Privacy Policy
This privacy policy is
an electronic record in the form of an electronic contract formed under the
information technology act, 2000 and the rules made thereunder and the amended
provisions pertaining to electronic documents / records in various statutes as
amended by the information technology act, 2000. this privacy policy does not
require any physical, electronic or digital signature.
This privacy policy is a
legally binding document between you and OBA(both terms defined below). the
terms of this privacy policy will be effective upon your acceptance of the same
(directly or indirectly in electronic form, by clicking on the i accept tab or
by use of the website or by other means) and will govern the relationship
between you and OBASELL.COM for your use of the website (defined below).
This document is
published and shall be construed in accordance with the provisions of the
information technology (reasonable security practices and procedures and
sensitive personal data of information) rules, 2011 under information
technology act, 2000; that require publishing of the privacy policy for
collection, use, storage and transfer of sensitive personal data or
information.
Please read this privacy
policy carefully. by using the website, you indicate that you understand, agree
and consent to this privacy policy. if you do not agree with the terms of this
privacy policy, please do not use this website. you hereby provide your
unconditional consent or agreements to OBA as provided under section 43a and
section 72a of information technology act, 2000.
By providing us your
Information or by making use of the facilities provided by the Website, You
hereby consent to the collection, storage, processing and transfer of any or
all of Your Personal Information and Non-Personal Information by OBASELL.COM as
specified under this Privacy Policy. You further agree that such collection, use,
storage and transfer of Your Information shall not cause any loss or wrongful
gain to you or any other person.
OBASELL.COM") is/are
concerned about the privacy of the data and information of users (including
sellers and buyers/customers whether registered or non-registered) accessing,
offering, selling or purchasing products or services on Digital Market's
websites, mobile sites or mobile applications ("Website") on the
Website and otherwise doing business with Digital Market. "Associate
Companies" here shall have the same meaning as ascribed in Companies Act,
2013.
The terms "We"
/ "Us" / "Our" individually and collectively refer to each
entity being part of the definition of OBASELL.COM and the terms "You"
/"Your" / "Your self" refer to the users. This Privacy
Policy is a contract between You and the respective OBASELL.COM entity whose Website
You use or access or You otherwise deal with. This Privacy Policy shall be read
together with the respective Terms Of Use or other terms and condition of the
respective OBA entity and its respective Website or nature of business of the
Website.
OBA has provided this
Privacy Policy to familiarise You with:The type of data or information that You
share with or provide to OBA and that OBA collects from You;
The purpose for
collection of such data or information from You;
OBA's information
security practices and policies; and
OBA's policy on sharing
or transferring Your data or information with third parties. This Privacy
Policy may be amended / updated from time to time. Upon amending / updating the
Privacy Policy, we will accordingly amend the date above. We suggest that you
regularly check this Privacy Policy to apprise yourself of any updates. Your
continued use of Website or provision of data or information thereafter will
imply your unconditional acceptance of such updates to this Privacy Policy.
Information
collected and storage of such Information.The "Information" (which
shall also include data) provided by You to OBA or collected from You by OBA may
consist of "Personal Information" and "Non-Personal
Information".
Personal
Information:
Personal Information is
Information collected that can be used to uniquely identify or contact You.
Personal Information for the purposes of this Privacy Policy shall include, but
not be limited to:
Your user name along with Your password,
Your name,
Your address,
Your telephone number,
Your e-mail address or other contact information,
Your date of birth,
Your gender,
Information
regarding your transactions on the Website, (including sales or purchase
history),
Your
financial information such as bank account information or credit card or debit
card or other payment instrument details
Internet Protocol
address,
Any other items of
'sensitive personal data or information' as such term is defined under the
Information Technology (Reasonable Security Practices And Procedures And Sensitive
Personal Data Of Information) Rules, 2011 enacted under the Information
Technology Act, 2000;
Identification code of
your communication device which You use to access the Website or otherwise deal
with any OBASELL.COM entity,
Any other Information
that You provide during Your registration process, if any, on the Website. Such
Personal Information may be collected in various ways including during the
course of You:
Registering as a user on
the Website,
Registering as a
seller on the Website,
Availing certain
services offered on the Website. Such instances include but are not limited to
making an offer for sale, online purchase, participating in any online survey
or contest, communicating with Digital Market's customer service by phone,
email or otherwise or posting user reviews on the items available on the
Website, or
Otherwise doing business
on the Website or otherwise dealing with any OBA entity. We may receive
Personal information about you from third parties, such as social media
services, commercially available sources and business partners. If you access
Website through a social media service or connect a service on Website to a
social media service, the information we collect may include your user name
associated with that social media service, any information or content the
social media service has the right to share with us, such as your profile
picture, email address or friends list, and any information you have made
public in connection with that social media service. When you access the
Website or otherwise deal with any OBAentity through social media services or
when you connect any Website to social media services, you are authorizing OBA to
collect, store, and use and retain such information and content in accordance
with this Privacy Policy.
Non-Personal
Information:
OBAmay also collect
information other than Personal Information from You through the Website when
You visit and / or use the Website. Such information may be stored in server
logs. This Non-Personal Information would not assist OBA to identify You
personally. This Non-Personal Information may include:
Your geographic
location,
Details of Your telecom
service provider or internet service provider,
the type of browser
(Internet Explorer, Firefox, Opera, Google Chrome etc.),
the operating system of
Your system, device and the Website You last visited before visiting the
Website,
The duration of Your
stay on the Website is also stored in the session along with the date and time
of Your access, Non-Personal Information is collected through various ways such
through the use of cookies. OBA may store temporary or permanent 'cookies' on
Your computer. You can erase or choose to block these cookies from Your
computer. You can configure Your computer's browser to alert You when we attempt
to send You a cookie with an option to accept or refuse the cookie. If You have
turned cookies off, You may be prevented from using certain features of the
Website.
Ads: OBA may use
third-party service providers to serve ads on OBA's behalf across the internet
and sometimes on the Website. They may collect Non-Personal Information about
Your visits to the Website, and Your interaction with our products and services
on the Website. Please do note that Personal Information and Non Personal
Information may be treated differently as per this Privacy Policy
You hereby represent to OBA
that.the Information you provide to OBA from time to time is and shall be
authentic, correct, current and updated and You have all the rights,
permissions and consents as may be required to provide such Information to OBA.
Your providing the
Information to OBA and Digital Market's consequent storage, collection, usage,
transfer, access or processing of the same shall not be in violation of any
third party agreement, laws, charter documents, judgments, orders and decrees. OBA
and each of OBA entities officers, directors, contractors or agents shall not
be responsible for the authenticity of the Information that You or any other
user provide to Digital Market. You shall indemnify and hold harmless OBA and
each of OBA entities officers, directors, contracts or agents and any third
party relying on the Information provided by You in the event You are in breach
of this Privacy Policy including this provision and the immediately preceding
provision above.
Your Information will
primarily be stored in electronic form however certain data can also be stored
in physical form. We may store, collect, process and use your data in countries
other than Republic of India but under compliance with applicable laws. We may
enter into agreements with third parties (in or outside of India) to store or
process your information or data. These third parties may have their own
security standards to safeguard your information or data and we will on
commercial reasonable basis require from such third parties to adopt reasonable
security standards to safeguard your information / data.
Purpose for collecting,
using, storing and processing Your Information OBA collects, uses, stores and
processes Your Information for any purpose as may be permissible under
applicable laws (including where the applicable law provides for such
collection, usage, storage or processes in accordance with the consent of the
user) connected with a function or activity of each of OBA entities and shall
include the following:
To facilitate your
use of the Website or other services of OBA entities;
To respond to your
inquiries or fulfill your requests for information about the various products
and services offered on the Website;
To provide you with
information about products and services available on the Website and to send
you information, materials, and offers from OBA;
To send you
important information regarding the Website, changes in terms and conditions,
user agreements, and policies and/or other administrative information;
To send You surveys and
marketing communications that OBA believes may be of interest to You;
to personalize
Your experience on the Website by presenting advertisements, products and
offers tailored to Your preferences;
to help You
address Your problems incurred on the Website including addressing any
technical problems;
if You purchase
any product or avail of any service from the Website, to complete and fulfil
Your purchase, for example, to have Your payments processed, communicate with
You regarding Your purchase and provide You with related customer service;
For proper administering
of the Website;
To conduct internal
reviews and data analysis for the Website (e.g., to determine the number of
visitors to specific pages within the Website),To improve the services, content
and advertising on the Website:To provide value added services such as Single
Sign On. Single Sign On shall mean a session/user authentication process that
permits a user to enter his/her name or mobile number or e-mail address or any
combination thereof and password in order to access multiple websites and
applications;
to facilitate various
programmes and initiatives launched by OBA or third party service providers and
business associates
To analyze how our
services are used, to measure the effectiveness of advertisements, to
facilitating payments
To conducting academic
research and surveys
To protect the
integrity of the Website;
To respond to
legal, judicial, quasi judicial process and provide information to law
enforcement agencies or in connection with an investigation on matters related
to public safety, as permitted by law;
To conduct
analytical studies on various aspects including user behaviour, user
preferences etc.;
To permit third
parties who may need to contact users who have bought products from the Website
to facilitate installation, service and any other product related support;
To implement information
security practices;
To determine any
security breaches, computer contaminant or computer virus;
To
investigate, prevent, or take action regarding illegal activities and suspected
fraud,
To
undertake forensics of the concerned computer resource as a part of
investigation or internal audit;
to trace
computer resources or any person who may have contravened, or is suspected of
having or being likely to contravene, any provision of law including the
Information Technology Act, 2000 that is likely to have an adverse impact on
the services provided on any Website or by OBASELL.COM;
To enable a
potential buyer or investor to evaluate the business of OBA(as further
described in paragraph 8 of the Privacy Policy). [Individually and collectively
referred to as ("Purposes")] You hereby agree and acknowledge that
the Information so collected is for lawful purpose connected with a function or
activity of each of the OBA entities or any person on their respective behalf,
and the collection of Information is necessary for the Purposes.
Sharing and disclosure
of Your Information
You hereby
unconditionally agree and permit that OBA may transfer, share, disclose or part
with all or any of Your Information, within and outside of the Republic of
India to various OBA entities and to third party service providers / partners /
banks and financial institutions for one or more of the Purposes or as may be
required by applicable law. In such case we will contractually oblige the
receiving parties of the Information to ensure the same level of data
protection that is adhered to by OBASELL.COM under applicable law.
You acknowledge and
agree that, to the extent permissible under applicable laws, it is adequate
that when OBA transfers Your Information to any other entity within or outside
Your country of residence, OBA will place contractual obligations on the
transferee which will oblige the transferee to adhere to the provisions of this
Privacy Policy.
OBASELL.COM may share
statistical data and other details (other than Your Personal Information)
without your express or implied consent to facilitates various programmes or
initiatives launched by Digital Market, its affiliates, agents, third party
service providers, partners or banks & financial institutions, from time to
time. We may transfer/disclose/share Information (other than Your Personal
Information) to those parties who support our business, such as providing
technical infrastructure services, analyzing how our services are used,
measuring the effectiveness of advertisements, providing customer / buyer
services, facilitating payments, or conducting academic research and surveys.
These affiliates and third party service providers shall adhere to
confidentiality obligations consistent with this Privacy Policy.
Notwithstanding the above, We use other third parties such as a credit/debit
card processing company, payment gateway, pre-paid cards etc. to enable You to
make payments for buying products or availing services on Digital Market. When
You sign up for these services, You may have the ability to save Your card
details for future reference and faster future payments. In such case, We may
share Your relevant Personal Information as necessary for the third parties to
provide such services, including your name, residence and email address. The
processing of payments or authorization is solely in accordance with these
third parties policies, terms and conditions and we are not in any manner
responsible or liable to You or any third party for any delay or failure at
their end in processing the payments.
OBASELL.COM may also share
Personal Information if OBA believes it is necessary in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any person,
violations of various terms and conditions or our policies.
We reserve the right to
disclose your information when required to do so by law or regulation, or under
any legal obligation or order under law or in response to a request from a law
enforcement or governmental agency or judicial, quasi-judicial or any other
statutory or constitutional authority or to establish or exercise our legal
rights or defend against legal claims.
You further agree that
such disclosure, sharing and transfer of Your Personal Information and
Non-Personal Information shall not cause any wrongful loss to you or to any
third party or any wrongful gain to us or to any third party.
Links to third party
websites
Links to third-party
advertisements, third-party websites or any third party electronic
communication service may be provided on the Website which are operated by
third parties and are not controlled by, or affiliated to, or associated with, OBASELL.COM unless expressly specified on the Website.
OBASELL.COM is not responsible
for any form of transmission, whatsoever, received by you from any third party
website. Accordingly, OBASELL.COM does not make any representations concerning the
privacy practices or policies of such third parties or terms of use of such
third party websites, nor does OBASELL.COM control or guarantee the accuracy,
integrity, or quality of the information, data, text, software, music, sound,
photographs, graphics, videos, messages or other materials available on such
third party websites. The inclusion or exclusion does not imply any endorsement
by OBA of the third party websites, the website's provider, or the information
on the website. The information provided by you to such third party websites
shall be governed in accordance with the privacy policies of such third party
websites and it is recommended that you review the privacy policy of such third
party websites prior to using such websites.
Security & Retention
The security of your
Personal Information is important to us. OBASELL.COM strives to ensure the security of
Your Personal Information and to protect Your Personal Information against
unauthorized access or unauthorized alteration, disclosure or destruction. For
this purpose, OBASELL.COM adopts internal reviews of the data collection, storage and
processing practices and security measures, including appropriate encryption
and physical security measures to guard against unauthorized access to systems
where OBA stores Your Personal Information. Each of the OBASELL.COM entity shall adopt
reasonable security practices and procedures as mandated under applicable laws
for the protection of Your Information. Provided that Your right to claim
damages shall be limited to the right to
claim only statutory
damages under Information Technology Act, 2000 and You hereby waive and release
all OBA entities from any claim of damages under contract or under tort.
If you choose a payment
gateway to complete any transaction on Website then Your credit card data may
be stored in compliance with industry standards/ recommended data security
standard for security of financial information such as the Payment Card
Industry Data Security Standard (PCI-DSS).
OBA may share your
Information with third parties under a confidentiality agreement which inter
alia provides for that such third parties not disclosing the Information
further unless such disclosure is for the Purpose. However, OBA is not
responsible for any breach of security or for any actions of any third parties
that receive Your Personal Information. OBA is not liable for any loss or
injury caused to You as a result of You providing Your Personal Information to
third party (including any third party websites, even if links to such third
party websites are provided on the Website).
Notwithstanding anything
contained in this Policy or elsewhere, OBA shall not be held responsible for
any loss, damage or misuse of Your Personal Information, if such loss, damage
or misuse is attributable to a Force Majeure Event (as defined below). A Force
Majeure Event shall mean any event that is beyond the reasonable control of OBA
and shall include, without limitation, sabotage, fire, flood, explosion, acts
of God, civil commotion, strikes or industrial action of any kind, riots,
insurrection, war, acts of government, computer hacking, unauthorised access to
computer, computer system or computer network,, computer crashes, breach of security
and encryption (provided beyond reasonable control of Digital Market), power or
electricity failure or unavailability of adequate power or electricity.
While We will endeavor
to take all reasonable and appropriate steps to keep secure any Personal
Information which We hold about You and prevent unauthorized access, You
acknowledge that the internet or computer networks are not fully secure and
that We cannot provide any absolute assurance regarding the security of Your
Personal Information.
You agree that all
Personal Information shall be retained till such time required for the Purpose
or required under applicable law, whichever is later. Non-Personal Information
will be retained indefinitely.
User discretion and opt
out
You agree and
acknowledge that You are providing your Information out of your free will. You
have an option not to provide or permit OBA to collect Your Personal
Information or later on withdraw Your consent with respect to such Personal
Information so provided herein by sending an email to the grievance officer or
such other electronic address of the respective OBA entity as may be notified
to You. In such case, you should neither visit any Website nor use any services
provided by OBA entities nor shall contact any of OBA entities. Further, OBA may
not deliver products to You, upon Your order, or OBA may deny you access from
using certain services offered on the Website.
You can add or update
Your Personal Information on regular basis. Kindly note that OBA would retain
your previous Personal Information in its records.
Grievance Officer
If you find any
discrepancies or have any grievances in relation to the collection, storage,
use, disclosure and transfer of Your Personal Information under this Privacy
Policy or any terms of OBA's Terms of Use, Term of Sale and other terms and
conditions or polices of any OBAentity, please contact the following:
Er Ashif Chauhan, the
designated grievance officer under Information Technology Act, 2000
E-mail: Digitaloba@gmail.com
The details of the
grievance officer may be changed by us from time to time by updating this
Privacy Policy.
Business / Assets Sale
or Transfers
OBA may sell, transfer
or otherwise share some or all of its assets, including Your Information in
connection with a merger, acquisition, reorganization or sale of assets or
business or in the event of bankruptcy. Should such a sale or transfer occur,
such OBA entity will reasonably ensure that the Information you have provided
and which we have collected is stored and used by the transferee in a manner
that is consistent with this Privacy Policy. Any third party to which any of OBA
entity transfers or sells as aforesaid will have the right to continue to use
the Information that you provide to us or collected by us immediately prior to
such transfer or sale.
Further Acknowledgements
You hereby acknowledge
and agree that this Privacy Policy:
Is clear and easily
accessible and provide statements of OBA policies and practices with respective
to the Information;
Provides for the various
types of personal or sensitive personal data of information to be collected;
Provides for the
purposes of collection and usage of the Information;
Provides for disclosure
of Information; and provides for reasonable security practices and procedures.