This Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder. This Policy does not require any physical, electronic or digital signature. This Policy shall be deemed to be incorporated into the terms of service of the Website (“Terms of Service”) and shall be read in addition to the Terms of Service. In the event of any conflict between this Policy and the Terms of Service, the interpretation placed by us shall be final and binding on you.
This Policy is being framed in view of the Information Technology Act, 2000 read with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
By accepting this Policy, you understand and agree to the collection, use, sharing and processing of personal information as described herein. If you provide us with personal information about someone else, you confirm that (a) such information is accurate and up-to-date; (b) such person is aware that you have provided their information; and (c) they consent to both the disclosure and the use/processing of their information in accordance with this Policy. This Policy applies to all the current and former visitors, users and others who access the Website.
This Policy describes the types of information we collect, why and how we use the information, with whom we share it, and the choices you can make about our use of the information. This Policy also describes the measures we take to protect the security of the information and how you can contact us about our privacy practices.
By accessing or using the Website or giving us your information or otherwise clicking to accept this Policy, if and when prompted on the Website, you expressly consent to our use and disclosure of your Personal Information (as defined below) including SPDI (as defined below) in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use/access the Website.
In case you wish to avail any or all of the services provided by us on the Website, you are required to register on the Website and thereafter access the Website using the login credentials provided by you at the time of registration (“Login Credentials”) or use the Website as set out in the Terms of Service. You hereby explicitly agree that your use of the Login Credentials and the Website shall be governed by the Terms of Service read with the terms of this Policy.
SECTION 1 – TYPES OF INFORMATION COLLECTED
Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, physical temporary and personal address, telephone number, date of birth, age, gender, e-mail address, or any other contact information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to: passwords, financial information (bank accounts, credit and debit cards or other payment instruments), physical information. We limit the collection of Personal Information to that what is necessary for its intended purpose.
Non-Personal Information: Non-personal information means information that does not specifically identify an individual, but includes information from you, such as your browser type, the URL of the previous websites you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. We may gather any non-personal information regarding how many people visit the Website, the pages they visit, their IP address, browser types and versions used while visiting the Website (hereinafter referred to as “Non-Personal Information”). We may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by us.
Usage Information: Usage Information includes without limitation all data and information collected automatically through the Website (or through the third party analytics service providers), by use and access of the Website in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Website including without limitation Non-Personal Information, cookies, Website traffic, time spent on the Website, number of visits to the Website and other similar information and behaviour indicating the mode and manner of use of the Website (hereinafter referred to as the “Usage Information”).
Personal Information, SPDI, Non-Personal Information and Usage Information hereinafter shall be referred to as “Information”.
SECTION 2 – COLLECTION OF INFORMATION
We may collect Information from you when you (a) register on the Website; (b) update or change personal details in your account; (c) use the Website for any of the services being offered thereon (including, when you report a problem with the Website and/or the services); (d) voluntarily participate in campaigns conducted by us on the Website or respond to questionnaires published by us on the Website (if any); (e) voluntarily complete a customer survey or provide feedback in relation to the products and services provided on the Website or leave comments on the Website; and (f) when you carry out transactions on the Website.
You hereby acknowledge and agree that all Information is provided by you to us is voluntarily and the Information provided by you is not subject to any undue influence.
You are also required to provide your billing address as well as credit/debit card details which may be aligned with third party payment wallets. We will use this Information only for processing orders, billing and delivery purposes. For your convenience, we or an authorised payment gateway saves the billing information and remembers certain details of the payment choices made by you in the event you would like to carry out any other transaction and/or place an order on the Website again.
We may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the Website like your Internet Protocol address, your Operating System, your prior search results etc., which may or may not be publicly accessible.
Information collected by us from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
You may use the Website without providing us any Information about yourself. However, you may not be able to access certain services of the Websites in case you choose to do so.
SECTION 3 – USE OF INFORMATION
We use the Information you provide to (a) manage your account (including, maintenance of informal records of payments and other transactions that take place within a group); (b) fulfil your requests for the products and services offered on the Website, i.e., to process and deliver your orders placed on the Website (including to manage payments, fees and charges and collect and recovery money owed to us); (c) respond to your inquiries about its offerings and the transactions carried out on the Website; (d) provide you with information about products and services available on the Website and offer you other products and services that we believe may be of interest to you; (e) resolve any glitches on the Website including addressing any technical problems; (f) improve the services and content on the Website and your experience of navigating through the Website and carrying out transactions on the Website; and (f) manage our relationship with you.
We may use the Information to monitor your use of the services and may review and analyse the Information provided by you to provide you with customized service.
We may use your Non-Personal Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services and identifying usage trends. Subject to and in accordance with applicable laws, we have the right to use your Information for the purpose of conducting promotional/marketing related activities on the Website, including but not limited to, using your Personal Information for making posters/banners to promote our services.
When you send an email message or otherwise contact us through the Website, we may use the Information provided by you to respond to your communication by way of Short Message Service (SMS), email or any other communication channels that we may deem fit. We may also archive such Information and/or use it for future communications with you to inform you regarding updates, newsletters, offers, new services and promotions.
SECTION 4 – INFORMATION SHARING
We maintain your Information in electronic form on our devices and on the equipment of our employees. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis.
We do not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent or to provide services you have requested for or under the following circumstances:
(a) We may share Information with our partners, and affiliates to contact you via email, phone, or otherwise for the provision of services being availed by you on the Website.
(b) In order to process your transactions, we may direct you to a payment gateway service provider of our own choice, which may have access to the Information provided by you while making such payment.
(c) We may engage third party vendors and/or contractors to perform certain support services, who may have limited access to Information.
(d) We may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency’s request.
SECTION 5 –THIRD PARTY SERVICE PROVIDERS
The Website may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such websites or otherwise visiting any such websites, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites.
SECTION 6 – DISCLOSURE TO ACQUIRERS
We may disclose and/or transfer Information to an investor, acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of our entity, business or assets.
SECTION 7 – CONTROL OVER YOUR PERSONAL INFORMATION
You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to us in writing through an email at orders@Nova Novafoods.com requesting the same. If you at any time wish to rectify your Personal Information, you may write to us though an email at orders@Nova Novafoods.com.
Once you withdraw your consent to share the Personal Information collected by us, we shall have the option not to fulfil the purposes for which the said Personal Information was sought and we may restrict you from using the services on the Website and/or the Website itself.
If you wish to delete your account, and thereby discontinue using the services provided by us on the Website, you may do so at any time, in accordance with the Terms of Service.
SECTION 8 – RECTIFICATION/CORRECTION OF PERSONAL INFORMATION
You shall have the right to review your Personal Information submitted by you on the Website and to modify or delete any Personal Information provided by you directly on the Website. You hereby understand that any such modification or deletion may affect your ability to use the Website. Further, it may affect our ability to provide our services to you.
We reserve the right to verify and authenticate your identity and your account Information and/or payment Information in order to ensure accurate delivery of services. Access to or correction, updating or deletion of your Personal Information may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
If you need to update or correct your Personal Information that we may have collected to offer you personalized services and offers, you may send updates and corrections to us at orders@Nova Novafoods.com citing the reason for such rectification of Personal Information. We will take all reasonable efforts to incorporate the changes within a reasonable period of time.
SECTION 9 – COOKIES
Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. You may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Website and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.
SECTION 10 – TERM OF STORAGE OF PERSONAL INFORMATION
We shall store your Personal Information at least for such period as may be required and permitted by law or for a period necessary to satisfy the purpose for which the Personal Information has been collected. These periods vary depending on the nature of the information and your interactions with us.
For example, if you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
You agree that you will not submit any false information or any illegal or damaging content to the Website.
We reserve the right to terminate access to or the ability to interact with the Website in response to any concerns we may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
SECTION 11 – PROTECTION OF INFORMATION
We have taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. We take robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
We consider the confidentiality and security of your information to be of utmost importance. We therefore use industry standards, and physical, technical and administrative security measures to keep Information confidential and secure. We do not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while we strive to protect Information and privacy, we cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. We will periodically evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind.
For any loss or theft of Information, due to unauthorized access to your device through which you use the Website or other reasons solely attributable to you, we shall not be held liable or responsible under any circumstance whatsoever. Further, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.
SECTION 12 – MINOR & USAGE ON BEHALF OF ANOTHER PERSON
We do not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. We do not intentionally or knowingly collect Personal Information through the Website from anyone under that age. We encourage parents and guardians to be involved in the online activities of minor to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to consent on behalf of such person to our use of such person’s Personal Information as described in this Policy.
SECTION 13 – LIMITATION OF LIABILITY
We shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under this Policy.
We are not responsible for any actions or inactions of any third parties that receive your Information.
Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your Information, if such loss, damage or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within our control and which we are not able to overcome.
SECTION 14 – OPT-OUT
Once you register as a user or transact on the Website, you may receive communication, including but not limited to Short Message Service (SMS) and phone calls from us on the mobile number and e-mails on your e-mail address provided to us. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by us. You have the option to ‘opt-out’ of all newsletters and other general email marketing communications from us by way of links provided at the bottom of each mailer. We respect your privacy and in the event that you choose to not receive such mailers, we shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications.
SECTION 15 – CHANGES TO THIS POLICY
We reserve the right to update, change or modify this Policy at any time and will notify you at least once in a year, or whenever there is a change in the Policy, as the case may be by email or posting a conspicuous notice on the Website in the event of any material revisions to this Policy. The Policy shall come to effect from the date of such update, change or modification.
SECTION 16 – GOVERNING LAW
This Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of this Policy the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, Maharashtra.
SECTION 17 – GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Mr. Satish Vemul
Designation: Customer Service Manager
Brio Hospitality Pvt. Ltd.
B-1104, Cello Triumph, IB Patel Road, Off western express highway,
Goregaon East, Mumbai – 400063.
Time: Mon – Sat (9:00 – 18:00)
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Policy or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
SECTION 18 – HOW TO CONTACT US
Questions about this Policy should be sent to us at firstname.lastname@example.org