1.      INTRODUCTION

1.1.   This is our official Privacy Policy which forms part of your legal agreement with us. 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 Platform, our product(s) or avail any of our service(s). This Privacy Policy has been drafted and published in accordance with the Information Technology Act 2000 and the applicable rules. This Privacy Policy constitutes a legal agreement between You, the User of the Platform and Us, the owner of the Platform. You must be a natural person who is at least 18 years of age.

1.2.   This Policy does not apply to the procedures and practices followed by entities that are not managed, owned or controlled by the Company and the Platform(www.sparebros.com) or to the people that are not engaged, employed or managed by the Company and the Platform(www.sparebros.com). This Privacy Policy shall be read together with the respective Terms and Conditions of Use of the respective Platform.

1.3.   By consenting to provide us your information or by making use of the Platform or facilities provided by the Platform, you hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information, Sensitive Personal Information and Non-Personal Information (Collectively referred to as “Information”) by the Company as specified under this Privacy Policy. You further agree that such collection, processing, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person. While providing your personal information over the Platform or any partner platforms or establishments, you consent to us (including our other corporate entities, affiliates, lending partners, technology partners, marketing channels, business partners and other third parties) to contact you through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy.

1.4.   The Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. The Users are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.

1.5.   This Privacy Policy has been provided to familiarise You with:

1.5.1.The nature of data or information that You agree to consensually share with or provide to the Platform/Company and that the Company/Platform collects from You under Your informed authorisation.

1.5.2.The purpose for collection of such data or information from You.

1.5.3. Information security practices and policies of the Company/Platform; and

1.5.4.The Company/Platforms’ policy on sharing or transferring Your data or information with third parties.

2.      USER INFORMATION

2.1.   The “Information” (which shall also include data) provided by You to the Platform/Company or collected from You by the Platform/Company may consist of “Personal Information”, “Sensitive Personal Information” and “Non-Personal Information”.

2.1.1.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 may 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 Platform (including sales or purchase history), Your financial information such as bank account information, IFSC Code, Branch Name for processing refunds ,Internet Protocol address, Any other items of ‘sensitive personal data or information’, Any other Information that You provide during Your registration process, if any, on the Platform.

2.1.2.Such Personal Information may be collected in various ways including during the course of You registering as a user on the Platform, Availing services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in an online survey or contest, communicating with the customer service by phone, email or otherwise or posting user reviews on the items available on the Platform, or Otherwise doing business on the Platform. We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access the Platform through a social media service or connect a service on the Platform 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 Platform through social media services or when you connect the Platform to social media services, you are authorizing us to collect, process, store, use and retain such information and content in accordance with this Privacy Policy.

2.1.3.Non-Personal Information: We may also collect information other than Personal Information from You through the Platform when You visit and / or use the Platform. Such information may be stored in server logs. This Non-Personal Information would not assist us 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, communication device, Information from the Links you click on the Platform, the number of times you access a page, the duration of Your stay on the Platform is also stored in the session along with the date and time of Your access.

2.1.4.Non-Personal Information is collected through various ways such through the use of cookies. We 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 Platform.

2.2.   The Company/Platform may use third-party service providers to serve ads on the Company’s’ behalf across the internet and sometimes on the Platform. They may collect Non-Personal Information about Your visits to the Platform, and Your interaction with our product(s) and service(s) on the Platform. Please do note that Personal Information and Non-Personal Information may be treated differently as per this Privacy Policy.

2.3.   The Platform contains links to other websites. We are not responsible for the privacy practices of such websites which we do not own, manage or control.

2.4.   You hereby represent that:

2.4.1.the Information You provide to the Company/Platform 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 the Company/Platform.

2.4.2.Your providing the Information to Us and Our 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.

2.4.3.The Company and each of the Company’s entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user consensually provides. You shall indemnify and hold harmless the Company and each of the Company’s 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.

2.4.4.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 and which will be at par with the security standards applied by Us.

2.5.   We are the sole owners of your information collected by us at several different points on our Platform.

3.      USE OF YOUR PERSONAL INFORMATION

3.1.   The Company/Platform 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 processing in accordance with the consent of the user) connected with a function or activity of each of our entities and shall include the following:

3.1.1. to facilitate Your use of the Platform or other services of our entities;

3.1.2. to respond to Your inquiries or fulfil Your requests for information about the various product(s) and service(s) offered on the Platform;

3.1.3.to provide You with updated information about product(s) and service(s) available on the Platform and to send You information, materials, and latest offers;

3.1.4. to send You surveys and marketing communications that the We believe may be of interest to You;

3.1.5. to help You address Your problems incurred on the Platform including addressing any technical problems;

3.1.6. if You purchase any product(s) or avail of any service(s) from the Platform, to complete and fulfil Your purchase, for example, to have Your payments and refunds processed, to communicate with You regarding Your purchase and provide You with related customer service;

3.1.7. for proper administering of the Platform;

3.1.8. to conduct internal reviews and data analysis for the Platform (e.g., to determine the number of visitors to specific pages within the Platform);

3.1.9.  to improve the services, content and advertising on the Platform;

3.1.10.   to analyse how our services are used, to measure the effectiveness of advertisements, for facilitating payments;

3.1.11.   for conducting academic research and surveys;

3.1.12.   to protect the integrity of the Platform;

3.1.13.   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;

3.1.14.   to conduct analytical studies on various aspects including user behaviour, user preferences etc.;

3.1.15.   to implement information security practices;

3.1.16.   to determine any security breaches, computer contaminant or computer virus;

3.1.17.   to investigate, prevent, or take action regarding illegal activities and suspected fraud;

3.1.18.   to undertake forensics of the concerned computer resource as a part of investigation or internal audit;

3.1.19.   You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of our entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.

4.      USER’S RIGHTS

4.1.   You agree and acknowledge that You are providing Your Information out of your free will and informed consent. You are not required to register with us in order to use our Platform. However, we offer some services only to visitors who do register.

4.2.   With respect to Information you will have the following rights/preferences:

4.2.1. access, confirm, and review Information you may have provided;

4.2.2. correct Information that may be inaccurate or irrelevant;

4.2.3. deletion and erasure of your Information from the publicly available pages of the Platform;

4.2.4. object to or restrict any form of processing you may not be comfortable with, however this will result in discontinuation of your use of the Services.

4.3.   If you wish to withdraw your consent or raise any objection to the use of your Information for receiving any direct marketing information to which you previously opted-in, you can do so by contacting our customer support. If you withdraw/object your consent, our use of your Information before you withdrew/objected shall still be lawful.

5.      THIRD PARTIES/THIRD PARTY SERVICES/THIRD PARTY ALLIANCES

5.1.   The Company/Platform may form alliances with third parties to provide you with certain services which we may use to analyse Information to personalize, drive insights and help us better your experience or reach out to you with more value-added applications, products, information and Services. We will not be liable for the privacy practices of such third-party entities and encourages you to carefully read the privacy policies and procedures of such third-parties.

5.2.   We do not sell, trade or rent your Information to any third party unless, to provide you with the Services or we have been expressly authorized by you either in writing or electronically to do so. We may at times provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third parties, however this information when disclosed will be in an aggregate form and does not contain any of your personally identifiable information.

5.3.   We may use your Information to send you promotional Information about third parties which, we think you may find interesting, if you tell us that you wish this to happen. We shall not be responsible for any disclosure of Information due to unauthorized third-party access or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our negligence or wilful default.

5.4.   We use support services of third-party platforms and/or companies to direct you to payment gateways when you opt to pay for our Services. Your financial information is collected, stored and retained by such third-party platforms. We and such third-party platforms undertake measures designed to provide a security level that is appropriate to the risks of processing your personal information and shall comply with applicable laws. However, you are requested to check and consent to the “Privacy Policy” of such third-party platforms in order to accept how such third-party platforms handle your Information.

5.5.   Once you leave the Platform, we are not liable for any use/ storage/ processing/ collection of your Information obtained by any third-party websites or payment facilitators or provided by you to these third-parties or payment facilitators. Such entities and their respective websites/platforms may be governed by their own “Privacy Policy” and “Terms of Service”, which are beyond our control.

5.6.   Some of the advertisements you see on the Site are selected and delivered by third parties, such as ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember that we do not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this privacy policy.

6.      DATA RETENTION

6.1.   The Company may retain data after account deletion for reasons including but limited to the following purposes: if there is an unresolved issue relating to your account, or an unresolved claim or dispute; if we are required to by applicable law; and/or in aggregated and/or anonymized form; or the Company may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing the User’s safety and security.

6.2.   When you send an email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our product(s) or service(s).

7.      LEGAL PROCESS/INTERACTION/INFORMATION DISCLOSURE

7.1.   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(s), payment gateway(s), pre-paid cards etc. to enable You to make payments for buying products or availing services on the Platform. 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.

7.2.   The Company may share Personal Information if the Company 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.

7.3.   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.

7.4.   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.

7.5.   Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

7.6.   Your consent to this Policy followed by your submission of such Information represents your agreement to that transfer.

7.7.   We will take all steps reasonably necessary to ensure that your Information is treated securely and in accordance with this Privacy Policy.

7.8.   We follow a strict confidentiality policy with regard to disclosure of confidential information to our employees or other personnel. There may be situations, where we may disclose the confidential information only to those of our employees and other personnel on a need to know basis. Any breach of confidential information by the employees, personnel within the Company is dealt with stringently by us.

8.      CONSENT

8.1.   We believe that every user of our Platform /Services/products must be in a position to provide an informed consent prior to providing any Information required for the use of our Platform /Services/products. By registering with/using the Platform, you are expressly consenting to our collection, processing, storing, disclosing and handling of your Information as set forth in this Policy now and as amended by us. Processing, your Information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information, all of which activities will take place in India.

8.2.    This Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Platform and voluntarily providing us with Information, you are consenting to our use of the Information, in accordance with this Privacy Policy. If you do not agree with this Policy, you may refuse or withdraw your consent any time, or alternatively choose to not provide us with any Information. Under such circumstance, we may be unable to render Services.

9.      CONSEQUENCES OF BREACH AND INDEMNIFICATION

9.1.   The Company shall be entitled to immediately suspend/terminate the Services being provided to you if any of the terms of the Policy is breached by you.

9.2.   In the event of breach of the Policy, you shall be liable to pay liquidated damages along with costs of recovery of the damages to the Company. You shall be further liable to compensate the Company for the losses incurred by the Company due to the breach of Policy by you and all legal expenses incurred.

9.3.    You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from breach of any of the terms of the Policy.

9.4.   In no event shall the Company, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to the Platform.

10.   SAFETY AND SECURITY MEASURES

10.1.                  The Company may share your Information with third parties under a confidentiality agreement which inter alia provides for such third parties to not disclose the Information further. However, the Company is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Company 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).

10.2.                  Notwithstanding anything contained in this Policy or elsewhere, the Company 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).

10.3.                  A Force Majeure Event shall mean any event that is beyond the reasonable control of the Company 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 Snapdeal), power or electricity failure or unavailability of adequate power or electricity.

10.4.                  While We will endeavour 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 an absolute assurance regarding the security of Your Personal Information.

11.   END NOTE

11.1.                  You hereby acknowledge and agree that this Privacy Policy:

11.1.1.    is clear and easily accessible and provide statements of the Company’s policies and practices with respective to the Information;

11.1.2.    provides for the various types of personal and/or non-personal data of information to be collected;

11.1.3.    provides for the purposes of collection, processing, usage and storage of the Information;

11.1.4.    for disclosure of Information; and

11.1.5.   provides for reasonable security practices and procedures

11.2.                  By using this Website, you consent to the terms of this Privacy Policy and to our use and management of Personal Information. Should a change be incorporated in this Privacy Policy, we will make all reasonable effort to inform you of the same. Your visit and any dispute over privacy are subject to this Privacy Policy. The said Policy shall be governed by and construed in accordance with the laws of the Republic of India. Further, it is irrevocably and unconditionally agreed that the courts of Jaipur, Rajasthan shall have exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.