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Privacy Policy

Privacy Policy

INTRODUCTION

This Privacy Policy (“Policy”) describes how GS E-Commerce Private Limited (hereinafter referred to as “DesignCafe”, “we”, “our” or “us”, “our affiliates”, or “our assignees”) having its registered office at Radiant Commercial No. 5 (Old No. 25), 14th Cross Road, 3rd Block, Jayanagar, Bangalore, Karnataka, India, 560011  collects, uses, stores, shares and protects the user information in connection with the user’s (hereinafter referred to as “you”, “your” or “user”) use of our services at its website https://www.designcafe.com  (“Website”) 

We are an entity that provides end-to-end designing and home interior solutions for our customers (“Service”) through this requisite platform and thereby, we are committed to maintain the privacy of the users whereby appropriate measures have been taken to ensure that user’s credentials are not misused, accidentally destroyed or lost within the environment of the platform. Though care has been taken in the production of information on this platform, we will not be responsible and shall not accept any liability for loss incurred in anyway whatsoever, by anyone who may seek to depend on the information contained herein. This Policy applies to all information collected through our Website, when you place an order for our services and/or products on the Website and/or any related services, sales, or marketing. 

By accessing our Website or using our Services, or by signing up with us, you agree to our Terms and Conditions and Privacy Policy, both of which are electronic record in the form of electronic contract formed under the Information Technology Act, 2000 and the rules made there under (as amended) and do not require any physical, electronic or digital signature and is a legally binding agreement between You and Us. Further, by sharing your details with us, you also agree to receive e-mails including newsletter, campaign updates, advertisements, inter-alia with regard to our Website. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE.

1. WHAT THIS PRIVACY POLICY COVERS

  • This Privacy Policy covers our usage of material as mentioned in the Policy that is shared by you with us in furtherance of using the Service. This policy also covers treatment of any personally identifiable information shared with us.
  • This Policy does not apply to the activities of organizations not owned or controlled by us, or to people who are not employed or managed by us.
  • Log files – We follow a standard procedure of using log files. These files contain log visitors when they visit our Website. All hosting companies do this and it is a part of hosting services’ analytics. The information collected by log files includes: Internet Protocol (IP) addresses, Browser type, Internet Service Provider (ISP), Date and time stamp, referring/exit pages, Number of clicks, possibly.

2. YOUR CONSENT:

By accessing or using our Website/ Platform (including App, WhatsApp or any other mode), you hereby consent and authorize the Company, and our associate partners and associated third parties to use your personal information to contact you via email, phone, or otherwise. This is to ensure that you are aware of all the Products and Services and offers that are existing with the Company. Further you also expressly agree to contact you for the purpose of offering any additional products or services offered by third parties associated with the Company through means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), Rich Communication Services (RCS), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. This shall be applicable unless revoked as per the terms of this Policy.

3. WHAT INFORMATION DO WE COLLECT?

  • Non-Personally Identifiable Information: We collect non-personally identifying information that your browser makes available whenever you visit the Website. This information includes without limitation your IP address, domain servers, hardware specs, browser type, browser language, the date and time of your query and one or more cookies that may uniquely identify your browser, inter-alia.
  • Personally Identifiable Information: In order for you to use our Website and Services, we might require you to input on our Website certain personal information which may include without limitation your location, name, address, contact details, email address, professional details, payment details, in certain cases, your Personal Account Number and other personal information that may be required for the use of the Website from time to time. If you communicate with us by, for example, e-mail or letter, any information provided in such communication may also be collected by us. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. If you provide data of another person, we assume that you have properly obtained the consent subject to the applicable law of that person for the provision of his/her personal data.
  • Payment Data: You will be required to select the preferred payment method from the options made available to you. This can include options such as auto-pay, payment of cash to our collection agents, or payment via UPI, or credit cards among others. Our payment/channel partners may need to verify your bank account details, date of birth, debit or credit card information, and other related details. While we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party services.  
  • Location Data: We receive information from you that helps us approximate your location. We may, for example, use an address submitted by you while setting up your profile, IP address, domain servers or hardware MAC address received from your browser or device to determine your approximate location and other information with respect to your device, interaction of your device with the Website (“Traffic Data”). We may also collect location information from devices in accordance with the consent process provided by your device.
  • Data received through Contact Us Page: Contact Us Page of DesignCafe allows users/visitors to post their queries which may pertain to a legal problem/issue that is the concern of clients and hence kept confidential. Along with such queries, they may also submit their contact details such as Name, Phone Number, and Email Address, among other details, all of which are stored in the database that is coupled with the backend of the website. It is made clear that we use this data only and solely to get in touch with the user and understand the concerns they are facing and help in advising on the same. We, therefore, do not collect any received data for any other purpose than to get in touch with the user and advising on their issues based on service terms of DesignCafe.

4. USE OF INFORMATION

  • We use your personal information to allow it to process your registration, to process any orders that you may make for any products or services displayed on the Website/App, provide you with improved services, contact you when it is needed by telephone, facsimile and e-mail, and to advise you of products and services which may be of interest to you, inviting you to be a participant or a respondent to an online event that is hosted by Company. Further, the relevant information is used by Company to (i) provide you with updates of your account; (ii) to communicate with you on any matter relating to the conduct of your account; and (iii) to communicate the details of any orders / processing of any orders placed by you relating to products displayed on the Website.
  • Personal information collected by the Website/App may be transferred to other brands/sites of Company where it is necessary to meet the purpose for which you have submitted the information. By submitting data on this Website/App, you are providing explicit consent to transmission of data collected on the Website/App, store or process such data. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
  • Any information collected by us may be used for effective communication with you and to provide you with the information as requested by you which helps support effectual service requests and support needs.
  • The email address and contact number as provided by you may be used to send in information and updates pertaining to any information or updates with regard to our Services.
  • By submitting your personal information, you agree to its transfer, storage, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
  • To improve our Website: We continually strive to improve our Website offerings and develop new Service offerings for the Website, this enhancement is based on the information and feedback we receive from you and further we may use the information for the further development of growth and business strategies and data collection.
  • To monitor and analyze use of the Service/Website: This is done to ensure smooth running of the services technical administration and to increase the service functionality and user-friendliness and to provide you with a reliable environment.
  • Dispute Resolution: We may also need to process personal information about you to meet our internal administration requirements and for matters such as dispute resolution.
  • To enforce this Policy, and otherwise to carry out our obligations and enforce our rights in relation under this Policy that may be notified by us from time to time.
  • To investigate or address claims or disputes relating to use of our services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
  • Trying to protect against or prevent actual or potential fraud or unauthorized transactions or investigating fraud which has already taken place.
  • For any other lawful purpose, or other purpose that you consent to.

5. RETENTION OF DATA

We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If you wish that we no longer use your information to provide you services, contact us at happiness@designcafe.com and we will respond to your request to access or delete your information within 30 (thirty) days of receipt of such request. In addition, some types of information may be stored for an infinite duration due to legal requirements or technical constraints, and will, if practical, be blocked from further processing for purposes which are not mandatory by law or when a consent is withdrawn. The information that you provide may be stored or transferred in our systems or on the systems provided by our third parties.

6. WHEN DO WE DISCLOSE INFORMATION

  • We reserve the right to disclose personally identifiable information and/or non-personally-identifiable information that we believe, in good faith, is appropriate or necessary to enforce its Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of ours, our Users or others.
  • We do not transfer your personally identifiable information to outside third parties, unless, such transfer is essential to the usage of services by you on the Website.
  • We may use and disclose to third parties, information we collect in aggregated, non-personally identifiable form for research and informational purposes and to help us make sales, marketing and business decisions for marketing, advertising, or other uses.
  • To dealers and distributors of the products for providing Services, so that the products are delivered to you in a time bound manner.
  • To service providers, subcontractors, partners, vendors, consultants, and others companies (whether in or outside India) that help us Service you in the best possible manner or in relation to any of our legitimate business purposes.
  • To our affiliates, parent companies, subsidiaries, and other related companies (whether in or outside India), all for the purposes noted above or otherwise in this Policy.
  • To third parties for research, marketing or advertising purposes.
  • To allow us to pursue available remedies or limit the damages that we may sustain.
  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets, we may have to disclose our databases and information we have stored in the course of our operations.
  • To other third parties subject to your consent.
  • To enforce this Policy, and otherwise to carry out our obligations and enforce our rights in relation under this Policy and Terms of Use that may be notified by us from time to time.
  • To allow us to pursue available remedies or limit the damages that We may sustain.
  • To any governmental authority or law enforcement officers who request or require any information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process.
  • We may share Personal Data with third parties (which will also be acting as controllers in respect of that Personal Data) with whom we are under a legal duty to do so or if it is required to enforce or apply our contracts or to protect the operation of our website, or the rights, property or safety of us or others.

7. THIRD PARTY LINKS

Our website may have third-party links and this Privacy Policy does not apply to other advertisers or websites which might have their link on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

8. NO ERROR-FREE PERFORMANCE AND LIMITATION OF LIABILITY

  • We do not guarantee an error-free performance under this Privacy Policy. We may not always anticipate, catch, avoid or mitigate an unintended privacy issue, despite our reasonable efforts to do so. Accordingly, we welcome your feedback regarding any privacy concerns that you may have, including how we can improve this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it.
  • We do not warrant that this Website, its servers, or email sent by us or on our behalf are virus and malware free. We will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to compensatory, direct, indirect, incidental, punitive, special and consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties. 
  • We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents available through the Website and expressly disclaim liability for errors and omissions in the contents available through the Website.
  • No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents available through the Website or its links to other internet resources as may be available to you through the Website.
  • Reference in the Website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by us.

9. COMMUNICATIONS

We may from time to time send you Service-related announcements when we consider it necessary to do so (such as when we temporarily suspend the Website and/or services for maintenance, or security, privacy, or administrative-related communications). We send these to you via SMS/push notifications/email/WhatsApp/instant messaging, as we deem fit.

10. DISCLAIMER:

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us via the Internet; any such transmission is at your own risk.

11. ONLINE PRIVACY POLICY ONLY

This privacy policy applies only to our online activities and is valid for use of our Website with regards to the information that you shared on the portals provided by us. This Policy is not applicable to any information collected offline or via channels other than the Website.

12. MINORS’ ONLINE PRIVACY PROTECTION

  • Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
  • We do not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

13. TERMS AND CONDITIONS

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our Website and which complements the Privacy Policy at https://www.designcafe.com/terms-and-conditions/

14. COOKIE POLICY

  • A ‘Cookie’ is basically a portion of the information stored by a web server on a web browser which will help in tracking back the information from that browser at any point in the future. Cookies assist the browser in remembering information that is specific to a given user, which includes a User’s login details, password, etc. 
  • By this policy, the User agrees and consents that this website places both permanent and temporary cookies in the User’s computer’s hard drive and web browser. The user agrees to the cookie while entering into browsing of that website and that such acceptance helps in analyzing page flow, develops safety and trust, and many other such features. While the user has to accept cookies in most of the website pages, however, if the browser permits, the user can choose to decline or reject the cookies. However, in such a case the user shall be barred from certain features while using the website. 
  • Additionally, the User is aware that they might encounter ‘cookies’ on other like devices on a few pages of the website that are positioned by third parties or any affiliates of the Company/Website. 
  • The User expressly agrees and acknowledges that the Company/Website does not control the use of such cookies/other devices by third parties, that the Company/Website is in no way responsible for the same, and that the User assumes any and all risks in this regard.

15. BE VIGILANT AND CIRCUMSPECT

Even the best policy can’t protect your online privacy and security in all circumstances. Unscrupulous advertisers, hackers, and scam artists are constantly searching the Internet looking for new targets. Your best protection is to understand the limits to privacy on the Internet and be vigilant in all of your online activities. Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure you verify the identity of anyone asking for personal information. Always monitor your children’s online activities and educate them as to the rules for safe Internet use. As always, if you have any questions, please feel free to contact us with further questions.

16. CHANGES TO THIS POLICY

We may update this Policy from time to time. Your continued access of the Website and/or use of our services after an update constitutes consent to the updated notice to the extent permitted by law. Please periodically review this Policy for the latest information on our privacy practices.

17. APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION

By visiting this Website, you agree that the laws of India without regard to its conflict of laws principles govern this Privacy Policy and any dispute arising in respect out of or in relation to this Agreement shall be submitted to the sole jurisdiction of the courts of law at Bengaluru. Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Policy will be governed by the laws of India and will be referred to confidential, mandatory and binding arbitration in Bengaluru, India. The arbitration will be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitrator’s award shall be substantiated in writing and will be final and binding on you and us. Subject to the above, you agree to submit yourself to the exclusive jurisdiction of the Courts in Bengaluru, India.

18. CONTACT US/ NOTICE

If you still have questions or concerns about our Privacy Policy, please write us at: happiness@designcafe.com.

19. GRIEVANCE OFFICER

This Policy is published and shall be construed in accordance with the provisions of Rule 3(11) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IT Rules”) that requires publishing the name of the Grievance Officer and his/her contact details on the Website, such that users or any victim who suffers as a result of a violation of Rule 3 (outlined in this Policy and Terms of Use) by any other person, can notify their complaints to us. In accordance with Information Technology Act, 2000 and rules made there under, the name and the contact details of the Grievance Officer appointed are provided as hereunder: Our data grievance officer is: Amar Krishna Murthy accessible via email at: amark@designcafe.com. You can contact the officer confidentially by email to enquire about the treatment of your personal information.

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