Gesture Infotech and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, “Clapkart”) 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 Clapkart’s websites, mobile sites or mobile applications (“Website”) on the Website and otherwise doing business with Clapkart. “Associate Companies” here shall have the same meaning as ascribed in Companies Act, 2013.
- The type of data or information that You share with or provide to Clapkart and that Clapkart collects from You;
- The purpose for collection of such data or information from You;
- Clapkart’s information security practices and policies; and
- Information collected and storage of such Information:
The “Information” (which shall also include data) provided by You to Clapkart or collected from You by Clapkart may consist of “Personal Information” and “Non-Personal Information”.
- Personal Information:
- Your username 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;
- The identification code of your communication device which You use to access the Website or otherwise deal with any Clapkart 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 an online survey or contest, communicating with Clapkart’s customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
- Non-Personal Information:
Clapkart 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 Clapkart 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,
You hereby represent to Clapkart that:
- the Information you provide to Clapkart 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 Clapkart.
- Your providing the Information to Clapkart and Clapkart’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.
- 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 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 a commercially 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 Clapkart 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 Clapkart entities and shall include the following:
- to facilitate Your use of the Website or other services of Clapkart 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 Clapkart;
- 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 Clapkart 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 fulfill Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
- for the 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 programs and initiatives launched by Clapkart or third-party service providers and business associates
- to analyze how our services are used, to measure the effectiveness of advertisements, 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 behavior, 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 an 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 Clapkart;
Sharing and disclosure of Your Information
You hereby unconditionally agree and permit that Clapkart may transfer, share, disclose or part with all or any of Your Information, within and outside of your country to various Clapkart 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 a case, we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Clapkart under applicable law.
Clapkart may also share Personal Information if Clapkart 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 is operated by third parties and are not controlled by, or affiliated to, or associated with, Clapkart unless expressly specified on the Website.
Security & Retention
The security of your Personal Information is important to us. Clapkart 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, Clapkart 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 Clapkart stores Your Personal Information. Each of the Clapkart 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 Clapkart entities from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on the 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).
Clapkart 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, Clapkart is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Clapkart is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to the 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, Clapkart 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 Clapkart 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, unauthorized access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Clapkart), 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 Clapkart 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 Clapkart entity as may be notified to You. In such a case, you should neither visit any Website nor use any services provided by Clapkart entities nor shall contact any of Clapkart entities. Further, Clapkart may not deliver products to You, upon Your order, or Clapkart may deny you access from using certain services offered on the Website.
You can add or update Your Personal Information on a regular basis. Kindly note that Clapkart would retain Your previous Personal Information in its records.
For Gesture Infotech:
Under the Information Technology Act, 2000
Business / Assets Sale or Transfers
- is clear and easily accessible and provide statements of Clapkart policies and practices with respect 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.