Privacy Policy
THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE
FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT,
2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO
ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE
INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY
PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT
BETWEEN YOU AND INDIAECART (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS
PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR
INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE I ACCEPT TAB OR BY USE OF THE
WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND INDIAECART
FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED
IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE
SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION)
RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF
THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE
PERSONAL DATA OR INFORMATION.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING
THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS
PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY,
PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT
OR AGREEMENTS TO INDIAECART AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF
INFORMATION TECHNOLOGY ACT, 2000.
By providing us your Information or by making use
of the facilities provided by the Website, You hereby consent to the
collection, storage, processing and transfer of any or all of Your Personal
Information and Non-Personal Information by Indiaecart as specified under this
Privacy Policy. You further agree that such collection, use, storage and
transfer of Your Information shall not cause any loss or wrongful gain to you
or any other person.
Indiaecart and its subsidiaries and affiliates and
Associate Companies (individually and/ or collectively, "Indiaecart")
is/are concerned about the privacy of the data and information of users
(including sellers and buyers/customers whether registered or non-registered)
accessing, offering, selling or purchasing products or services on Indiaecart's
websites, mobile sites or mobile applications ("Website") on the
Website and otherwise doing business with Indiaecart. "Associate
Companies" here shall have the same meaning as ascribed in Companies Act,
2013.
The terms "We" / "Us" /
"Our" individually and collectively refer to each entity being part
of the definition of Indiaecart and the terms "You" /"Your"
/ "Yourself" refer to the users. This Privacy Policy is a contract
between You and the respective Indiaecart entity whose Website You use or
access or You otherwise deal with. This Privacy Policy shall be read together
with the respective Terms Of Use or other terms and condition of the respective
Indiaecart entity and its respective Website or nature of business of the
Website.
Indiaecart has provided this Privacy Policy to
familiarise You with:
·
The type of data or information that
You share with or provide to Indiaecart and that Indiaecart collects from You;
·
The purpose for collection of such data
or information from You;
·
Indiaecart's information security
practices and policies; and
·
Indiaecart's policy on sharing or
transferring Your data or information with third parties. This Privacy Policy
may be amended / updated from time to time. Upon amending / updating the
Privacy Policy, we will accordingly amend the date above. We suggest that you
regularly check this Privacy Policy to apprise yourself of any updates. Your
continued use of Website or provision of data or information thereafter will
imply Your unconditional acceptance of such updates to this Privacy Policy.
·
Information collected and storage of
such Information:
The
"Information" (which shall also include data) provided by You to Indiaecart
or collected from You by Indiaecart may consist of "Personal
Information" and "Non-Personal Information".
·
Personal Information:
Personal
Information is Information collected that can be used to uniquely identify or
contact You. Personal Information for the purposes of this Privacy Policy shall
include, but not be limited to:
·
Your user name along with Your
password,
·
Your name,
·
Your address,
·
Your telephone number,
·
Your e-mail address or other contact
information,
·
Your date of birth,
·
Your gender,
·
Information regarding your transactions
on the Website, (including sales or purchase history),
·
Your financial information such as bank
account information or credit card or debit card or other payment instrument
details including OTP,
·
Internet Protocol address,
·
Any other items of ‘sensitive personal
data or information' as such term is defined under the Information Technology
(Reasonable Security Practices And Procedures And Sensitive Personal Data Of
Information) Rules, 2011 enacted under the Information Technology Act, 2000;
·
Identification code of your
communication device which You use to access the Website or otherwise deal with
any Indiaecart entity,
·
Any other Information that You provide
during Your registration process, if any, on the Website. Such Personal Information
may be collected in various ways including during the course of You:
·
registering as a user on the Website,
·
registering as a seller on the Website,
·
availing certain services offered on
the Website. Such instances include but are not limited to making an offer for
sale, online purchase, participating in any online survey or contest,
communicating with Indiaecart's customer service by phone, email or otherwise
or posting user reviews on the items available on the Website, or
·
otherwise doing business on the Website
or otherwise dealing with any Indiaecart entity. We may receive Personal
information about you from third parties, such as social media services,
commercially available sources and business partners. If you access Website
through a social media service or connect a service on Website to a social
media service, the information we collect may include your user name associated
with that social media service, any information or content the social media
service has the right to share with us, such as your profile picture, email
address or friends list, and any information you have made public in connection
with that social media service. When you access the Website or otherwise deal
with any Indiaecart entity through social media services or when you connect
any Website to social media services, you are authorizing Indiaecart to
collect, store, and use and retain such information and content in accordance
with this Privacy Policy.
·
Non-Personal Information:
Indiaecart may also collect information other than Personal Information from
You through the Website when You visit and / or use the Website. Such
information may be stored in server logs. This Non-Personal Information would
not assist Indiaecart to identify You personally. This Non-Personal Information
may include:
·
Your geographic location,
·
details of Your telecom service
provider or internet service provider,
·
the type of browser (Internet Explorer,
Firefox, Opera, Google Chrome etc.),
·
the operating system of Your system,
device and the Website You last visited before visiting the Website,
·
The duration of Your stay on the
Website is also stored in the session along with the date and time of Your
access, Non-Personal Information is collected through various ways such through
the use of cookies. Indiaecart may store temporary or permanent ‘cookies' on
Your computer. You can erase or choose to block these cookies from Your
computer. You can configure Your computer's browser to alert You when we
attempt to send You a cookie with an option to accept or refuse the cookie. If
You have turned cookies off, You may be prevented from using certain features
of the Website.
·
Ads: Indiaecart may use third-party
service providers to serve ads on Indiaecart's behalf across the internet and
sometimes on the Website. They may collect Non-Personal Information about Your
visits to the Website, and Your interaction with our products and services on the
Website. Please do note that Personal Information and Non Personal Information
may be treated differently as per this Privacy Policy.
·
Your installed packages information
You hereby represent to Indiaecart that:
·
the Information you provide to Indiaecart
from time to time is and shall be authentic, correct, current and updated and
You have all the rights, permissions and consents as may be required to provide
such Information to Indiaecart.
·
Your providing the Information to Indiaecart
and Indiaecart's consequent storage, collection, usage, transfer, access or
processing of the same shall not be in violation of any third party agreement,
laws, charter documents, judgments, orders and decrees.
·
Indiaecart and each of Indiaecart
entities officers, directors, contractors or agents shall not be responsible
for the authenticity of the Information that You or any other user provide to Indiaecart.
You shall indemnify and hold harmless Indiaecart and each of Indiaecart
entities officers, directors, contracts or agents and any third party relying
on the Information provided by You in the event You are in breach of this
Privacy Policy including this provision and the immediately preceding provision
above.
·
Your Information will primarily be
stored in electronic form however certain data can also be stored in physical
form. We may store, collect, process and use your data in countries other than
Republic of India but under compliance with applicable laws. We may enter into
agreements with third parties (in or outside of India) to store or process your
information or data. These third parties may have their own security standards
to safeguard your information or data and we will on commercial reasonable
basis require from such third parties to adopt reasonable security standards to
safeguard your information / data.
·
Purpose for collecting, using, storing
and processing Your Information Indiaecart collects, uses, stores and processes
Your Information for any purpose as may be permissible under applicable laws
(including where the applicable law provides for such collection, usage,
storage or processes in accordance with the consent of the user) connected with
a function or activity of each of Indiaecart entities and shall include the
following:
·
to facilitate Your use of the Website
or other services of Indiaecart entities;
·
to respond to Your inquiries or fulfil
Your requests for information about the various products and services offered
on the Website;
·
to provide You with information about
products and services available on the Website and to send You information,
materials, and offers from Indiaecart;
·
to send You important information
regarding the Website, changes in terms and conditions, user agreements, and
policies and/or other administrative information;
·
to send You surveys and marketing
communications that Indiaecart believes may be of interest to You;
·
to personalize Your experience on the
Website by presenting advertisements, products and offers tailored to Your
preferences;
·
to help You address Your problems
incurred on the Website including addressing any technical problems;
·
if You purchase any product or avail of
any service from the Website, to complete and fulfil Your purchase, for
example, to have Your payments processed, communicate with You regarding Your
purchase and provide You with related customer service;
·
for proper administering of the
Website;
·
to conduct internal reviews and data
analysis for the Website (e.g., to determine the number of visitors to specific
pages within the Website);
·
to improve the services, content and
advertising on the Website;
·
to provide value added services such as
Single Sign On. Single Sign On shall mean a session/user authentication process
that permits a user to enter his/her name or mobile number or e-mail address or
any combination thereof and password in order to access multiple websites and
applications;
·
to facilitate seamless purchase
experience while making a transaction by pre-populating the OTP received
through SMS by you
·
to facilitate various programmes and
initiatives launched by Indiaecart or third party service providers and
business associates
·
to analyze how our services are used,
to measure the effectiveness of advertisements, to facilitating payments
·
to conducting academic research and
surveys
·
to protect the integrity of the
Website;
·
to respond to legal, judicial, quasi
judicial process and provide information to law enforcement agencies or in
connection with an investigation on matters related to public safety, as
permitted by law;
·
to conduct analytical studies on
various aspects including user behaviour, user preferences etc.;
·
to permit third parties who may need to
contact users who have bought products from the Website to facilitate
installation, service and any other product related support;
·
to implement information security
practices;
·
to determine any security breaches,
computer contaminant or computer virus;
·
to investigate, prevent, or take action
regarding illegal activities and suspected fraud,
·
to undertake forensics of the concerned
computer resource as a part of investigation or internal audit;
·
to trace computer resources or any
person who may have contravened, or is suspected of having or being likely to
contravene, any provision of law including the Information Technology Act, 2000
that is likely to have an adverse impact on the services provided on any
Website or by Indiaecart;
·
to enable a potential buyer or investor
to evaluate the business of Indiaecart (as further described in paragraph 8 of
the Privacy Policy). [Individually and collectively referred to as
("Purposes")] You hereby agree and acknowledge that the Information
so collected is for lawful purpose connected with a function or activity of
each of the Indiaecart entities or any person on their respective behalf, and
the collection of Information is necessary for the Purposes.
Sharing and disclosure of Your Information
You hereby unconditionally agree and permit that Indiaecart
may transfer, share, disclose or part with all or any of Your Information,
within and outside of the Republic of India to various Indiaecart entities and
to third party service providers / partners / banks and financial institutions
for one or more of the Purposes or as may be required by applicable law. In
such case we will contractually oblige the receiving parties of the Information
to ensure the same level of data protection that is adhered to by Indiaecart
under applicable law.
You acknowledge and agree that, to the extent
permissible under applicable laws, it is adequate that when Indiaecart
transfers Your Information to any other entity within or outside Your country
of residence, Indiaecart will place contractual obligations on the transferee
which will oblige the transferee to adhere to the provisions of this Privacy
Policy.
You unconditionally agree and permit Indiaecart to
access and read your SMS to autofill or prepopulate ‘OTP’ while making a
transaction and to validate your mobile number.
Indiaecart may share statistical data and other
details (other than Your Personal Information) without your express or implied
consent to facilitates various programmes or initiatives launched by Indiaecart,
its affiliates, agents, third party service providers, partners or banks &
financial institutions, from time to time. We may transfer/disclose/share
Information (other than Your Personal Information) to those parties who support
our business, such as providing technical infrastructure services, analyzing
how our services are used, measuring the effectiveness of advertisements,
providing customer / buyer services, facilitating payments, or conducting
academic research and surveys. These affiliates and third party service
providers shall adhere to confidentiality obligations consistent with this
Privacy Policy. Notwithstanding the above, We use other third parties such as a
credit/debit card processing company, payment gateway, pre-paid cards etc. to
enable You to make payments for buying products or availing services on Indiaecart.
When You sign up for these services, You may have the ability to save Your card
details and/or UPI details for future reference and faster future payments. In
such case, We may share Your relevant Personal Information as necessary for the
third parties to provide such services, including your name, residence and
email address. The processing of payments or authorization is solely in
accordance with these third parties policies, terms and conditions and we are
not in any manner responsible or liable to You or any third party for any delay
or failure at their end in processing the payments.
Indiaecart may also share Personal Information if Indiaecart
believe it is necessary in order to investigate, prevent, or take action
regarding illegal activities, suspected fraud, situations involving potential
threats to the physical safety of any person, violations of various terms and
conditions or our policies.
We reserve the right to disclose your information
when required to do so by law or regulation, or under any legal obligation or
order under law or in response to a request from a law enforcement or
governmental agency or judicial, quasi-judicial or any other statutory or
constitutional authority or to establish or exercise our legal rights or defend
against legal claims.
You further agree that such disclosure, sharing and
transfer of Your Personal Information and Non-Personal Information shall not
cause any wrongful loss to You or to any third party, or any wrongful gain to
us or to any third party.
Links to third party websites
Links to third-party advertisements, third-party
websites or any third party electronic communication service may be provided on
the Website which are operated by third parties and are not controlled by, or
affiliated to, or associated with, Indiaecart unless expressly specified on the
Website.
Indiaecart is not responsible for any form of
transmission, whatsoever, received by You from any third party website.
Accordingly, Indiaecart does not make any representations concerning the
privacy practices or policies of such third parties or terms of use of such
third party websites, nor does Indiaecart 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
third party websites. The inclusion or exclusion does not imply any endorsement
by Indiaecart of the third party websites, the website's provider, or the
information on the website. The information provided by You to such third party
websites shall be governed in accordance with the privacy policies of such
third party websites and it is recommended that You review the privacy policy
of such third party websites prior to using such websites.
Security & Retention
The security of your Personal Information is
important to us. Indiaecart strives to ensure the security of Your Personal
Information and to protect Your Personal Information against unauthorized
access or unauthorized alteration, disclosure or destruction. For this purpose,
Indiaecart adopts internal reviews of the data collection, storage and
processing practices and security measures, including appropriate encryption
and physical security measures to guard against unauthorized access to systems
where Indiaecart stores Your Personal Information. Each of the Indiaecart
entity shall adopt reasonable security practices and procedures as mandated
under applicable laws for the protection of Your Information. Provided that
Your right to claim damages shall be limited to the right to claim only
statutory damages under Information Technology Act, 2000 and You hereby waive
and release all Indiaecart entities from any claim of damages under contract or
under tort.
If you choose a payment gateway to complete any
transaction on Website then Your credit card data may be stored in compliance
with industry standards/ recommended data security standard for security of
financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
Indiaecart may share your Information with third
parties under a confidentiality agreement which inter alia provides for that
such third parties not disclosing the Information further unless such
disclosure is for the Purpose. However, Indiaecart is not responsible for any
breach of security or for any actions of any third parties that receive Your
Personal Information. Indiaecart is not liable for any loss or injury caused to
You as a result of You providing Your Personal Information to third party
(including any third party websites, even if links to such third party websites
are provided on the Website).
Notwithstanding anything contained in this Policy
or elsewhere, Indiaecart shall not be held responsible for any loss, damage or
misuse of Your Personal Information, if such loss, damage or misuse is
attributable to a Force Majeure Event (as defined below).
A Force Majeure Event shall mean any event that is
beyond the reasonable control of Indiaecart and shall include, without
limitation, sabotage, fire, flood, explosion, acts of God, civil commotion,
strikes or industrial action of any kind, riots, insurrection, war, acts of
government, computer hacking, unauthorised access to computer, computer system
or computer network,, computer crashes, breach of security and encryption
(provided beyond reasonable control of Indiaecart), power or electricity
failure or unavailability of adequate power or electricity.
While We will endeavor to take all reasonable and
appropriate steps to keep secure any Personal Information which We hold about
You and prevent unauthorized access, You acknowledge that the internet or
computer networks are not fully secure and that We cannot provide any absolute
assurance regarding the security of Your Personal Information.
You agree that all Personal Information shall be
retained till such time required for the Purpose or required under applicable
law, whichever is later. Non-Personal Information will be retained
indefinitely.
User discretion and opt out
You agree and acknowledge that You are providing
your Information out of your free will. You have an option not to provide or
permit Indiaecart to collect Your Personal Information or later on withdraw
Your consent with respect to such Personal Information so provided herein by
sending an email to the grievance officer or such other electronic address of
the respective Indiaecart entity as may be notified to You. In such case, You
should neither visit any Website nor use any services provided by Indiaecart
entities nor shall contact any of Indiaecart entities. Further, Indiaecart may
not deliver products to You, upon Your order, or Indiaecart may deny you access
from using certain services offered on the Website.
You can add or update Your Personal Information on
regular basis. Kindly note that Indiaecart would retain Your previous Personal
Information in its records.
Grievance Officer
If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Indiaecart's Terms of Use, Term of Sale and other terms and conditions or polices of any Indiaecart entity, please contact at - E-mail: info@Indiaecart.com
The details of the grievance officer may be changed
by us from time to time by updating this Privacy Policy.
Business / Assets Sale or Transfers
Indiaecart may sell, transfer or otherwise share
some or all of its assets, including Your Information in connection with a
merger, acquisition, reorganization or sale of assets or business or in the
event of bankruptcy. Should such a sale or transfer occur, such Indiaecart
entity will reasonably ensure that the Information you have provided and which
we have collected is stored and used by the transferee in a manner that is
consistent with this Privacy Policy. Any third party to which any of Indiaecart
entity transfers or sells as aforesaid will have the right to continue to use
the Information that you provide to us or collected by us immediately prior to
such transfer or sale.
Further Acknowledgements
You hereby acknowledge and agree that this Privacy
Policy:
·
is clear and easily accessible and
provide statements of Indiaecart policies and practices with respective to the
Information;
·
provides for the various types of
personal or sensitive personal data of information to be collected;
·
provides for the purposes of collection
and usage of the Information;
·
provides for disclosure of Information;
and
·
provides for reasonable security
practices and procedures
