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SPECSMAKERS OPTICIANS PRIVATE LIMITED, is a private limited company duly incorporated under the provision of the Companies Act, 1956 (hereinafter referred to as “We”, “Us”, “Specsmakers”, "Company" or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). The domain name “specsmakers.in” (hereinafter collectively referred to as the "Platform") is owned by the Company. The Company is an internet based e-commerce portal which sells prescription and fashion eyewear for men, women, and kids (“Products”).
This Policy has been prepared under the provisions of (Indian) Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”) promulgated thereunder, and sets out the practices and policies for the protection of personal information (including sensitive personal data or information) collected, received, possessed, stored, dealt with or handled by Specsmakers.
BY VOLUNTARILY PROVIDING US WITH INFORMATION, YOU ARE CONSENTING TO OUR USE OF IT IN ACCORDANCE WITH THIS POLICY.
a. Personal Information shall mean 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 and is not otherwise publicly available.
b. Sensitive Personal Data or Information shall mean personal information, which consists of information relating to any to the following of an individual: (a) passwords; (b) physical, physiological and mental health condition; (c) sexual orientation; (d) medical records and history; (e) biometric information (information derived from technologies that measure or analyse physical human characteristics such as voice patterns, fingerprints, facial patterns; or (f) financial information such as Bank account or credit card or debit card or other payment instrument details; etc.
c. User Information shall mean, collectively, Your personal information and sensitive personal data or information or any other information collected from You.
3. Collection of Information
3.1. Specsmakers will use the User Information provided by You only in accordance with the purposes described in this Policy.
3.2. In general, You can visit Our Platform without revealing Your identity or any Personal Information. However, You may not be able to access multiple areas of the Platform or features provided on the Platform that require registration, subscription, or need You to reveal Your identity and/or other Personal Information or Sensitive Personal Information about You.
3.3. During Your use of Our Platform, We may collect and process such information from You, including but not limited to the below mentioned:
a. Information that You provide to Us by filling in forms on the Platform. This includes both Personal Information and Sensitive Personal Information including contact information, name, gender, email address, mailing address, phone number, eye prescription, preferences including favourites lists and transaction history. At the time of creating Your Profile on the Platform, You will be notified and be allowed to customize the information that is available to the public and that shall be private.;
b. Information that You provide when You write directly to Us (including by e-mails or letters);
c. Information that You provide to Us over telephone. We may make and keep a record of the information You share with Us;
d. Information that You Provide to Us to enable Us to provide Our services;
e. Information that You provide to Us by completing surveys, feedbacks etc.;
f. Information relating to logs is automatically reported by Your browser each time
g. You access a web page. When You use the Platform, Our servers automatically record certain information that Your web browser sends whenever You visit any website. These server logs may include information such as Your web request, Internet Protocol (IP) address, location (through Global Positioning System (GPS)) browser type; and
h. When You use the Platform, We may employ clear web beacons which are used to track Your online usage patterns. In addition, We may also use clear web beacons in HTML-based e-mails sent to You to track which e-mails are opened/ viewed and which links were opened by You. Such collected information is used to enable more accurate reporting and making the Platform better for Our Users.
3.4. Sensitive Personal Information:
We will not collect Sensitive Personal Data or Information from You unless the collection of such sensitive personal data or information is considered necessary for the purpose for which it is being collected and even in such a case, You will be made aware of the following:
- The fact that Your Sensitive Personal Data or Information is being collected;
- The purpose for which the Sensitive Personal Data or Information is being collected; and
- The intended recipients of the Sensitive Personal Data or Information.
You shall have the option of not disclosing Your Sensitive Personal Data or Information to Us. In the event that You choose not to disclose Sensitive Personal Information, You may not be able to access multiple areas of the Platform or services provided on the Platform.
4. Access to User Information
4.1. If You are a registered User, You may update or correct Your account information and email preferences at any time by logging in to Your account. Alternatively, if You believe that any of Your information held by Us is inaccurate, You may write to Us at email@example.com It is Your responsibility to ensure that any information You provide to Us remains accurate and updated.
4.2. The Information collected by Us shall not be retained for longer than is required for the purpose for which the information may lawfully be used or is otherwise required under any other law for the time being in force.
5. NDNC Policy
By using the Platform, You hereby authorize Us to contact You via email, phone, or SMS (Short Message Service) on the contact details so provided, to furnish You with information with regard to Our Products and offer. This authorization shall be licit for the mentioned purposes irrespective of whether You are registered with the NDNC (National Do Not Call) registry.
6. VTO (Virtual Try-On) Policy
6.1 Accessing or using Our Virtual Try-On (VTO) facility indicates Your acceptance to share Your Personal Data or Sensitive Personal Information with Us and You also authorise Us to collect to the following information:
6.1.1 Usage: We collect information about how You use Our Products, such as the types of content, features, time, frequency and duration of Your activities. We also collect information about how You use features like Our camera and screen sharing features;
6.1.2 Device Information: We collect information from and about the computers, phones, connected TVs and other web-connected devices You use that integrate with our Platform, and We combine this information across different devices You use. For example, We use information collected about Your use of Our Platform on Your phone to better personalize the content or features You see when You use Our Products on another device, such as Your laptop or tablet, or to measure whether You took an action in response to an advertisement we showed You on Your phone or a different device. We collect the following information from the devices used:
- Device attributes such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins;
- Information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots);
- Information such as unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts You use, and family device IDs;
- Data from device settings such as access to Your GPS location, camera or photos; and
- Network and connection information such as language, time zone, mobile phone number, IP address and connection speed.
6.2 In addition to the uses provided in Paragraph 8 of this Policy, we also use the Information collected through Our VTO facility for the following purposes:
- Personalization: To personalize features of Our Products and Platform and to make suggestions on and off Our Platform.
- Face Recognition: We use face recognition technology to generate, a realistic representation that makes it possible to find the right size model representing the anthropometric features of the User; and
- Product research and development: To develop and test Our Products and services, by conducting researches, surveys and troubleshooting new products and features.
7.1 Cookies are small files that reside on Your computer's hard drive and generally contain an anonymous unique identifier and are accessible only by the website that placed them there and not any other sites (“Cookies”). Some of Our web pages and services may also utilize Cookies and other tracking technologies to collect information about Your general internet usage.
7.3 Cookies enable Us to:
- estimate Our Users size and usage pattern;
- store information about Your preferences, and allow Us to customize Our Platform according to Your interests;
- speed up Your searches;
- recognize You when You return to Our Platform;
- recall Personal Information previously provided by You; and
- improve Our Platform and deliver a better and personalized service.
7.4 We may use the services of certain third parties, for the purpose of operating and administering the Platform. Such third party service providers may collect the information sent by Your browser as part of a web page request, including Cookies and Your IP address and such information will be governed by the privacy policies of the third party service providers which ensure the same level of data protection, if not better, that is being adhered to by Us.
8. Use of Information
8.1 We may use the User Information or other information provided by You in the following ways:
- monitor, improve and administer Our Platform;
- conduct research, analysis and prepare reports and statistics with respect to market trends, patterns etc.;
- analyze how the Platform is used, diagnose service or technical problems, maintain security;
- remember information to help You efficiently access the Platform;
- monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
- to confirm Your identity in order to ensure that You are eligible to Use the Platform;
- to ensure that content from Our Platform is presented in the most effective manner based upon Your interests;
- to contact You to ensure User satisfaction with respect to Your use of the Platform;
- to provide You with information that You request from Us, where You have consented to be contacted for such purposes; or
- to notify You about changes on Our Platform.
9. Disclosure of Information
9.1 Except as provided for in this Policy, We shall not disclose or transfer User Information to any third party without Your prior consent, unless such disclosure or transfer: (i) as part of a corporate re-organisation, merger, acquisition or sale of business; or (ii) is required under applicable laws or through a court order.
9.2 Third Party Disclosure:
We will share Your Personal Information with third parties in the manner described below:
- When You place a request for services provided on the Platform or otherwise by Us through third parties, We will share Your Personal Information with those parties who are required for providing the services.
- We may share Your Personal Information with third parties authorized by You and in such an event, the third parties' use of Your information will be bound by this Policy or by their respective privacy policies which ensure the same level of data protection, if not better, that is being adhered to by Us.
- We may disclose Your information to any member of Our related or group companies including Our subsidiaries, Our ultimate holding company and its subsidiaries, as the case may be.
10. Storage and Security
10.1 We use commercially reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment
10.2 The information that We collect from You may be transferred to, and stored at, a destination inside or outside India. By submitting Your information on Our Platform, You agree to this transfer, storing and/ or processing. We will take such steps as We consider reasonably necessary to ensure that Your information is treated securely and in accordance with this Policy.
10.3 In using the Platform, You accept the inherent security implications of data transmission over the internet cannot always be guaranteed as completely secure. Therefore, Your use of the Platform will be at Your own risk.
10.4 We assume no liability for any disclosure of information due to errors in transmission, 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.
10.5 You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
11.1 As a registered User with an account and a password, You are responsible for keeping Your password confidential.
11.2 We will keep confidential and protect any and all information provided by You except where disclosure is required or permitted by law.
11.3 We may provide information, including Personal Information, to third-party service providers to help Us deliver Our services efficiently and effectively. Service providers are also an important means by which We maintain Our Platform. We will take reasonable steps to ensure that these third-party service providers are obligated to protect User Information on Our behalf through confidentiality agreements and otherwise.
11.4 The restrictions set out herein shall not apply if and to the extent the disclosure is: (a) required by the applicable law of any jurisdiction; (b) required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law; (c) made, by Specsmakers, to its shareholders, managers, advisors and affiliates; or (e) made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Policy.
11.5 You acknowledge and agree that any User Information You provide directly or indirectly to another User of the Platform, whether or not through the Platform, may not be subject to the same security or confidentiality offered by Specsmakers and that Specsmakers shall not have any responsibility in respect of such information under this Policy even if it was provided through the Platform.
You agree to indemnify and hold Specsmakers harmless from:(i) any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of any violation of the terms of this Policy; (ii)any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on Your part; or (iii) for fraud committed by You.
We have made every effort to ensure that this Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy.
14. No Waiver
The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
15. Governing Law and Dispute Resolution
15.1 In accordance with the Information Technology Act 2000, the name and the details of the Grievance Officer at Specsmakers is provided below. You may (a) request access to Your Sensitive Personal Data or Information; (b) report any grievances in relation to Your Sensitive Personal Data or Information; and (c) any security breach in relation to Your Sensitive Personal Data or Information, to the Grievance Officer by contacting firstname.lastname@example.org.
Name: Ms. Malathi
15.2 This Policy shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Chennai, India shall have exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with this Policy subject to the provisions of this Paragraph 13.
15.4 The arbitration shall be conducted by a sole arbitrator jointly appointed by Specsmakers and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Chennai, India.
15.5 The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
16. Changes to the Policy
We may update this Policy to reflect changes to Our practices. If We make any material changes, We will notify You by e-mail (sent to the e-mail address specified in Your account) or by means of a notice on this Platform upon the change becoming effective. We encourage You to periodically review this page for the latest information on Our privacy practices. By using this Platform and Our services, You consent to the terms of this Policy and to Our use and management of User Information for the purposes and in the manner herein provided.
17.1 Please address any questions You may have about the collection, processing, usage, disclosure of Your information in writing to Us at email@example.com You can always withdraw Your consent for usage, processing of Your information by Us by writing to Us at the address mentioned above.
17.2 We may contact You using the Personal Information You have given Us:
in relation to the functioning of any service You have signed up for in order to ensure that We can deliver the services to You;
- in relation to any transaction entered by You on Our Platform to subscribe to services;
- where You have opted to receive further correspondence;
- to invite You to participate in surveys, opinion polls, etc., about Our services or otherwise (participation is always voluntary); and
- to provide You updates and information in relation to Our services.