Privacy Policy
Last updated on 18th
-August-2016
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 SEARCH4ANY (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 OR THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP
BETWEEN YOU AND SEARCH4ANY 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 SEARCH4ANY 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 Search4any 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.
Search4any Services Pvt. Ltd and its subsidiaries and affiliates and Associate
Companies (individually and/ or collectively, "Search4any") 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 Search4any's websites,
mobile sites or mobile applications ("Website") on the Website and
otherwise doing business with Search4any. "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 Search4anyl
and the terms "You" / "Your" / "Yourself" refer
to the users.
This Privacy Policy is a contract betweenYou and the respective Search4any
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 Search4any entity and its respective Website or
nature of business of the Website.
Search4any has provided this Privacy Policy to familiarizeYou with.
·
The type of data or information
that You share with or provide to Search4any and that Search4any collects from
You;
·
The purpose for collection of such
data or information from You; Search4any's information security practices and
policies; and
·
Search4any'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 Search4any or collected from You by
Search4any 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 address,
·
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,
·
Your financial
information such as bank account information or credit card or debit card or
other payment instrument details,
·
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 Search4any 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 Search4any'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 Search4any 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 Search4any entity through social media
services or when you connect any Website to social media services, you are
authorizing Search4any to collect, store, and use and retain such information
and content in accordance with this Privacy Policy.
Non-Personal
Information
Search4any 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 Search4any 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. Search4any 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: Search4any may use third-party service providers to serve
ads on Search4any'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 Search4any that
·
the Information you
provide to Search4any 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 Search4any.
·
Your providing the
Information to Search4any and Search4any'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.
Search4any and each of Search4any entities officers, directors,
contractors or agents shall not be responsible for the authenticity of the
Information that You or any other user provide to Search4any. You shall indemnify
and hold harmless Search4any and each of Search4any 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
Search4any 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 Search4any entities and shall
include the following:
·
To facilitate Your use
of the Website or other services of Search4any 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 Search4any;
·
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 Search4any 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 offered now or in feature 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 various
programmes and initiatives launched by Search4any 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 Search4any;
·
To enable a potential
buyer or investor to evaluate the business of Search4any (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 Search4any entities or any person on
their respective behalf, and the collection of Information is necessary for the
Purposes.
Sharing and Disclosure of your Information
·
The Services are not
available to You hereby unconditionally agree and permit that Search4any may transfer, share, disclose or part with all
or any of Your Information, within and outside of the Republic of India to
various Search4any 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 Search4any under applicable law.
·
You acknowledge and
agree that, to the extent permissible under applicable laws, it is adequate
that when Search4any transfers Your Information to any other entity within or
outside Your country of residence, Search4any will place contractual
obligations on the transferee which will oblige the transferee to adhere to the
provisions of this Privacy Policy.
·
Search4any 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 Search4any, 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 Search4any. 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.
·
Search4any may also
share Personal Information if Search4any 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,
Search4any unless expressly specified on the Website.
·
Search4any is not
responsible for any form of transmission, whatsoever, received by You from any
third party website. Accordingly, Search4any 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 Search4any 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 Search4any 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. Search4any 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, Search4any 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 Search4any stores Your Personal Information. Each of the
Search4any 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 Search4any 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 (if required) 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).. Any before implementing the process the same will be informed to
the customer
·
Search4any 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, Search4any is not
responsible for any breach of security or for any actions of any third parties
that receive Your Personal Information. Search4any 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, Search4any 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 Search4any 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
Search4any), 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 Search4any 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 Search4any entity as may be
notified to You. In such case, You should neither visit any Website nor use any
services provided by Search4any entities nor shall contact any of Search4any
entities. Further, Search4any may not deliver products to You, upon Your order,
or Search4any 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 Search4any would
retain Your previous Personal Information in its records.
Grievance Officer
If you find any
discrepancies or have any grievances in relation to the collection, storage,
use, disclosure and transfer of Your Personal Information under this Privacy
Policy or any terms of Search4any's Terms of Use, Term of Sale and other terms
and conditions or polices of any Search4any entity, please contact the
following:
For Search4any
Services Pvt. Ltd:
Mr. Krishna Shah, the designated grievance officer under Information Technology
Act, 2000
E-mail: grievanceofficer@search4any.com.
The details of the
grievance officer may be changed by us from time to time by updating this
Privacy Policy.
Business / Assets Sale or Transfers
·
Search4any 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 Search4any 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 Search4anyl 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.
·
You are also under an
obligation to use this Website for reasonable and lawful purposes only, and
shall not indulge in any activity that is not envisaged through the Website.
Further Acknowledgements
·
Is clear and easily
accessible and provide statements of Search4any policies and practices with
respective to the Information;
·
The trademarks, logos
and service marks displayed on the Website ("Marks") are the
property of Search4any or their vendors or respective third parties. You are
not permitted to use the Marks without the prior consent of Search4any, the
vendor or the third party that may own the Marks.
·
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.