We, M/S. NIYATHI
incorporated under the Companies Act, 2013, having its registered office at “16-4-318/2,
Vaslane, 1st Cross, Highland, Near Unity Hospital, Kankanady, Mangalore,
Dakshina Kannada, Karnataka, 575002”, represented
by its members, hereinafter referred to as the “Company” (where such expression shall unless repugnant to the
context thereof, be deemed to include its respective legal heirs,
representatives, administrators, permitted successors and assigns). The creator
of this Privacy Policy ensures steady commitment to your privacy with regard to
the protection of your invaluable information.
This
privacy policy contains information about the domain www.designsbyniyathi.com (hereinafter collectively referred to as
the “Platform”).
In order
to provide you with our uninterrupted use of services, we may collect and, in
some circumstances, disclose information about you with your permission. To
ensure better protection of your privacy, we provide this notice explaining our
information collection and disclosure policies, and the choices you make about
the way your information is collected and used.
This
Privacy Policy shall follow the General Data Protection Regulation (GDPR) in
effect from 25th March, 2018 and any and all provisions that may read to the
contrary shall be deemed to be void and unenforceable as of that date. If you
do not agree with the terms and conditions of our Privacy Policy, including in
relation to the manner of collection or use of your information, please do not
use or access the Site. If you have any questions or concerns regarding this
Privacy Policy, you should contact our Customer Support Desk at info.niyathi@gmail.com.
ANY
CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER
THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF
ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE
CUSTOMER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO
INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
1. DEFINITIONS:
a.
“We”, “Our”, and “Us” shall mean and refer to the Platform
and/or the Company, as the context so requires.
b.
“You”, “Your”, “Yourself”, “Customer” shall mean and refer
to natural and legal individuals who use the Platform and who is competent to
enter into binding contracts, as per Indian laws.
c.
“Customers” shall refer to those wishing to avail services
provided by the Platform.
d.
“Sellers” shall refer
to those entities partnered with our Company in order to sell
products/commodities.
e.
“Services” refer to
providing a Platform for Customers to avail online shopping experience of
buying Silver Jewelry.
f.
“Third Parties” refer to any Application, company or
individual apart from the Customer and the creator of this Platform.
g.
The term “Platform” provides the Customer easy access to
online shopping from partner stores and offline shopping recommendations
h.
“Personal
Information” shall mean and refer to any personally identifiable information
that we may collect from you such as Name, Location, Email Id, Mobile number.
2. INFORMATION WE COLLECT
We are committed to respecting your
online privacy. We further recognize your need for appropriate protection and
management of any Personal Information You share with us. We may collect the
following information:
a. Personal information such as Full
Name, Company Name (optional), Billing and Shipping Address, Phone, Email ID. We
also collect information about your use of our service and your viewing hours.
b. Tracking Information such as, but
not limited to the IP address of your device and Device ID when connected to
the Internet. This information may include the URL that you just came from
(whether this URL is on the Platform or not), which URL you next go to (whether
this URL is on the Platform or not), your computer or device browser information,
and other information associated with your interaction with the Website.
c. Details of Website usage for analytics.
This
privacy policy also applies to data we collect from Customers who are not
registered as members of this site, including, but not limited to, browsing
behavior, pages viewed etc. We also collect, and store the personal information
provided by you from time to time on the Site. We only collect and use such
information from you that we consider necessary for achieving a seamless,
efficient and safe experience, customized to your needs including:
a. To enable the provision of services
opted for by You;
b. To communicate necessary account and
service related information from time to time;
c. To allow You to receive quality
customer care services and Data Collection;
d. To provide, analyze, administer,
enhance and personalize Our services and marketing efforts, to process Your
registration, Your orders and Your payments, and to communicate with You on
these and other topics.
e. To comply with applicable laws,
rules and regulations;
Where
any service requested by you involves a third party, such information as is
reasonably necessary by the Company to carry out your service request may be
shared with such third party. We also do use your contact information to send
you offers based on your interests and prior activity. The Company may also use
the contact information internally to direct its efforts for service
improvement but shall immediately delete all such information upon withdrawal
of your consent for the same through the ‘unsubscribe’
button or through an email to be sent to info.niyathi@gmail.com.
You
may from time to time choose to provide payment related financial information
(credit card, debit card, bank account details, billing address etc.) on the
platform. We are committed to keeping all such sensitive data/information safe
at all times and ensure that such data/information is only transacted over
secure Site of approved payment gateways which are digitally encrypted and
provide the highest possible degree of care available under the technology
presently in use. We shall collect and store all such information in our
internal Company servers for a finite period of time, as long as you are a
Customer of the platform and shall immediately delete all such information upon
expiry of your Customer ship. We shall also delete all aforementioned
communication upon withdrawal of Customer ship of any single Party to the
communication.
The
Company will not use your financial information for any purpose other than to
complete a transaction with you. To the extent possible, we provide you the
option of not divulging any specific information that you wish for us not to
collect, store or use. You may also choose not to use a particular service or
feature on the Site and opt out of any non-essential communications from the
platform.
Further,
transacting over the internet has inherent risks which can only be avoided by
you following security practices yourself, such as not revealing account/login
related information to any other person and informing our customer care team
about any suspicious activity or where your account has/may have been
compromised.
At
every stage prior to, during or after information collection, you have the
right to access all personally identifiable information provided, rectify or
alter all personally identifiable information provided, restrict the level of
information to be retained as per your sole discretion and object to the
retention, use and potential disclosure of the personally identifiable
information.
3. OUR
USE OF YOUR INFORMATION
The
information provided by you shall be used to provide and improve the service
for you and all Customers.
- For maintaining internal record.
- For providing the Services.
- For enhancing the Services
provided.
For more details about the nature of
such communications, please refer to our Terms of Service. Further, your
personal data and Sensitive Personal data may be collected and stored by us for
internal record.
We use your tracking information
such as IP addresses, and or Device ID to help identify you and to gather broad
demographic information and make further services available to you.
We use information to provide
analyze, administer, enhance and personalize our service and to process your
registration process, Your Orders and Payments etc;
We will not sell, license or trade your
personal information. We will not share your personal information with others
unless they are acting under our instructions or we are required to do so by
law.
Information collected via Our server
logs includes Customers’ IP addresses and the pages visited; this will be used
to manage the web system and troubleshoot problems. We also use third-party
analytics, tracking, optimization and targeting tools to understand how
Customers engage with our Platform so that we can improve it and cater
personalized content/ads according to their preferences.
4. HOW INFORMATION IS COLLECTED
Before
or at the time of collecting personal information, we will identify the
purposes for which information is being collected. If the same is not
identified to you, you have the right to request the Company to elucidate the
purpose of collection of said personal information, pending fulfillment of
which you shall not be mandated to disclose any information whatsoever.
We
will collect and use your personal information solely with the objective of
fulfilling those purposes specified by us, within the scope of consent of the
individual concerned or as required by law. We will only retain personal
information as long as necessary for the fulfillment of those purposes. We will
collect personal information by lawful and fair means and with the knowledge
and consent of the individual concerned.
Personal
data should be relevant to the purposes for which it is to be used, and, to the
extent necessary for those purposes, should be accurate, complete, and
up-to-date.
7.
EXTERNAL LINKS ON THE WEBSITE
The
Website may include advertisements, hyperlinks to other websites, applications,
content or resources. We have no control over any websites or resources which
are provided by companies or persons other than us. You acknowledge and agree
that we are not responsible for the availability of any such external sites or
resources, and do not endorse any advertising, services/products or other
materials on or available from such platform or resources. You acknowledge and
agree that We are not liable for any loss or damage which may be incurred by
you as a result of the availability of those external sites or resources, or as
a result of any reliance placed by you on the completeness, accuracy or
existence of any advertising, products or other materials on, or available from
such websites or resources. These external websites and resource providers may
have their own privacy policies governing the collection, storage, retention
and disclosure of Your Personal Information that You may be subject to. We
recommend that you enter the external Website and review their privacy policy.
8.
YOUR RIGHTS
We
are providing a service that collects survey responses on behalf of survey
Creators. If you have any questions about the survey, or if you want access,
update or delete anything in your survey responses, please contact the Company
directly.
Unless
subject to an exemption, you have the following rights with respect to your
personal data:
a. The right to request a copy of your
personal data which we hold about you;
b. The right to request for any
correction to any personal data if it is found to be inaccurate or out of date;
c. The right to withdraw Your consent
to the processing at any time;
d. The right to object to the
processing of personal data;
e. The right to lodge a complaint with
a supervisory authority.
f. The right to obtain information as
to whether personal data are transferred to a third country or to an
international organization.
Where you hold an account with any
of our service, you are entitled to a copy of all personal data which we hold
in relation to you. You are also entitled to request that we restrict how we
use your data in your account when you log in.
9.
CONFIDENTIALITY
You
further acknowledge that the Platform may contain information which is designated
confidential by us and that you shall not disclose such information without our
prior written consent. Your information is regarded as confidential and
therefore will not be divulged to any third party, unless legally required to
do so to the appropriate authorities. We will not sell, share, or rent your
personal information to any third party or use your email address for
unsolicited mail. Any emails sent by us will only be in connection with the
provision of agreed services, and you retain sole discretion to seek for
discontinuation of such communications at any point of time.
10. OTHER INFORMATION COLLECTORS
Except
as otherwise expressly included in this Privacy Policy, this document only
addresses the use and disclosure of information we collect from you. To the
extent that you disclose your information to other parties, whether they are on
our Platform or on other sites throughout the Internet, different rules may
apply to their use or disclosure of the information you disclose to them. To
the extent that we use third party advertisers, they adhere to their own
privacy policies. Since we do not control the privacy policies of third
parties, you are subject to ask questions before you disclose your personal
information to others.
11. OUR DISCLOSURE OF YOUR
INFORMATION
We
may host surveys for survey creators for our platform who are the owners and
Customers of your survey responses. We do not own or sell your responses.
Anything you expressly disclose in your responses will be disclosed to survey
creators. Please contact the survey creator directly to better understand how
they might share you survey responses.
As
a matter of policy, we do not sell or rent any personally identifiable
information about you to any third party. However, the following describes some
of the ways that your personally identifiable information may be disclosed:
a. External Service Providers: There
may be a number of services offered by external service providers that help you
use Our Platform. If you choose to use these optional services, and in the
course of doing so, disclose information to the external service providers,
and/or grant them permission to collect information about You, then their use
of Your information is governed by their privacy policy.
b. Law and Order: We cooperate with law
enforcement inquiries, as well as other third parties to enforce laws, such as:
intellectual property rights, fraud and other rights. We can (and you authorize
us to) disclose any information about you to law enforcement and other
government officials as we, in our sole discretion, believe necessary or
appropriate, in connection with an investigation of fraud, intellectual
property infringements, or other activity that is illegal or may expose us or
you to legal liability.
12. ACCESSING,
REVIEWING AND CHANGING YOUR PROFILE
Following
registration, you can review and change the information you submitted at the
stage of registration, except Email ID and mobile number. An option for
facilitating such change shall be present on the Platform and such change shall
be facilitated by the Customer. If you change any information, we may or may
not keep track of your old information. We will not retain in our files
information you have requested to remove for certain circumstances, such as to
resolve disputes, troubleshoot problems and enforce our terms and conditions.
Such prior information shall be completely removed from our databases,
including stored ‘back up’ systems. If you believe that any information we are
holding on you is incorrect or incomplete, or to remove your profile so that
others cannot view it, the Customer needs to remediate, and promptly correct
any such incorrect information.
13. CONTROL OF YOUR
PASSWORD
When
you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your
password. It is important that you protect it against unauthorized access of
your account and information by choosing your password carefully and keeping
your password and computer secure by signing out after using our services.
You
agree not to use the account, Customer name, email address or password of
another Member at any time or to disclose your password to any third party. You
are responsible for all actions taken with your login information and password,
including fees. If you lose control of your password, you may lose substantial
control over your personally identifiable information and may be subject to
legally binding actions taken on your behalf. Therefore, if your password has
been compromised for any reason, you should immediately change your password.
You agree to notify us immediately if you suspect any consistent unauthorized
use of your account or access to your password even after changing it.
14. SECURITY
We
treat data as an asset that must be protected against loss and unauthorized
access. We employ many different security techniques to protect such data from
unauthorized access by members inside and outside the Company. We follow
generally accepted industry standards to protect the Personal Information
submitted to us and information that we have accessed.
However,
as effective as encryption technology is, no security system is impenetrable.
Our Company cannot guarantee the security of our database, nor can we guarantee
that information you provide won’t be intercepted while being transmitted to
the Company over the Internet.
15. SEVERABILITY
Each
paragraph of this Privacy Policy shall be and remain separate from and
independent of and severable from all and any other paragraphs herein except
where otherwise expressly indicated or indicated by the context of the agreement.
The decision or declaration that one or more of the paragraphs are null and
void shall have no effect on the remaining paragraphs of this privacy policy.
16. AMENDMENT
Our
Privacy Policy may change from time to time. The most current version of the
policy will govern our use of your information and will always be at the
Platform. Any amendments to this Policy shall be deemed as accepted by the
Customer on their continued use of the Platform.
17. CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL
REQUESTS
To
withdraw your consent, or to request the download or delete your data with us
for any or all our products & services at any time, please email to info.niyathi@gmail.com
from your registered email address number.
18. CONTACT US
If
you have any questions or concerns regarding this privacy policy, you should
contact us by sending an email to please email to info.niyathi@gmail.com
Information
provided in the website may not be 100% accurate and may be provided for
promotional purposes of the business