Privacy Policy
Last Updated on 15th April 2019
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 ERIMUGA (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 ERIMUGA
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 ERIMUGA 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 ERIMUGA 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.
ERIMUGA is 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 ERIMUGA 's websites, mobile sites or mobile
applications ("Website") on the Website.
The terms "We" / "Us" /
"Our" individually and collectively refer to each entity being part
of the definition of ERIMUGA and the
terms "You" /"Your" / "Yourself" refer to the
users. This Privacy Policy is a contract between You and the respective ERIMUGA
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 ERIMUGA entity and its respective Website or nature
of business of the Website.
ERIMUGA has provided this Privacy Policy to bring into the
light You with:
·
The type of data or information that
You share with or provide to ERIMUGA and ERIMUGA
collects from You;
·
The purpose for collection of such data
or information from You;
·
ERIMUGA '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 ERIMUGA or collected from You by ERIMUGA 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;
·
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 ERIMUGA '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.
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 ERIMUGA
entity through social media services or when you connect any Website to social
media services, you are authorizing ERIMUGA
to collect, store, and use and retain such information and content in
accordance with this Privacy Policy.
·
Non-Personal Information:
EriMuga 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 ERIMUGA 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. ERIMUGA 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: ERIMUGA
may use third-party service providers to serve ads on ERIMUGA '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 ERIMUGA that:
·
the Information you provide to ERIMUGA 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 ERIMUGA.
·
You are providing the Information to ERIMUGA and ERIMUGA
'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.
·
ERIMUGA and each of ERIMUGA
entities officers, directors, contractors or agents shall not be responsible
for the authenticity of the Information that You or any other user provide to EriMuga.
You shall indemnify and hold harmless ERIMUGA
and each of ERIMUGA 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 ERIMUGA
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 ERIMUGA entities and shall include the following:
·
to facilitate Your use of the Website
or other services of ERIMUGA entities;
·
to respond to Your inquiries or fulfil
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 ERIMUGA;
·
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 ERIMUGA 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 fulfil 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 programmes and
initiatives launched by ERIMUGA 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 behaviour, 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 ERIMUGA
·
to enable a potential buyer or investor
to evaluate the business of ERIMUGA. You hereby agree and acknowledge that
the Information so collected is for lawful purpose connected with a function or
activity of each of the ERIMUGA 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 ERIMUGA may transfer, share, disclose or part with all or
any of Your Information, within and outside of the Republic of India to various
ERIMUGA 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 ERIMUGA
under applicable law.
You acknowledge and agree that, to the extent
permissible under applicable laws, it is adequate that when ERIMUGA transfers Your Information to any other entity
within or outside Your country of residence, EriMuga will place contractual
obligations on the transferee which will oblige the transferee to adhere to the
provisions of this Privacy Policy.
ERIMUGA may share statistical data and other details
(other than Your Personal Information) without your express or implied consent
to facilitates various programmes or initiatives launched by ERIMUGA, 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, pre-paid cards etc. to enable You to
make payments for buying products or availing services on EriMuga. When You
sign up for these services, You may have the ability to save Your card 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.
EriMuga may also share Personal Information if EriMuga
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, EriMuga unless expressly specified on the
Website.
EriMuga is not responsible for any form of
transmission, whatsoever, received by You from any third party website.
Accordingly, EriMuga 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 EriMuga 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 EriMuga
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. EriMuga 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,
EriMuga 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 EriMuga
stores Your Personal Information. Each of the EriMuga 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 EriMuga
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).
EriMuga may share your Information with third
parties under a confidentiality agreement which inter alia provides for that
such third parties not disclosing the Information further unless such
disclosure is for the Purpose. However, EriMuga is not responsible for any
breach of security or for any actions of any third parties that receive Your
Personal Information. EriMuga 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, EriMuga 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 EriMuga 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, unauthorised access to computer, computer system or computer
network,, computer crashes, breach of security and encryption (provided beyond
reasonable control of EriMuga), 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 EriMuga 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 EriMuga entity as may be notified to You. In such case, You should
neither visit any Website nor use any services provided by EriMuga entities nor
shall contact any of EriMuga entities. Further, EriMuga may not deliver
products to You, upon Your order, or EriMuga 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 EriMuga would retain Your previous Personal
Information in its records.