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Privacy Policy

Privacy Policy

This Privacy Policy explains our practices, including your choices, regarding the collection, use, and disclosure of certain information, including your personal information in connection with the services rendered by Shwayaa Décor Private Limited and through its website www.shwayaa.com. This Privacy Policy must be read in conjunction with the User’s Terms & Conditions and other Policies available on our “Platform”.

 

Contacting Us

 

If you have questions specifically about this Privacy Policy, or our use of your personal information, cookies, or similar technologies, please contact our Privacy Officer by email at [email protected]

 

The data controller of your personal information is Shwayaa Décor Pvt. Ltd., a company incorporated under the Indian Companies Act, 2013, the owner of the www.shwayaa.com platform (“Platform/ Website”) through which you have opted to avail of certain Services by agreeing to the User’s Terms & Conditions.

 

For the purpose of this Privacy Policy, unless defined hereunder, all double-quoted/ capitalized terms shall have the meaning ascribed to them in the Terms of Use. As you avail of our services, we want you to be clear on how we are using information and the ways in which you can protect your privacy. This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia: Section 43A of the Information Technology Act, 2000 (“IT Act”); Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (Published by the Government of India and amended from time to time).

 

General Terms

 

The “Platform” is owned and operated by Shwayaa Décor Private Limited, a company incorporated under the Indian Companies Act, 2013, having its registered office at TC 23/1474/44, PPD Keystone, 12 CD, Golf Links Road, Kawdiar, Trivandrum 695003 (hereinafter referred to as ‘Shwayaa’).

 

This Privacy Policy applies to all users accessing or using our “Platform” or otherwise. By giving us your information, you will be deemed to have the capacity to enter into a legally binding contract as per applicable law applying within the jurisdiction from which you access or use the platform and in particular, the Indian Contract Act, 1872, and consequently, you will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the same. You hereby consent to our collection, use, sharing, and disclosure of your information as described in this Privacy Policy. We reserve the right to change, modify, add, or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time, and any continued use of or access to the “Platform” by the user following any such amendments to the Privacy Policy, will be deemed as an acceptance of the Privacy Policy in its amended form. If you are accessing or using this “Platform” from an overseas location, you do so at your own risk and shall be solely liable for compliance with any applicable local laws. If you do not agree with this Privacy Policy at any time, in part or as a whole, do not use the platform or services provided on the platform, or provide us with any of your information.

 

Collection of Information

 

We collect the following types of information about you, through our “Platform”: Demographic Information, Behavioral Information, and Indirect Information, (as defined below, and collectively, (“Information”).

 

Additionally, we also collect Personal Information (as defined below) from you. We may collect from you, information that is not unique to you and refers to selected population characteristics (“Demographic Information”) including age, gender, location, and occupation Information will be collected from you automatically. We collect information about how you use the Platform and information about your electronic device and software that you use to access the Platform, including Device IDs / Unique identifiers, usage statistics, traffic data, your IP address, browser, and operating system type, International Mobile Equipment Identity (IMEI) number, domain names, access times, locations, your previous orders and transactions including the product and pricing details, transaction information and payment and browsing history (“Behavioral Information”). Your use of certain third-party services on the Platform also requires us to collect such information as is considered necessary for that purpose (“Indirect Information”).

 

While we may collect Demographic Information, Behavioral Information, and Indirect Information when you access or use our Platform, we only collect Personal Information from you, when you choose to use or avail of our Services. Additionally, if you register on the “Platform” through your account on any social media platform, we may collect your user ID or username and any other information you have permitted the social media platform to share with us specifically or any other third party. You also consent to us collecting information that you have made publicly available through the social media platform. To avail of or use our Services, you are required to provide us with your personal information, including but not limited to: Your name; date of birth; mobile number; email address; username, and password created by you. (collectively “Personal Information”).

 

The Information Technology Act and the Sensitive Personal Data or Information” (“SPDI”) Rules regulate the collection, usage, retention, and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, can identify such person. The SPDI Rules further define Sensitive Personal Data or Information of a person as personal information about that person relating to any of the information received under the above clauses by a body corporate for processing, stored, or processed under lawful contract or otherwise passwords; financial information such as bank accounts, credit, and debit card details or other payment instrument details; biometric information; any detail relating to the above clauses as provided to the body corporate for providing services; and any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

 

Further, you agree that all Personal Information is provided by you to us voluntarily. Collection, use, and disclosure of SPDI require your express consent. By providing us with Personal Information, you are providing us with your consent to our use, collection, and disclosure of the Personal Information. You may choose to not provide us with or withdraw any or all information included under Personal Information, but in the event that you do so, we will be unable to provide you with our services. Separately, you understand and acknowledge that search engines such as google.com and archive.com, not affiliated with www.shwayaa.com, may archive or otherwise make available information posted on the “Platform”.

 

Use of Information

 

We use your Information for the following purposes:

 

  1. To operate and improve the Platform in order to foster a positive user experience and to improve our business as a whole.
  2. Analyzing data, tracking trends, building algorithms, creating databases for rating systems, recommendation engines, etc.
  3. Research; for non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research, or product development purposes.
  4. To conduct audits and quality assessment procedures.
  5. To analyze the use of our resources, troubleshoot problems, and improve our Services, by using the information regarding your electronic device and software.
  6. To provide our Services to you.
  7. To comply with applicable law.
  8. Contacting users for offering new products or services.
  9. To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use, or as otherwise required by law;
  10. To respond to any queries that you may have, and to communicate information to you, including notifications of any promotions or alerts, any updates to the Platform, or the introduction of any future fees or charges that we may collect at the time for the provision of our Services to you; and
  11. To contact you from time to time to record your valuable feedback on our Services, as they currently stand, and/or any potential services that may be offered in the future (Collectively, the above constitute “the Purposes”).

 

If you wish to opt out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please email us at [email protected]

 

Disclosures

 

We disclose your Information including Personal Information, as the case may be to Third Parties* in the manner specified below:

 

  1. Conform to legal requirements or comply with legal process.
  2. Protect our rights/property or our affiliated companies.
  3. Prevent a crime or protect national security.
  4. Protect the personal safety of Users or the public.

 

*Third Parties: Such Third Parties may include our Associates, Affiliates, or related entities; and

 

Any of our agents, contractors or third-party service providers that process or will be processing your Information, and relevant Personal Information on our behalf, including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies, and data centers.

 

Subject to applicable law, we may at our sole discretion, transfer Personal Information to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by us under the terms hereof, located in India. By using this Platform, you accept the terms hereof and you hereby consent to the storage and processing of Personal Information in any of the above locations.

 

By continuing to use the Platform, you provide your consent for the transfer, sharing, and disclosure of such Information and Personal Information by us in accordance with this Privacy Policy. Any third party to which we transfer or sell our assets, merge or consolidate with, will have the right to continue to use the Information and Personal Information provided to us by you, in accordance with the Terms of Use and this Privacy Policy.

 

Third-Party Links

 

The Platform may include hyperlinks to various external websites or platforms including platforms for processing your payments, which may require you to disclose your Information (“Third Party Links”).

 

You acknowledge and agree that we are not responsible for any collection or disclosure of your information by any external sites, applications, companies, or persons thereof.

 

You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information via Third Party Links, as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third-Party Links.

 

This will include all transactions, and information transmitted therein, between you and any such third-party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between you and the aforementioned third parties. Such third-party websites and external applications or resources, accessible via the Third-Party Links may have their own privacy policies governing the collection, storage, retention, and disclosure of the information that you may be subject to. We recommend that you exercise reasonable diligence, as you would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s Privacy Policy.

 

Security of your information

 

We endeavor to maintain physical, technical, and procedural safeguards that are appropriate to protect your Information against loss, misuse, copying, damage or modification, and unauthorized access or disclosure. Some of the security measures adopted by us are:

 

  1. Review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to systems; and
  2. Restrict access to Personal Information, to our employees and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with us may terminate if they fail to meet these obligations.

 

An Administrator of the platform will have knowledge of your username or your password. It is important for you to protect against unauthorized access to your password and your username. We do not undertake liability for any unauthorized use of your Account, username, and password. If you suspect any unauthorized use of your account, you must immediately notify us by sending an email to [email protected]

 

Further, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.

 

Children/ Minors

 

You must be at least 18 years of age or older to register/ create an account with www.shwayaa.com. Minors may only use the service with the involvement, supervision, and approval of a parent or legal guardian.

 

Changes to This Privacy Policy

 

We will update this Privacy Policy from time to time in response to changing legal, regulatory or operational requirements. We will provide notice of any such changes (including when they will take effect) in accordance with the law. Your continued use of the www.shwayaa.com service after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Policy, you may cancel your use of the www.shwayaa.com service. 

 

Cookies and Other Tracking Technologies

 

We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Platform. Some cookies and other technologies may serve to recall information previously indicated by a User. Most internet browsers/mobile settings allow you to control cookies, including whether or not to accept them and how to remove them. You may set most internet browsers/mobile applications to notify you if you receive a cookie, or you may choose to block cookies on your internet browser/mobile applications. Please refer to our Cookie Policy for further information on how we use cookies.

 

Disclaimer

 

We cannot ensure that all of your Information or Personal Information will ever be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Information or private communications will always remain private. As a user of the Platform, you understand and agree that you assume all responsibility and risk for your use of the Platform, the internet generally, and the information you post or access and for your conduct on and off the Platform.

 

Indemnity

 

You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our Platform or otherwise and your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to your Information or Personal Information which you may have disclosed to such third parties.

 

Grievance Officer and Contact Information

 

In accordance with the Information Technology Act and rules made there under, contact details of the Privacy Officer is [email protected]