(Updated as of 01 October 2019)
Santakart (hereinafter "Service", “we” or “us”) treats everything that is related to personal data with respect and integrity. We are committed to safeguarding the privacy of our website, of our services as data protection is of a particularly high priority for the management of our company.
First, we need to define, and it is important for you to understand, the expression: "Personal Data". It generically represents any kind of information about a physical person, whose particularities can lead, directly or indirectly, to its identification. Here you have, by way of example, but not limited to: name and surname, geographical address, any identification number, political orientation, sexual orientation, email address, any location information and any other online identifier such as the device used to access the Internet, IP address, or cookie information.
With regards of your agreement regarding the collection and use of personal data, we have taken all the necessary technical measures to provide you with this detailed agreement, so you can have a crisp clear experience, from the first to the last interaction with our website or our services.
Visitors and Users agree and accept that the use of our website is not possible without any indication of different forms of personal data.
Our data protection policy should be legible and understandable for the general public, as well as for our Users and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- Data Subject - is any identified or identifiable natural person, whose personal data is collected and processed by us.
- Processing - is any operation which is performed on personal data, such as collection, recording, organization, structuring, storage, etc.
- Restriction of processing - is the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling - means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person.
- Data Controller - is the natural or legal person, public authority, agency or other body, which determines the purposes and means of the processing of personal data;
- Processor - is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- Recipient - is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed. The processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party - is a natural or legal person, public authority, agency or body other than the ones above, who, under the direct authority of the controller or processor, are authorized to process personal data.
- Consent - is any freely given, specific, informed and unambiguous indication of data subject’s acceptance to the processing of their personal data.
The processing of personal data is in line with these latest international legislations applicable, respecting the general trend regarding the new principles in personal data protection:
- Indian Personal Data Protection Bill
- General Data Protection Regulation (GDPR), applicable in Europe;
- California Consumer Privacy Act (2018) and Privacy Act U.S.C. 552a (Privacy Act of USA);
We provide our services mainly in India. For the purpose of avoiding any compliance conflict with any terminology used by any particular legislation, in this document: ”Users” are the ”data subjects” and Santakart is the ”data controller”.
By means of this data protection declaration, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. This document describes the protection of our users and Users personal data.
A. COLLECTION OF INFORMATION
- Information including, but not limited to, user name, address, phone number, fax number, email address, gender, date and/or year of birth and user preferences ("Registration Information") may be collected at the time of user registration on the website.
- In connection with any transaction and payment services or services under our buyer protection schemes we provide the necessary information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers. Expiration dates and tracking information from cheques or money orders ("Account Information") may be collected too. We facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the website.
- We record and retain details of users’ activities on the website. Information relating to such transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information, any trade dispute records and any information disclosed in any discussion forum provided by us may be collected when sale and purchase transactions are conducted on or facilitated through the website.
- From time to time, we collect information about our users and prospective users during trade shows, industry events and other functions. The information we may collect at these locations may include, but is not limited to, user name, address, phone number, fax number and email address ("Event Information").
- We record and retain records of users' buying and browsing activities on our platform including but not limited to IP addresses, browsing patterns and buyer behavioral patterns. In addition, we gather statistical information about the website and visitors to the website including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together "Browsing Information").
- Registration Information, Account Information, Activities Information, Event Information and Browsing Information generally relate to business entities and are together referred to as business data (“Business Data”). Insofar and only insofar as they constitute personally identifiable data of living individuals, such information is together referred to as personal data (“Personal Data”).
- It is mandatory for users of the website to provide certain categories of Business Data and Personal Data (as specified at the time of collection). In the event that users do not provide any or sufficient Business Data and/or Personal Data marked as mandatory, we may not be able to complete the registration process or provide such users with our products or services.
B.PURPOSE OF COLLECTION
To fulfill our commercial purpose.
Our commercial purpose, by reference to the subject matter of our business, is providing of B2B online marketplace services, and the new rules of personal data protection, which are enforcing on to us, are part of this context.
To improve our services.
We always want to offer you the best online experience and for this we can collect and use certain information about your behavior and preferences when using the website, or we can conduct market research directly or through partners.
To improve your marketing activity
We want to keep you informed about the best offers for the products / services you are interested in. In this sense, we may send you any type of message (such as: email / SMS / phone / mobile push / web push / etc.) containing general and thematic information about similar or complementary products or services which you may have purchased, information on offers or promotions, as well as other commercial communications.
To defend our legitimate interests
There may be situations in which we use or transmit information to protect our rights and our commercial activity. These situations may include:
- measures to protect the website and platform users against cyber-attacks:
- measures to prevent and detect fraud attempts;
- transmission of information to the competent public authorities;
- other risk management measures.
We therefore commit ourselves:
- to protect the privacy of your data, which is a top priority for our company management;
- to use this data for the sole purpose of providing you with a personalized experience on our website as well as on the online platforms that we promote our products and services (Facebook and Google, etc.).
C.USE OF PERSONAL DATA
If you provide any Personal Data to us, you are deemed to have authorized us to collect, retain and use that Personal Data for the following purposes:
- verifying your eligibility to register as a user of the website;
- processing your registration as a user, providing you with a log-in ID for the website and maintaining and managing your registration;
- providing you with customer service and responding to your queries, feedback, claims or disputes;
- to facilitate communication between buyers and sellers on the website and processing your transactions on the website;
- performing research or statistical analysis in order to improve the content and layout of the website, to improve our service offerings and for marketing and promotional purposes;
- subject to obtaining your consent in such form as may be required under the applicable law, we may use your name, phone number, residential address, email address, fax number and other data ("Marketing Data") to provide notices, surveys, product alerts, communications and other marketing materials to you relating to goods and services offered by us on the website.
D.DISCLOSURE OF PERSONAL DATA
- You agree that we may disclose and transfer (whether within or outside the jurisdiction of the SantakartÒ entity that you are contracting with), for the purposes specified above, your Personal Data to other affiliated companies and/or their designated Service Providers of the Santakart Group, which comprises a group of companies operating leading online and mobile marketplaces in consumer and business-to-business commerce, as well as cloud computing and other services.
- When necessary we may also disclose and transfer (whether within or outside the jurisdiction of the Santakart entity that you are contracting with) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for the purposes specified above.
- Any Personal Data provided by you will be retained by us and will be accessible by our employees for a period of 60 months
- All voluntary Information may be made publicly available on the website and therefore accessible by any internet user. Any voluntary Information that you disclose to us becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. You should exercise caution when deciding to include personal or proprietary information in the voluntary Information that you submit to us.
- We may share your Account Information with banks or vendors to enable your transactions on the website to be completed. In addition, we may use your Account Information to determine your credit worthiness and, in the process of such determination, we may need to make such Account Information available to banks or credit agencies. While we have in place up-to-date technology and internal procedures to keep your Account Information and other Personal Data secure from intruders, there is no guarantee that such technology or procedures can eliminate all of the risks of theft, loss or misuse.
- We may provide statistical information to third parties, but when we do so, we do not provide personally identifying information without your permission.
E.RIGHTS REGARDING PERSONAL DATA
Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
You have the right to have any inaccurate personal data about you rectified and, considering the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances, you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes, and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
In some circumstances, you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation unless the processing is necessary for the performance of a task carried out for reasons of public interest.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the member state of your habitual residence, your place of work or the place of the alleged infringement.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
In accordance with the applicable laws, we reserve the right to charge you a reasonable fee for the processing of any data access or correction request.
A "cookie" is a small amount of data that is sent to your browser and stored on your computer's hard drive. A cookie can be sent to your computer's hard drive only if you access the website using a computer. If you do not de-activate or erase the cookie, each time you use the same computer to access the website, our web servers will be notified of your visit to the website and in turn we may have knowledge of your visit and the pattern of your usage.
You can determine if and how a cookie will be accepted by configuring the browser which is installed in the computer you are using to access the website. If you choose, you can change those configurations. By setting your preferences in the browser, you can accept all cookies or you can choose to be notified when a cookie is sent or you can choose to reject all cookies. If you reject all cookies by choosing the cookie-disabling function in your browser, you may be required to re-enter information on the website more often and certain features of the website may be unavailable.
The website and its contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our website. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact our Legal Department at the address set out in paragraph E above to remove the information.
Your data privacy and security is our priority. We employ commercially reasonable security methods to prevent unauthorized access to the website, to maintain data accuracy and to ensure the correct use of the information we hold.
For registered users of the website, your Registration Information and Account Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information, we store for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.