This Privacy Policy (“Policy“) is published in accordance with the provisions of Rule 3(1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011. The Policy is an ‘electronic record’ as
contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. This
Policy being an electronic record is generated by a computer system and does not require any physical or
digital signature.
INTRODUCTION
The Online Technology Platform (www.electroride.in) is owned and operated
by Goenka Green Private Limited.
Users are requested to read and understand this Policy very carefully
before using or
accessing the Marketplace. Through this Policy, the Marketplace intends to convey the manner in which the
user’s information is collated and used by the Marketplace while providing the services of the Marketplace.
This Policy is binding on every user of the Marketplace and users who do not agree with the terms of this
Policy should not use or access the Marketplace. The Marketplace reserves its right to change, edit, alter,
amend, modify, review, revise or substitute this Policy with or without notice. By using the Marketplace,
the user’s signify that they have carefully read, understood and agree to be bound by this Policy and the
user’s expressly and voluntarily accept this Policy including any change, modification or substitution made
to this Policy from time to time. The Marketplace reserves its right to refuse services to any user who does
not accept or violates the terms of this Policy.
INTRODUCTION
‘User information’ for the purpose of this Policy includes the user’s
personal information that can be used to uniquely identify or contact a single person including name, email
address, residential address, phone number, photograph and other information collected by the Marketplace to
provide specific services to the user through the Marketplace. The user has the option not to provide User
Information if the user wishes not to avail the specific service for which the User Information is
required. If any user is providing any User Information on behalf of any corporation, company, institution,
association or other entity, the user should be authorized by such corporation, company, institution,
association or other entity to provide such information to the Marketplace
The Marketplace collects
information from the user when creating a user account or when the user is browsing for products,
transacting an online purchase of products through the Marketplace or while posting comments, uploading
content or participating in any offers or contests or availing special gifts or communicating with customer
support by phone, email or otherwise.
The Marketplace receives, scrutinizes and stores User Information
for security and technical reasons such as IP address, login id, email address, password, devise connection
information, transaction history, date, time and duration of session on the Marketplace.
The Marketplace
automatically receives the URL of the site from which a user came and the site to which the user goes when
the user leaves the Marketplace. The Marketplace receives the IP address of the user’s computer and the type
of web browser a user is using, email patterns, etc. The Marketplace will occasionally ask the user to
complete optional online surveys. These surveys may ask the user for contact information and demographic
information (eg. zip code, age or income level).
Sometime the Marketplace uses cookies so that the
Marketplace can provide the user with more customised information when the user returns to the Marketplace.
“Cookies” are used to store user preferences and to track user trends, so as to enhance the user’s
interactive experience and generally improve the Marketplace’s services to the user. The user can set the
browser to notify the user when the user is sent a “cookie”, giving the user the chance to decide whether or
not to accept it. If the user accepts a “cookie”, the user agrees to the use of any User Information
collected by the Marketplace using that cookie. The user may update the profile information of the user at
any time on the Marketplace.
The user can add or update the User Information on a regular basis. When the
user updates the User Information, the Marketplace will keep a copy of the prior version for its records.
USE OF INFORMATION & DISCLOSURE
The User Information is primarily used by the
Marketplace to facilitate a better, customized and convenient use of the Marketplace’s services. The User
Information is used by The Marketplace inter alia to (i) respond to the user’s queries, requests and
inquiries; (ii) update new features of the Marketplace, (iii) improve and customize the Marketplace’s
service, (iv) detect and prevent fraud and abuse of the Marketplace, (v) examine the identity of the user’s
and the authenticity of offers, delivery or transfer of offers, etc. (vi) administer the Marketplace, (vii)
inform any change in the Terms of Use or this Policy or the Terms and Conditions of Sale, (viii) send
surveys and marketing communications that the Marketplace believes may be of interest to the user; (ix)
personalize the user’s experience on the Marketplace by presenting advertising, products and offers tailored
for the user; (x) help the user address its problems with the Marketplace including addressing any technical
problems; (xi) complete and fulfill the user’s purchase, process payments, communicate with the user
regarding the user’s purchase and provide the user with related customer service; and (xii) protect the
integrity of the Marketplace.
User Information is used and disclosed if required to do so by law or in
the good faith and belief that such disclosure is reasonably necessary to respond to notices, court orders,
or other legal process. The Marketplace may disclose User Information to law enforcement officers, third
party rights owners, or others that is in its opinion reasonably necessary to enforce the Marketplace’s
Terms of Use, this Policy and Terms and Conditions of Sale. The Marketplace will share some or all of the
User Information with another entity should the Marketplace merge with, or be acquired by that entity or
receive investments from that entity.
The Marketplace may disclose aggregated information about the use
of the Marketplace, but it will never contain User Information that will identify a single user. The
Marketplace does not trade or sell User Information in any manner, except as specified in this Policy or if
express consent is sought from the user. The Marketplace understands that the User Information is very
crucial and is important for the user. The user agrees and acknowledges that the User Information is
disclosed or shared with: (i) third party vendors for delivery of the products ordered through the
Marketplace, (ii) third party service providers engaged by The Marketplace to perform the services on the
Marketplace’s behalf, (iii) third party service providers for the purpose of the Marketplace’s security,
maintenance, repair or other technical reasons.
The Marketplace may, if the user so chooses, send direct
advertisement mailers to the user at the address given by the user. The user has the option to opt-out of
this direct mailer by clicking at the unsubscribed link option attached to e-mail. The Marketplace respects
the user’s privacy and if the user does not want to receive e-mail or other communications from the
Marketplace, the user may inform the same to our customer care service.
SECURITY & USER RESTRICTION
The Marketplace implements standard measures to protect
against unauthorized access to and unlawful interception of the User Information. However, no internet site
can fully eliminate security risks. The Marketplace endeavours to take all reasonable measures to protect
the security, integrity and confidentiality of the User Information against unauthorized breach and hacking.
For the purpose of checking possible vulnerabilities and attacks, the Marketplace may conduct periodical
internal review of data and security measures on the Marketplace. The Marketplace may use such software as
it determines is best for maintaining security. However the internet is not absolutely a secure environment,
and the Marketplace cannot ensure or warrant a 100% security of the User Information.
If any user is
provided with any identification code, password or any other piece of information as part of the
Marketplace’s security procedure, the user should treat such information as confidential, and the user
should not disclose it to any third party including to other users. To prevent third party’s access to the
Marketplace the user should sign out from the user account after availing the services through the
Marketplace. The Marketplace has the right to disable the identification code or password, whether chosen by
any user or allotted by the Marketplace, at any time, if the user fails to comply with instructions or terms
and conditions or policies of the Marketplace.
The user is solely responsible for the activities that
occur under the user’s account including the confidentiality of the user’s password and the Marketplace is
not responsible for the same. While using and accessing the Marketplace, the user is responsible for
maintaining the confidentiality of the user’s account and for restricting access to the user’s computer or
other system or equipments through which the user uses and accesses the Marketplace.
Not with standing
anything contained in this Policy or elsewhere, the Marketplace shall not be held responsible for any loss,
damage or misuse of the User Information, if such loss, damage or misuse is attributable to a Force Majeure
Event. A
“Force Majeure Event”means any event that is beyond the reasonable control of
the Marketplace and includes, without limitation, epidemics, pandemics, fire, flood, explosion, acts of God,
civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of
government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage
device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
THIRD PARTY MARKETPLACES/PLATFORMS AND LINKS
The Marketplace may provide or be linked
with other third party marketplaces/platforms and advertisements. The Marketplace is in no way responsible
for the privacy practices or content of such third party marketplaces/platforms and advertisements. The
linked third party marketplaces/platforms or advertisers are not necessarily under the control of the
Marketplace and the Marketplace expressly disclaims all liability associated with the content and the use of
such third party marketplaces/platforms and advertisements. Display of any third party advertisements on the
Marketplace shall not be construed as an endorsement or promotion of any products or services by the
Marketplace. The user should read the privacy policy of each and every linked third party
marketplaces/platforms and any access or use of the linked third party marketplaces/platforms is entirely at
the user’s own risk. The Marketplace is not responsible for any direct, indirect, solicited or unsolicited
communication made by any of these linked third party marketplaces/platforms or advertisers or their
respective agents or representatives, to the users including by telephone, email, mobile phones and
facsimile.
These linked third-party marketplaces/platforms and advertisers may use various technologies
to receive the user’s IP address and personal information. The third party advertisers may also use cookies,
JavaScript, web beacons and other technologies to gauge the effectiveness of their advertisements and to
personalize advertising experience and content. The Marketplace does not have any control over the cookies
or technologies that advertisers or third party marketplaces/platforms may use and the user should contact
them directly for more information about their privacy practices and policies.
Based on the User
Information including the nature of products purchased by the user through the Marketplace, the Marketplace
may display personalized third party advertisements on the Marketplace. When the user clicks on the
advertisement link, the third party advertisers may assume that the user has met the criteria that was used
to personalize the advertisement. The user acknowledges and agrees that in no event the Marketplace is
responsible to the user accessing the services of third party advertisers or other third-party
marketplaces/platforms.
GENERAL TERMS
This Policy is to be read in conjunction with and shall be deemed to be
part of the Marketplace’s Terms of Use and Terms and Conditions of Sale.
The User Information resides in
the Marketplace’s database for a certain period of time even after the user ceases to use or access the
Marketplace and in such cases the Marketplace is not liable for any usage of the User Information after the
user ceases to use or access the Marketplace.
The users agree and acknowledge that User Information
collated through the Marketplace could be stored and processed in any other country across the world. The
users acknowledge that for effective provision of the Marketplace’s services in respective territories
including territories outside India, the User Information may be stored or processed by trusted third
parties. Whenever the User Information is shared with trusted third parties in countries outside India, the
Marketplace endeavours that the User Information is transferred in accordance with the applicable laws of
India.
The user should be aware that the User Information or other data, the user provides to the
Marketplace for availing the services or transacting through the Marketplace could be read, collected, or
used by other users or third parties in which case the User Information might be used for sending
unsolicited messages or communications for which the Marketplace is not responsible.
The user agrees and
acknowledges the Marketplace’s right to utilize the user’s posts, contents, information and other personal
data for the purpose of providing services through the Marketplace. The contents on the Marketplace may
contain comments, post and reviews posted by the users which may be public and searchable on the internet in
which case the user’s comments, post reviews and information and personal data provided to the Marketplace
may be viewed by other users and the Marketplace cannot guarantee that other users or third parties have not
made copies of or used the ideas and information that the user has shared on the Marketplace.
GOVERNING LAW AND JURISDICTION
The terms and conditions of this Policy shall be
governed by Indian Law and the courts in Varanasi shall only have exclusive jurisdiction to resolve any
disputes.
