Privacy Policy
1.
Who is E2P Maart Private Limited (SG Maart) ?
E2P Maart Private Limited, a company incorporated under the laws of India,
having its registered office at 36, Kazi Sayed Street, Masjid Bunder (W),
Mumbai, Maharashtra, India (“the
Company”) offers various retail solutions, including through its
website www.sgmaart.in and other applications ("Platforms") various
online lifestyle, fashion, grocery and electronics, furniture 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 Company’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 Company 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?
3.1
This Privacy Policy
is published pursuant to:
a. Section 43A of the
Information Technology Act, 2000;
b. Regulation 4 of the
Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
c. Regulation 3(1) of
the Information Technology (Intermediaries Guidelines) Rules, 2011.
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 Company 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 Company consisting of
following:
a. 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.
b. Sensitive personal
data or information is such personal information that is collected, received,
stored, transmitted or processed by the Company, consisting of:
1. Password;
2. Financial
information such as bank account or credit card or debit card or other payment
instrument details;
3. Physical,
physiological and mental health condition;
4. Sexual orientation;
5. Medical records and
history;
6. Biometric
information;
7. Any detail relating
to the above personal information categories as provided to the Company for
providing service; and
8. Any of the
information received under above personal information categories by the Company
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
5.1 A condition of each
User’s use of and access to the Platforms and to other services provided by the
Company 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.
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
Company 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 Company does not endorse the content, messages or information found in any
Services and therefore, the Company 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 Company relating to the same, and to the extent
such waiver may be ineffective, you agree to release any claims against the
Company relating to the same.
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 Company may be brought
to the attention of grievance officer in accordance with clause 8 of this
Privacy Policy.
5.4 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 Company may be brought
to the attention of grievance officer in accordance with clause 8 of this
Privacy Policy.
5.5 For the use of the
Services and purchase of Products, you may be required to pay the Company with
a credit card, wire-transfer, or debit card through the Company’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 Company’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 Company shall have no
role to play.
5.6 Personal
information, personally identifiable information and / or Financial Information
shall be collected by the Company 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:
a. To identify the
User, to understand his/her/its needs and resolve disputes, if any;
b. To set up, manage
and offer products and to enhance the Services to meet the User’s requirements;
c. To provide on-going
service;
d. To meet legal and
regulatory requirements;
e. To resolve
technical issues and troubleshoot problems;
f.
To aid the Company in collecting monies from Users for transactions
carried out on the Platforms;
g. To keep Users
apprised of the Company’s (or third parties’) promotions and offers;
h. To customize User
experience;
i.
To detect and protect the Company from error, fraud and other criminal
activities;
j.
To enforce the Terms of Use; and
k. Other reasons
which, prior to being put into effect, shall be communicated to the Users
through an update carried out to this Privacy Policy.
5.7 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 Company
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.
5.8 Due to the
communications standards on the Internet, when a User visits the Platforms, the
Company 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
Company 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 Company’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 Company 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
Company.
5.9 The Platforms use
temporary cookies to store certain data. The Company does not store personally
identifiable information in the cookies. Information collected by the Company,
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 Company and may be used by the Company and third party service
providers for technical administration of the Platforms, user administration,
research, development, and other purposes. Additionally, the Company may sell
or otherwise transfer such research, statistical or intelligence data in an
aggregated or non-personally identifiable form to its parent company, group
companies, subsidiaries, associates, affiliates, suppliers, vendors, sister
concerns, service providers and service partners and other third parties
(collectively referred to as “Other Parties”).
5.10 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 Company. However, Users are encouraged to use the “clear
cookies” functionality of their browsers to ensure deletion, as the Company
cannot guarantee, predict or provide for the behavior of the equipment of all
the Users of the Platforms.
5.11 The Company 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 Company may target
some advertisements to Users that fit a certain general profile. The Company
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 Company may allow authorised third parties to place
or recognize a unique cookie on the User’s browser.
5.12 The Company 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 Company
shall not be held responsible or liable. The Company 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 Company 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
Company of such websites, the websites’ provider, or the information on the
website.
5.13 When a User visits
or uses the Platforms, the Company 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.
5.14 The Company 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 Company may
share the telephone records with third parties when required by law or when
required to provide or facilitate the User with the Services.
5.15 The Company 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 Company
improve its services to meet the needs and preferences of Users.
5.16 The Company 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 Company 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.
5.17 The Company 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 Company 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 Company including, acts of government, computer hacking, unauthorized
access to computer data and storage device, computer crashes, breach of
security and encryption, etc.
5.18 The Company 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 Company, 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.
5.19 The Company may
share/use personal information and personally identifiable information provided
by Users with the Other Parties for the purposes of:
a. 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
b. detecting and
preventing identity theft, fraud or any other potentially illegal acts; or
c. monitoring and
enhancing User interest and engagement, including through promotional activity,
personal messages to Users using personally identifiable information provided
by Users, etc; or
d. processing the
purchase of Products on the Platforms.
5.20 To the extent that
Other Parties have access to the personal information, the Company 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.
5.21 The Company or the
Other Parties may merge with or be acquired by another business entity. In such
an event, the Company 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 Company 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.
5.22 The Company 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 company. Any third party to
which the Company transfers or sells its assets will have the right to continue
to use the personal and other information that Users provide to the Company.
5.23 All the Company
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.
5.24 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 Company may update this Privacy Policy
at any time, with or without advance notice. The Company 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.
5.25 All information
collected from the Users by the Company is maintained in electronic form on
servers and/or cloud systems and shall be accessible by certain employees of
the Company. The User information may also be converted to physical form from
time to time. Regardless of the manner of storage, the Company 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.
5.26 The User consents
to the Company 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 Company 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 Company may determine in its sole discretion. The User agrees that the
Company 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 Company at it@sgmaart.in.
6. Visitors Note
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.
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
Company 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.
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 Company. All Visitors, however, are
encouraged to use the “clear cookies” functionality on their browsers to ensure
such clearing or deletion, as the Company cannot guarantee, predict or provide
for the behavior of the equipment of all the Visitors of the Platforms.
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
7.1
The third party service providers with whom the
Company 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 Company
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.
7.2
If a User wishes to remove his/her/its contact
information from all the Company’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 Company at it@sgmaart.in. The Company
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: it@sgmaart.in