to Affiliates, Service Providers, Agents, and Representatives:

Specifies circumstances under which personal information may be disclosed to third parties. Emphasizes confidentiality and limited use of data by affiliated parties.

8. Legal Disclosures:

Allows disclosure of information to comply with laws, protect rights, and enforce agreements.

9. Use of Your Information:

Highlights the use of collected information for operational and user experience improvement purposes.

10. Links to Other Websites:

Informs users that privacy policies of other websites govern external links.

11. Security of Personal Data Processing:

Describes security measures, including encryption and access restrictions, to protect user data.

12. Retention Period:

States the retention period for personal information and the right to retain non-identifiable data.

13. Modifications; Interpretation:

Allows Onloan to update the Privacy Policy, with notifications for material changes.

14. Data Protection Officer:

Appoints a Data Protection Officer for inquiries related to the Privacy Policy.

15. Data Subject Rights, Requests & Complaints:

Summarizes data protection rights and provides contact details for inquiries, complaints, or withdrawal of consent.

TERMS AND CONDITIONS

ONLOAN (PVT) LTD (the “Company”) is an information technology-based loan services provider accessible at: onloan.lk (the “Website” or the “Platform”), providing, managing, and operating the Website for its users.

By utilizing the Website, you hereby unequivocally acknowledge that you have perused, comprehended, and agreed to be bound by all the terms and conditions (the “Terms & Conditions”) below, whether or not you are a registered member of the Website.

Composition of the Terms & Conditions

These Terms & Conditions also encompass the following additional terms which shall apply to:

• Privacy policy and data protection requirements: Any personal or other sensitive information relating to any user of the Platform will be collected, stored, and transferred with duly confidential measures in strict accordance with applicable legislation of the Republic of Sri Lanka. By continuing to use the Website and by providing information requested by the Platform, you provide your consent for such disclosure.
• Borrower’s documentation: Users of the Platform intending to act as borrowers will be subject to accepting a loan agreement establishing rights and obligations between parties, a particular lender, service provider, and borrower.

Changes in the Terms & Conditions

The Terms & Conditions are subject to change from time to time unilaterally and without further notification. Any and all changes made are timely published on the Website following mandatory notification of all registered users of the Platform and will be sent the updated terms and conditions via registered post and will be effective as of the date specified in the updated version of the Terms & Conditions and/or such notice, as applicable. Any further use of the Platform following the publishing of an updated version of the Terms & Conditions shall be deemed as an acceptance of an updated Terms & Conditions.

Coverage area

The Website is designed and construed to provide information technology-based financial services within the territory of the Republic of Sri Lanka. However, the Website is accessible and open for general use worldwide; therefore, the Website’s content is not tailored for such use outside of the Republic of Sri Lanka.

Registration

By completing registration within the Platform, as a borrower, you hereby represent and warrant that:

• information, declarations, documents, representations, and warranties made, given, or as evidenced by any documents submitted within the Platform are and will continue to be true, accurate, and correct in all respects and will comply with applicable laws and regulations at all times;
• you have legal capacity and authority to be bound by a contract (private individuals must be at least 20 years old);
• in case acting as a borrower, you are a private individual with Sri Lankan citizenship and residing within the territory of the Republic of Sri Lanka;
• prompt notification will be given to the Platform in case of change of one of the following details: residing address, phone number, and email.

The Platform reserves its right to reject registration applications as a borrower without any reason.

Privacy policy disclosed on the Website must be accepted to complete registration within the Platform. The privacy policy stipulates Platform’s policies on privacy rights regarding the collection, use, storage, processing, disclosure, and security of users’ information when you use the Website. This Privacy Policy applies to all personal and sensitive information processed through the Website.

Use of the Website

Use of the Website requires stable and constant internet access and may also require periodic hardware or software updates. Any and all fees and charges (including telecommunication fees, data, etc.) payable in relation to the usage of the Website shall be borne by its user.

By using the Website, you confirm that you are acting on your behalf and in your interests. If you are using or have plans to use the Website on behalf or in the interests of any third parties (beneficiaries), you shall immediately stop using the Website.

The Website’s Purposes and Limitations

The Website may only be used for a limited purpose indicated hereof. The Website may not be used for the following purposes:

• illegal or unlawful purposes;
• collecting and/or stealing data from the Website, including, inter alia, personal data of other users of the Website;
• ffecting the performance of the Website in any manner;
• disruption of the Website’s operations, including, but not limited to, using special codes or software to manipulate or change functions available on the Website; and
• any other acts that may do harm to the Website’s infrastructure and its facilities.

The Website’s operating hours are subject to change following mandatory maintenance works on which all users will be duly informed beforehand.

Any and all instructions received from a registered user’s account are deemed to be accurate and correct. However, the Platform reserves its right in sole and absolute discretion to suspend operations on your account if such instructions were not entirely clear, lack necessary information, your identity may not be identified, have grounds to be deemed as of an unlawful nature or if the account is projected to be compromised.

Intellectual Property Rights

The Company owns or is duly licensed to use, as applicable, all intellectual copyrights on the Website, content, and all publications thereon.

Any use of the Website or registration thereto may not be deemed as any legal grounds for transferring any kind of intellectual property rights or its licensing. Notwithstanding the purposes, all trademarks, names, and visual and textual content may be used only following a prior written authorization by the Company.

The Company reserves its right to take any necessary legal actions and remedies related to any violation of section hereof.

Content

If you use our features that allow you to upload any content into the Website, you are fully responsible for its content, and you hereby represent and warrant that you have collected any and all necessary consents, permissions to disclose such information (including, but not limited to, personal data and details of any third parties indicated by you).

The Company reserves its right in sole and absolute discretion to remove any information, documents, or any other content uploaded through the Platform if such information, documents, or any other content violate these Terms & Conditions or any other applicable laws or which may infringe or compromise the rights and obligations of any third parties. Such information, documents, or any other content shall not:

• contain a defamatory, discriminative, or insulting content;
• contain hate speeches, pornography, or extortion/threatens content, gambling, violence, or misuse of narcotics, psychotropic substances, or other addictive substances or encourages the public to commit violence or other unlawful acts;
• violate any intellectual property rights of any party;
• have a tendency to cheat others or use as a mask to be someone else or to describe your identity or your affiliate with anyone through illegal;
• give the impression that the content originated from the Company (related to content is not from the Company); or
• violate legal obligations of any third parties, such as contractual obligations or confidentiality obligations.

By uploading any documents or content to the Website, you give the rights to use, copy, save, publish, reshape, and distribute the uploaded content to third parties of performing our rights and obligations to serve you as a digital information technology-based platform. You have the right to withdraw the uploaded documents or content at any time. However, any rights that you have granted to us as referred to above shall remain in force following such withdrawal unless specifically requested otherwise.

Limitation of Responsibility

The Company provides, manages, and operates the Platform between registered users. Lending relationships between the parties are stipulated in the respective loan agreements executed by respective parties. The Company facilitates the needs and complaints of each registered user.

The Company may not provide any guarantee or security over any proceeds which may be obtained using the Platform. The Company shall bear no responsibility for any decisions taken by any registered users when using the Platform.

In case of a breach of any above-mentioned representations or warranties, the Company shall be indemnified in any case.

The Website may contain typos, errors, or omissions, and you hereby agree to waive us of any legal liability regarding such typos, errors, or omissions.

Compensation

By using the Website or the Platform, you hereby acknowledge and agree that the Company reserves its right at its sole and absolute discretion to delete your account maintained within the Platform, restrict your access thereto, and to terminate all relations with you upon the occurrence of any reasonable belief of a violation of the Terms & Conditions.

You as the borrower can terminate the Terms & Conditions by giving us a prior written notice 7 (seven) business days prior to such termination provided that you have no outstanding loans. After the termination of the Terms & Conditions, the Company shall not be obliged to provide any access to information regarding previous activities within the Platform. Notice of termination must be provided in writing to Onloan.lk.

Communication and Electronic Document

By registering as a borrower, you agree that all communication between you and the Company in connection with the services provided through the Platform will be made with your contact details contacts indicated upon registration as a user. The Company reserves the right to determine the most appropriate way of communication. The Company may also communicate with you by making certain publications on the Platform.

You agree to accept all documents, notices, and agreements sent by means of electronic channels through the Platform and acknowledge that such delivery shall be deemed valid and have the same legal force as physical delivery. All agreements, documents, notices, and agreements sent by means of electronic channels through the Platform are executed electronically or with digital signatures and have the same legal force. Any approvals that you have provided electronically are legally binding on you as a service user.

Marketing

By continuing to use the Website and by providing information requested by the Platform, you express your full consent to receive marketing content from the Company via emails, text messages, calls, mobile application, or other channels of communication. You may withdraw your consent at any time by contacting us.

Use of Cookies and Others Similar Technology

The Website uses HTTP cookies technology. Cookies are a small information file written and stored in your electronic device by the Website that you visited so the Website can identify you for the next visits. Cookies are used for several things, such as to store your preferences, for example, to choose the language, so you don’t need to fill the same information each time you visit a Website, to know your visit patterns, to improve the performance of the Website, and to evaluate our marketing efforts' effectiveness.

You can arrange to block or not enable cookies or other similar technology by making appropriate arrangements in your electronic devices or browsers.

Third Party Website Link

The Website can, from time to time, contain links on third party’s Websites that are beyond the control of the Company. The Company shall not be responsible for any information, content of such other websites and may not guarantee protection and confidentiality of your information that you provide on such other websites.

Miscellaneous

You cannot transfer your rights and obligations under the Terms & Conditions to any other third party without our prior written consent. The Company may transfer its rights and obligations under the Terms & Conditions to any third parties without your consent.

If any provision of the Terms & Conditions becomes invalid, it shall not affect the validity of other provisions of the Terms & Conditions.

Assignment of an obligation under the Terms & Conditions may only be done by expressly and in writing and signed by the party concerned.

These Terms & Conditions do not contain any provisions that may be deemed or constitute a partnership or joint venture between you and the Company.

The Terms & Conditions apply regardless of how you access the Platform (including access through the Website or mobile application).

If you have any questions related to the Terms & Conditions, please contact: Customer services Onloan (Pvt) Ltd Sri Lanka. Office hours: Monday to Saturday, 9:00 A.M. till 6:00 P.M.

Applicable Law and Dispute Resolution

The Terms & Conditions and the matters governed therein shall be subject to the laws of the Republic of Sri Lanka. All disputes arising out of or related to the Terms & Conditions, the matters governed therein shall be resolved exclusively by arbitration with reserving rights to interim reliefs from any/or commercial or civil court in Sri Lanka.