PRIVACY POLICY

1. Purpose and Scope

We, Analemma Commerce Private Limited (“ACPL” or “we” or “our” or “us”), are committed to protecting the privacy of the information provider ("you" / "your" / "yourself"). We consider privacy and protection of your data/ information to be of high importance. Our practices and procedures in relation to the collection and use of your data/ information has been set-out below in this privacy policy (“Privacy Policy”). This Privacy Policy will familiarize you with the manner in which ACPL may collect, use, share, transfer and disclose your data/ information. This Privacy Policy forms an integral part of our terms of use [https://dermafique.com/dermafique-terms-of-use] to use our Website (“Terms of Use”).

The ACPL reserves the right, at its discretion, to change, modify, amend, add or remove portions of this Privacy Policy at any time without notice. We recommend that you review this Privacy Policy periodically to ensure that you are aware of the current privacy practices of ACPL. By visiting the website (https://dermafique.com/dermafique-terms-of-use) (“Website”), you agree to be bound by the terms and conditions of this Privacy Policy (which includes the Terms of Use). 

Your use of and access to the services provided on the Website is subject to your acceptance of the Terms of Use, which also involves the acceptance of this Privacy Policy. If you do not agree with the provisions of the same, you should discontinue the use of the Website immediately.  ACPL shall not be responsible in any manner whatsoever for any violation or misuse of Your personal information by unauthorised persons consequent to misuse of the internet environment.

This Privacy Policy shall be construed to be provided in compliance with the Information Technology Act 2000, as amended from time to time (“IT Act”), and shall be read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”), as applicable.

Definitions

In this Privacy Policy, unless the context otherwise requires:

        i. ‘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 ACPL, is capable of identifying such person.

                • 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 ACPL for providing service; and

                • any of the information received under any of the above Clauses by ACPL 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.

        iii. The words and expressions used in this Privacy Policy but not defined herein but defined in the IT Act or SPDI Rules will have the meanings assigned to them thereunder.

2. Types of information collected

        i. Information shared during using the services provided on our Website: Information that you may provide to us, voluntarily, while registering on our Website/using the services provided on our Website. This includes the information that we collect from you such as information related to your name, mobile number, electronic mail address, address, and payment information collected by PCI DSS compliant Razorpay like bank account details, debit card, credit card etc.  

        ii. Information automatically collected: We may automatically receive and record on our server log details relating to your access or use of Website, including but not limited to, your location, information about your internet connection and mobile device, internet protocol address, cookie information, web beacon information and details of the web pages you visit, etc. Further, we may also collect information about your preferences and settings such as time zone and language, your searches and the results you selected from the search.

        iii. Transaction Information: We collect transaction details related to your use of the Website while purchasing products, including the type of service requested, date and time the service was provided, amount charged, order(s) placed and other related transaction details. We may access information for data caching to make the Website faster.

        iv. 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 ACPL’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. 

3. Collection, Use, Processing and Retention of data/ information

        a. ACPL uses the information only for the purpose for which the same has been furnished. Our primary purpose for collecting information (including Personal Information and/or Sensitive Personal Data or Information) from you is to allow you to use the Website and avail our services offered on the Website in a seamless and efficient manner, including:

                i. to provide, maintain, develop, protect and improve the Website and products offered for sale on the Website, manage your account, etc.;

                ii. to understand your preferences and to enhance and customize Your experience of using the Website;

                iii. to send you offers based on your interests and prior activity, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers;

                iv. to respond to your comments, reviews and questions and provide better service;

                v. to carry out ACPL’s obligations and enforce ACPL’s rights arising from any contracts entered into between you and ACPL, including collection of amounts;

                vi. to communicate important notices or changes in the products or services provided by ACPL on the Website, use of the Website and the terms/policies which govern the relationship between you and ACPL;

                vii. for internal purposes such as auditing, data analysis and research relating to the products purchased by you, either directly by ACPL or through ITC Limited;

                viii. to undertake necessary fraud and money laundering prevention checks;

                ix. to comply with applicable laws, rules and regulations;

                x. for promotion and marketing purposes by ACPL and/or ITC Limited;

                xi. for sharing such information with ITC Limited or any third party, including any service providers and any associated entities of ACPL, in the course of providing or enabling sale of products through the Website; and

                xii. for any other legitimate business purposes.

        c. We will retain your information for as long as needed to provide you the services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your information may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide services effectively or is otherwise required under any other law for the time being in force. 

4. Disclosure and transfer of your Personal Information (Including Sensitive Personal Data or Information)

        a. We may share/disclose/ transfer your Personal Information (including Sensitive Personal Data or Information) to ITC Limited, our partners, associates, service providers, dealers, sellers and third parties as necessary or appropriate: 

                i. to carry out services on ACPL’s behalf under contract;

                ii. to provide you services in relation to the Website;

                iii. to provide you better services, personalize and improve products offered on the Website, for promotion and marketing purposes, etc;

                iv. in any manner permitted under applicable law; 

                v. to comply with any legal process whether local or foreign; 

                vi. to respond to requests from public and government authorities, including public and government authorities outside your country of residence; 

                vii. to enforce our Terms of Use and policies; 

                viii. when ACPL, in its sole discretion, deems it necessary in order to protect its rights or the rights of others;

                ix. to protect our rights or property, privacy, safety or property, and/or that of our affiliates, you or others; and

                x. to allow us to pursue available remedies or limit the damages that we may sustain.

You expressly consent to the sharing of Your information with such partners, associates, service providers, dealers, sellers and third parties as necessary or appropriate.

        b. The ACPL may also disclose or transfer your Personal Information (including Sensitive Personal Data or Information), to another third party as a part of reorganization or a sale of the assets or business of ACPL. Any third party to which ACPL transfers or sells its assets will have the right to continue to use such Personal Information (including Sensitive Personal Data or Information).

5. Information provider’s rights in relation to their Sensitive Personal Data or Information collected by ACPL

        a. All Sensitive Personal Data or Information provided to ACPL by you have been voluntarily provided to us. You have the right to withdraw your consent at any time in writing by sending an e-mail to us at [dermafiquesupport@analemma.co.in ], in accordance with the terms of this Privacy Policy. However, please note that withdrawal of consent will not be retrospective in nature and shall only be applicable prospectively. In case you do not provide your information or consent for usage of Sensitive Personal Data or Information or subsequently withdraw your consent for usage of the Sensitive Personal Data or Information so collected, ACPL reserves the right to discontinue the services for which the said information was sought.

        b. You may write to us at [dermafiquesupport@analemma.co.in ] to access, review, modify or correct your Sensitive Personal Data or Information or withdraw your consent to provide Sensitive Personal Data or Information. However, we are not responsible for the authenticity of the Sensitive Personal Data or Information provided by you.

        c. You agree and acknowledge that certain data or information may not be corrected or is prohibited to be modified 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 e.

6. Security Practices and Procedures

        a. We use reasonable security measures, at the minimum those mandated under the IT Act, and read with SPDI Rules, to safeguard and protect your Sensitive Personal Data or Information. You accept the inherent security implications of providing privacy to your information shared with us and you will not hold us responsible for any breach of security or the disclosure of Personal Information unless we have been grossly and willfully negligent. 

        b. We may enter into agreement(s) with third parties (in or outside of India) to store your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require such third parties to adopt reasonable security standards to safeguard your information / data.

        c. Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your data/ information, if such loss, damage or misuse is attributable to a Force Majeure Event. A “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, pandemic or any public health emergency, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc. 

7. Grievance Redressal

Any discrepancies and grievances with respect to processing of Sensitive Personal Data or Information or any complaints in relation to the products shall be informed to the Grievance Officer as mentioned below:

8. Cookies

A cookie is a small file that may be placed on your computer's hard disk for record-keeping purposes. Cookies do not contain any information that can personally identify you. By using this Website, you agree to our use of cookies as described in this Privacy Policy. We use the following cookies: 

        • Strictly necessary cookies: These cookies are needed for the Website to work. They include, for example, the cookies that keep track of whether a visitor is logged in to the Website.

        • Analytical/performance cookies: These let us recognise and count how many visitors we receive, and how they move around our Website. This helps us improve the Website, for example, so users can easily find what they are looking for.

        • Targeting cookies: These record your visit to our Website, the pages you have visited and the links you have followed. We use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

        • Third party cookies: Third parties may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

By entering this Website and clicking the “I accept” button, the visitor consents to the terms of this Privacy Policy. By submitting his/her data/information to ACPL, the visitor will be treated as having given his/her permission for processing the same in a manner provided in this Privacy Policy.