GENERAL
1. We give high importance to your privacy concerns and are in favor of vehemently protecting your privacy to maximum possible extent. We, at www.kushalmehra.com, respect your privacy and thus, employ best practices to secure, protect and ensure safety of your data stored with us or our affiliates under our control. We have drafted and published this Privacy Policy to inform you of how we protect the Personal Information that we Collect, Use, Disclose and how we try our best to keep it secure. It also covers how www.kushalmehra.com makes the Personal Information it holds available for access to and correction by you.
2. Please take a few minutes to review this Privacy Policy. It is your duty to keep yourself updated with our privacy policy as regularly as you update you playlist. By using the www.kushalmehra.com smartphone application and Website, you are consenting to the Collection, Use and Disclosure of your Personal Information by us as set forth in this Privacy Policy.
AMENDING THE PRIVACY POLICY
3. www.kushalmehra.com may, in its sole discretion, update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on the App/Website. Your continued use of the App/Website will indicate your acceptance of any changes to the Privacy Policy.
4. All Personal Information, Collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting www.kushalmehra.com’s Contact Desk at [email protected]. We urge you to refer back to this page regularly and especially prior to providing us with any Personal Information.
WE ACCEPT NO RESERVATIONS
5. We do not accept any reservation or any type of limited acceptance of our privacy policy. You expressly agree to each and every term and condition as stipulated in this policy without any exception whatsoever. Your continued use of www.kushalmehra.com website and/or smartphone application refers to your consent to the present privacy policy in its entirety.
EXPRESS WARRANTY
6. You warrant to us that the information provided by you while placing an order with us is not protected by any agreement, terms or contract of any sort and will not bring any legal liability on us because its usage by us, our website, application or any other platform under us.
NO CONFLICT
7. The policy constitutes a part of the terms of service. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our App/Website. In case there exists a conflict, we request you to kindly contact us for the final provision and interpretation.
RELEVANT DEFINITIONS
8. The Privacy policy will use following terminology and as per context and definition given hereinbelow-
8.1. “Collect” means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
8.2. “Direct Marketing” involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication. The goods or services which are marketed may be those of www.kushalmehra.com or a Related Body Corporate or those of an independent third-party organization.
8.3. “Disclosure” generally means the release of information outside www.kushalmehra.com, including under a contract to carry out an “outsourced function.”
8.4. “Expressly Informed” means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.
8.5. “Opt Out” means an individual’s expressed request not to receive further Direct Marketing communications.
8.6. “Personal Information” means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s name, address, telephone number and email address.
8.7. “Primary Purpose” is the main reason for the Collection of any Personal Information.
8.8. “Reasonable Expectation” means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the relevant purpose.
8.9. “Secondary Purpose” means a purpose of Use or Disclosure other than a Primary Purpose.
8.10. “Using” includes but is not limited to visiting, registering, buying, selling, listing, posting. Communicating through us, using vouchers and accessing the contents of App/Website.
8.11. “App/Website” means the App/Website of www.kushalmehra.com, mobile application and related webpages, operating primarily at and may be available through now or in future:
8.11.1. www.kushalmehra.com.com;
8.11.2. Apple store; and
8.11.3. Android Play Store.
Our Practices
COLLECTION OF PERSONAL INFORMATION BY US
Personal Data
9. www.kushalmehra.com collects Personal Information about customers, prospective customers and App/Website users which is reasonably necessary for, or directly related to, one or more its functions or activities. We collect your Personal Information in several ways, including but not limited to:
9.1. The registration process on our App/Website: During registration, we require the user to provide us with information that may include:
i. First Name
ii. Last Name
iii. Gender
iv. Date of Birth
v. Marital status
vi. Location and Country
vii. Complete Address and Pin Code
viii. Email address
ix. Contact number
x. Body attributes
9.2. Other instances in which you provide Personal Information via our App/Website;
9.3. Over the phone.
10. You are required to provide all the mandatory information (marked with *) required in our registration form or during placing your order without any reservation or limitation whatsoever.
11. Apart from registration, the Personal Information that we collect includes (but is not necessarily limited to): your first name, your last name and your email address.
12. If you wish to ‘refer a friend’ to www.kushalmehra.com that friend must register themselves – we will not enter their Personal Information on their behalf.
13. At or before the time, or, if that is not practicable, as soon as practicable after, we Collect your Personal Information, we will notify you, by providing you with this Privacy Policy, or by notifying you of how you may access this Privacy Policy.
14. www.kushalmehra.com will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party.
Usage/ Log Data
15. We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through any device (“Usage Data”).
16. This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
17. When you access the Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
Location Data
18. We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. This is in addition to your location supplied by you while placing your order with us.
19. However, you can enable or disable location services when you use our Service at any time by way of your device settings.
Information Collected by Third Parties
20. Our App/Website may contain certain third-party links, advertisements and payment gateways. These third party links do not belong to www.kushalmehra.com and thus, we do not assume any liability for any loss or dispute arising out of the information entrusted to them by you. It may be the links of our Sponsors or independent associates. Your information shared by you on their App/Website.
21. We also reserve the right to promote our App/Website and related content through other App/Websites and blogs. These App/Websites may or may not collect anonymous information about you. We shall not be held liable for any breach of loss of data arising out of the same. We do not share any personally identifiable data with these third-party App/Websites.
22. You can always decide not to permit us to employ your data in third party services by sending a request at [email protected].
Automatic Collection of Information through Cookies
23. We accept that we collect certain information about the user through cookies and other related mechanisms. The information is purely technical in nature. The collection of the information is necessary for-
23.1. To obtain App/Website statistics and usage data
23.2. To improve App/Website experience and make it more personalized.
23.3. To fulfill advertisement concerns.
24. We assure you that none of the information collected under this category are personally identifiable in nature. The data does not identify you personally through your name, contact, address or any other related information.
25. We maintain the right to use such information for market strategies, business research and internal surveys. We may use the information for advertising and related revenue purposes without any prior information.
HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT?
26. We, at www.kushalmehra.com hold Personal Information which we have collected to Use and/or Disclose for its Primary Purposes, including but not limited to:
26.1. Promoting daily deals to you;
26.2. Managing and provisioning the logistics in relation to your orders;
26.3. Answering your inquiries, complaints and feedback;
26.4. Sending you additional materials relating to Kushal Mehra merchandise and products and services that may be of interest to you; and
26.5. Providing you with effective customer service.
27. www.kushalmehra.com also holds Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes (Secondary Purposes). You provide your consent to us using and/or Disclosing your Personal Information for the following Secondary Purposes:
27.1. Ensure efficient response time to your needs and queries
27.2. Business planning and product development;
27.3. Enabling us to better understand your needs and interests;
27.4. Improving the content, functionality and usability of our App/Website; e) improving our marketing and promotional efforts;
27.5. Displaying personalized advertising when you visit our App/Website;
27.6. Implement better programming to make your experience better.
27.7. For any other purpose identified in any other agreement between www.kushalmehra.com and you;
27.8. Issues, news or other information relevant to your dealings with ______________, or about ____________________generally; and
27.9. As otherwise described in this Privacy Policy.
28. www.kushalmehra.com may Use and/or Disclose your Personal Information for any Secondary Purposes not included in this Privacy Policy if:
28.1. The Secondary Purpose is related to a Primary Purpose; and
28.2. You would have a Reasonable Expectation that we would Use the information for that Secondary Purpose.
29. From time to time we may disclose your Personal Information to organizations outside of www.kushalmehra.com in order to deliver the services you require. Your Personal Information is disclosed to these organizations only in relation to us providing our services to you. These organizations carry out, amongst other services, our:
29.1. Delivery of your orders;
29.2. Customer inquiries, complaints and redressal;
29.3. Information technology services;
29.4. Marketing services (including market research);
29.5. App/Website usage analysis; and
29.6. To support or facilitate any of those services described in this Privacy Policy.
30. We will take reasonably practicable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
DIRECT MARKETING
31. You consent to www.kushalmehra.com using and/or disclosing any Personal Information Collected from you for Direct Marketing purposes, whether Collected via telephone, the App/Website, or otherwise, but subject to the terms of this Privacy Policy.
32. Unless otherwise provided in this Privacy Policy and in accordance with the law, www.kushalmehra.com retains the right to Use and Disclose your Personal Information for Direct Marketing purposes:
32.1. That has been Collected from you in circumstances where:
32.1.1. You have provided consent to do so; or
32.1.2. It is within your Reasonable Expectations; or
32.1.3. Where it is impracticable to obtain your consent;
32.2. That has been Collected from any third party in circumstances where:
32.2.1. you have provided consent to do so; or
32.2.2. It is impracticable to obtain your consent.
33. In each Direct Marketing communication, we will include a:
33.1. Prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and
33.2. Simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.
34. Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct Marketing purposes and you will not receive any direct marketing emails thereafter.
35. www.kushalmehra.com will not Use your Sensitive Information for Direct Marketing purposes.
ENSURING INFORMATION IS ACCURATE AND UP TO DATE
36. We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up to date.
37. However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
37.1. Let us know if there are any errors in your Personal Information, specifically the address and contact details; and
37.2. Keep us up to date with changes to your Personal Information such as your name or address.
38. You may change your personal details by using the relevant facility on our App/Website or by contacting [email protected]
PROTECTING YOUR INFORMATION
39. www.kushalmehra.com will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorized access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be used or Disclosed in accordance with law, subject to the exceptions contained therein.
40. www.kushalmehra.com will not attempt to match de-identified or anonymous data Collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
41. www.kushalmehra.com requires employees and contractors to perform their duties in a manner that is consistent with www.kushalmehra.com’s legal responsibilities in relation to privacy, including those in this Privacy Policy.
42. www.kushalmehra.com will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine “need to know” as well as “right to know.”
6. HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
43. www.kushalmehra.com will permit its records containing your Personal Information to be accessed by you when required by the law. We may, however, refuse to provide you with access to your Personal Information if one or more of those matters contained in law Information – apply, including but not limited to instances in which:
43.1. We reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);
43.2. Giving access to the information would have an unreasonable impact on the privacy of any other individual; and
43.3. Your request for access is frivolous or vexatious or giving such access will be unlawful.
44. If www.kushalmehra.com is satisfied that:
44.1. Having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or
44.2. You (as the person to whom the Personal Information relates) request that we correct the information;
It will take reasonable steps to correct the records containing your Personal Information as soon as practically possible in accordance with the law.
45. If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.6.4 If you:
45.1. Wish to lodge a request to access and/or correct your Personal Information; or
45.2. Have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal; you may do so by contacting www.kushalmehra.com’s Customer Care at [email protected].
46. www.kushalmehra.comwill not normally charge a fee for processing an access request unless the request is complex or is resource intensive. ____________________ does, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a three month period.
47. 6.6 Where www.kushalmehra.com offers online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.
PAYMENT GATEWAYS
48. Our website and applications will have third-party payment gateway- RazorPay. All your transactions at RazorPay for placing an order on www.kushalmehra.com app/website shall be governed by the privacy policy of RazorPay available at _______________.
49. We do not obtain or store your bank account and payment details except the bare minimum necessary for order processing and refund processes. There is no personally identifiable data related to your bank account which is accessed by us or stored with us.
STAY ANONYMOUS WITH US
50. www.kushalmehra.com will not make it mandatory for visitors to its App/Website to provide Personal Information unless such Personal Information is required to answer an inquiry, placing and delivering your order or provide any other service. www.kushalmehra.com may however request visitors to provide Personal Information voluntarily towww.kushalmehra.com us as part of a commercial survey or questionnaire.
OUR COMMUNICATIONS WITH YOU
51. Our communications with you regarding your orders, your complaints, feedbacks and enquires shall be confidential and you agree that you will not disclose the same online without our express permission.
TRANSFERRING INFORMATION OVERSEAS
52. If we send Personal Information overseas, www.kushalmehra.com will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the law applicable there.
53. www.kushalmehra.com may disclose Personal Information to an overseas recipient without complying with 9.1 if:
53.1. You are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or
53.2. We reasonably believe that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Bulgarian law seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or
53.3. The Disclosure is required or authorized by an Indian Court of competent jurisdiction Court or tribunal or is done under the prevailing laws of India.
SECURITY POLICY
54. We maintain that security and safety of your data and personal information is of utmost importance to us. We have employed highest possible standard of security measures including but not limited to SSL encryption for payment related services for the same. We also assure you that all the payment procedures and gateways supported and employed by our App/Website are certified by concerned authorities as secure and safe.
55. Though we assure you that we have employed adequate physical and highly sophisticated technological methods to secure your data, we cannot guarantee you of absolute data safety. While we will take every reasonable step in protection of your data, we shall not be held liable for unauthorized and unlawful act of third parties that are alien to our control. We shall not be responsible for any unavoidable technical or physical glitch and for acts that are beyond human control.
INVITATION SERVICES
56. We may offer you the opportunity to use our invitation services and application so that you can tell your friends about www.kushalmehra.com. The service will enable you to import at your direction your contact list from certain email services that you may be using and to send an email on your behalf from your email address, inviting your friend to try our App/Website.
57. The information you provide will be used solely to facilitate your sending of the invitation and will not be stored or used by us for any other purpose. If you are a recipient of an invitation and have elected to opt out from receiving any further invitations from us, we will retain your email address solely for the purposes of honoring your opt-out further invitations.
BREACH OF PRIVACY POLICY
58. www.kushalmehra.com reserves the right to terminate or suspend any account or delete certain contents from any profile or public domain within the ambit of this App/Website if the said account or content is found to be in violation of our privacy policy.
59. We sincerely request you to respect privacy and secrecy concerns of others. The severity and consequence of any breach or dispute shall be determined in accordance with terms of service
LEGAL
60. These conditions shall be governed by and construed in accordance with Indian laws. All disputes are subject to jurisdiction of the courts of Lucknow, India. The Service can be accessed from any place around the world. However, by accessing the Service you agree that the laws of India, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of this Service. Users of this Service accessing it from places outside of India acknowledge that they do so voluntarily and are responsible for complying with local laws. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion
61. This Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and this supersedes and replaces all previous or coexisting understandings/agreements, written/oral, with respect to the subject matter. If any of these conditions are determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
62. All disputes arising out of in relation to the instant Privacy Policy shall be attempted to be resolved amicably between the Parties. Any dispute or claim which is not amicably settled between the Parties within thirty (30) days of written notice of such dispute or claim having been furnished by the complaining Party to the other Party, shall be resolved by a panel of 3 arbitrators. Each party shall appoint one arbitrator and the two appointed arbitrators shall mutually appoint the third arbitrator. The arbitration shall be subject to and in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of arbitration shall be Lucknow, India, unless an alternate location is acceptable to both Parties. The arbitration proceedings shall be conducted in the English Language and a record of the proceedings shall be maintained in English.
63. Neither the existence of any dispute nor the fact that any arbitration is pending hereunder shall relieve any of the Parties of their respective obligations under this Agreement.
CONTACT US
64. If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact www.kushalmehra.com’s Grievance Officer at [email protected] with subject: Privacy Policy.