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(i) Section 43A of the Information Technology Act, 2000; and
(ii) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPI Rules")
(iii) Regulation 3(1) of the Intermediary Rules, 2011 ("IR Rules")
Personal information is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. The SPI Rules further define "sensitive personal data or information" of a person to mean personal information about that person relating to:
(ii) financial information such as bank accounts, credit and debit card details or other payment instrument details;
(iii) physical, physiological and mental health condition;
(iv) name, age, address, e-mail, phone number, date of birth, sexual orientation;
(v) medical records and history;
(vi) biometric information;
(vii) information received by body corporate under lawful contract or otherwise;
(viii) visitor details as provided at the time of registration or thereafter; and
(ix) call data records
In accordance with Regulation 3(2) of the IR Rules, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which the user does not have any right to;
(ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
3. INFORMATION COLLECTION AND USE
Apart from your Sensitive Personal Information, we may also track other information, including, but not limited to the following:
(i) For everyone who visits our payment gateway to undertake a transaction, we log IP addresses, the type of operating system that your computer uses, and the type of browser software used by you. From the IP address, we can determine the ISP and the geographic location of your point of connectivity.
(ii) "Profiling Information" which includes:
- Information about your navigation using our Services, for example the URLs of websites, which you visit and from which you request downloads.
- Your financial information such as your banking details and any information relating to your income and lifestyle.
- Your contact details such as your name, physical addresses, postal addresses, and contact numbers.
- Payment related account information: Your account history with us including (without limitations) all billing information and communications, payment history etc.
(iii) Information about your navigation using our Services, for example the URLs of linked third party websites, which you visit and from which you request downloads ("Service Usage Information");
(iv) Information such as your web request, IP address, browser type, browser language, date and time of request ("Log Information")
(v) Transactional history (other than banking details) about your e-commerce activities ("Transactional Information")
(vi) All reviews, comments, feedback, suggestions, ideas, complaints and other submissions disclosed, submitted or offered on the Website and/or App or otherwise disclosed, submitted or offered by you in connection with use of our Website and/or App (collectively, "Feedback")
(vii) Information related to your account created while registering with us ("Account Information"), which includes:
- Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services;
- Information stored in your account created with us.
4. RIGHT TO COLLECT
By accessing our Website and/or the App, you agree that we may collect and store any of the above mentioned information, including Sensitive Personal Information as long as you subscribe to our Website/App or use our Services subject to the limitations set out herein.
We collect your Profiling Information and Account Information for the following reasons:
- Determine and verify the service charges payable by you and to administer our relationship with you.
- Comply with any statutory or regulatory requirement.
- Monitor your access and use of our Website and/or App.
5. DISCLOSURES AND MONITORING
You acknowledge and agree that in the interest of improving personalization and Service efficiency, we may, under controlled and secure circumstances, share your Sensitive Personal Information with any entity which is our subsidiary or holding company or a subsidiary of our holding company or an entity which controls, is controlled by or is under common control with us (our "Affiliates").
If we are required to intercept, disclose, monitor and/or store any information, including Sensitive Personal Information, by or under applicable laws of India:
- pursuant to direction/order of any governmental/regulatory authority or court.
- to conduct our business.
- to secure our systems.
- to enforce our own rights.
To ensure that the security and integrity of our Services are safeguarded, we may monitor your information, including Sensitive Personal Information. This monitoring may include (without limitation) the filtering of Feedback to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content.
Our Website and/or App may use "cookies" so that we can provide you with more customized information when you access our Website and/or App and use our Services. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you are sent a "cookie", giving you the chance to decide whether or not to accept it. If you do accept a “cookie”, you thereby agree to our use of any Sensitive Personal Information collected by us using that Cookie.
7. BUSINESS TRANSFERS
8. OUR EMAIL POLICY
You can choose to opt out of receiving any further email correspondence from us or our Affiliates. We will not sell, rent, or trade your email address to any third-party, other than our Affiliates, without your prior permission. You understand that email is not considered a secure form of communication. Generally, any information you disclose in an email may be viewed by hackers while such information is on route to us. As such, ensure that you take due care in what you disclose in any email that you send to us.
9. PAYMENT SOURCES
You may have to provide a credit card, bank details or other payment gateway related information to use our Services. You agree that we have no control over these third party payment processors or their services. You accept that payment gateways are hosted by third party payment processors and usage of such payment gateway(s) shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. We use commercially reasonable efforts to make sure that your payment source information is kept strictly confidential by using only third party payment gateway services that use industry standard encryption technology to protect your payment source information from unauthorized use. However, you hereby understand and agree that we are in no way responsible for any misuse of your payment source information by such third parties.
10. SOCIAL MEDIA FEATURES
11. LEGAL DISCLAIMER
Though we make every effort to preserve your privacy, we may need to disclose information including Sensitive Personal Information when required by applicable laws wherein we have a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on us or our Affiliates.
12. DATA RETENTION
We will retain your information, including Sensitive Personal Information, for as long as your account is active or as needed to provide you Services. We will remove any information from our database that you request to be removed. However, Sensitive Personal Information and any other information may remain in our or any third party servers as part of standard back-up procedures in accordance with applicable laws.
We follow generally accepted industry standards to protect the information submitted to us, including Sensitive Personal Information, both during transmission and after we have received it. However, please understand that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, including Sensitive Personal Information, please note that we do not ensure or warrant that all/any of such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security breach, then we will attempt to notify you by posting a notice on the Website and/or App so that you can take appropriate protective steps.
14. CONTACT US
15. NOTICE OF GRIEVANCE
In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Website and/or App, including any grievance relating to the processing of information provided by you, is as follows:
Karnick Sawhney (Manager Customer Care)
A-28, C.C. Colony