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 HAPPIESHOP4U (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 HAPPIESHOP4U 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 HAPPIESHOP4U 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 happieshop4u 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. Happpieshop4u
internet India Private Limited and its subsidiaries and affiliates and
Associate Companies (individually and/ or collectively,
"happieshop4u") 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 happieshop4u's websites, mobile sites or mobile applications
("Website") on the Website and otherwise doing business with
happieshop4u. "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 happieshop4u and the terms "You"
/"Your" / "Yourself" refer to the users. This Privacy
Policy is a contract between You and the respective happieshop4u 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 happieshop4u entity and its respective Website or nature of
business of the Website.
Happieshop4u has provided this Privacy Policy to
familiarize You with:
The
type of data or information that You share with or provide to happieshop4u and
that happieshop4u collects from You; The purpose for collection of such data or
information from You; Happieshop4u 's information security practices and
policies; and Happieshop4u '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 Happieshop4u or collected from You
by Happieshop4u 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 Happieshop4u 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 Happieshop4u '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
Happieshop4u 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 Happieshop4u entity
through social media services or when you connect any Website to social media
services, you are authorizing Happieshop4u to collect, store, and use and
retain such information and content in accordance with this Privacy Policy.
Non-Personal Information: Happieshop4u 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 Happieshop4u 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. Happieshop4u
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: Happieshop4u may
use third-party service providers to serve ads on Happieshop4u '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.
You hereby represent to Happieshop4u that:
The
Information you provide to Happieshop4u 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
Happieshop4u. Your providing the Information to Happieshop4u and Happieshop4u
'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. Happieshop4u and each of Happieshop4u
entities officers, directors, contractors or agents shall not be responsible
for the authenticity of the Information that You or any other user provide to
Happieshop4u. You shall indemnify and hold harmless Happieshop4u and each of
Happieshop4u 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 Happieshop4u 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 Happieshop4u entities and shall include the
following: to facilitate Your use of the Website or other services of
Happieshop4u entities; to respond to Your inquiries or fulfill 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 Happieshop4u;
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 Happieshop4u
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 fulfill 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 programs and initiatives
launched by Happieshop4u 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 behavior, 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 Happieshop4u; to
enable a potential buyer or investor to evaluate the business of Happieshop4u
(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 Happieshop4u 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 Happieshop4u may transfer, share,
disclose or part with all or any of Your Information, within and outside of the
Republic of India to various Happieshop4u 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 Happieshop4u under
applicable law. You acknowledge and agree that, to the extent permissible
under applicable laws, it is adequate that when Happieshop4u transfers Your
Information to any other entity within or outside Your country of residence,
Happieshop4u 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 Happieshop4u to access and read your SMS
to auto fill or prepopulate ‘OTP’ while making a transaction and to
validate your mobile number. Happieshop4u may share statistical data and
other details (other than Your Personal Information) without your express or
implied consent to facilitates various programs or initiatives launched by
Happieshop4u, 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, prepaid cards etc. to enable You to make payments for buying products
or availing services on Happieshop4u. 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. Happieshop4u may also share Personal Information
if Happieshop4u 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, Happieshop4u unless expressly specified on the Website.
Happieshop4u is not responsible for any form of transmission, whatsoever, received
by You from any third party website. Accordingly, Happieshop4u 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 Happieshop4u
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 Happieshop4u 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. Happieshop4u 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, Happieshop4u 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 Happieshop4u stores Your
Personal Information. Each of the Happieshop4u 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 Happieshop4u 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). Happieshop4u may share
your Information with third parties under a confidentiality agreement which
inter alias provides for that such third parties not disclosing the
Information further unless such disclosure is for the Purpose. However,
Happieshop4u is not responsible for any breach of security or for any actions
of any third parties that receive Your Personal Information. Happieshop4u 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, Happieshop4u
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 Happieshop4u 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, unauthorized access to computer, computer
system or computer network,, computer crashes, breach of security and
encryption (provided beyond reasonable control of Happieshop4u), 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 Happieshop4u 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 Happieshop4u entity
as may be notified to You. In such case, You should neither visit any Website
nor use any services provided by Happieshop4u entities nor shall contact any of
Happieshop4u entities. Further, Happieshop4u may not deliver products to You,
upon Your order, or Happieshop4u 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 Happieshop4u would retain Your
previous Personal Information in its records.
Business / Assets Sale or Transfers
Happieshop4u
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 Happieshop4u 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 Happieshop4u 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 Happieshop4u 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.