THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW TIGABITS USES AND PROTECTS THE PERSONAL INFORMATION THAT THE USER PROVIDES TO US WHEN THE USER USES OUR MOBILE APPLICATION OR, ACCESSES AND VISITS OUR WEBSITE. THIS PRIVACY POLICY APPLIES ONLY TO PERSONAL INFORMATION COLLECTED ON THE MOBILE APPLICATION AND OUR WEBSITE. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE SERVICES OR ACCESS OUR MOBILE APPLICATION AND WEBSITE, USER AGREES TO THIS PRIVACY POLICY. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER MAY NOT USE OR AVAIL THE SERVICES OR ACCESS THE MOBILE APPLICATION OR WEBSITE.
We, tigabits.com (“Company”; “We”; “us”; “our”) have created and developed a
mobile application known as tigabits (“App”) and also own and operate a
website, namely tigabits.com, (together the “Platform”). The App
facilitates the service of buying and selling of various goods (“Services”)
between certain Vendors and Buyers (as defined below) who are registered on the
App. Wherein “Vendors” shall mean and include the retail entities that offer
the goods for sale, through the App. “Buyers” shall mean and include
individuals
who purchase the goods from the Vendors using the App. “Users” shall mean and
include the Vendors and Buyers registered on the App, as well as visitors to
our website.
For the provision of the Services, the Company shall collect the Personal
Information (defined below) of the Users.
If you (“you”) are using the Services or accessing the Platform on behalf of a
third party, you represent that you have the authority to bind such third-party
to the terms and conditions of this Privacy Policy and, in such an event your
use of the Services or the Platform shall refer to use by such third party. If
you do not have such an authority (to provide any Personal Information of a
third party) or do not agree to the terms of this Privacy Policy, then you
should refrain from using the Services. Additionally, you agree that you have
obtained a prior written consent from such third-party before uploading their
Personal Information on the Platform.
We are committed to protect the Personal Information and have made this Privacy
Policy to describe the procedures we adhere to for collecting, using, and
disclosing the Personal Information. We recommend the Users to read this
Privacy Policy carefully so that Users understand our approach towards the use
of their Personal Information.
GOVERNING STATUTE
This Privacy Policy is governed by and is compliant with the Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Data or Information) Rules 2011, which is designed to protect the Personal
Information; and other applicable rules and regulations related to
privacy.
PERSONAL INFORMATION
COLLECTED
This Privacy Policy applies to Personal Information collected and controlled by
the Company, through the Platform about the Users, for providing the Services.
For the provision of the Services, User is required to register with the App by
using the sign-up option available (“User Account”). During the registration
process and for using the Services, User shall be required to share/upload
certain Personal Information. For purposes of this Privacy Policy, “Personal
Information” means information that can be used to personally identify the
User, including but not limited to User’s name, delivery address,
residential/commercial address, mobile number, e-mail ID, and in case of
Vendor, the shop details such as address, photographs, registration number,
license number of the Vendor’s shop, PAN Card number, GSTIN, Vendor’s bank details
such as account name, account number, account type and IFSC code.
User undertakes and confirms that all the information disclosed/ to be
disclosed by you is disclosed willingly and without any coercion and that he
shall be solely responsible for the accuracy, correctness, or truthfulness of
the Personal Information shared with us whether of its own or any third party.
In the event the User is sharing any Personal Information on behalf of a third
person, the User represents and warrants that he has the necessary authority to
share such Personal Information with the Company, obtained a written consent
from such third party and the Company shall not be responsible for verifying
the same. The User may choose to withdraw his consent provided hereunder at any
point in time by written communication to the Company at support@tigabits.com.
Upon receipt of such communication the Company shall be entitled to store the
data in an anonymized manner without reference to the User and complete the
anonymizing the data within 7 days from the date of the communication. The User
understands and acknowledges that such Personal Information shall be subject to
the terms and conditions of this Privacy Policy.
NON-PERSONAL
INFORMATION
We collect User’s Internet Protocol (“IP”) addresses when User visits the
Platform to track and aggregate non-personal information. Non-personal
information may include the browser name, your usage and log related
information, the type of electronic device, manufacturer, make, model, unique
ID of the electronic device and other technical information about User’s means
of connection to our Platform, such as the operating system and the Internet
service providers utilized and other similar information. For example, we may
use IP addresses to monitor the regions from which User navigates our Platform.
User understands that this information shall be non-personal information and
could be used by the Company, for its own business purposes and to improve the
Services.
USE OF PERSONAL
INFORMATION
We shall use the Personal Information in the following cases: (i) to provide
User with the Services and to assist the User in the event the User needs any
additional support; (ii) for creation or development of business
intelligence or data analytics in relation to the Services provided by the
Company; (iii) to more effectively provide the Services to User; (iv) to
improve the Services; (v) to maintain and manage User Account; (vi) to assist
User with technical difficulties that may arise in relation to User’s use and
access of the Platform; (vii) to manage our relationship with User; (viii) for
internal record keeping; and (ix) to comply with our legal or statutory
obligations.
DISCLOSURES
In course of providing Services to you or access to the App we may share your
personal Information with certain parties (for consideration or otherwise).
Accordingly, you expressly give your free consent to us to disclose or share
your Personal Information in the following cases:
Administrators: We
may provide access to User’s Personal information to any of our authorized
administrators for an internal business purpose, who shall be under
confidentiality obligations towards the same.
Affiliates: We
may provide Personal Information we collect to our affiliates. For example, we
may disclose Personal Information to our affiliates in order to respond to
User’s requests for information or the Services.
Service
Providers: We may share User’s Personal Information to the
service providers, who are working with us in connection with the operation of
the Services or the App, so long as such service providers are subject to
confidentiality restrictions consistent with this Privacy Policy.
Joint Marketing
Arrangements: Where permitted by law, we may share User’s
Personal Information with joint marketers with whom we have a marketing
arrangement, we would require all such joint marketers to have written
contracts with us that specify appropriate use of User’s Personal Information,
require them to safeguard User’s Personal Information, and prohibit them from
making unauthorized or unlawful use of User’s Personal Information.
Merger or
Acquisition: We may transfer User’s Personal Information if
we are acquired by or we acquire or merge with another company or transfer a
part of our business, including the App, to a third party. Any third party or
resultant entity that receives the User’s Personal Information pursuant to a
merger, demerger, amalgamation, reconstruction, change in control or business
transfer shall have the right to continue to use User’s Personal Information.
In the event of such a sale or transfer, we may notify the Users.
Legal and
Regulatory Authorities: We may be required to disclose
User’s Personal Information due to legal or regulatory requirements. In such
instances, we reserve the right to disclose User’s Personal Information as
required in order to comply with our legal obligations, including but not
limited to complying with court orders, warrants, or discovery requests. We may
also disclose User’s Personal Information to (a) law enforcement officers
or others; (b) Credit Information Companies; (c) to comply with a judicial
proceeding, court order, or legal process served on us or the App; (d) to
enforce or apply this Privacy Policy or our other policies or agreements; (e)
for an insolvency proceeding involving all or part of the business or asset to
which the information pertains; (f) respond to claims that any Personal
Information violates the rights of third-parties; (g) or protect the rights,
property, or personal safety of the Company, or the general public. User agree
and acknowledge that we may not inform User prior to or after disclosures made
according to this section.
Notwithstanding anything mentioned hereinabove, the Company shall not be
responsible for the actions or omissions of the parties (including but not
limited to the entities listed above) with whom the Personal Information is
shared, nor shall the Company be responsible and/or liable for any additional
information User may choose to provide directly to any third party.
The User expressly agrees that the User will be communicating directly through
the App with the Vendors, Buyers and other third party service providers and
will be willfully sharing its information with Vendors and other third party
service providers, including payment apps, delivery agencies, and Buyers etc.
The Company does not itself store any payment card account information other
than Virtual Payment Address (VPA) that may be shared by you, or medical
prescriptions and does not have direct control over or responsibility for such
information shared with third parties.
DATA RETENTION
We will retain User’s Personal Information as long as it is required to be
retained for the purpose of provision of the Services. We may also retain and
use User’s Personal Information as necessary to comply with our legal
obligations, resolve disputes, and enforce our agreements.
SECURITY
User’s Personal Information is stored on our database which are either hosted
on a private cloud or public cloud. Although we provide appropriate firewalls
and protections, we cannot warrant the security of any Personal Information
transmitted as our systems are not hack proof. Data pilferage due to
unauthorized hacking, virus attacks, technical issues is possible, and we take
no liability or responsibility for it. Users are required to be careful to
avoid “phishing” scams, where someone may send User an e-mail that looks like
it is from the Company asking for User’s personal information. Hence, Company
cannot guarantee that transmissions of such information will always be secure
or that unauthorized third parties will never be able to defeat the security
measures taken by Company or Company’s third-party service providers. The
Company assumes no liability or responsibility for disclosure of User
information due to any reason, including but not limited to errors in
transmission, unauthorized third-party access, or other causes beyond its
control. Although the Company shall try best to protect the information. The
Company cannot take any guarantee for the security of the User data transmitted
through the Platform.
User is responsible for all the actions that take place under the User Account.
If User chooses to share User Account details and password or any Personal
Information with third parties, the User is solely responsible for the same. If
User loses control of the User Account, User may lose substantial control over
its Personal Information and may be subject to legally binding actions. It is
User’s responsibility to keep User’s password confidential and secure.
ACCESSING AND
MODIFYING PERSONAL INFORMATION
In case User needs to access, review, and/or make changes to the Personal
Information except for User’s mobile number, User may do so on his User
Account. If the User modifies his/her mobile number, then he/she has to
re-register on the App through a new User Account and deactivate the earlier
User Account. User shall keep User’s Personal Information updated to help us
improve our Services. If User updates, modifies or corrects his Personal
Information, we may continue to keep copies of the Personal Information prior
to such update, modification or correction for uses provided for in this
Privacy Policy. We shall not verify any such modifications or corrections made
by the User. User shall be solely liable for such modifications or
corrections.
INDEMNIFICATION
User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and
employees (each, an “Indemnified Party”) and hold the Indemnified Party
harmless from and against any claims and demand, including reasonable
attorneys' fees, made by any third party due to or arising out of or relating
to: (i) accuracy and correctness of Personal Information and contents that User
submits or shares through the App; (ii) User’s violation of this Privacy
Policy, (iii) or User’s violation of rights of another User.
LIMITATION OF
LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS
PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
RESERVATION OF RIGHTS
All rights not expressly granted in this Privacy Policy are reserved by the
Company and its licensors as the case may be. Nothing contained in this Privacy
Policy shall be construed as conferring by implication, estoppels or otherwise
any license or right under any copyright, patent, trademark or other intellectual
property right of Company or any other person or to User.
GOVERNING LAWS AND
DISPUTES
This Privacy Policy shall be construed and governed by the laws of India
without regard to principles of conflict of laws. Any dispute arising, between
the User and the Company shall be submitted to arbitration to be conducted in
Calicut, Kerala, India in English language, in accordance with the rules of
Arbitration and Conciliation Act of 1996 (as amended from time to time), by a
sole arbitrator, who shall be appointed by the Company and the award made in
pursuance thereof shall be binding on the Users and the Company. The dispute
resolution and arbitration process mentioned in this section shall not prohibit
parties from approaching the courts for appropriate interim reliefs. Parties
further agree that the courts in Calicut, Kerala, India shall have an exclusive
jurisdiction over such disputes.
CHANGES TO THIS
POLICY
We may update this Privacy Policy without notice to User. Users are encouraged
to check this Privacy Policy on a regular basis to be aware of the changes made
to it.
This Privacy Policy was last modified on Nov 25, 2020.
CONTACT US
If User has any question, concern or grievance regarding this Privacy Policy,
User can email us at our grievance email-address support@tigabits.com.
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