Last update: 14/06/2022
1. Introduction
This Privacy Policy (“Privacy Policy”) describes what information NOOSH, as owner of the Platform: www.noosh.co.in, may collect from a user (“You”, “Your” or “User”), on or through Our website (www.noosh.co.in) (the “Site”) directly the owner of the Platform are referred collectively as “We”/ “Us”/ “Our”) and how We use, process, disclose and try to protect such information.
You agree and understand that NOOSH is responsible for operation and maintenance of the Platform and all information collected and processed on the Platform is collected and processed by Us strictly in relation to Our business.
By using Our Platform, or the Services, You confirm that You have read, understood, and agree with the privacy practices described in this Privacy Policy, and other policies (the “NOOSH Policies”) and the collection, storage and processing of Your information in accordance with them.
This Privacy Policy is incorporated by reference into the NOOSH Policies. Any capitalized terms used but not defined in this Privacy Policy have the meaning given to them in the Terms of Service.
2. What is this Privacy Policy?
This Privacy Policy, together with the Terms of Service, describes NOOSH’s policies and procedures on the collection, use and disclosure of the information provided by Users and Visitors (as defined herein below) of the Platforms. NOOSH shall not use the User’s information in any manner except as provided under this Privacy Policy. Every User who accesses or uses the Platforms shall be bound by this Privacy Policy.
3. Why this Privacy Policy?
3.1. This Privacy Policy is published pursuant to:
3.1.1. Section 43A of the Information Technology Act, 2000 (“IT Act”);
3.1.2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
3.1.3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Guidelines”).
3.2. This Privacy Policy sets out the type of information collected from the Users, including the nature of the sensitive personal data or information, the purpose, means and modes of usage of such information and how and to whom NOOSH shall disclose such information.
4. General Terms:
4.1. By accessing or using the Platform or the Service, or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by
the Privacy Policy.
4.2. You hereby consent to Our collection, use, sharing, and disclosure of Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at Our sole discretion, at any time, and any continued use of the Website, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes; modifications made to the terms hereof.
4.3. If You are accessing or using Services on the Site from an overseas location, You do so at
Your own risk, and shall be solely liable for compliance with any applicable local laws.
4.4. If You do not agree with any of the terms and conditions of this Privacy Policy, please do not
proceed further to use this Site or any Services. This Privacy Policy is subject to change at
any time without notice. To make sure You are aware of any changes, please review this
policy on this Site periodically.
5. What information About You is collected on the Platform?
When You access the Site or use the Service(s), You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that We may collect:
5.1. Information You Give Us:
We receive and store any information You enter on Our Platform or provide Us in any other way. When You register/placing order on the Site, We collect registration details such as phone number, name, geographical address, age, sexual orientation, and email address.
We may also collect information required for providing You Services on the Platform including, items You place in the cart, etc. You can choose not to provide certain information, but then You may consequently not be able to take advantage of many of Our features. We may also collect payment information such as Your payment card number, expiration date, billing and shipping address and may retain such material for Our records for the duration of You availing the Services or for any such period required or permitted under applicable law. By using the Service, You consent to the recording, storage, and disclosure of such communications You send or receive for these purposes.
5.2. Information from Other Sources:
We might receive information about You such as order details, Your details shared with Our partners etc. from other sources including from Our partners, advertisers or third parties registered on the Platform and add it to Our account information.
5.3. Cookies and Other Tracking Technologies:
We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site. Some cookies and other technologies may serve to recall information previously indicated or submitted by a User. Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify You if You receive a cookie, or You may choose to block cookies with Your browser/mobile applications. Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Site is accessed. Our use of cookies and other
tracking technologies allows Us to improve Our Site and Your experience. At all times, You may refuse all cookies on Your browser by changing Your settings to the extent permissible on Your device. However, by doing so, You may not be able to
use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile’s “help” file or the browser.
5.4. Third party tools and software:
We use third party Software Development Kits (SDKs). Majority of them are different payment options by which You can make a payment for an order. In order to enhance Your personal and overall experience some of the tools are used therein.
5.5. Automatic Information:
We receive and store certain types of information whenever You interact with Us. For example, We obtain certain types of information when Your web browser accesses the Site or advertisements and other content served by or on behalf of www.noosh.co.in on other web sites. Click here (OS type and version, Device brand, browser and its version details, User agent) to see examples of the information We receive. We may also receive/store information about Your location and Your mobile device, including a unique identifier for Your device. We may use this information for internal analysis and to provide You with location-based services, such as advertising, search results, and other personalized content.
5.6. Other Data
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, place of residence and actual address, telephone number (work, mobile),social security (or other taxpayer identification) number,and other data. The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of
personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. You agree that You are providing all information, including SPDI to Us voluntarily. Collection, use and disclosure of personal information and SPDI requires Your express consent.
You are providing Us with Your consent to Our use, collection and disclosure of the personal information and SPDI. You may choose to not provide Us with personal information and SPDI, but in the event that You do so, We will be unable to provide You access to Our Site or deliver products or provide Services through Our Platform.
6. How do We use the information We collect?
6.1. We use information We collect, in a variety of ways in order to provide the Services on the Site and to operate Our business, including but not limited to the following:
a) To carry out Our obligations arising from Your requests for the products and Services on the Platform;
b) To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;
c) To process and deliver Your order with Us;
d) To enable Your access to Our Site to purchase products and provide You Services;
e) Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;
f) Research, growth and development of Our or Our group entities' business;
g) We use the information that You provide for such purposes such as responding to Your requests, customising Your orders, improving Our Platform or communicating with You
h) For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
i) To meet legal and regulatory requirements;
j) To conduct audits and quality assessment procedures;
k) To analyse the use of Our resources, troubleshooting problems and improving Our Products and Services, by using the information regarding Your mobile device and software.
l) Contacting users, both during and after an order, for updates, resolution of queries, order details, or offering new products or services;
m) To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms, or as otherwise required by law;
n) To enforce the Terms of Service;
o) To respond to any queries that You may have, and to communicate information to You, including notifications of any promotions or alerts, any changes/updates to the Site, or the introduction of any future fees or charges that We may collect at the time for purchasing products or provision of Our Services to You; or
p) To contact You, by way of SMS, email and phone calls, from time to time to record Your valuable feedback on Our products and Services, as they currently stand, and/or any potential products and services that may be offered in the future.
6.2. We may use “cookies” information and “automatically collected” information We collect on the Platform to:
a) personalize Our services, such as remembering Your information so that You will not have to re-enter it during Your visit or the next time You avail the Service;
b) provide customized advertisements, content, and information;
c) monitor and analyze the effectiveness of the Service and third-party marketing activities;
d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and
e) track Your entries, submissions, and status in any promotions or other activities on the Service.
f) Other reasons which, prior to being put into effect, shall be communicated to the Users through an update carried out to this Privacy Policy.
6.3. We may access or store Your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of the Platform or others.
6.4. We may use information regarding Your location or the location of Your device through which You access the Service for a number of purposes.
6.5. We may collect, analyze, use, publish, create and sell de-identified information, of which Your personal or sensitive personal information might be a component, for any business or other purpose not prohibited by applicable law, including for research and marketing purposes.
6.6. For the use of the Services and purchase of Products, you may be required to pay NOOSH with a credit card, wire-transfer, or debit card through NOOSH’s third party payment gateway provider and such third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from the Users’ by NOOSH’s third party payment gateway providers will be used only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of
authentication in which NOOSH shall have no role to play.
6.7. All Personal information, personally identifiable information and / or Financial Information shall be collected by NOOSH on an ongoing basis, without need for further, separate consent from the User (aside from the acceptance of this Privacy Policy).
7. Visitors Note
1. No personal information or Financial Information is automatically collected from any visitors of the Platforms who are merely perusing or browsing the Platforms (“Visitor”). Nevertheless, the provisions of this Privacy Policy are applicable to Visitors, and Visitors are required to read, understand and accept the privacy statements set out herein, failing which they are required to leave the Platforms immediately.
2. A User will not merely be a Visitor if the User has willingly submitted any personal information or Financial Information (including phone numbers, email addresses, responses to surveys, etc.) to NOOSH through any means, including email, telephone calls, telephonic messaging or while availing or signing-up for the Services. All such Visitors will be deemed
to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy shall apply to the User.
3. If you, as a Visitor, have inadvertently browsed any other pages of the Platforms prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting the Platforms should ordinarily clear all temporary cookies installed by NOOSH. All Visitors, however, are encouraged to
use the “clear cookies” functionality on their browsers to ensure such clearing or deletion, as NOOSH cannot guarantee, predict or provide for the behavior of the equipment of all the Visitors of the Platforms.
4. If you are accessing the Platforms from outside India, it is solely your responsibility to ensure that your access does not breach or violate any local or national law applicable in the place from where you are making the access, for the time being in force.
8. How Secure Is Information About Me?
8.1. We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including SPDI). Our security procedures may warrant that We may occasionally request proof of identity before We disclose personal information to You.
8.2. We work to protect the security of Your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input in addition to maintaining security of Your information as per the international standards on & "Information Technology Security Techniques Information Security Management System-Requirements".
8.3. We restrict access to personal information, to Our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.
8.4. No employee or administrator will have knowledge of Your password of Your account on the Site. It is important for You to protect Your account against unauthorized access to Your password and Your mobile phone, as detailed in the ‘User Account, Password and Security’ section of the Terms. You must be sure to log off from the Site when You have finished use thereof. We do not undertake any liability for any unauthorised use of Your account and
password.
8.5. If You suspect any unauthorized use of Your account, You must immediately notify Us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account or password.
8.6. Under certain circumstances, We shall not be able to take Your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.
8.7. Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable 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, poor quality of internet service or telephone service of the User, etc.
9. Your Rights
We take every reasonable step to ensure that your personal information that we process is accurate and, where necessary, kept up to date, and any of your personal information that we process that you inform us is inaccurate (having regard to the purposes for which they are processed) is erased or rectified. You may access, correct, and update your personal information directly through the functionalities provided on the website. You may delete certain non-mandatory information by logging into our website and visiting Profile and Settings sections. You can also write to us at the contact information provided below to assist you with these requests. You have an option to withdraw your consent that you have already provided by writing to us at the contact information provided below. Please mention “for withdrawal of consent” in the subject line of your communication. We will verify such requests before acting upon your request. Please note, however, that withdrawal of consent will not be retroactive and will be in accordance with the terms of this Privacy Policy, related Terms of Use and applicable laws. In the event you withdraw consent given to us under this Privacy Policy, such withdrawal may hamper your access to the Platform or restrict provision of our services to you for which we consider that information to be necessary.
10. Consent
By visiting our website or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information (including sensitive personal information) on the portal in accordance with this Privacy Policy. If you disclose to us any personal information relating to other people, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy. You, while providing your personal information over the website or or any partner platforms or establishments, consent to us (including our other corporate entities, affiliates, lending partners, technology partners, marketing channels, business partners and other third parties) to contact you through SMS, instant messaging apps, call and/or e- mail for the purposes specified in this Privacy Policy. You have an option to withdraw your consent that you have already provided by writing to the Grievance Officer at the contact information provided below. Please mention “Withdrawal of consent for processing personal information” in your subject line of your communication. We will verify such requests before acting on our request. Please note, however, that withdrawal of consent will not be retroactive and will be in accordance with the terms of this Privacy Policy, related terms of use and applicable laws. In the event you withdraw consent given to us under this Privacy Policy, we reserve the right to restrict or deny the provision of our services for which we consider such information to be necessary.
11. Advertisements
We use third-party advertising companies to serve ads when you visit our Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this Platform and other websites in order to provide advertisements about goods and services of interest to you.
12. Use of Children Information
Use of our Service is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. We do not knowingly solicit or collect personal information from children under the age of 18 years. If you have shared any personal information of children under the age of 18 years, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy. The legal guardian of any child utilsing the Services shall be bound by the Terms and Condition hereto. It is advisable therefore that the user or their guardian are aware of their child’s access to the Service.
13. Data Retention
We retain your personal information for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, we may retain data related to you if there is a legal obligation to retain the data; if required to comply with any applicable statutory or regulatory retention requirement by law; if we believe it may be necessary to prevent fraud or future abuse; to enable NOOSH to exercise its legal rights and/or defend against legal claims; or for other legitimate purposes. We may continue to retain your data in anonymised form for analytical and
research purposes.
14. Changes to this Privacy Policy
Please check our Privacy Policy periodically for changes. We may update this Privacy Policy to reflect changes to our information practices. We will alert you to significant changes by posting the date our Privacy Policy got last updated, placing a notice on our Platform, or by sending you an email when we are required to do so by applicable law.
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