THE NINJACART PLATFORM PRIVACY POLICY
1. What
is the Ninjacart Platform?
63Ideas Infolabs Private Limited,
a company incorporated under the laws of India, having its registered office at
Vaishnavi Signature Ninth Floor 78/9 Outer Ring Road, Bellandur Village,
Varthur Hobli Bengaluru – 560103, Karnataka - India (“Company”) has, as
a part of it objective, created a mobile application [and website] “Ninjacart”
(“Ninjacart Platform”) that facilitates it users registered on the
Ninjacart Platform, to buy fresh fruits and vegetables across cities in India
(“Services”).
2. What
is this Privacy Policy?
This privacy policy (the “Privacy
Policy”) describes how and why the Ninjacart Platform collects, uses and
discloses the information provided by the users. All users shall be bound by
this Privacy Policy and the Ninjacart Platform shall not use any information
supplied by customers except in accordance with this Privacy Policy. In order
to use and access the Ninjacart Platform, it is necessary for the users to agree
to and accept the terms and conditions provided for under this Privacy Policy
along with the terms of use. The users who do not agree with the terms set out
in this Privacy Policy and the terms of use are advised to refrain from
accepting them and are advised to refrain from using any Services. The users’
visit to and/or use of the Ninjacart Platform and any dispute over privacy is
subject to this Privacy Policy and the terms of use.
3. Why
does the Ninjacart Platform have this Privacy Policy?
This Privacy Policy is
published pursuant to:
a. Section 43A of the Information
Technology Act, 2000;
b. Regulation 4 of the Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Data or Information) Rules, 2011 (“SPDI
Rules”); and
c. Regulation 3(1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011.
In this Privacy
Policy, the Company will disclose what kind of information is collected from
the customers. It will also specify why the Ninjacart Platform collects this
information, the modes and means by which it will be used, and the entities or
persons who will have access to this information.
4. What is Sensitive Personal
Data or Information?
a. Passwords;
b. Financial information such as bank
accounts, credit and debit card details or other payment instrument
details (“Financial Information”);
c. Physical, physiological and mental
health condition;
d. Sexual orientation;
e. Medical records and history;
f. Biometric information; and
g. Information received by body corporates under lawful contract or otherwise.
It is important to
note that information that is freely available in the public domain, or
accessible under the Right to Information Act, 2005, or any other law will not
be considered Personal Information, or as Personally Identifiable Information.
5. What personal information do we collect from the people that
visit our app?
§ Financial Information:
In the
course of transacting on the Ninjacart Platform, users may be required to pay with a credit
card, wire-transfer, or debit card through the Ninjacart Platform’s third-party payment
gateway provider or any other platform. This third-party payment gateway
provider may be required to collect certain Financial Information from users including, but not
restricted to, their Financial Information. The Financial Information so collected will only be used for
billing and payment for the sale of the Services through the Ninjacart
Platform. The processes of verifying the Financial Information will be entirely conducted by the
user and the Ninjacart Platform shall have no part in such processes.
The Financial Information collected from the users is transacted through secure digital platforms of
approved payment gateways which are under encryption, thereby complying with
reasonably expected technology standards. While the Ninjacart Platform shall make reasonable
endeavours to ensure that the user’s Personal
Information and the Financial Information is duly protected by undertaking
security measures prescribed under applicable laws, the user is strongly advised to exercise discretion while
providing Personal Information or Financial Information while using the
Services given that the Internet is susceptible to security breaches.
§ Personal
Information/Personally Identifiable Information:
Without
the need for further, repeated consents (aside from the acceptance of this Privacy Policy) by the
user, Personal Information, Personally Identifiable Information and/or
Financial Information shall be collected by the Ninjacart Platform on an ongoing basis, for one or
more of the following reasons:
a. To identify the User, to understand
his/her/its needs and resolve disputes, if any;
b. To set up, manage and facilitate the
offer of Products, and to enhance the Services to meet the user’s requirements;
c. To provide ongoing service;
d. To meet legal and regulatory
requirements;
e. To resolve technical issues and
troubleshoot problems;
f. To aid the Ninjacart Platform in
collecting monies from users for transactions carried out on the Ninjacart
Platform;
g. To keep users apprised of the
Ninjacart Platform’s promotions and offers;
h. To customize user experience;
i. To detect and protect the Ninjacart Platform from
error, fraud and other criminal activities;
j. To enforce the terms of use; and
k. Other reasons which, prior to being
put into effect, shall be communicated to the users through an update carried out to this
Privacy Policy.
Automatically Generated Information
When a user visits the Ninjacart Platform, it automatically receives the
following information:
a.
Uniform resource locator of the site from which such user visits the
Ninjacart Platform;
b. Details of the
website such User is visiting on leaving the Ninjacart Platform;
c. The internet protocol (“IP”) address of each user’s computer
operating system;
d. Type of web browser
the user is using, email patterns; and
e. The user’s internet
service provider.
§ Locations
The
Ninjacart Platform may also access, collect, store and/or monitor information regarding
the user’s location, which includes but is not limited to his/her/its global
positioning system coordinates vis-à-vis the device used to access the Ninjacart
Platform. The location data does not collect or share any personally
identifiable information about the user.
§ Telephone calls
The
Ninjacart Platform may keep records of telephone calls received from and made to users for
the purpose of administration of Services, research and development, training,
business intelligence, business development, or for user administration. The
Ninjacart Platform may share the telephone records with third parties when required by law
or when required to provide or facilitate the User with the Services.
6. When do we collect information?
We collect information from the
user when the user registers on the Ninjacart Platform, place an order,
subscribe to a newsletter or enter information on our application. We may offer
email, app notifications, short message service (sms), multimedia message
service (mms) or other forms of communication to share information with the about
certain promotions or features the application may choose to offer or about our
affiliates, subsidiaries, business partners, advertisers and sponsors. You may
receive such communication when you have registered as a user.
7. Who has access to your information?
§ Employees and Authorised Personnel
All
information that is collected, stored and disclosed to the Ninjacart
Platform by the users is accessible only to authorised personnel and
employees on a need-to-know basis. All employees and data processors, who have
access to and are associated with the processing of Personal Information or
Financial Information provided by users are obliged to respect the
confidentiality of every user’s Personal Information or Financial Information.
§ Government Institutions or Authorities
The Ninjacart
Platform may be required to disclose Personal Information or Financial
Information to governmental institutions or authorities under any law or
judicial decree. The Ninjacart Platform may also do so in its sole discretion, deems
it necessary in order to protect its rights or the rights of others, to prevent
harm to persons or property, to fight fraud and credit risk, or to enforce or
apply the terms of use. The Ninjacart Platform shall not be responsible for the manner or
method in which such institutions and authorities use or disclose such
information.
Other Parties
The Ninjacart
Platform may share/use Personal Information and Personally Identifiable
Information provided by users with the other parties for the purposes of:
a.
providing services, technical support, etc. in
relation to the Services, and enhancing User experience; or
b.
detecting and preventing identity theft, fraud or any
other potentially illegal acts; or
c.
monitoring and enhancing user interest and engagement,
including through promotional activity, personal messages to users using
Personally Identifiable Information provided by users, etc; or
d. processing the
purchase of Services on the
Ninjacart Platform.
§ Merging/Acquiring Parties
In the event that the
Ninjacart Platform is merged with or acquired by another business entity, it
will be required to transfer all Personal Information to such merging or
acquiring party. In such a case, the Ninjacart Platform will take all
reasonable efforts to make sure that Personal Information is protected by the
merging or acquiring entity, in conformity with applicable laws.
§ Third Party upon Sale
The Ninjacart
Platform may also disclose or transfer the personal and other information
provided by Users, to any third party as a part of reorganization or a sale of
the assets, division or transfer of a part or whole of the company. Any third
party to which the Ninjacart Platform transfers or sells its assets will have the
right to continue to use the personal and other information that Users provide
to the
Ninjacart Platform.
§ Third-Party Sites
The Ninjacart Platform does not
exercise control over the websites displayed as search results or links from
within the Services. These other sites may place their own cookies or other
files on the users’ computer, collect data or solicit Personal Information or
Financial Information from the users, for which the Ninjacart Platform shall
not be held responsible or liable. The Ninjacart Platform does not make any
representations concerning the privacy practices or policies of such third
parties or terms of use of such websites, nor does the Ninjacart Platform guarantee
the accuracy, integrity, or quality of the information, data, text, software,
sound, photographs, graphics, videos, messages or other materials available on
such websites. The inclusion or exclusion does not imply any endorsement by the
Ninjacart Platform of such websites, the websites’ provider, or the information
on the website.
8. How do we use your information?
We may use the information we
collect from the user when the user registers, makes a purchase, signs up for
our newsletter, responds to a survey or marketing communication, surfs the
application, or uses certain other application features in the following ways:
a. To personalize your experience and to
allow us to deliver the type of content and product offerings in which you are
most interested.
b. To improve our application in order to
better serve you.
c. To allow us to better service you in
responding to your customer service requests.
d. To administer a contest, promotion,
survey or other application feature.
e. To quickly process your transactions.
To ask for ratings and reviews of services or products
9.
How do we protect your information?
The Company has implemented
security policies, rules and technical measures, as required under applicable
law including firewalls, transport layer security and other physical and
electronic security measures to protect the Financial Information and Personal
Information that it has under its control from unauthorised access, improper
use or disclosure, unauthorised modification and unlawful destruction or
accidental loss. While the Ninjacart Platform is committed to maintaining confidentiality
of all Personal Information, Personally Identifiable Information and Financial
Information, it shall not be responsible for any breach of security or for any
action of any third parties that receive Users’ personal data or events that
are beyond the reasonable control of the Ninjacart Platform including, acts of
government, computer hacking, unauthorised access to computer data and storage
device, computer crashes, breach of security and encryption, etc. All
information collected from the Users by the Ninjacart Platform is maintained in
electronic form on servers and/or cloud systems and shall be accessible by
certain employees of the Company. The User information may also be converted to
physical form from time to time. Regardless of the manner of storage, the
Ninjacart Platform shall make commercially reasonable endeavours to ensure that
the User information is rendered confidential and will disclose User
information only in accordance with the terms of this Privacy Policy.
10. Do we use ‘cookies’?
We do not
use cookies for tracking purposes. Users can choose to have their computer warn
them each time a cookie is being sent, or users can choose to turn off all
cookies. Users do this through their browser settings. Since browser is a
little different, users may look at their browser’s help menu to learn the
correct way to modify their cookies.
If users turn
cookies off, some of the features that make users’ application experience more
efficient may not function properly.
11. Changes in Privacy Policy
We reserve the right to modify
this privacy policy at any time, so please review it frequently. Changes and
clarifications will take effect immediately upon their posting on the
application. If we make material changes to this policy, we will notify you
here that it has been updated, so that you are aware of what information we
collect, how we use it, and under what circumstances, if any, we use and/or
disclose it.
QUESTIONS AND CONTACT INFORMATION
If there are any questions
regarding this Privacy Policy, you may contact us using the information below.
63Ideas Infolabs Pvt. ltd,
Vaishnavi Signature Ninth Floor
78/9 Outer Ring Road, Bellandur
Village,
Karnataka – 560 103
queries@ninjacart.com