1. GENERAL:
Dimagto.com (Dimagto Traders), having its registered
office at Gali no-11, Kakipind, Ramamandi, Jalandhar, Punjab, India (“Dimagto.com”, “we”, “us” or “our”)
is managing and operating the mobile application/website and tablet applications
available at www.Dimagto.com (collectively referred to as “Dimagto.com”, “Website”, “App”),
which inter alia facilitate the sale and purchase of products and services
listed and sold on the Website (“Products”). The term “User” or “Users” or “you” or “your” means
any individual or entity which uses, accesses or, browses the Website and/or
purchases the Products.
Dimagto.com is committed to protecting and respecting
your privacy. This privacy policy (“Privacy Policy”) is to be read
together with the terms of use (accessible here) (“Terms”) and all other policies
notified by us from time to time. This Privacy Policy outlines Dimagto.com’s
privacy practices regarding the collection, use, disclosure, processing,
transfer, storage, retention and safeguarding of the Information (defined hereinafter)
provided to us by you through the Website and/or pursuant to the purchase of
the Products.
2. APPLICABILITY OF POLICY:
By accessing,
using, browsing, or purchasing on Dimagto.com and/or by submission of
Information (and in case of a minor - submission of your Information either by
your parents or your guardian), you agree to be bound by the terms of this
Privacy Policy and consent to the collection, storage, possession, dealing,
handling, sharing, disclosure or transfer of your Information in accordance
with the terms of the Privacy Policy and agree to be governed by the laws of
India including but not limited to the laws applicable to data protection and
privacy.
Please note we do
not offer the Products under this App outside India, however, you may be able
to access or browse the Website from outside the Republic of India. Your
Information will primarily be stored and processed in India and may be governed
by the applicable laws (including data protection laws) that are different from
those that apply in the country in which you are located.
This document is
an electronic record and is governed by the provisions under the Information
Technology Act, 2000 and rules made thereunder as may be applicable, and the
amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000 including any amendments
thereto. This electronic record is generated by a computer system and does not
require any physical or digital signatures.
Please take a
moment to familiarize yourself with our Privacy Policy. If you do not agree
with any provisions of the Terms or this Privacy Policy, we advise you to not
use or access Dimagto.com.
3. TYPE OF INFORMATION COLLECTED:
This Privacy Policy sets out the type of information
collected from the Users, including the nature of the Sensitive Personal Data
or Information (defined
hereinafter), the purpose, means and modes of usage of such
information and how and to whom we shall disclose or transfer such information.
You may at any time withdraw your consent for collection and use of your
information including Personal Information (defined
hereinafter) or Sensitive Personal Data or Information. However,
please note that if you withdraw your consent, we may no longer be able to
provide you with the corresponding service for which you have withdrawn your
consent. It is hereby clarified that your decision to withdraw your consent
will not affect the processing of Information based on your previous consent
prior to the withdrawal.
We may collect a variety of information from you,
including your name, mailing address, phone number, email address and contact
preferences, including any other usage and interaction details with us or our
affiliates. We may collect such information which when combined with other
pieces of information available with us could reasonably allow you to be
identified (“Personal Information”).
We may also
collect, receive process or store certain sensitive personal data or
information provided by you which may consist of, but not be limited to
·
(a) Password;
·
(b) Financial information such as bank
account or credit card or debit card or other payment instrument details;
·
(c) Any detail relating to (a) and (b)
above as provided to us for providing Products; and
·
(d) Any of the information received under
(a) and (b) above by us for processing or storing under lawful contract or
otherwise.
(Collectively, referred to as “Sensitive
Personal Data or Information”).
Personal Information and Sensitive Personal Information
are collectively referred to as “Information”.
You may be asked
to provide your Information anytime you visit, access, use or browse
Dimagto.com. We may share Information and use it in consistent with the
provisions of this Privacy Policy. We may also combine it with other
Information to provide and improve our Products, services, content and
advertising.
Dimagto.com is
not directed towards minors. We do not knowingly collect Information from any
User who is under 18 (Eighteen) years. If we are made aware that we have
collected the Information of a person below the age of 18 (Eighteen) years, we
will take steps to delete such Information within a reasonable time frame. If a
parent or guardian becomes aware that his or her child has provided his/ her
Information on Dimagto.com without their consent, he or she shall contact us
for the deletion of such Information. In the event, where in contravention to
the Privacy Policy and Terms, a person below the age of 18 (Eighteen) uses the
Products or accesses the Website, we shall not be held liable or responsible
for any damage or injury suffered by such person.
4. USE OF INFORMATION COLLECTED:
The following is
the manner in which we collect, use, share, and retain Information:
We may collect
Information, whenever relevant, to help provide you with information and to
complete any transaction or display any Product you have requested or to
participate in any event or contest. You also consent to the collection of
certain Information or document as per the applicable laws in the course of
your purchasing the Products.
The App seeks
your Information to: (i) create and/or give you access to your registered
account on the Website; (ii) validate and process your request for the
provision of Products or accessing of the App; (iii) assist merchants to handle
and fulfill your orders; (iv) develop, deliver, process and improve our
Products in order to personalize and improve your experience; (v) inform you
about our Products, offers, updates, upcoming events, including providing you
information in relation to order confirmations, invoices, technical notices,
security alerts; or (vi) facilitate our internal business operations, including
the fulfillment of any legal and regulatory requirements; (vii) provide you
with recommendation about Products you may be interested in, based on your use
of the App; (viii) provide you with marketing communications and advertising
that we believe may be of interest for you; (ix) resolve any request, disputes,
grievance, or complaints by you in relation to your use of the Website; or (x)
detect and protect us against error, fraud and other illegal activity. When you
use our voice, image and camera services, we use your voice input, images,
videos, and other Information to respond to your requests, provide the
requested Products to you, and improve our services or the Website.
We may disclose
Information to our affiliates when necessary to perform services on our behalf
or on your behalf, to provide display advertising and promotional services,
providing search results and links (including paid listings and links),
providing customer service etc. These affiliates may market to you as a result
of such sharing unless you explicitly opt-out.
We may disclose
Information to our trusted third-party service providers when necessary in
order to facilitate the provision of our Products on the Website. We ensure
that such third-party service providers are bound by reasonable confidentiality
obligations; and/ or use, maintain and follow generally accepted industry and
security standards commensurate with the security standards set forth in this
Privacy Policy with respect to such Information
We may also share
Information with external organizations or individuals if we believe that
access, use, preservation or disclosure of the Information is reasonably
necessary to:
·
(a) meet any applicable law, regulation,
legal process or enforceable governmental request;
·
(b) detect, prevent or otherwise address
fraud, security or technical issues;
·
(c) Protect against harm to the rights,
property or safety of our or our Users, or the public, to fight fraud and
credit risk, as required or permitted by law.
We may also
disclose or transfer your Information to any third party as a part of
reorganization or a sale of the assets, division or transfer of a part or whole
of us. We shall ensure that third party to which we transfer or sell our assets
will have appropriate confidentiality and security measures, at least as
protective as those described in this Privacy Policy, to handle your
Information. You will have the opportunity to opt out of any such transfer if
the new entity's planned processing of your information differs materially from
that set forth in this Privacy Policy.
A third-party payment gateway provider may be required
to collect certain financial information from you including, but not restricted
to, your credit/debit card number or your bank account details (collectively
referred to as “Financial Information”). All Financial Information
collected from you by such third party payment gateway providers will be used
only for billing and payment processes. The Financial Information collected
from you is transacted through secure digital platforms of approved payment
gateways which are under encryption, thereby complying with reasonably expected
technology standards. The verification of the Financial Information shall be
accomplished only by you through a process of authentication in which we shall
have no role to play and hence, we shall bear no liability in relation to the
same. We shall neither be liable nor responsible for any actions or inactions
of third party payment gateway providers or any breach of conditions,
representations and warranties given by them. We shall also not be obligated to
mediate or resolve any dispute or disagreement between you and such third party
payment service providers.
The Information
so collected shall be retained only for the duration necessary to fulfill the
purposes outlined in this Privacy Policy unless a longer retention period is
required or permitted by law. Once the purposes are achieved, all Information
is deleted in a safe and secure mode.
5. CHANGES/AMENDMENT/MODIFICATION TO THE PRIVACY POLICY:
We will treat
your Information in accordance with applicable laws, and regulations.
This Privacy
Policy is subject to changes and modification based on business, legal or
regulatory requirements and will be updated online on the Website. We will make
all efforts to communicate any significant changes to this Privacy Policy to
you. However, your continued use of the App after any modification(s) to this
Privacy Policy will be deemed as your acceptance to such modification(s). You
are encouraged to periodically visit this page to review the Privacy Policy and
any changes to it.
6. THIRD PARTY APPLICATIONS, WEBSITES & SERVICES:
Please note that your mobile service provider, mobile
operating system provider, third party applications (including the applications
pre-loaded on your smart phones powered by Android/iOS platform or customized
Android ROM (“Device”), social media platforms and websites that you
access may also collect, use and share information about you and your usage. We
do not control how these third parties collect, use, and share or secure your
Information. For information about third-party privacy practices, please refer
or read their respective privacy policies or take appropriate consultation.
The App may
include links to other websites/applications or may display advertisements from
third parties and other content that links to third party websites. Such
websites/applications are governed by their respective privacy policies, which
are out of our control. Once you leave our Website, use of any information you
provide is governed by the privacy policy of the operator of the website /
application you are visiting. That policy may differ from that of the App. If
you can't find the privacy policy of any of such websites /application via a
link from the website's homepage, you should contact the relevant website /application
directly for more information. We are not responsible for the privacy practices
or the content such third party websites.
We may use
third-party advertising companies to serve ads when you visit the App.
7. NON-PERSONAL INFORMATION:
Non-personal
information is defined as any data that does not personally identify you and
may include unique system or hardware identifiers, system or application
software, and peripherals.
Any non-personal
information, when clubbed with personal information shall be treated as
personal information.
The following is
the manner in which we collect, use, share and retain non-personal information.
You agree that
the App may collect diagnostic, technical, usage related information, for the
usage purposes described below, or communicated to you at the time of
collection. This information, once collected, is anonymized in a manner that
does not personally identify you.
The
above-mentioned information is gathered periodically to provide and improve the
App and services therein, facilitate the provision of software updates, product
support and other services to you (if any) and to verify compliance with the
terms of this Policy.
To enable the App
partners and third party developers to improve their software, hardware and
services designed for use with the App, we may also provide any such partner or
third party developer with a subset of diagnostic information that is relevant
to that partner’s or developer’s software, hardware and/or services, as long as
the diagnostic information is in a form that does not personally identify you.
The information
so collected shall be retained only for a limited duration necessary to fulfill
the purposes outlined in this Privacy Policy unless a longer retention period
is required or permitted by law. Once the purposes are achieved, all
information is deleted in a safe and secure mode.
8. LOCATION SERVICES:
The App, its
licensees and agents, may access, collect and analyse your usage of the App and
other information related to your location on a regular basis through Bluetooth
and Wi-Fi signals and other technologies and data for the performance of the
services provided by the App and to help improve the design, functionality,
performance, and content of the App. In order to collect geo-location
information, the location settings must be enabled on your Device. Therefore,
in some cases, the App may request that you enable the location settings.
Except in cases
where any specific services requested by you require or involve personal
identification, the App collects location data anonymously and in a form that
does not personally identify you. By using the App, you agree and consent to
transmission, collection, maintenance, processing and use of your location data
and queries to provide and improve such services of the App.
9. COOKIES:
Due to the communications standards on the internet,
when you visit, access or browse the Website, we automatically receive the
uniform resource locator of the site from which site you visit, access or
browse the Website, details of the website you visit on leaving Dimagto.com,
the internet protocol (“IP”) address of each User’s computer operating
system, type of web browser the User is using, email patterns, and the name of
the User’s internet service provider. This information is used solely to
analyse overall User trends and to help us improve our Products and services.
Please note that the link between the User’s IP address and the User’s
personally identifiable information is not shared with third parties without
such User’s permission or except when required by law or to provide or
facilitate the User with the services. Notwithstanding the above, the User
acknowledges that we reserve the right to share some of the aggregate findings,
including the information provided by the Users in an unidentifiable, aggregate
form, and not the specific data with advertisers, sponsors, investors,
strategic partners, and others in order to help grow the business. The amount
of information sent to us depends on the settings of the web browser used by
the User to access the Website. The User may refer to the browser used, if the
User wishes to learn what information is provided to us. "Cookies" are
small files placed on your hard drive that assist us in providing our services.
We place both permanent and temporary cookies in your Device's hard drive.
Information collected by cookies and other technologies are treated as
non-personal information. However, to the extent that IP addresses or similar
identifiers are considered personal information by local law, we treat any
information linked to such identifiers as Information. Similarly, to the extent
that non-personal information is combined with Personal Information, we will
treat the combined information as Personal Information. Information collected
by us, by any means whatsoever, that does not personally identify the User as
an individual (such as patterns of utilization described above) is exclusively
owned by us and may be used by us and third party service providers for
technical administration of the Website, user administration, research,
development, and other purposes. You agree and understand that we do not
exercise control over third party websites displayed as search results or links
on the Website. These other sites may place their own cookies or other files on
the Users’ computer or mobile, collect data or solicit Information from the
Users, on which we have no control and shall not be held responsible or liable.
We do not make any representations concerning the privacy practices or policies
of such third parties or terms of use of such websites, nor do we 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 us
of such websites, the websites’ provider, or the information on the website.
You understand that you may set or amend your web browsers to delete or disable
cookies. If you choose to disable cookies on your computer or mobile
telecommunication device, it may impair, degrade or restrict access to certain
areas of the Website.
10. OTHER INFORMATION THE APP COLLECTS:
The App also may
collect other information about you in ways that the App describe to you or
otherwise with your consent. You can choose not to provide us with certain
types of information, but doing so may affect your ability to avail and/or use
some services or the App.
At the time of installation
of the App, the App will require your permission to enable it to find the
location of your Device, camera usage, microphone access, SMS, mount and
un-mount file systems, etc. You acknowledge that you are agree to providing
such information to the App.
11. OPT-OUT:
The third-party
service providers with whom we may share Information provided by you are not
permitted to market their own services or send promotional e-mails or engage in
promotional communication with you. We provide you with the opportunity to
opt-out of receiving non-essential, promotional, or marketing-related
communication from itself or its partners.
If you wish to
remove your contact information from all our mailing lists and newsletters, you
can click on the "unsubscribe" link or follow the instructions in
each e-mail message. We reserve the right to limit membership based on
availability of contact information. All Users will be notified by email prior
to any actions taken.
12. ACCESS, CORRECTION AND DELETION: