This privacy policy is published in accordance with the provisions of the Information Technology Act 2000 (“IT Act”) and the rules framed thereunder which require the publishing of a privacy policy for handling or dealing with Personal Information (as defined below) including Sensitive Personal Data or Information (as defined below).
[This privacy policy ("Privacy Policy") is applicable when services of Zafran e Kashmir (as defined below) is availed either directly or through merchant partners for any payment transaction with FEL (as defined below).
This Privacy Policy applies to your use of the Site (as defined below) but does not apply to any third party websites that may be linked to such Sites.
The words "we", "our" and "us" refers to Zafran e Kashmir, its subsidiaries, partners, agents and affiliates (collectively referred to as “Zafran e Kashmir”). The words "you", "your" or "yours" refer to any person who is using, accessing or browsing or has used, accessed or browsed the Site and/or is using or accessing.
Our websites may contain links to third party websites (websites controlled by companies other than Zafran e Kashmir.). The third-party websites are regulated by their respective privacy policy and are not under the control of ZK. Customer willing to access the third-party website shall do so at their own discretion and are requested to go through the privacy policy of such third party website. ZK shall not be held responsible for any contents or default arising out of linked website. Similarly, our portal links will be linked in some of the commercial portal or aggregators, once you are directed to our portals, then only you will come under the terms and conditions of ZK and governed under ZK privacy policy.
This Privacy Policy applies only to your use of Our Website. It does not extend to any other websites that are linked to and accessed through Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
We value your privacy and security and follow the highest industry standards and practices to ensure that the information you provide us is secure, however, because of the inherent vulnerabilities of the internet, we cannot ensure or warrant complete security of all information that is being transmitted to us by you. By visiting the Site, you agree and acknowledge to be bound by this Privacy Policy and you hereby consent that we will collect, use, process and share your information (including your Personal Information and Sensitive Personal Data or Information) in the manner set out herein below. Your acceptance to terms and conditions will allow you to access our Sites.
As a user of the Site or the services offered by us, your access to use of the Site or services offered by us, as the case maybe, is conditional upon your acceptance of and continued compliance with this Privacy Policy. By using/ accessing our site and utilising any services offered by us, you agree to be bound by this Privacy Policy and all rules, guidelines and/or policies of us, as may be modified by us from time to time, unconditionally and at all times, you further agree and confirm that you consent to providing us with your Personal Information (including Sensitive Personal Data or Information as applicable) for the purpose set out below.
I. DEFINITIONS
In this Privacy Policy, unless the context otherwise requires:
a. “Linked Sites” shall mean website links which directs to our group linked portals
b. “Personal Information” means 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 the Company, is capable of identifying such person. This includes mandatory or voluntary disclosures that you make while and for using the Site and the services offered by us, including but not limited to your name, address, telephone, number, date of birth, gender, email address, images, etc as may be provided by you while using the Site and the services offered by us.
c. “Sensitive Personal Data or Information” of a person means such Personal Information which consists of information relating to:
password;
financial information such as bank account or credit card or debit card or other payment instrument details;
physical, physiological and mental health condition;
sexual orientation;
medical records and history;
biometric information;
any detail relating to the above Clauses as provided to the Company for providing service; and
any of the information received under any of the above Clauses by the Company for processing, stored or processed under lawful contract or otherwise.
Provided that any information that is freely available or accessible in public domain or furnished under the Right to Information Act 2005 or any other law for the time being in force will not be regarded as Sensitive Personal Data or Information.
d. “Zafran e Kashmir” shall means an entity directly or indirectly managed or controlled by Mr. Gh. Rasool Kamal and their respective family members and accordingly deemed to be belonging to their respective affiliates, partners, associates, service providers and relevant third parties.
The words and expressions used in this Privacy Policy but not defined herein but defined in the IT Act or the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”) will have the meanings assigned to them thereunder.
Please note that usage of the term Personal Information includes Sensitive Personal Data or Information, wherever appropriate and/or mandated under the IT Act and the SPDI Rules.
II. INFORMATION COLLECTION, USAGE, HANDLING AND SHARING
What information will be collected by us
We collect and process information (including Personal Information and Sensitive Personal Data or Information) from you on behalf of Zafran e Kashmir. ZK determines the purpose and means of processing of your information (including Personal Information and Sensitive Personal Data or Information).
You may be asked for, as appropriate, name, email address, mailing address, phone number. However, please note that you may visit our Site anonymously. You represent that the information or data you provide from time to time is and shall be correct, current and updated and you have all the rights, permissions and consents to provide such information or data. Your providing the data/ information and the Company’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third-party agreement, laws, judgments, orders or decrees.
Non-personal information: We may collect certain non-personal information about you whenever you interact with our Site. Non-personal information may include your browser name, the type of computer you use, the operating system used, details of the internet service providers utilised and other similar information.
Web browser cookies: We may use “cookies” to enhance your experience. Your web browser places cookies on its hard drive for record-keeping purposes and sometimes to track information about it. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you opt to do so, note that some parts of the Site may not function properly.
Why we collect your information and how we will use/process the information Collected
The information collected is relevant and necessary to understand you or your online browsing search pattern. The information is collected with an intention to provide you with updated information, help regarding usage of the Site or new services, offers, if any, that we think you might be interested in, to carry out follow ups, to assist with customer service or technical support issues, to enforce the Terms and Conditions or to prevent, detect, investigate and protect against cyber security incidents, error, fraud and other criminal activity, and as otherwise described to you at the time of collection of such information.
Information collected from you may also be used for the following:
1. To procure credit reports from credit bureaus and identity verification services;
2. To help us process questions you may have about the Site;
3. Applications and/or the services offered by us or our affiliates or associates;
4. To confirm or correct what we know about you;
5. To service our customers’ needs, including delivering our products and services;
6. To promote and market our products and services;
7. To service your account (such as your Loyalty account and wallet account), manage complaints and resolve any disputes;
8. To understand our customers including their patterns, behaviours as well as their likes and dislikes to provide personalised contents, services, offers and communications;
9. To protect and support our business, colleagues, customers and shareholders;
10. To prevent and detect anti-social behaviour, fraud and other crime;
11. To test and develop new products and services as well as improve existing ones;
12. To monitor, develop and improve the Site and services offered by us; and
13. To assist in and administer the provision of services offered by us.
We will use the information provided by you only for the purposes for which it is consensually collected, as more particularly described hereunder and/or indicated to you while using/ accessing the Site. If we use your information in a manner different than the purpose for which it is collected, then we will ask you for your consent prior to such use.
To avail certain services on the Site users are required to provide some Personal Information including sensitive personal data or information for the registration process including but not limited to information such as a) name, b) email address, c) phone number, d) access to your phone’s text messages (SMS)inbox records/ logs, e) phone contacts, f) location information (GPS, IP address and cell tower location), g) information pertaining to your mobile device and your usage thereof (including the names of other applications installed on your mobile device and how you use them, information about your use of features or functions on your device), and any such other information as may be required from time to time. We collect the aforementioned information when you download and install the Mobile Applications if any and give the permission to read information from your device, for marketing purposes, administrative purposes, etc. The Information as supplied by the users enable us to improve the Site and/or the Mobile Applications and provide you the most user-friendly experience. All required information is service dependent, and we may use the above said user information to maintain, protect and improve the Site and/or the Mobile Applications and for developing new services, as may be required.
Any reviews, comments, messages, blogs posted/uploaded/conveyed/communicated by users on the public sections of the Site or an application store (like the App Store or Play Store) becomes published content and is not considered Personal Information or Sensitive Personal Data or Information subject to this Privacy Policy.
In case you choose to decline to submit Personal Information or Sensitive Personal Data or Information on the Site and/or the Mobile Applications, we may not be able to provide certain services on the Site and/or the Mobile Applications to you. We will make reasonable efforts to notify you of the same at the appropriate time. In any case, we will not be liable and or responsible for the denial of certain services to you on account of you being unable to provide the necessary Personal Information or Sensitive Personal Data or Information.
How we Handle, share the Personal Information
We do not sell, or rent your information, including the Sensitive Personal Data or Information outside of Zafran e Kashmir. We do not share or disclose your information outside of ZK, other than as necessary to fulfil your request or enhancement of services through third party application/software. ZK may disclose and/or transfer your information (including Personal Information and Sensitive Personal Data or Information) to any of the Zafran e Kashmir Entities.
We may pass your Personal Information to our employees, contractors, suppliers, third party service providers and/or agents to administer the services provided to you by us now or in the future.
It may be noted that we have strict guidelines with respect to unauthorized access to information provided by you. However, we may pass your Personal Information to other third parties in order to verify the information provided by you from other sources in order to address various security concerns, and to ensure that you comply with the provisions of applicable laws, and the Terms and Conditions available on the Site and/or the Mobile Applications and other terms and conditions as may be prescribed by us from time to time.
We have listed below some of the key guidelines followed by us to prevent unauthorised access to information provided by you:
o We apply physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of Personal Information;
o We protect the security of your information while it is being transmitted by encrypting it;
o We use computer safeguards such as firewalls and data encryption to keep this data safe;
o We only authorise access to employees and trusted partners who need it to carry out their responsibilities;
o We regularly monitor our systems for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security;
o We will ask for proof of identity before we share your personal data with you; and
o We will reveal only the last four digits of your payment card number, contact numbers when confirming an order.
o Whilst we take appropriate technical and organisational measures to safeguard your Personal Information, it is important that you keep your login details and devices protected from unauthorised access.
o The Personal Information that we collect from you may be transferred to, and stored at, a destination outside the Indian jurisdiction. It may also be processed by companies operating outside India who work for us or for one of our service providers. If we do this, we ensure that your privacy rights are respected in line with this Policy.
Storage and Retention
The information collected from you shall be retained only for a limited duration necessary to fulfil the purposes outlined above unless a longer retention period is required or permitted by law and only for the purposes outlined hereinabove.
Consent to process your Privacy Information
You hereby agree and acknowledge that by creating an account with us on the Site and/or the Mobile Application if any, you consent to us undertaking the following:
o Send you and keep you updated with information by email, telephone (including SMS) or mail, as per your selection about mode of communication, about existing and new services and benefits from us;
o Use the information for marketing and for market research/industry/sector analytics purposes, including internal demographic studies, to provide, optimize and personalize our services and to further enhance our products and services for you and to send you newsletters and information about our services, as per your selection about mode of communication.
The select information provided by you is readily available on the Site and/or the Mobile Applications if any, and only viewable by you after logging on to the Site and/or the Mobile Applications if any. You, at all times, have the option not to provide any information including Personal Information and Sensitive Personal Data or Information about you without agreeing to register on the Site and/or the Mobile Applications and otherwise withdraw your consent or request to remove/ delete your information by communicating the same to us in the manner stipulated herein and the Terms and Conditions. Upon such withdrawal, we will have no obligations towards you nor will we be obligated to provide continued services to you. Alternatively, you can uninstall the Mobile Applications if any, in its entirety, in which event, your consent would be deemed to be withdrawn for any future collection of information.
Please note that if you opt out from providing Personal Information or other information requested by us, you may not be able to access certain areas of the Site and/or the Mobile Applications and/or avail certain services offered by us. You can update and/or review your Account Information (defined below), Personal Information and other information at any time. At your request, we can also cancel your registration and remove/block your Personal Information from our database/ Site and/or the Mobile Applications. However, this information may remain in our archive even after deletion or termination of your account as required by law and the handling of the same is in accordance with the provisions of the applicable law and as intimated by the government agency from time to time.
In relation to any payment made through the Site and/or the Mobile Applications and/or the services offered by us, the online payment gateway operated by third party is being used by us. It may be noted that the information that you provide at the time of making any payment through the Site and/or the Mobile Applications and/or services offered by us is held and stored with third party payment gateway operator authorized at multiple points. The payment gateway operator may also have access to your online payment history/details in relation to the payment made through the Site and/or the Mobile Applications and/or the services offered by us. [You are strongly recommended not to send full credit or debit card details over non HTTPS unencrypted electronic communications with us.] Also, you are responsible for protecting against unauthorized access to your password and to your computer or mobile. We will not be liable for the disclosure and dissemination of Personal Information to third parties which you as prudent user put up on the Site and/or the Mobile Applications, and that are available to the other users of the Site and/or the Mobile Applications. Our mobile application will request to access Storage, Call, SMS and Camera services which are required for certain feature to work on in the mobile application. For e.g. we generate OTP for initial authentication for which we need access to your SMS for auto read OTP.
It may be noted that we handle all such information in accordance with the provisions of the applicable law from time to time and only for the duration lawfully required. We may disclose aggregated information, including to aggregators, about the use of the Site and/or the Mobile Applications without Personal Information. We have implemented standard measures to protect against unauthorized access to and unlawful interception of Personal Information.
Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the website/application you are visiting. That policy may differ from ours. If you can't find the privacy policy of any of these websites/applications via a link from the website's homepage, you should contact the website/application directly for more information.
You agree that you shall solely be responsible for any information provided to us and you shall refrain from directly or indirectly hosting, displaying, uploading, modifying, publishing, posting, transmitting, updating or sharing any information that:
XXV. belongs to third party and you do not have any right over it;
XXVI. is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
XXVII. harm minors in any way;
XXVIII. infringes any patent, trademark, copyright or other proprietary rights;
XXIX. violates any law for the time being in force;
XXX. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
XXXI. impersonates another person;
XXXII. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
XXXIII. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
III. REGISTRATION
To avail any of the services offered by us, you are required to register and open an account with us by using the Account Information. You agree to provide correct information towards your continued usage of services offered by us. We will save your Account Information, including identification (as profile), payment (as saved accounts) and transaction (as transaction history) related information to process your requests faster and securely for your convenience.
IV. ACCEPTANCE OF THE POLICIES
By using, accessing, clicking any relevant icon or button on the Site and/or the Mobile Applications and/or registering on the Site and/or the Mobile Applications or using the services offered by us, you are deemed to have agreed to the terms of this Privacy Policy, the Terms and Conditions and the fact that we may have collected, stored, handled, processed and shared and/or may collect, store, handle, process and share/ transfer your information, including Personal Information, Sensitive Personal Data or Information and Account Information in accordance with the terms of this Privacy Policy. This Privacy Policy should, at all times, be read along with the Terms and Conditions and the policies of the Site and/or the Mobile Applications.
By using the Services, you agree and acknowledge that your Personal Information may be transferred to ZK Entities, our partners, associates, service providers and third parties as necessary or appropriate.
By availing services offered by us, you accept that we may communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you. This includes offers, discounts and general information.
V. AMENDMENTS TO THE POLICIES
We reserve the right, at our sole discretion, to change, modify, add, update or delete portions of this Privacy Policy at any time without notice, and it is your responsibility to review this Privacy Policy from time to time on the Site and/or the Mobile Applications, in order to keep track and take note of the changes. Your use of the Site and/or the Mobile Applications following any amendment of this Privacy Policy will signify and constitute your consent to and acceptance of such revised Privacy Policy. We will not file or store a copy of these terms for each interaction on transaction by you through the Site and/or the Mobile Applications. We therefore recommend that you save a copy of this Privacy Policy for future reference and ensure that such copies can be reliably verified as being effective (i.e. published on the Site and/or the Mobile Applications) on a particular date
VI. Use of Cookies
By using or accessing the Site, our servers (hosted by a third party service provider) may collect information indirectly and automatically about your activities on the Site by way of cookies. For the purpose of this Privacy Policy, “Cookies” are pieces of information that a site sends to your computer or other media device while you are viewing or interacting with the site. We use Cookies and other such devices to compile anonymous, aggregated statistics that allow us to understand how users use our Site and to help us improve the structure of our Site (we cannot identify you personally in this way). Further it allows us to understand who has seen which pages and advertisements on the Site, to determine how frequently such particular pages and advertisements are visited, to determine the most popular areas of the Site and generally in order to monitor usage of the Site. We may combine your visitor session information or other information collected through Cookies and other technical methods with personally identifiable information in order to understand and improve your online experiences and to determine what category/nature of businesses and locations you prefer or are likely to be of interest to you. This information is not linked to your Personal Information and is maintained distinctly.
You may also get Cookies from our advertisers. We do not control these Cookies, and once you have clicked on the advertisement and left the Site, our Privacy Policy no longer applies. We are not responsible for collecting Cookies through Linked Sites, neither is it liable for misuse of the information you provide to Linked Sites.
It is clarified that we store information including Personal Information only in the manner contained herein and in accordance with the provisions of applicable law.
The Site could use log file including internet protocol addresses, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the Site, track user movement and gather broad demographic information for aggregate use. These are not linked to information identifiable personally.
Web browser cookies
You can use your browser settings to accept or reject new Cookies and to delete existing Cookies. You can also set your browser to notify you each time new Cookies are placed on your computer or other device. You can find more detailed information about how you can manage Cookies through your browser’s help function.
If you choose to disable some or all Cookies, you may not be able to make full use of our Sites. For example, you may not be able to add items to your shopping basket, proceed to checkout, or use any of our products and services that require you to sign in.
Mobile Applications
Cookies work differently on Mobile Applications as they are coded into such Mobile Applications itself and will use a unique identifier created by your mobile device for use for advertising activities. You can turn off or reset this advertising identifier through your mobile device’s privacy settings.
VII. YOUR ACCESS TO AND CONTROL OVER INFORMATION
In case you do not want to give us access to any information, including any Personal Information or Account Information, you may choose to opt-out of all promotional/non-promotional communications or if you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, you may mail us at Zafranekashmir@gmail.com or you may call us on 9906536697 (Operational from 9 AM to 5PM, 5 days of the week)
You can do the following at any time by contacting us via the email address or phone number provided as above to:
o Check and edit your profile information, including Account Information;
o Check what data we have about you, if any;
o Change and/or correct any data we have about you;
o Delete any data we have about you.
o Express any concern you have about our use of your data.
However, we are not responsible for the authenticity of the Sensitive Personal Data or Information provided by you. You agree and acknowledge that certain data or information cannot be corrected or deleted or is prohibited to be deleted as required under any applicable law, law enforcement requests or under any judicial proceedings. In respect to such data or information, the aforementioned rights will not be available.
We will collect and retain information about your transactions and service requests based on Cookies, network information and device information to provide adequate security, prevent fraudulent transactions and for audit and legal purposes which will not be revealed in public.
VIII. DISPUTES
Any disputes over inter alia collection, storage and handling of Personal Information will be governed by this Privacy Policy, Terms and Conditions and by the laws of India and only courts of Kashmir shall have exclusive jurisdiction.
IX. GRIEVANCE OFFICER
If you notice any discrepancies in the information provided to us or have any grievance against us in relation to the processing of your Sensitive Personal Data or Information, request you to inform our designated Grievance Officer as mentioned below in writing or through email signed with the electronic signature: email :- zafranekashmir@gmail.com
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kashmir shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto. The High Court of judicature at Kashmir alone shall have the jurisdiction and the Laws of India shall apply.
