PRIVACY POLICY
1. Who is Swadeshi Mart ?
Swadeshi Mart, a Swadeshimart registered under the laws of India, having
its registered office at Mohila , Bhiwani, India – 127046, Swadeshi Mart offers various Indian retail
solutions, including Indian Electronics Items, Indian Home Appliance s, Indian
kitchen appliances, indian Computer peripherals , Indian furniture grocery
items, Indian clothes men and women, Indian toys for kids and boys, Indian Automobiles
, Indian cars , Indian motorcycles , Indian mobile phones, indian smart phones ,
Indian sound syste, Indian electrical
items, Indian arts , Indian jeweler, Indian dairy products, Indian herbal
products, Indian beauty products, Indian dry fruits, Indian building materials
, Indian pharma products, Indian natural products, Indian , Indian hotel and
theater booking through its website www.swadeshimart.in
and other applications ("Platforms") various online
lifestyle, fashion, grocery and electronics solutions, which inter alia
facilitates the sale and purchase of products across categories related to
fashion & lifestyle, consumer electronics, grocery and general
merchandise ("Products") by users of the
Platforms ("Users").
2. What is this Privacy Policy?
This privacy policy (the “Privacy Policy”), together with the terms
of use, describes the Swadeshimart’s policies and procedures on the collection,
use and disclosure of the information provided by Users and Visitors (as
defined herein below) of the Platforms. The Swadeshimart shall not use the
User’s information in any manner except as provided under this Privacy Policy.
Every User who accesses or uses the Platforms shall be bound by this Privacy
Policy.
3. Why this Privacy Policy?
1.
3.1 This Privacy Policy is published pursuant to:
1.
3.1.1. Section 43A of the Information Technology Act, 2000;
2.
3.1.2. Regulation 4 of the Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Information) Rules,
2011 (“SPI Rules”); and
3.
3.1.3. Regulation 3(1) of the Information Technology (Intermediaries
Guidelines) Rules, 2011.
2.
3.2 This Privacy Policy sets out the type of information
collected from the Users, including the nature of the sensitive personal data
or information, the purpose, means and modes of usage of such information and
how and to whom the Swadeshimart shall disclose such information.
4. What type of information is
covered by this Privacy Policy?
The Privacy Policy applies to information collected and processed by the Swadeshimart
consisting of following:
1.
4.1 Personal information is information related to a
visitor, or a combination of pieces of information that could reasonably allow
him to be identified. Personal information may consist of full name, personal
contact numbers, residential address, email address, gender or date of birth. While
information such as date of birth in isolation may not be enough to uniquely
identify the visitor, a combination of full name and date of birth may be
sufficient to do so.
2.
4.2. Sensitive personal data or information is such
personal information that is collected, received, stored, transmitted or
processed by the Swadeshimart, consisting of:
·
Password;
·
Financial information such as bank
account or credit card or debit card or other payment instrument details;
·
Physical, physiological and mental
health condition;
·
Sexual orientation;
·
Medical records and history;
·
Biometric information;
·
Any detail relating to the above
personal information categories as provided to the Swadeshimart for providing
service; and
·
Any of the information received
under above personal information categories by the Swadeshimart for processing,
stored or processed under lawful contract or otherwise.
Please note that any information
that is freely available or accessible in public domain or furnished under the
Right to Information Act, 2005 or any other law for the time being in force
shall not be regarded as sensitive personal information.
5. Users Note
1.
5.1. A condition of each User’s use of and access to the
Platforms and to other services provided by the Swadeshimart to Users
(collectively referred to as the “Services”), is his/her/its acceptance of the
terms of use which also involves acceptance of the terms of this Privacy
Policy. Any User who does not agree with any provisions of the Terms of Use or
this Privacy Policy is advised not to accept the Terms of Use and may leave the
Platforms.
2.
5.2. While browsing the Platforms, a User is not required
to provide personal information as set out under paragraph 4.1 and paragraph
4.2 until and unless such User chooses to avail or sign up for any of the
Services. All the information provided to the Swadeshimart by a User, including
personal information and personally identifiable information, is voluntary. The
User has the right to request the withdrawal of his/her/its consent at any
time, in accordance with the terms of this Privacy Policy and the Terms of Use.
It is the User’s duty to ensure strict caution while giving out any personally
identifiable information about himself/herself/itself or his/her family members
in use of any of the Services. The Swadeshimart does not endorse the content,
messages or information found in any Services and therefore, the Swadeshimart
specifically disclaims any liability with regard to the Services and any
actions resulting from the User’s participation in any Services. As a condition
to use the Services, you as a User agree to waive any claims against the Swadeshimart
relating to the same, and to the extent such waiver may be ineffective, you
agree to release any claims against the Swadeshimart relating to the same.
3.
5.3. Users can access, modify, correct and eliminate the data
about him/her/it which has been collected pursuant to his/her/its decision to
become a User. Any grievances in relation to the information shared by the User
with the Swadeshimart may be brought to the attention of grievance officer in
accordance with clause 8 of this Privacy Policy.
4.
5.3. Users can access, modify, correct and eliminate the
data about him/her/it which has been collected pursuant to his/her/its decision
to become a User. Any grievances in relation to the information shared by the
User with the Swadeshimart may be brought to the attention of grievance officer
in accordance with clause 8 of this Privacy Policy.
5.
5.4. For the use of the Services and purchase of Products,
you may be required to pay the Swadeshimart with a credit card, wire-transfer,
or debit card through the Swadeshimart’s third party payment gateway provider
and such third party payment gateway provider may be required to collect
certain financial information from you including, but not restricted to, your
credit/debit card number or your bank account details (collectively referred to
as “Financial Information”). All Financial Information collected from the
Users’ by the Swadeshimart’s third party payment gateway providers will be used
only for billing and payment processes. The verification of the Financial
Information shall be accomplished only by the User through a process of
authentication in which the Swadeshimart shall have no role to play.
6.
5.5. Personal information, personally identifiable
information and / or Financial Information shall be collected by the Swadeshimart
on an ongoing basis, without need for further, separate consent from the User
(aside from the acceptance of this Privacy Policy, as provided in paragraph
5.1) for one or more of the following reasons:
1.
5.5.1. To identify the User, to understand his/her/its needs
and resolve disputes, if any;
2.
5.5.2. To set up, manage and offer products and to enhance
the Services to meet the User’s requirements;
3.
5.5.3. To provide ongoing service;
4.
5.5.4. To meet legal and regulatory requirements;
5.
5.5.5. To resolve technical issues and troubleshoot problems;
6.
5.5.6. To aid the Swadeshimart in collecting monies from
Users for transactions carried out on the Platforms;
7.
5.5.7. To keep Users apprised of the Swadeshimart’s (or third
parties’) promotions and offers;
8.
5.5.8. To customize User experience;
9.
5.5.9. To detect and protect the Swadeshimart from error,
fraud and other criminal activities;
10.
5.5.10. To enforce the Terms of Use; and
11.
5.5.11. Other reasons which, prior to being put into effect,
shall be communicated to the Users through an update carried out to this
Privacy Policy.
7.
5.6. The Financial Information collected from the Users is
transacted through secure digital platforms of approved payment gateways which
are under encryption, thereby complying with reasonably expected technology
standards. While the Swadeshimart shall make reasonable endeavors to ensure
that the User’s personal information and the Financial Information is duly
protected by undertaking security measures prescribed under applicable laws,
the User is strongly advised to exercise discretion while providing personal
information or Financial Information while using the Services given that the
Internet is susceptible to security breaches.
8.
5.7. Due to the communications standards on the Internet,
when a User visits the Platforms, the Swadeshimart automatically receives the
uniform resource locator of the site from which such User visits the Platforms,
details of the website such User is visiting on leaving the Platforms, the
internet protocol (“IP”) address of each User’s computer operating system, type
of web browser the User is using, email patterns, and the name of the User’s
internet service provider. This information is used solely to analyze overall
User trends and to help the Swadeshimart in improving its Services. Please note
that the link between the User’s IP address and the User’s personally
identifiable information is not shared with third parties without such User’s
permission or except when required by law or to provide or facilitate the User
with the Services. Notwithstanding the above, the User acknowledges the Swadeshimart’s
right to share some of the aggregate findings, including the personal
information provided by the Users in an unidentifiable form, and not the
specific data with advertisers, sponsors, investors, strategic partners, and
others in order to help grow the business. The amount of information sent to
the Swadeshimart depends on the settings of the web browser used by the User to
access the Platforms. The User may refer to the browser used, if the User
wishes to learn what information is provided to the Swadeshimart.
9.
5.8. The Platforms use temporary cookies to store certain
data. The Swadeshimart does not store personally identifiable information in
the cookies. Information collected by the Swadeshimart, by any means
whatsoever, that does not personally identify the User as an individual (such
as patterns of utilization described above) is exclusively owned by the Swadeshimart
and may be used by the Swadeshimart and third party service providers for
technical administration of the Platforms, user administration, research,
development, and other purposes. Additionally, the Swadeshimart may sell or
otherwise transfer such research, statistical or intelligence data in an
aggregated or non-personally identifiable form to its parent Swadeshimart,
group companies, subsidiaries, associates, affiliates, suppliers, vendors,
sister concerns, service providers and service partners and other third parties
(collectively referred to as “Other Parties”).
10.
5.9. A User may set or amend his/her/its web browsers to
delete or disable cookies. If a User chooses to disable cookies on his/her/its
computer or mobile telecommunication device, it may impair, degrade or restrict
access to certain areas of the Platforms. Merely closing the web browser should
ordinarily clear all temporary cookies installed by the Swadeshimart. However,
Users are encouraged to use the “clear cookies” functionality of their browsers
to ensure deletion, as the Swadeshimart cannot guarantee, predict or provide
for the behavior of the equipment of all the Users of the Platforms.
11.
5.10 The Swadeshimart may allow other companies or entities
to serve advertisements to Users. These companies or entities include third
party advertisement servers, advertisement agencies, advertisement technology
vendors and research firms. The Swadeshimart may target some advertisements to
Users that fit a certain general profile. The Swadeshimart does not use
personally identifiable information to target advertisements to specific Users.
In the course of serving advertisements or optimizing the Services to its
Users, the Swadeshimart may allow authorised third parties to place or
recognize a unique cookie on the User’s browser.
12.
5.11. The Swadeshimart does not exercise control over the
websites displayed as search results or links from within the Services. These
other sites may place their own cookies or other files on the Users’ computer,
collect data or solicit personal information or Financial Information from the
Users, for which the Swadeshimart shall not be held responsible or liable. The Swadeshimart
does not make any representations concerning the privacy practices or policies
of such third parties or terms of use of such websites, nor does the Swadeshimart
guarantee the accuracy, integrity, or quality of the information, data, text,
software, sound, photographs, graphics, videos, messages or other materials
available on such websites. The inclusion or exclusion does not imply any
endorsement by the Swadeshimart of such websites, the websites’ provider, or
the information on the website.
13.
5.12. When a User visits or uses the Platforms, the Swadeshimart
may access, collect, monitor and/or remotely store data in relation to the User’s
location, which may also include global positioning system coordinates or
similar information regarding the location of the device using which the User
has visited or used the Platforms. The location data does not collect or share
any personally identifiable information about the User.
14.
5.13. The Swadeshimart may keep records of telephone calls
received from and made to Users for the purpose of administration of Services,
research and development, training, business intelligence, business
development, or for User administration. The Swadeshimart may share the
telephone records with third parties when required by law or when required to
provide or facilitate the User with the Services.
15.
5.14. The Swadeshimart may choose to conduct contests and
surveys to collect relevant information about the Users’ preferences. These
surveys and contests are optional and if the User chooses to respond,
his/her/its responses will be kept anonymous. The demographic information that
the User provides while availing or signing-up for the Services and through any
surveys or contests is used to help the Swadeshimart improve its services to
meet the needs and preferences of Users.
16.
5.15. The Swadeshimart does not knowingly collect personal
data from children (only persons above the aged of 18 shall be permitted to use
the Services as provided in the Terms of Use). In an event, where in
contravention of the Terms of Use, a person below the age of 18 uses the
Services, the Swadeshimart shall not be held liable or responsible for any
damage or injury suffered by such person in logging into the Platforms and
making use of the Services.
17.
5.16. The Swadeshimart has implemented security policies,
rules and technical measures, as required under applicable law including
firewalls, transport layer security and other physical and electronic security
measures to protect the Financial Information and personal information that it
has under its control from unauthorized access, improper use or disclosure,
unauthorized modification and unlawful destruction or accidental loss. It is
expressly stated that the Swadeshimart shall not be responsible for any breach
of security or for any action of any third parties that receive Users’ personal
data or events that are beyond the reasonable control of the Swadeshimart
including, acts of government, computer hacking, unauthorized access to
computer data and storage device, computer crashes, breach of security and
encryption, etc.
18.
5.17. The Swadeshimart may be required to disclose personal
information or Financial Information to governmental institutions or
authorities when such disclosure is requisitioned under any law or judicial
decree or when the Swadeshimart, in its sole discretion, deems it necessary in
order to protect its rights or the rights of others, to prevent harm to persons
or property, to fight fraud and credit risk, or to enforce or apply the Terms
of Use.
19.
5.18. The Swadeshimart may share/use personal information
and personally identifiable information provided by Users with the Other
Parties for the purposes of:
1.
5.18.1. enabling Users to enjoy the Services and to use the
Products, including sharing information with Other Parties to provide services,
technical support etc. in relation to the Products; or
2.
5.18.2. detecting and preventing identity theft, fraud or any
other potentially illegal acts; or
3.
5.18.3. monitoring and enhancing User interest and engagement,
including through promotional activity, personal messages to Users using
personally identifiable information provided by Users, etc; or
4.
5.18.4. processing the purchase of Products on the Platforms.
To
the extent that Other Parties have access to the personal information, the Swadeshimart
shall make efforts to ensure that the Other Parties treat such personal
information at least as protectively as they treat personally identifiable
information obtained from their users or members.
20.
5.19. The Swadeshimart or the Other Parties may merge with
or be acquired by another business entity. In such an event, the Swadeshimart
and the Other Parties may be required to transfer the personal information to
such merging or acquiring party, as the case may be. While sharing such
personal information with the acquiring or merging entity, as the case may be,
the Swadeshimart and the Other Parties shall make reasonable endeavours to
ensure that the User’s personal information is duly protected by the acquiring
or merging entity, as the case may be, by undertaking security measures
prescribed under applicable laws.
21.
5.20. The Swadeshimart may also disclose or transfer the
personal and other information provided by Users, to any third party as a part
of reorganization or a sale of the assets, division or transfer of a part or
whole of the Swadeshimart. Any third party to which the Swadeshimart transfers
or sells its assets will have the right to continue to use the personal and
other information that Users provide to the Swadeshimart.
22.
5.21. All the Swadeshimart employees and data processors,
who have access to and are associated with the processing of personal information
or Financial Information provided by Users are obliged to respect the
confidentiality of every User’s personal information or Financial Information.
23.
5.22. The User’s visit to and/or use of the Platforms and
any dispute over privacy is subject to this Privacy Policy and the Terms of
Use. The Swadeshimart may update this Privacy Policy at any time, with or
without advance notice. The Swadeshimart shall not be required to notify the
Users of any changes made to this Privacy Policy. It is your responsibility, in
such cases, to review the terms of this Privacy Policy from time to time.
24.
5.23. All information collected from the Users by the Swadeshimart
is maintained in electronic form on servers and/or cloud systems and shall be
accessible by certain employees of the Swadeshimart. The User information may
also be converted to physical form from time to time. Regardless of the manner
of storage, the Swadeshimart shall make commercially reasonable endeavors to
ensure that the User information is rendered confidential, and will disclose
User information only in accordance with the terms of this Privacy Policy.
25.
5.24. The User consents to the Swadeshimart
reproducing/publishing all testimonials and reviews given by the User (whether
on the Website, social media platforms, or in any other manner whatsoever) in
relation to the Swadeshimart or any of the Products, together with the User’s
name and location, on the Website, on such page and in such position as the Swadeshimart
may determine in its sole discretion. The User agrees that the Swadeshimart may
edit the testimonials and reviews provided by the User and reproduce/publish
such edited or paraphrased versions of the testimonials and reviews on the
Website. If the User has any concerns with the reproduction/publication of any
testimonial or review provided by the User on the Website, the User may contact
the Swadeshimart at swadeshimart@rediffmail.com
6. Visitors Note
1.
6.1. No personal information or Financial Information is
automatically collected from any visitors of the Platforms who are merely
perusing or browsing the Platforms (“Visitor”). Nevertheless, the provisions of
this Privacy Policy are applicable to Visitors, and Visitors are required to
read, understand and accept the privacy statements set out herein, failing
which they are required to leave the Platforms immediately.
2.
6.2. A User will not merely be a Visitor if the User has
willingly submitted any personal information or Financial Information
(including phone numbers, email addresses, responses to surveys, etc.) to the Swadeshimart
through any means, including email, telephone calls, telephonic messaging or
while availing or signing-up for the Services. All such Visitors will be deemed
to be, and will be treated as, Users for the purposes of this Privacy Policy,
and in which case, all the statements in this Privacy Policy shall apply to the
User.
3.
6.3. If you, as a Visitor, have inadvertently browsed any
other pages of the Platforms prior to reading the privacy statements set out
herein, and you do not agree with the manner in which such information is
obtained, stored or used, merely quitting the Platforms should ordinarily clear
all temporary cookies installed by the Swadeshimart. All Visitors, however, are
encouraged to use the “clear cookies” functionality on their browsers to ensure
such clearing or deletion, as the Swadeshimart cannot guarantee, predict or
provide for the behavior of the equipment of all the Visitors of the Platforms.
4.
6.4. If you are accessing the Platforms from outside India,
it is solely your responsibility to ensure that your access does not breach or
violate any local or national law applicable in the place from where you are
making the access, for the time being in force.
7. Opt-Out Policy
1.
7.1. The third party service providers with whom the Swadeshimart
may share personal information or Financial Information provided by Users are
not permitted to market their own services or send promotional e-mails or
engage in promotional communication with the Users. The Swadeshimart provides
all Users with the opportunity to opt-out of receiving non-essential,
promotional, or marketing-related communication from itself or its partners.
These settings can be found on the Platforms.
2.
7.2. If a User wishes to remove his/her/its contact
information from all the Swadeshimart’s lists and newsletters, the User can
click on the "unsubscribe" link or follow the instructions in each
e-mail message. Alternatively, the User can contact the Swadeshimart at swadeshimart@rediffmail.com. The Swadeshimart
reserves the right to limit membership based on availability of contact
information. All Users will be notified by email prior to any actions taken.
8. Feedback or Concern
For feedback or concern, if any, kindly contact
Grievance Officer at:
Email Address: swadeshimart@rediffmail.com