Privacy and Policy

PRIVACY POLICY

 

Cyber Knight Private Limited (“Cyber Knight”) referred to as (“We” / “Us” / “Company”) is the publisher of this Privacy Statement and / or Privacy Policy (“Policy”) in relation to its website / web application and / or mobile application for the project “Shopoholic Buddy” / “Project”. This policy shall form a part and parcel of the ‘Terms of Use’ as relevant for App and / or Site (https://shopoholicbuddy.com/privacy-policy/).

 

Shopoholic Buddy is a customer driven personalised platform which connects the buyer / service receiver and the seller / service provider and facilitates the transactions between them.                         

 

This Policy enumerates and lays down the  manner in which We will collect, use, process, disclose, transfer and secure the Personal Information (“PI”) and Sensitive Personal Information (“SPI”) collectively defined as Personally Identifiable Information on (“PII”) and in what manner the said PII shall be provided by the intended user (referred to as “User” / “Users ) to avail the Services and / or for purchase or selling of products on the Site and / or App and sets out the security practices implemented by Us and how the PII shall be handled and secured by Us.

 

This Policy shall form part of the website (“Site”) and / or mobile application (App) for Shopoholic Buddy through which the Users will avail the Services and / or buy Products on the Site and / or App.  Users, by providing their PII, agree and consent to its use, transfer, processing and disclosure to our affiliates, agents, suppliers (jointly referred to as “Third Parties”), which is a condition precedent for using the Site and / or App.                                                                                               

 

WHY THIS POLICY?

 

This Policy is published in compliance with Section 43A of the Information Technology Act, 2000 (“Act”) and the following rules prescribed under the Act (collectively referred to as “Rules”):

 

  1. Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011; and
  2. Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011.

 

 

 

 

WHAT WE COLLECT?

 

We collect PII that Users provide on the Site or App i.e. information that identifies Users as individuals.

 

If you are a representative or employee of any buyer or seller or a sole trader or a service provider you will be required to provide PI and SPI. This PII has been specifically categorized as PI and SPI which are mentioned below:

 

  1. Personal Information (PI)

 

  1. Name;
  2. Address;
  3. Telephone number / Mobile number;
  4. Device and connection information (in case of an App); Email Address; or
  5. Aadhaar Card Number and / or Permanent Account Number (PAN).

 

  1. Sensitive Personal Information (SPI)

 

  1. Password;
  2. Financial information such as details of bank account / credit card / debit card;
  3. Billing and delivery information;
  4. Other payment instrument details;
  5. any detail or information relating to the above clauses for providing service; or
  6. any of the information received under above clauses for processing under lawful contract or otherwise.

 

Certain PI is collected automatically by Us when you contact us via our customer care chat services department, telephone or e-mail. We may also ask for certain other PI in order to establish your identity. We shall also collect details of User activities, transactions and interactions on the Site / App including information relating to the types and specifications of the Products purchased or to be purchased and / or Services availed or to be availed, pricing and delivery information, dispute and compliant records.

 

We may also receive certain PI from the social media platforms if you choose to register on the Site / App via any social media account. Exactly what information we receive will depend on your privacy settings with the applicable App / Site, but it would typically include basic public profile information such as:

PII shall not include any information that is freely and readily available or freely accessible through a public domain or furnished under the Right to Information Act, 2005 (“RTI”). Further any loss or misuse of this publicly available PII shall not be construed as breach of this Policy or Terms of Use. Certain information as disclosed by the User may be publicly available on the Site and App.

 

Users shall be solely responsible for the accuracy of the PII that they provide on the Site or App and undertake to keep the same modified, updated, corrected by contacting Us on contact@shopoholicbuddy.com

 

Users undertake to keep Cyber Knight indemnified with respect to any liability that may arise due to any inaccuracies or outdated or incorrect PII provided to Us and / or any other User of the App or Site including Third Parties.

 

 PRIVACY STATEMENTS

 

    1. Use of PII

 

The use of PII provided by the Users shall be exclusively used by Us and / or any Third Parties authorized by Us:

 

    1. to respond to your requests, feedback and managing claims and / or disputes;
    2. to improve the functionality of the App / Site and to customize your future experience;
    3. to administer your login account and verifying your eligibility to register on the Site and / or App;
    4. verifying your identity and conducting KYC (Know Your Customer) and anti – money laundering diligence and background checks to prevent fraud;
    5. to carry out our obligations arising from your requests for our Services and send you administrative communications;
    6. performing research or statistical analysis in order to improve the personalised Services;
    7. facilitating better communications between the buyer and the seller via App or Site for the purpose of processing transactions and settlement between the buyers and sellers and further also processing fund withdrawal requests from the Sellers;
    8. facilitating customs clearance declarations / applications via the Site and / or App;
    9. assessing and monitoring account security and transaction of Users of the Site and / or App, detecting and preventing fraud, money laundering and other security incidents;
    10. to notify you of our new Products and Services;
    11. to seek your feedback on the Products and Services;
    12. to improve administrative and quality assurance purposes;
    13. to make disclosures as may be required under the applicable law for the time being in force, including law related to enforcement agencies, courts and other statutory forums;
    14. in case you are buyer we shall share details of the last viewed products on the Site and / or App to enable the sellers to contact you with the details of the Products / Services that might interest you; and
    15. for other purposes that may be detailed on the Site or App.

 

    1. Protection of PII

 

We shall take reasonable security measures to protect PII collected from the Users against unauthorized access or disclosure.

 

We shall endeavour to verify accounts and activity and promote safety and security by investigating suspicious activity or violations of our Policy and / or Terms of Use, and to ensure our Site and / or App are being used legally. We will endeavour to take appropriate legal, organizational and technical measures to protect your PII consistent with applicable privacy and data security laws of India as well as in other countries of our operations.

 

When sharing PII in accordance with the User consent with Third Parties for provision of the Services to the Users including but not limited to the consummation of transactions pertaining to purchase and sale of the Products or otherwise, such Parties are carefully selected and contractually obligated to use reasonable security measures to protect the confidentiality and security of PII as provided under the Rules and access to such Parties to User PII is provided only on a need to know basis with similar obligations.

 

We shall not be liable for any breach of PII due to negligence of the User while availing Services or buying Products via Site or the App.

 

Save as provided by law for the time being in force, We will retain your PII only for the consummation of the transactions on the Web / Site  and / or for such period as your account is active and has not been closed by You, as the case may be. At any time, you may update, correct, remove the PII or instruct us in writing to remove it.

 

    1. Sharing of PII

 

We may share, transfer or disclose Users’ PII under a lawful contract with Third Parties on a need to know basis, in the normal course of business to provide such Products, Services or support services to the Users and / or to improve the quality of such Products and Services, as the case may be. Further, we shall not transfer, disclose, sell Users’ PII with Third Parties except as agreed in terms of this Policy. Third Parties are also contractually obligated to refrain from using the PII for any purpose other than as contemplated under this Policy.

 

All Third Parties providing such support Services shall also be contractually obligated to meet the same standards of data protection as prescribed under the Act / Rules.  

 

We may also disclose or provide access to the PI of the Users to the below mentioned recipients:

 

    1. Other Users of the App and / or Site in order to facilitate the purchases and communications between you and other Users;

 

    1. Third Party business partners, service providers and / or affiliates of Cyber Knight engaged by us or working with us to assist us to provide Services to you or who otherwise process PII for purposes as described in this Policy or notified to you when we collect your PII. Categories of such Third Party shall include:

 

 

 

 

 

 

 

 

    1. We also reserve the right to disclose the PII for reporting to government authorities, to parties in relevant legal proceedings as authorized by the presiding court or tribunal and otherwise to the extent required or explicitly authorized by applicable laws. In certain special cases, we may disclose Users’ PII:

 

 

 

 

 

 

    1. WEBSITE AND MOBILE APPLICATION USAGE INFORMATION

 

We may use mobile analytics software to allow us to better understand the functionality of our App on the User’s phone. This software may record information such as how often Users access the App, the events that occur within the App, aggregated usage, performance data and from where the application was downloaded.

 

We may send push notifications from time-to-time in order to update users about any events or promotions that we may be running. To ensure Users receive proper notifications, we will need to collect certain information about Users device such as operating system, etc.

 

We may also share this aggregated information with Third Parties to improve the quality of services including support services. This information includes:

 

  1. the total number of visits to our Site and App;
  2. the number of visitors to each page of our Site and App; and
  3. the domain names of our visitors' internet service providers.

 

    1. RETENTION

 

We shall retain your PII and SPI as long as you are maintaining your account with Us or as maybe required or permitted by applicable laws, such as tax and accounting laws.

 

    1.  COOKIES

 

Our Site and App shall use a technology called “Cookies” / “Cookie”. A cookie is a small text file that is placed on your hard disk by a server. If you do not de-activate or erase the Cookie, each time you see the same browser or mobile device to access the Platform, our servers shall be notified of your visit to the Site and / or App and in turn we may acknowledge your visit.  We use data collection devices such as cookies on certain pages of the App to help analyse our App page flow, measure promotional effectiveness, and promote trust and safety. Cookies allow Site and / or App to respond to Users as an individual. The Site and / or App can tailor its operations to Users’ needs, likes and dislikes by gathering and remembering information about your preferences. For instance, server may set a cookie that keeps you from having to enter a password more than once during a visit to a website. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can manually modify your browser setting to decline Cookies or receive a warning before a cookie is stored if you prefer. Please refer to your Internet browser’s instructions or help screen to learn more about these functions and to specify your cookie preferences. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Site or any other websites that you visit. Any loss of PII, through the Cookies shall not be our responsibility. Cookies are used for technical and security purposes.

 

    1. CHANGES TO THIS POLICY

 

We may update this Policy from time to time in response to changing legal, technical or business developments. When we update our Policy, we will take appropriate measures to inform you about the significance of the changes we shall make.  We will obtain your consent to any material Policy changes if and where it is required by the applicable data protection laws in the relevant territory of operation.

 

Any changes to this Policy shall be communicated by us posting an amended Policy on the Site / App. Once posted on the Site / App, the new Policy will be effective immediately. You can see when this Policy was last updated by checking the “last updated” date displayed at the top of this Policy.

 

    1. INFORMATION FROM OUTSIDE SOURCES


We may also collect or obtain information from Third Parties to add to our existing Users databases unless restricted or prohibited by applicable laws. Some of this information may be PII. We do this to target information offerings and promotional campaigns in which we think users would be interested. Such PII will only be collected and used in accordance with the basis on which it was originally provided by the subject unless restricted or prohibited under the applicable laws.

 

 

 

 

    1. LINKS TO OTHER WEBSITES


We shall allow various advertisers to advertise their content. We shall not be responsible for use of any PII that you provide to advertisers or third-party advertisers. These other sites may place their own Cookies or other files on Users’ computer, collect data or any other information, for which we shall not be responsible. We do not share Users’ PII with these advertisers. We shall not be responsible for:

 

 

    1. USE OF OUR WEBSITES AND MOBILE APPLICATIONS BY CHILDREN


Unless otherwise explicitly stated, Sites and App on which this Policy appears are not intended or designed to persons who are below the age of eighteen (18) years (“Minors”) or who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, and Cyber Knight shall in no circumstances be responsible for the action(s) of such individual(s). We do not knowingly collect PII from Minors on our Site or App. We only collect the PII of Minors where explicit consent is provided or uploaded by parents or guardians on the Site or App. PBL shall in no event be responsible for verification of the genuineness of the consent provided by the parents or guardians of the Minors.

 

    1. LIMITATIONS OF LIABILITY

 

Under no circumstances including, but not limited to, negligence, We or Third Parties acting on our behalf shall be liable for any direct, indirect, incidental, special, consequential or punitive damages that results from the usage of, or the inability to use the PII provided. Users specifically acknowledge and agree that We shall not be liable for any defamatory, offensive or illegal conduct of Users. If Users are dissatisfied with any of the Terms of Use of Site and / or App in order to provide services to Users, Users’ sole and exclusive remedy is to discontinue using this Site and / or App.

 

    1. GOVERNING LAW AND JURISDICTION

 

This Policy is governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law and shall be subject to exclusive jurisdiction of the courts at New Delhi, India, notwithstanding anything to the contrary contained in any provision of this Policy.

 

    1. CONTACT US

 

Should Users have any questions about this Policy or with respect to information collection, use and disclosure practices, Users may contact us at contact@shopoholicbuddy.com.