Last updated [July 25, 2020]

1. INTRODUCTION

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 AJILIYAA (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 USE OF THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND AJILIYAA FOR YOUR USE OF THE WEBSITE I.E. WWW.AJILIYAA.COM.

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 AJILIYAA 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 Ajiliyaa 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.

Ajiliyaa and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, “Ajiliyaa”) is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing, or purchasing products or services on Ajiliyaa websites, mobile sites or mobile applications (“Website”) on the Website and otherwise doing business with Ajiliyaa. “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 Ajiliyaa and the terms “You” /”Your” / “Yourself” refer to the users. This Privacy Policy is a contract between You and the respective Ajiliyaa entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms and Conditions or other terms and condition of the respective Ajiliyaa entity and its respective Website or nature of business of the Website.

We reserve the right to make changes to this Privacy Policy at any time and for any reason.  We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy.  Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

2. APPLICABILITY:

This Privacy Policy applies exclusively to this Website with immediate effect and by visiting our Website you agree to be bound by this Privacy Policy.

This Privacy Policy is binding upon you on each occasion when you visit the Website including while

-registering yourself on Website,
-undertaking any transaction on the Website,
-accessing blog page on the Website,
-transacting with AJILIYAA etc.

This Privacy Policy does not apply to entities which are not managed, owned or controlled by AJILIYAA or to the people who are not engaged, employed or managed by AJILIYAA.

 

  1. COLLECTION OF INFORMATION:

The “Information” (which shall also include data) provided by You to Ajiliyaa or collected from You by Ajiliyaa 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 including OTP,
  • 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 Ajiliyaa 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 Ajiliyaa’s customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or media services or when you connect any Website to social media services, you are authorizing Ajiliyaa to collect, store, and use and retain such information and content in accordance with this Privacy Policy.
  • Non-Personal Information:

Ajiliyaa may 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 Ajiliyaa 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.
    • Your installed packages information
  1. USE OF INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Site to

(a) Send AJILIYAA any feedback on any products;

(b) Seek consultation with AJILIYAA

(c) Subscribe to AJILIYAA’s news-letters, blog or receive any updates on special offers that are offered by AJILIYAA;

(d) Inquire about AJILIYAA’s products;

(e) Place a purchase order for any merchandise through the Website;

(f) Create/register an online-account with AJILIYAA or subsequently update any information so provided;

(g) Conduct online surveys;

(h) Seek refund of any payment made.

(i) Perform other business activities as needed.

(j) Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

(k) Process payments and refunds.

For avoidance of doubt, AJILIYAA is under no obligation to verify the source of your personal information or sensitive personal data/information and shall not be responsible for authenticity of the information provided by you. You may choose to withdraw this consent (unsubscribe) by writing an e-mail to the AJILIYAA. However, rendering of any assistance by AJILIYAA is contingent upon your continued consent to AJILIYAA’s usage of your personal information or sensitive personal data/information as aforesaid.

The information so collected enables AJILIYAA to keep record of the number of visits, average time spent on the Website, various web-pages/ products viewed, etc. in order to improve the content of the Website and its functionality, analyse online data generated on Website to give personalized shopping experience to the visitor, improve order processing and delivery/shipping logistics, etc. and thus give the visitor an overall enriching experience on every visit.

  1. DISCLOSURE OF INFORMATION

You hereby unconditionally agree and permit that Ajiliyaa may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Ajiliyaa 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 Ajiliyaa under applicable law.

You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Ajiliyaa transfers Your Information to any other entity within or outside your country of residence, Ajiliyaa will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

You unconditionally agree and permit Ajiliyaa to access and read your SMS to autofill or prepopulate ‘OTP’ while making a transaction and to validate your mobile number.

Ajiliyaa 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 Ajiliyaa, 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 Ajiliyaa. When You sign up for these services, You may have the ability to save Your card details and/or UPI 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.

Ajiliyaa may also share Personal Information if Ajiliyaa believe 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.

6. TRACKING TECHNOLOGIES

Cookies and Web Beacons

Amiliyaa may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

Internet-Based Advertising

Additionally, Ajiliyaa may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives.  This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.

Website Analytics

Ajiliyaa may also partner with selected third-party vendors [Google Analytics and others], to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site , determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors.

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

7. 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, Ajiliyaa unless expressly specified on the Website.

Ajiliyaa is not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Ajiliyaa 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 Ajiliyaa 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 Ajiliyaa 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.

8. SECURITY

AJILIYAA is committed to protecting the information received from you. Reasonable technical and management practices have been put in place to protect the confidentiality, security and integrity of information received from visitor on our Website and stored on our system. While we implement the above security measures on this Website, you should be aware that 100% security is not always possible and therefore should be careful while using a shared computer network of computer resource. You are requested to sign off from the Website when finished using a shared computer.

The Website redirects you to a payment gateway for making payment. The payment gateway site encrypts your personal information using secure socket layer technology to provide for the secure transmission of the information. For avoidance of doubt, it is clarified that AJILIYAA does not have any access to the data keyed on payment gateway sites.

If you are a registered user with our Website, we suggest that you do not share your login-id or password with any person. We strongly recommend you to change your login password frequently.

While accessing Website if you observe any suspicious activity on the computer resource, you are requested to change your password immediately.

Please note that AJILIYAA will never send you request e-mail or call you for sharing your password. If you receive any such e-mail or call requesting password, please inform AJILIYAA representatives immediately by sending us an e-mail at [email protected]

Our Website may provide links to other websites owned/controlled by third parties. While AJILIYAA tries to link only to websites that share our high standards and respect for privacy, AJILIYAA has no control over these websites and our Privacy Policy does not apply to these third-party websites. It is clarified that AJILIYAA is not responsible for the content or privacy policies employed by such third-party sites and accordingly requests you to use discretion while visiting such links.

Any visitor who has received an invitation to join or register on the Website may choose not to receive such invitations in future by following the instructions in the e-mail invitation. If you are already a registered member/visitor, you may choose not to receive such invitations by changing your preferences by sending an email to [email protected] AJILIYAA will take commercially reasonable steps to implement you opt-out requests promptly, but you may still receive communications from us for up to fifteen business days as we process your request.

9. 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 Ajiliyaa 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 Ajiliyaa entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Ajiliyaa entities nor shall contact any of Ajiliyaa entities. Further, Ajiliyaa may not deliver products to You, upon Your order, or Ajiliyaa 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 Ajiliyaa would retain Your previous Personal Information in its records.

 10. APPLICABLE LAW AND JURISDICTION:

These Terms of Privacy Policy and all transactions entered into on or through the Website and the relationship between You and Ajiliyaa shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Privacy Policy, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Ajiliyaa shall be subject to the exclusive jurisdiction of the courts at Surat, Gujarat, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

11. Arbitration

If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Privacy Policy, Terms of Use and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Ajiliyaa. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Surat, Gujarat. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

12. GRIEVANCES

This page 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 our Privacy Policy and Terms of Use) by any other person, can notify their complaints to us.

Further, as per Rule 3(4) of the IT Rules, the Grievance Officer shall acknowledge or respond to Your communication of violation of Rule 3, by any other person, within 36 (thirty six) hours, and the complaints shall be redressed within 1 (one) month from the date of receipt of the complaint.

In accordance with Information Technology Act, 2000 and rules made there under, the name and the contact details of the Grievance Officer are provided:

Name:________
Address: ________
Phone No –_________
Email id – _________

13. Further Acknowledgements

You hereby acknowledge and agree that this Privacy Policy:

    • is clear and easily accessible and provide statements of Ajiliyaa 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.

14. MISCELLANEOUS

In case of a conflict in any terms of Privacy Policy, the decision of AJILIYAA shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.

Please also read Terms and Conditions as set out on the Website. By accessing the Website, it shall be deemed that you have read the Terms and Conditions and this policy and the same are acceptable and binding upon you