Privacy Policy
Last Updated on 21 July, 2017.
This privacy policy (“Policy”) is in as per the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
Loccul Infotainment Private Limited (hereinafter “Company” “Us”, “Our” “We”, which shall mean and include its affiliates, successors and assigns) owns and operates this mobile application (“Loccul”).
This Policy details Our procedures for collection, use, storage, processing, disclosure and protection of any information, including, but not limited to, business or personal information provided by you as a user, including, include any person/ persons, who visits, uses, deals with and/ or transacts through Loccul including, a buyer, seller, service provider, guest user, and browser (“You” “Your”) while using Loccul. We will use the information provided by You only in accordance with the purposes described in the Policy.
By visiting/ accessing Loccul and voluntarily providing Us with information (personal and/ or non- personal), You consent to Our use of it in accordance with this Policy. This Policy does not apply to third-party websites/ applications that are connected via links to Loccul.
This Policy is a legal agreement between You, and the Company. If You are a natural person, You must be at least 18 years of age. If you are less than 18 years of age, please read through this policy with your parent or legal guardian, and in such a case this policy shall be deemed to be a contract between the company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
In addition to this Policy, Your use of Loccul will be governed with all policies of Loccul, including but not limited to Our terms of use, report abuse policy, terms of sale, and such other terms applicable to You. This Policy shall be enforceable against You in the same manner as any other written agreement.
If you do not agree with the terms and conditions of this policy, please do not proceed further to use/ access Loccul.
We may update this Policy from time to time. You must periodically review the Policy for the latest information on our privacy practices.
1. What information do we collect?
During Your use of the Loccul, We may collect and process such information from You, including, without limitation:
Your personal information (“Personal Information”) including but not limited to Your contact information such as name, email address, mailing/ shipping address, location and time for pick-up and delivery of the product, phone number, financial information, if any, unique identifiers such as user name, account number, password and preferences information such as favourites lists, transaction history, PAN card details, tax registration details, bank, account details, company structure etc.
Your Personal Information when You access Loccul through a social media website/ application and in such an event, Your Personal Information we receive from such social media websites/ applications, shall be as per the privacy policy of such sites/applications. For example, the information received from the other websites/platforms/applications at the time of accessing Loccul may include, and not be limited to, the user name, profile picture, e-mail address associated with that particular website/ application. By accessing or connecting to Loccul through a social media website/ application, You authorize Us to collect, store, use and retain such information and content in accordance with this Policy.
Any other information categorized as ‘sensitive personal data or information’ as per the terms of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 under the Information Technology Act, 2000.
Non-personal information (“Non-Personal Information”) from You when You visit and/ or use Loccul. Non-Personal Information is any information that does not reveal Your specific identity, such as, browser information, internet protocol address, information collected through Cookies (defined below), details of Your internet service provider, the date, time and duration of Your usage of Loccul, pixel tags and other technologies, demographic information, etc. Loccul gathers some information automatically when You visit Loccul and stores it in log files. We may collect certain information about Your computer or other electronic device through which You have accessed Loccul to facilitate, evaluate and verify Your use of Loccul. We may collect, store, use and have access to all communications and all information shared between a customer/ buyer and a seller/ business partner, through a messaging service available on Loccul.
“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 Loccul/ application that placed them there and not any other sites. You may refuse to accept Cookies by activating the setting on Your browser which allows You to refuse the setting of Cookies. However, if You select this setting You may be unable to access certain parts of the Loccul. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our system may issue Cookies when You log on to Loccul. The use of Cookies by Our partners, affiliates, advertisers or service providers is not covered by this Policy.
2. How and Why do we collect and use Your Information?
We, or third parties authorised by Us, may use the information provided by You in the following ways, viz:
Provide and improve the services offered to You through Loccul, including Your efficient access of Loccul;
To contact You for delivery of products/ services and keep track of Your shopping cart, transaction history, etc.;
To resolve Your problems in relation to Your account, to troubleshoot problems with Your account, to confirm Your identity in order to ensure Your eligibility to use Loccul and to notify You regarding changes made to Loccul;
To resolve a dispute and to collect fees or monies owed by You to Loccul;
For advertising and marketing communications. We may also share Non-Personal Information with third parties such as, Our advertisers, sponsors, investors, business partners, advisors and consultants;
Analyze how Loccul is used, diagnose service or technical problems, maintain security and conduct research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;
Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
To carry out Our obligations and to process transactions arising from any contracts entered into between You and Us;
Notify You, if possible, in the event We become aware of any breach of the security of Your information and take appropriate action to the best of Our ability to remedy such a breach;
To enable Us to comply with legal and regulatory obligations.
We will use and retain Your information for such periods as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.
3. How do We Store and Secure Your Information and When do We Disclose Your Information?
Storage and Security:
Your information is important to Us. To protect Your information, We use reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. We also use reasonable security practices and procedures as mandated under applicable laws to protect Your information. All information You provide to Us is stored on Our secure servers.
If You make payments via a payment gateway to complete any transaction on Loccul then Your credit card data and other financial information 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) by Our payment gateway service provider.
We may share Your information with third parties under a confidentiality agreement which inter alia provides for such third parties not disclosing the information further unless such disclosure is for the purpose as detailed under that confidentiality agreement. However, We are not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. We shall not be liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on Loccul).
Notwithstanding anything contained in this Policy or elsewhere, the Company 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 Our reasonable control or the reasonable control of Our advertisers, sponsors, investors, business partners, advisors and consultants 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, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond Our reasonable control), power or electricity failure or unavailability of adequate power or electricity.
As a registered user with an account and a password, You are solely responsible for keeping Your password confidential.
By using Loccul, You accept the security implications of data transmission over the internet and the World Wide Web cannot always be guaranteed as completely secure. Therefore, Your use of Loccul will be at Your own risk.
You agree and acknowledge that We shall retain all information provided by You until such time as is required by the applicable law or until it is required for Our internal use, whichever is later.
Disclosure of Information:
We may share Your information with third parties only in such manner as described below:
Including, but not limited to, logistics partners, payment gateway partners, data analysts, warehouse partners to provide the services offered to you through Loccul and in such an event, the third parties’ use of Your information will be bound, among other things, by this Policy. We may store information in locations outside the direct control of the Company (for instance, on servers or databases co-located with hosting providers). However, We will not disclose any sensitive personal data, such as, bank account details, any party except for third parties who are authorized by Us.
With Your prior consent, to any member of Our related or group companies including but not limited to, Our subsidiaries, Our ultimate holding company and its subsidiaries, as the case may be.
Without prior notice, if We are under a duty to do so in order to comply with any legal obligation or an order from the government and/or a statutory authority, or in order to enforce or apply Our terms of use or assign such information in the course of corporate divestitures, mergers, or to protect the rights, property, or safety of Us, Our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
The Company may be involved in the transaction of a merger, acquisition, sale of assets, business re-organization, bankruptcy etc. During such a process, it may sell, transfer or otherwise share some or all of its assets which may include Your information. However, in such an event of sale or transfer, the Company shall reasonably ensure that Your information collected and stored by the Company is stored and used by the transferee in a manner that is consistent with this Policy. Any such third party to whom We transfer or sell shall have the right to continue to use the information that You provide to Us or collected by Us immediately prior to such transfer or sale. On completion of the sale or transfer, the privacy policy of the third party shall apply with respect to Your information. To stay updated about such business transactions, please read this Policy from time to time.
We assume no liability for any disclosure of information due to errors in transmission, unauthorised 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 unless such breach has been caused as a direct result of Our gross negligence or wilful default
Non-Disclosure of Information by You: You may choose not to provide identifiable information through Loccul, in which case You may not be allowed to access certain features / parts of Loccul. If You are a registered user, You may update, edit or correct Your account information and email preferences at any time by logging in to Your account. If You believe that any of Your information held by Us is inaccurate, You may write to Us at [email protected]. We will respond to Your request within a period of 5 (five) days. It is Your responsibility to ensure that any information You provide Us remains accurate and updated.
4. What is Unsolicited Information?
This Policy does not apply to any information other than the information collected by the Company through Loccul. This Policy shall be inapplicable to any unsolicited information You provide Us through Loccul or through any other means. This includes, but is not limited to, information posted in any public areas of Loccul. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.
5. What is Phishing?
“Phishing" usually occurs when users of a Loccul are induced by an individual/entity into divulging sensitive personal data by using fraudulent websites and/ or e-mail addresses. In the event You provide information to a website or respond to an e-mail which does not belong to Us or is not connected with Us in any manner, You will be a victim to Phishing. We do not send e-mails requesting a user for payment information, user name or passwords. However, We may verify the user name, password etc. provided by You from time to time.
If You receive a suspicious email on Our behalf, We suggest You do not reply to it and do not open any attachments, click on links contained in the e-mail or provide any information in response to it. You can report suspected fraud involving Us by sending an e-mail to [email protected] respectively. Please include the word "phishing" in the subject line of Your e-mail and provide as much information as possible about the fraudulent activity or message.
6. Validity of this Policy
We have taken 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.
7. Governing Law and Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of the Republic of India. The courts at Bangalore, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
8. No Waiver
The rights and remedies of 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.
9. Whom to contact for resolution of Grievances?
Please address Your grievances, feedback or questions, without limitation, with respect to this Policy or any other policy of the Company on the Loccul, please contact Our grievance officer, by writing to Us at [email protected]. You can always withdraw Your consent for usage, processing of Your information by Us by writing to Us at the address mentioned above.
