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Privacy Policy

Privacy Policy

INTRODUCTION

The https://www.designcafe.com and any sub-site (“Website”) is made available by GS E-Commerce Private Limited (hereinafter referred to as “our”, “us”, “we”, “Company” “our affiliates”, or “our assignees”), having its registered office at No. 41, Medsoft Building, Tata Silk Farm, Kanakpura Main Road, Basavanagudi, Bangalore, Karnataka-560004, India. The manner in which this data and information is collected, retained, shared, stored, and processed by us (i.e., the Company) is addressed in this Privacy Policy (“Policy”). This Policy applies to all information collected through our Website, when you place an order for our services and/or products on the Website and/or any related services, sales, or marketing. When you access the Website and/or use our services, you trust us with your personal information. We take your privacy very seriously. In order to provide you with the services, we (i.e., the Company) need to collect various data and information from you. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Website and/or our services. You shall not assign or transfer any right or obligation that has accrued to you under this Policy and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign, novate, or transfer any or all rights and obligations that accrued in our favour under the Policy, at our sole discretion, to our subsidiaries, affiliated entities, or any other third party. Please read this Policy carefully as it will help you make informed decisions about sharing your personal information with us.  

AGE OF CONSENT

Our Website and/or services are not directed to, and we do not knowingly collect personal information from, any minor person or persons under the age of 18 (as per applicable law). If you are a minor or under 18 years of age and have entered this Website and/or services, you must immediately stop accessing or using the Website and/or services. Under no circumstances may you use this Website and/or services or submit personal information to us if you are a minor or under 18 years of age. We are committed to compliance with all applicable regulations, laws, and rules.  

TYPES OF INFORMATION WE COLLECT

By accessing or using the Website and/or the services, you consent to providing us data in the ways listed below. However, we will not collect certain data, which we regard as sensitive in nature without your explicit consent. We collect the data that is essential for us to provide you services in the best manner possible. Personal information you disclose to us: We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or services and products listed on the Website, when participating in activities on the Website or otherwise contacting us. We collect:

  • Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
  • Geolocation data. We may collect your location data from you via our or third party applications that may be notified from time to time.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. If you provide data of another person, we assume that you have properly obtained the consent subject to applicable law of that person for the provision of his/her personal data. Feedback and Other Data: Any feedback data, information or suggestion that you may provide us. Information Automatically Collected: We also automatically collect information about you and any computer or device you use to access the service. Some of the information we collect, and ways we collect it, include:

  • Cookies: When you visit the Website and/or use any service, we may send one or more cookies — small text files containing a string of alphanumeric characters — to your computer or device that allows us to uniquely identify your browser, computer, or device. This may also include information such as your Internet Protocol (“IP”) address, unique device identifiers, your browser settings and specifications, and information about how you use the Website and/or services (e.g., the pages you view, the links you click, how frequently you access the website and/or services, and other actions you take on the Website and/or services over a period of time).
  • Log Files: We may record log file information each time you access or use the Website and/or services. This information may include information such as your web request, IP address, browser type, unique device identifiers, information about your device, referring or exit pages and URLs, number of clicks and how you interact with links on the Website and/or services, domain names, landing pages, pages viewed, and other such information.
  • Clear Gifs: We may employ clear gifs (also known as web beacons or pixel tags) which may collect information about you, your computer or device such as your web request, IP address, unique device identifiers, browser type, information about your device, pages viewed, information about cookies, and all of which can show your Website and/or services usage patterns.

We do not collect any special categories of personal data (sensitive personal information) via our Website. Sensitive personal information includes: information revealing racial or ethnic origin; political opinions; religious or philosophical beliefs; trade-union membership; the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; information concerning health; information concerning a natural person’s sex life or sexual orientation; and in some cases, social security numbers or financial information. Payment Information: You will be required to select the preferred payment method from the options made available to you. This can include options such as auto-pay, payment of cash to our collection agents, or payment via UPI, or credit cards among others. Our payment/channel partners may need to verify your bank account details, date of birth, debit or credit card information, and other related details. While we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party services.   USE OF INFORMATION COLLECTED We use personal information collected via our Websites for a variety of business purposes described below. We use the information we collect or receive:

  • To provide services in the best possible manner.
  • To process payments, communicate with you about orders, products, services and promotional offers., display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you.
  • Perform internal operations necessary to provide our services.
  • To communicate with you and respond to your requests, such as to respond to your questions, contact you about changes to the services, and about new products and services.
  • To provide customer support, including to resolve your concerns from the use of the Website and/or services.
  • To send you marketing and promotional communications.
  • To send administrative information to you.
  • Fulfill and manage your orders for contractual reasons.
  • Request Feedback.
  • To enforce this Policy, and otherwise to carry out our obligations and enforce our rights in relation under this Policy and Terms of Use that may be notified by us from time to time.
  • To investigate or address claims or disputes relating to use of our services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
  • Trying to protect against or prevent actual or potential fraud or unauthorized transactions or investigating fraud which has already taken place.
  • For any other lawful purpose, or other purpose that you consent to.

RETENTION OF INFORMATION

We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If you wish that we no longer use your information to provide you services, contact us at happiness@designcafe.com and we will respond to your request to access or delete your information within 30 (thirty) days of receipt of such request. In addition, some types of information may be stored for an infinite duration due to legal requirements or technical constraints, and will, if practical, be blocked from further processing for purposes which are not mandatory by law or when a consent is withdrawn. The information that you provide may be stored or transferred in our systems or on the systems provided by our third parties.  

COMMITMENT TO DATA SECURITY

We strive to keep your personal information secure and take reasonable effort to ensure that appropriate security and technical controls are implemented to ensure data security. However, please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take into account the sensitivity of the personal information we collect, process and store, and the current state of technology to use these measures protect your personal information, we cannot guarantee its absolute security.  We use appropriate technical and organizational security measures to ensure a level of protection for personal data appropriate to the nature, scope and purpose of processing personal data, the risks associated with such processing, and the likelihood and severity of the harm that may result from such processing. You as the user of the Website are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Website. Unauthorized access to such areas is prohibited and may lead to legal consequences. We also do not guarantee that personal data will be completely protected. Any transmission of personal data by you is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, including through the illegal acts of third parties.  

SHARING OF INFORMATION

We use one or more outside payment processing companies to bill you for the products and services listed on the Website. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purposes. We are very protective about your data and do not share any sensitive or personal data about you with any third parties unless necessary. However, we may share your information with third parties in the following circumstances:

  • To dealers and distributors of the products so that the products are delivered to you in a time bound manner.
  • To service providers, subcontractors, partners, vendors, consultants, and others companies (whether in or outside India) that help us service you in the best possible manner or in relation to any of our legitimate business purposes.
  • To our affiliates, parent companies, subsidiaries, and other related companies (whether in or outside India), all for the purposes noted above or otherwise in this Policy.
  • To third parties for research, marketing or advertising purposes.
  • To allow Us to pursue available remedies or limit the damages that We may sustain.
  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets, we may have to disclose our databases and information we have stored in the course of our operations.
  • To other third parties subject to your consent.
  • To enforce this Policy, and otherwise to carry out our obligations and enforce our rights in relation under this Policy and Terms of Use that may be notified by us from time to time.
  • To allow Us to pursue available remedies or limit the damages that We may sustain.
  • To any governmental authority or law enforcement officers who request or require any information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process.

RIGHT OF RECTIFICATION OR OBJECTION

You have the right to ask us to rectify any inaccurate personal information concerning you. You may request to review, correct, update, suppress or object to the use or processing of your personal information that’s collected through Website. You may review, update, correct or delete your personal information collected through the Websites and/or services by e-mailing us at happiness@designcafe.com. In your request, please make clear what personal information you would like to have changed, whether you would like to have your personal information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personal information that you have provided to us. We may need to verify your identity, before processing your request. While we endeavour to handle all requests quickly, however in certain cases depending on the nature of the problem and appropriate next steps, we may take upto 30 (thirty) days. You also have the right to erase your personal information. You also have a right to object to us processing your personal information in certain circumstances. However, such a right to object may not exist in certain situations, for e.g. if the processing of your personal information is necessary (as applicable) to fulfil your orders, to take steps prior to entering into a contract, to perform a contract already concluded, or if the personal information is relevant to a legal dispute or complying with applicable law. In such cases, we may not stop processing your personal information. You also have the right to lodge a complaint under applicable law for an alleged privacy breach. Please note that We may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. In addition, there may be certain information to which we are unable to enable you to review, for legal, security, or other reasons.  

THIRD-PARTY SERVICES

By placing an order on our Website, you hereby give us an unconditional consent and authority to share your information with dealers and distributors of the products listed on the Website so that such products are delivered to you in a time bound manner. We may also share your personal Information with certain companies that perform services on our behalf. We do not sell or otherwise provide your personal information to other companies for the marketing of their own products or services. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our Website or are redirected to a third-party website or application, you are no longer governed by this Policy or the Terms of Service/Use for our Website.  

CHANGES TO THIS PRIVACY POLICY

We may update this Policy from time to time. Your continued access of the Website and/or use of our services after an update constitutes consent to the updated notice to the extent permitted by law. Please periodically review this Policy for the latest information on our privacy practices.  

COMMUNICATIONS

We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend the Website and/or services for maintenance, or security, privacy, or administrative-related communications). We send these to you via SMS/push notifications/email/instant messaging, as we deem fit.  

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a request, or simply want more information contact us at happiness@designcafe.com.  

GRIEVANCE OFFICER

This Policy 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 this Policy and Terms of Use) by any other person, can notify their complaints to us. In accordance with Information Technology Act, 2000 and rules made there under, the name and the contact details of the Grievance Officer appointed are provided as hereunder: Our data grievance officer is: Amar Krishna Murthy accessible via email at: amark@designcafe.com . You can contact the officer confidentially by email to enquire about the treatment of your personal information.  

DISPUTE RESOLUTION

Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Policy will be governed by the laws of India and will be referred to confidential, mandatory and binding arbitration in Bengaluru, India. The arbitration will be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitrator’s award shall be substantiated in writing and will be final and binding on you and us. Subject to the above, you agree to submit yourself to the exclusive jurisdiction of the Courts in Bengaluru, India.