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Privacy Policy

Introduction

M/s Choices Prosperity Solutions India Private Limited (“Company”, “We”, “Us” and “Our”) respect the privacy of its users accessing its website at www.destamart.com (“Website”). For the purposes of this User Agreement, the term “User(s)” and wherever the context so requires “You”, “Your”, “Yourself” shall mean any natural or legal person who accesses or uses the Website and in the event that a natural person is representing a business entity, reference to such terms shall include a reference to the business entity.

Please note that those capitalized terms not defined herein, shall have the same meaning ascribed to them in the Terms of Use applicable to the Website.

The Company has adopted this privacy policy (“Privacy Policy”) to inform You of what information We collect from You through the Website, how We collect the information, how We may use it and the steps We take to protect it. Capitalized terms not defined herein shall have the meaning ascribed to them in the User Agreement

By using the Website, You unconditionally agree to the terms and conditions of this Privacy Policy and consent to usage, storage and handling of the information submitted by You in accordance with the terms contained hereunder. If You do not agree with the terms and conditions of this Privacy Policy, please do not proceed further to use this Website.

User Information

The Company collects User Information when You successfully submit information while creating Your Account. User Information is the data that can be used to uniquely identify or contact a person and/or the business entity that a person represents and shall include, but not be limited to, information regarding Your name, name of the business entity that You represent, address and telephone number of the business entity, Your e-mail address, licenses, password, details of dealers, name of Krishi Kendra, manufacturers and companies, banking details, [information associated to Your social networking platform] and such other information required for the purposes of Your identification and verification. (“User Information”) When You submit User Information on the Website, it shall be deemed that You have granted Us the right to collect, store, process, handle and use such User Information, in accordance with this Privacy Policy (as amended from time to time).

As part of the Services, you may upload and share your location, messages, contact details or other information about you, which shall form part of the User Information belonging to you. You understand that your chats, messages, communication with other Users through the Website, are securely stored on our servers and the same are subject to the terms and conditions of this Privacy Policy. We shall not be held responsible for the use of such User Information, voluntarily disclosed by you, through the Website. We may collect User Information in form of details and documents you post in certain space created for blogs, User reviews etc. on the Website, which is in public domain. This may include the messages you send to us, and correspondence we receive from other user or third parties about your activities or postings on our Website.

You may visit the Website and browse the Website without having to provide User Information, it being understood that certain content on the Website shall not be available for viewing, without You providing us with Your User Information. Where possible, We indicate which fields are mandatory and which fields are optional to be filled on the Website. You always have the option not to provide information by choosing not to submit particular information or feature on the Website. During Your visit to the Website You remain anonymous and at no time can We identify You unless You submit User Information on the Website. The Company collects only such User Information that the Company believes to be relevant for the purpose of identification and verification and is required to understand You or Your interests. It is clarified that We shall not be liable, for any reason whatsoever, for the authenticity of any User Information provided by You to Us. You hereby confirm that the User Information provided by You is and shall continue to be valid, true and accurate to the best of Your knowledge.

Applicable Law

This Privacy Policy is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect personal User Information; other relevant laws, and the Company policies.

Collection of information

To enhance Your use of the Website, certain information may be collected each time You visit the Website which are saved in server logs. It is clarified that these encrypted statistics help Us in improving the efficiency of the Website by giving Us information relating to Your use of the Website. Such information may include without limitation, details of the server from where the Website is being accessed, the browser and operating system used to browse the Website, details of Your last visit to the Website, including time, date and the duration of Your session on the Website. This information is used by the Company to understand the number of users visiting the Website and gather broad demographic information for aggregate use of the Website. While collecting such information, Your anonymity is maintained at all times and at no time can We can identity You personally, unless You submit the User Information on the Website or through the e-mail feature. The Company reserves the right to share such general information to any person or entity, at its discretion.

You acknowledge that apart from Your User Information, if You upload or exchange any content including comments on the Website, such content may contain information including User Information and the same may be available to the other Users of the Website. The Company will not be liable for the disclosure and dissemination of such information on the Website.

Cookies

Like most other websites We use data collection devices known as cookies to collect and store information of Users visiting the Website. A cookie is a small amount of data that is sent to a User's browser from a web server and is eventually stored on a User's computer hard drive. Cookies are a reliable mechanism for websites to remember the activities of the User on the Website and helps in improving Your experience on the Website. This anonymous information is maintained distinctly and is not linked to the User Information You submit to the Company. The option of accepting cookies is up to You, however certain features of the Website including certain content may not be accessible to You, without accepting cookies.

To browse anonymously, You may set your browser to disable cookies or delete cookies. Most cookies are session cookies that are automatically deleted from Your hard drive when You close the browser. Additionally, You may encounter cookies or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties and shall not be liable for any reason whatsoever for these third- party cookies.

Use of User Information

User Information provided by You is used by Us only to provide information that You request which shall include the following:

  1. verifying Your identity;
  2. facilitating Your use of the Website;
  3. facilitating successful sale and purchase of the Products and the Services from the Website;
  4. responding to Your queries or complaints or to fulfil Your requests for information about the services and solutions that We offer and the process relating to the same;
  5. providing You with information about the Company and to send You information, materials, and offers from the Company;
  6. sending You important information regarding the Website;
  7. sending You surveys and marketing communications that the Company believes may be of interest to You;
  8. personalizing Your experience on the Website;
  9. helping You address trouble- shooting problems;
  10. providing You with related customer service;
  11. conducting internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
  12. sharing such information with third parties that We consider may have goods or services that are of interest to You;
  13. improving the content on the Website;
  14. protecting the integrity of the Website; and
  15. to respond to 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.

Sharing of User Information

User Information may be shared with such third parties as are required for: (a) the purposes of providing You with the services on the Website and may be subject to the practices of such third parties; or (b) facilitating the listing of the Products and/or purchase of the Services on the Website by You, to grow Our business which may include our affiliates, strategic partners, investors, suppliers, and service providers as the case maybe. The User Information may be saved in servers inside or outside India, at Our sole discretion.

Except as provided in paragraph above, We shall disclose the User Information only in circumstances where:

  1. The User has provided express instructions or consent towards such disclosure.
  2. We in good faith believe that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental or regulatory request; (b) enforce the applicable User Agreement or Privacy Policy; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) facilitate the purchase/sale of the Products and Services; or (e) protect against imminent harm to the rights, property or safety of the Company, its Users or the public as required or permitted by law; or
  3. The User Information that We collect may also be transferred as an asset in connection with a merger or sale (including any transfers made as a part of an insolvency or bankruptcy proceeding) involving all or part of the Company or as part of a corporate reorganization, stock sale or change of control.

Data Retention

We will retain Your User Information for as long as Your account is active or till the time We are required to provide You the Services. We may retain and use Your User Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, We will try to delete your User Information, upon reasonable request. We may also need to retain certain data for recordkeeping purposes, and there may also be residual information that will remain in our databases and other records, which will not be removed. Please note, however, that there might be latency in deleting the User Information from our servers and backed-up versions. In addition, We do not delete from our server’s files that you have in common with other users.

Security Precautions

To prevent any form of unlawful interception or misuse of User Information, We use reasonable physical, electronic, and managerial procedures to safeguard and secure the User Information collected. We use reasonable secure and technologically appropriate measures, in compliance with the Information Technology Act, 2000 and the rules related thereto to protect You against loss or misuse of Your User Information including internal reviews of data collection, storage and processing practices and other reasonable security measures which are equivalent to security measures that the Company uses to protect its own confidential information. We have in place a secure server for all Your transactions on the Website, which, if required to be accessed, are accessible only by the authorized personnel of the Company. However as You are aware, no internet site is completely free of security risks and We do not make any representation in respect of the same. We shall not be liable, in case of any security breach of Your User Information and You shall not have any claims against Us in this regard.

We do not warrant that Our Website or any electronic communication made by Us is free from virus or other harmful effects. In the event of any errors in transmission or due to an act of a third party, We shall have no liability. You explicitly agree that Your use of the Website and/or services is at Your own individual risk. You agree and confirm that Your User Information may be transferred, processed and stored across National and International borders. You hereby confirm that You have been made aware of the security measures undertaken by Us and You expressly consent to Us storing, handling, using Your User Information.

Interaction Between You and the Company

We are interested in Your views, and we value the Feedback (defined below) we receive from You, we therefore have set up blogs and chat rooms for providing better Services and to receive Your feedbacks. However, we do not have control or are responsible for any such Feedback or the User Information which You make available through these chat rooms or the Website. We encourage You to be careful about what User Information You disclose in this way.

Subject to any applicable law, any communication sent by You through the Website or through the feedback form, or otherwise on the Website to us (including without limitation contents, images, audio, feedback etc. collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. You agree You will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract) and You hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of You as the source of the Feedback.

In the event, You participate in any interactive features of the Website, participate in a survey, contest, promotion, activity or event through third party social media sites or otherwise communicate with us, we collect the data You submit for such participation, which may also include User Information. We would use such data, as per the terms of this Privacy Policy.

Advertisement

We allow third party websites to advertise on the Website, from time to time and serve advertisements to You. Such companies may use Your Information (excluding Your name, address, contact number and e-mail address) to display advertisements to You of services or products which may be of interest to You.

Accessing and Modifying User Information

In case You need to access, remove, review, and/or make changes to the User Information that You have provided to us, You may do so by login into your User Account. You may change Your contact information, photos, status messages your name etc. however, Your sensitive information like license details etc. can be altered, modified or change only after intimating the administrator. You understand that the Company shall not verify or authenticate the changes made to the User Information made by you and therefore you take entire responsibility of such changes. You confirm that such changes shall be in accordance with the terms and conditions of this Privacy Policy. If You register or respond to advertisements or posts on the Website or post any content on the Website, we may send You certain notifications, advertisements, promotions, surveys and specials. We may also send You any legally required notifications and certain notifications, including but not limited to, Service related notices or notices regarding a change to any of our policies. For example, we may send You a notice regarding server problems or scheduled maintenance to the Website. In order to opt-out of receiving these notices, You may do so through the Website. You can opt out of certain e-mail communications from us, if any, advice on networking on the Website, notifications that other users of the Website, has commented on Your posting, and notifications that You can refresh your posting.

Links to other third party sites

The Website may provide third party information and links to other websites that are not affiliates of or operated or controlled by the Company including but not limited to payment gateways or social networking websites. The Company is not responsible for any form of transmission, whatsoever, received by You from any third party website and accordingly does not make any representations concerning the privacy practices or other policies of such third party websites. Under no circumstances shall the Company be deemed to control or guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, cookies, messages or other materials available on such websites. Any User Information provided by You to such third party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that You review the privacy policy of such websites prior to using such websites.

Change in Privacy Policy

We reserve the right to update, modify and amend any of the terms of Our Privacy Policy, at any time without prior intimation to You. We will post these changes on Our Website for Your information. These changes will become effective immediately on posting. We shall not be liable for any failure or negligence on Your part to review the updated Privacy Policy before accessing or availing the Website for availing the services. Your continued use of the Website, following changes to the Privacy Policy, will constitute Your acceptance of those changes. This Privacy policy was last updated on 10th Aug, 2018.

Intellectual Property rights

All content on Our Website, including graphics, text, icons, interfaces, audio clips, logos, images, reviews, comments and software is the property of the Company and/or its content suppliers and is protected by Indian and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website can only be made with the express permission of the Company. All other trademarks, brands and copyrights other than those belonging to the Company, belong to their respective owners and are their property.

All content on Our Website, including graphics, text, icons, interfaces, audio clips, logos, images, reviews, comments and software is the property of the Company and/or its content suppliers and is protected by Indian and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website can only be made with the express permission of the Company. All other trademarks, brands and copyrights other than those belonging to the Company, belong to their respective owners and are their property.

Indemnification

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) User Information and contents that You submit or share on the Website and for the Services (ii) Your violation of any rights of any other person in connection with the Website.

Limitation of Liability

The Company will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of Your User Information and for use of or inability to use the Services of any kind that is offered or to provide indemnity or any other remedy to You or any third party.

Force Majeure

Notwithstanding anything contained in this Privacy Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of Your User Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Company 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, technical snags, unauthorized access to computer data and storage device, technical snags and breach of security and encryption.

Disclosures Required By Law

The Company reserves the right to disclose information when required by law. We will disclose such information wherein, We have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on Us or to exercise Our legal rights or defend against legal claims.

Choice of Law and Jurisdiction:

This Privacy Policy is governed by and construed according to the laws of India, and the courts in Mumbai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning this Privacy Policy or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.

Contacting the Website

If You have any questions about (i) this Privacy Policy; (ii) practices of this Website, or (iii) Your dealings with this Website or believe that We have not adhered to it, You may contact [info@destamart.com].

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