Last updated on 11th December, 2020
THE SWADHEEN and its subsidiaries and affiliates and Associate Companies and includes the brand “Rihaa” (individually and/ or collectively, " SWADHEEN ") is/are concerned about the privacy of the data and information of users (buyers/customers/browsers whether registered or non- registered) accessing, or purchasing products or services on SWADHEEN's websites, mobile sites or mobile applications ("Website") on the Website and otherwise doing business with SWADHEEN . "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 SWADHEEN and the terms "You" / "Your" / "Yourself" refer to the users.
1. Information collected and storage of such Information:
The Information (which shall also include data) provided by You to SWADHEEN or collected from You by SWADHEEN may consist of "Personal Information" and "Non-Personal Information".
1.1 Personal Information
- 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),
- Internet Protocol address,
- Identification code of your communication device which You use to access the Website or otherwise deal with any SWADHEEN entity,
- Any other Information that You provide during Your registration process, if any, on the Website.
- NO 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 shall be collected;
Such Personal Information may be collected in various ways including during the course of Your interaction with SWADHEEN’s Website and includes the following:
- Registering as a user on the Website,
- Availing certain services offered on the Website. Such instances include but are not limited to making an online purchase, participating in any online survey or contest, communicating with SWADHEEN 's customer service by phone, email or otherwise or posting user reviews on the Content available on the Website, or
- Otherwise doing business on the Website or otherwise dealing with any SWADHEEN entity.
1.2 Non-Personal Information
SWADHEEN 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 SWADHEEN 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,
Ads: SWADHEEN may use third-party service providers to serve ads on SWADHEEN'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.
You hereby represent to SWADHEEN that:
i The Information You provide to SWADHEEN 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 SWADHEEN .
ii Your providing the Information to SWADHEEN and SWADHEEN'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.
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.
2. Collection, Use and Processing of Your Information
SWADHEEN 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 SWADHEEN entities and shall include the following:
2.1 To facilitate Your use of the Website or other services of SWADHEEN entities;
2.2 To respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
2.3 To provide You with information about products and services available on the Website and to send You information, materials, and offers from SWADHEEN;
2.4 To send You important information regarding the Website, and administrative information;
2.5 To send You surveys and marketing communications that SWADHEEN believes may be of interest to You;
2.6 To personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
2.7 To help You address Your issues encountered on the Website including addressing any technical issues;
2.8 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 as well as share the details with the Payment Gateway;
2.9 For proper administration of the Website;
2.10 To conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
2.11 To improve the services, content and advertising on the Website;
2.12 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;
2.13 To facilitate various programmes and initiatives launched by SWADHEEN or third party service providers and business associates;
2.14 To analyze how Our services are used, to measure the effectiveness of advertisements, and to facilitate payments;
2.15 To conduct academic research and surveys
2.16 to protect the integrity of the Website;
2.17 To respond to legal, judicial, quasi-judicial processes and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
2.18 To conduct analytical studies on various aspects including user behaviour, user preferences etc…;
2.19 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;
2.20 To implement information security practices;
2.21 To determine any security breaches, computer contaminant or computer virus;
2.22 To investigate, prevent, or take action regarding illegal activities and suspected fraud,
2.23 To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
2.24 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 SWADHEEN ;
2.25 To enable a potential buyer or investor to evaluate the business of SWADHEEN.
[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 SWADHEEN entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
3. Sharing and disclosure of Your Information
3.1 You hereby unconditionally agree and permit that SWADHEEN may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various SWADHEEN 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.
3.2 SWADHEEN 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 SWADHEEN , 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. Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards, payment wallet etc. to enable You to make payments for buying products or availing services on SWADHEEN via an online purchase. 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. You are required to review the third party policies for any further clarifications in this regard.
3.3 SWADHEEN may also share Personal Information if SWADHEEN 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.
3.4 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.
3.5 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.
3.6 You further agree that sharing of any of Your Personal Information and Non-Personal Information for facilitating purchases through a Payment Gateway is necessary, and any breach of security or leak thereof shall not be the responsibility of SWADHEEN and SWADHEEN shall not be held responsible for the same.
4. Links to third party websites
4.1 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, SWADHEEN unless expressly specified on the Website.
5. Security & Retention
5.1 The security of your Personal Information is important to us. SWADHEEN 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, SWADHEEN adopts commercially reasonable electronic, physical and procedural controls which may include 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 SWADHEEN stores Your Personal Information. Each of the SWADHEEN entities shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. You hereby waive and release all SWADHEEN entities from any claim of damages under contract or under tort.
5.2 At present SWADHEEN does not store your credit card information, and all online purchasing is undertaken under the sole liability and responsibility of the payment gateway.
5.3 SWADHEEN 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, SWADHEEN is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. SWADHEEN 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).
5.4 Notwithstanding anything contained in this Policy or elsewhere, SWADHEEN 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. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of SWADHEEN 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 SWADHEEN), power or electricity failure or unavailability of adequate power or electricity.
5.5 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.
5.7 You agree that all Personal Information shall be retained till such time required as required by SWADHEEN. Non-Personal Information will be retained indefinitely.
5.8 All data is stored within servers present in the Republic of India and/or cloud servers. You give your explicit permission for your data to be stored on these servers, notwithstanding the law prevalent in the country wherein You are located.
6. User discretion and opt out
6.1 You agree and acknowledge that You are providing your Information out of your free will. In such case You do not wish to do so, You should neither visit any Website nor use any services provided by SWADHEEN entities nor shall contact any of SWADHEEN entities. Further, SWADHEEN may deny you access from using certain services offered on the Website.
6.2 You can add or update Your Personal Information on regular basis. Kindly note that SWADHEEN would retain Your previous Personal Information in its records.
7. Business / Assets Sale or Transfers
7.1 SWADHEEN 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. Any third party to which any SWADHEEN 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.
7.2 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.
8. Further Acknowledgements
That You acknowledge that:
8.1 The present document is clear and easily accessible and provides statements of SWADHEEN policies and practices with respective to the Information;
8.2 The content displayed on the Website (“Content”), trademarks, logos and service marks displayed on the Website ("Marks") are the property of SWADHEEN or their vendors or respective third parties. You are not permitted to use the Contents and/or the Marks without the prior consent of SWADHEEN, the vendor or the third party that may own the Content and/or the Marks.
8.3 The present document provides for the various types of personal or sensitive personal data of information to be collected;
8.4 The present document provides for the purposes of collection and usage of the Information;
8.5 The present document provides for disclosure of Information; and
8.6 The present document provides for reasonable security practices and procedures.
9.1 EU General Data Protection Regulation (GDPR)
The processing of your data is either based on your consent or in case the processing is necessary for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract, cf. GDPR art. 6(1)(a)-(b).
If the processing is based on your consent, you may at any time withdraw your consent by contacting us using the contact information in clause 1.
In order to enter into a contract regarding the purchase of SWADHEEN’s Service/Goods, you must provide us with the required personal data. If you do not to provide us with all the required information, it will not be possible to deliver the Service/Goods.
9.2 California Online Privacy Protection Act Compliance
Because SWADHEEN values your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute any personal information to outside parties without your consent except as stated in clause 2 and 3.
As part of the California Online Privacy Protection Act, all users of our website may make any changes to their information at any time by logging into their account and navigating to the “profile page”.
9.3 Children’s Online Privacy Protection Act Compliance
SWADHEEN is in compliance with the requirements of the Children’s Online Privacy Protection Act. We will not intentionally collect any information from anyone under 13 years of age. Our website, products and services are all directed at people who are at least 13 years old or older.
9.4 Information and Technology Act, 2000 alongwith relevant Directives
SWADHEEN is compliant with all privacy directives as under the Information and Technology Act, 2000 alongwith the Reasonable security practices and procedures