1. Introduction

 

1.1 Vaishali Agarwal (hereinafter referred to as We, Us or Our) is committed to ensuring the privacy of all persons (“User”) who visit and use the website, www.vaishaliagarwal.com (“Website”). Any information provided by the User through the Website will be governed as per the provisions of this privacy policy (“Policy”). The User is advised to read this Policy prior to use of the Website and provision of any information to Us through the Website.  

1.2 We have adopted this Policy to set out the manner in which personal data and other information is collected, received, stored, processed, disclosed, transferred, dealt with and handled by Us in relation to the User’s usage of the Website, or while initiating or undertaking any transaction on the Website. The Website may contain links to other third party websites. This Policy does not apply to information that the User provides to, or that is collected by, any such third parties through the Website, and any third party websites that the User accesses or uses in connection with the services offered on the Website. We will not be liable for and have no control over the practices and content of any such third party websites.

 

2. Information Collected and Method of Collection

2.1 In order to enhance the user experience and provide services, We collect information about the User from two main sources: (i) information that the User affirmatively and voluntarily provides to Us (“Personal Information”); and (ii) information automatically collected when the User accesses the Website. 

2.1.1 Personal Information

In order to maintain the optimum level of services, We may collect the following types of information from the User (as applicable) including but not limited to:

(a) the User’s name, gender, email address, mobile and/or telephone numbers, date of birth, profile picture, service address and other information about the service address that the User provides on the Website;

(b) information provided by the User while initiating and running a task, including, without limitation, search words, location, products or services being sought, reviews, rating, order details and history, pictures of items ordered or for which a task is run, etc;

(c) We may, on a voluntary basis, ask the User to provide additional information about themselves;

(d) We may ask the User for certain financial information, including debit/credit card data or other data in relation to various payment methods, in order to process payments on the Website. 

2.1.2. Non-Personal Information

When the User visits the Website, We may collect certain non-personal information such as the User’s internet protocol (IP) address, operating system, browser type, internet service provider, aggregate user data, browser type, software and hardware attributes, number of clicks, search history and result selected, active seconds or minutes on the Website, frequency of the User’s visits to the Website, the date and time of the User’s visit to Website, cookie information, etc. This type of information is necessary for the optimum functioning of Our website and does not identify the User personally.

2.1.3 Automatic Information

We may receive and store certain types of information whenever the User accesses the Website. A cookie is a small, unique text file that the Website can send to the User’s computer when the User visits the Website. The Website may use session cookies, which terminate when the User closes its browser, and/or persistent cookies, which remain on the User's computer until manually deleted. Cookies are used to store the User’s preferences (including limited Personal Information) or to display relevant content based upon what the User views on the Website. Further, We may also collect information about the User’s preference and settings such as time zone and language, the User’s searches and the results the User selected from the searches to optimize and enhance the overall User experience.

2.1.4 Additional Information

When the User purchases any products/goods, We may, with the User’s permission, collect transaction information/details related to the User’s use of the Website, including the type of service requested, date and time the service was provided, amount charged, and other related transaction details. Further, We may also collect personal information of third parties who are not registered on the Website, including names, telephone numbers and addresses, for the limited purpose of completing the transaction initiated by the User on the Website.

2.1.5 Device

When and if the User accesses/uses the Website through any telecommunication device, We may receive information about the User’s and such device’s location, including a unique identifier number for the device, device model, operating systems, versions, software, file names, advertisement identifiers and mobile network information. 

2.1.6 User communications

When the User sends emails or other communications to Us, We may retain those communications in order to process the User’s inquiries, respond to the User’s requests and improve Our services.

Occasionally, without Our request, the User may share/send specific submissions including but not limited to product reviews, testimonials, comment on products/goods, creative ideas, suggestions, proposals, plans, or other materials whether online, by email, by post or otherwise (collectively ‘Comments’) with Us. The User agrees and acknowledges that We may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium, any Comments shared with Us. We are not liable to and are under no obligation to (a) maintain any Comments in confidence; (b) pay compensation for any Comments; and (c) respond to any Comments. We may monitor, edit or remove any content that We determine in our sole discretion, as unlawful, offensive or otherwise objectionable or in violation of any party’s intellectual property, Our Terms or this Policy.

2.1.7 Other Parties

We may receive information about the User from third parties, such as other users, partners or our service providers or if the User accesses any of Our social media pages. 

2.2 The User will no longer remain anonymous to Us once We receive its Personal Information. We may use this information to conduct internal researches on demographics, interests, and behaviours to understand, protect and serve the User better. This information is compiled and analysed on an aggregated basis and in a manner that does not personally identify the User. We will indicate fields that are mandatorily to be filled and fields that are optional; the User may decide whether or not to provide such optional information to Us.

2.3 The User may choose not to provide Us with any Personal Information or information as required to complete the transactions initiated by the User on Website. If We do not receive information required for the User’s transaction, Our third party service providers such as payment aggregators, delivery partners etc., may choose not to complete the User’s transaction initiated on the Website. We do not assume any liability arising out of or in connection with any loss, damage, delay or other claim due to such actions taken by third party providers.

2.4 The User agrees and acknowledges that by accessing the Website, the User is providing Us and Our service providers (including payment aggregators, delivery partners etc.) with its consent to Our, and Our service provider’s use, collection, retention, transfer and disclosure of all information including Personal Information. 

2.5 In the event of a change in the law applicable to data protection, the User hereby expressly consents to Our continued use, storage, collection and disclosure of its information including Personal Information to the fullest extent permitted under such applicable law. 

 

3. Use of Personal Information

3.1 The information collected by Us through the Website may be inter alia used for the following purposes:

(a) to allow the User to use the Website;

(b) to allow the User to undertake or initiate any transactions on the Website and to carry Our obligations arising from any contracts between Us and the User;

(c) for Our internal record keeping;

(d) to process payments with respect to transactions initiated on the Website;

(e) to respond to the User’s comments, reviews and questions, provide customer support and better service;

(f) to communicate important notices or changes to the services provided by Us on the Website, use of the Website and the terms/policies which govern the relationship between the User and Us;

(g) for Our internal purposes such as enhancing security of the Website, auditing, testing, troubleshooting, data analysis and research conducted either indirectly/directly by Us; for internal operational purposes such as maintenance of security of the Website, accounting and for compliance with applicable laws and orders of any judicial, governmental or investigatory authority;

(h) to track the order status, processing and delivery as applicable to the User;

(i) for collating the User’s feedback, providing offers, conducting surveys and research on Our User base for usage and improvement of services.

3.2 We may, from time to time, use the User’s information to customize, develop or improve the Website according to the User’s interests.

3.3 We do not retain any information collected from the User for any period longer than that reasonably required for the purpose of collection of such information or for such period as may be required by applicable laws in India.

3.4 We are entitled to retain the User’s Personal Information for such duration as may be required for the purposes specified hereunder and the same will be used in consonance with this Policy as well as all applicable laws.

 

4. Sharing of Personal Information

4.1 We may share the User’s information with third parties and third party service providers, promotion and marketing partners, consultants, research firms, business partners including merchants, vendors or insurance service providers, for supporting Our business, to carry out the User’s service requests and fulfil such service requests.

4.2 We may also share User information with third party payment service providers like payment gateways, payment aggregator/s and other payment service providers for the purpose of fulfilling services rendered to the User on the Website.

4.3 We may disclose the User’s Personal Information if required to do so under applicable law or when We believe that such disclosure is appropriate to comply with applicable law or in good faith, believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

4.4 We may need to disclose the User’s information, to (i) protect and defend Our rights or property, including to enforce Our agreements, policies, etc; (ii) protect the personal safety of the User, Us and Our members and employees, or any person, in an emergency; and (iii) protect Us from incurring any legal liability. In such events, We will be under no obligation to specifically inform the User or seek the User’s approval or consent prior to disclosing any information.

4.5 If the User provides a mobile phone number and/or e-mail address on the Website, We may call the User or send the User communications in relation to the User’s usage of the Website or any transaction initiated by the User on the Website.

4.6 We and Our affiliates may share or transfer some or all of the collected information (personal or otherwise) with another business entity if We merge with, or are acquired by that business entity, or a reorganization, amalgamation, restructuring of business, in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding takes place. In the event, such a transaction occurs, such other business entity (or the new combined entity) will be contractually bound to comply with the terms of this Policy.

 

5. Transparency and Choice

5.1 User Acknowledgement: All information, including Personal Information disclosed by the User will be deemed to be disclosed willingly and without any coercion. No liability pertaining to the authenticity/genuineness/misrepresentation/fraud/negligence, etc., of any information disclosed will lie on Us nor will We in any way, be responsible to verify any information obtained from the User.

5.2 Withdrawn consent: The User may choose to withdraw the consent provided hereunder at any point in time. Such withdrawal of the consent must be sent in writing to shop.vaishali@gmail.com . In the event the User does not provide or later withdraws consent, We reserve the option to not allow the User to undertake any transaction on the Website or access the services available on the Website for which the said information was sought. Further, the User acknowledges and agrees that in case of such withdrawal of the User’s consent, We reserve the right to store any of the User’s information in an anonymised form. 

5.3 Rectification: The User represents and warrants that any and all information, including but not limited to the User’s Personal Information is absolutely correct and complete in all aspects. The User further undertakes to immediately update any change or variation of the User’s Personal Information on the Website by sending Us a request in writing to shop.vaishali@gmail.com , to rectify or update the User’s account. In the event the User sends Us an email, it agrees to comply with the instructions as may be provided/communicated by Us.

 

6. Information Safety

6.1 We make all reasonable efforts to maintain physical, technical and procedural safeguards that are appropriate to protect all the information including Personal Information against loss, misuse, copying, alteration/modification, damage/destruction, unauthorized access or disclosure. Some of the security measures adopted by Us are:

(a) All information is saved and stored on servers, which are secured with passwords/pincodes to ensure no unauthorised person has access to it. We adhere to strict security guidelines to protect the User’s information in Our possession against unauthorized access and take reasonable steps, in compliance with the applicable laws, to help protect the User’s rights of privacy and the User’s information (personal or otherwise).

(b) We use firewalls and security software that We deem appropriate to prevent unauthorised access to all information.

(c) We restrict access to all information including Personal Information to Our employees, agents and service providers, on a “need to know” basis.


6.2 The User expressly consents to the sharing of the User’s information and its Personal Information with third party service providers, including vendors, merchants, insurance agents and insurers, promotion and marketing partners, consultants, research firms, business partners, financial service providers, payment gateways, to process payments and manage payment card information.

6.3 We expressly disclaim all liability whatsoever, to the maximum extent permitted by law, for (a) any loss or disclosure of information or Personal Information due to third party actions or events beyond Our control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.; and (b) any breach of confidentiality and privacy under applicable laws including under Section 72 of Information Technology Act, 2000.

 

7. Third Party Links

7.1 Our Website may contain links to third party websites (“Third Party Links”). We have no control over such Third Party Links and assume no responsibility whatsoever regarding any collection or disclosure of any information or Personal Information by such companies or persons thereof. We expressly disclaim all liability in relation to any loss or damage which may be incurred by the User as a result of the collection and/or disclosure of any of its information via Third Party Links. The User must carefully review and evaluate the terms, privacy policy and other information of the Third Party Links prior to undertaking any transaction on their websites/platforms. Any complaints, claims and concerns in relation such Third Party Links or their products must be directed to the such third party and not Us.

7.2 Payment Gateways/Transactions: The User hereby agrees to provide and consent to use of its current, complete and accurate purchase and account information for all purchases made on Our Website by Us or by Our service providers including third party payment gateways/aggregators. The User acknowledges and understands that We are not responsible for any actions done by such third party payment gateways/ aggregators and disclaim all liability that arising out of or in connection with any loss, damage, delay or other claim due to such actions taken by third party gateways/ aggregators. 

 

8. Governing Law

This Policy shall, in all respects, be governed by and construed in accordance with the laws of India. The User agrees to submit to the exclusive jurisdiction of the courts in Hyderabad, India in connection with any dispute arising out of or in connection with this Policy. 

 

9. Changes to this Policy

We reserve the unconditional right to change, modify, add, or remove portions of this Policy at any time, without specifically notifying the User of such changes. Any changes or updates will be effective immediately. The User should review this Policy regularly for changes.

 

10. Grievance Redressal

We are committed to protect the User’s information collected and processed on the Website and look forward to the continued support from the User for the same. In case of any feedback or concern regarding protection of information, or any privacy-related feedback or concerns, please feel free to reach out to Our grievance officer at shop.vaishali@gmail.com .