THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND Dgiteck(BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE I ACCEPT TAB OR BY USE OF THE Dgiteck website OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND Dgiteck FOR YOUR USE OF THE Dgiteck website (DEFINED BELOW)
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE Dgiteck website, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE Dgiteck website. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO Dgiteck AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.
1. INTRODUCTION
(i) As stated under the Terms of Use, the Dgiteck website operated/ managed / administered by Dgiteck is a multi-faceted social networking cum marketplace websitelication and the various Services (as defined under the Terms of Use of the Dgiteck website) that are provided through the Dgiteck website can only be accessed by the User through a mobile phone.
(ii) In order to use/ access the Services of the Dgiteck website, the User shall be required to download the mobile websitelication ‘Dgiteck’ from the mobile websitelication stores like websitele’s website Store or Android’s Google Play Store. Further, the User is required to create and register an Account on the Dgiteck website by providing certain information including mobile number, email address, and date of birth etc. which in turn is required to be confirmed/ verified/ validated and is further retained by the Dgiteck being the operator of the Dgiteck website to enable the User to access the Services of the Dgiteck website.
(iii) In pursuance of the above, this privacy policy (hereinafter ‘Privacy Policy’) is being shared with the Users of the Dgiteck since Dgiteck being the operator of Dgiteck website is concerned about the privacy of the data and the information of the Users accessing various Services (including but not limited to marketplace) through the Dgiteck website.
(iv) The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Dgiteck and the terms “You” /”Your” / “Yourself” refer to the Users of the Dgiteck website. This Privacy Policy is a contract between the User and Dgiteck which is the operator of the Dgiteck website. This Privacy Policy shall be read together with the respective Terms Of Use of the Dgiteck website.
(v) Dgiteck is committed to the protection of the privacy and personal information of the Users in accordance with websitelicable law.
(vi) This Privacy Policy discloses Dgiteck practices for the Dgiteck website including the type of information being collected, the method of such information collection, use of such information and manner of sharing such information and can be accessed at https://www.Dgiteck.com . As per this Privacy Policy, Dgiteck protects personal information about the Users (as defined in the Terms of Use available at https://www.Dgiteck.com .
(vii) The User’s use of and access to the Dgiteck website is subject to this Privacy Policy and the Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.
(viii) By browsing, visiting, accessing and/or using the services available at Dgiteck website (or searching for any of the pages on the Dgiteck website), the User confirms that it is bound by this Privacy Policy (by the means provided on the Dgiteck website), or by using the Products and Services (as defined in Terms of Use), or by otherwise giving us its information, the User agrees to the practices and policies outlined in this Privacy Policy and hereby consent to our collection, use and sharing of its information as described in this Privacy Policy. Dgiteck reserves the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. If the User does not agree with this Privacy Policy at any time, do not use any of the Products and Services or give us any of its information. If the User use the Products and Services on behalf of someone else (such as its child) or an entity (such as its employer), the User represents that it is authorised by such individual or entity to accept this Privacy Policy on such individual’s or entity’s behalf.
(ix) By using the Dgiteck website and/or by providing its information, the User hereby consents to the collection and use of the information it discloses on the Dgiteck website in accordance with this Privacy Policy.
2. COMPLIANCES UNDER THE PRIVACY POLICY
This Privacy Policy is published in compliance with, inter alia:
1. Section 43A of the Information Technology Act, 2000;
2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the ‘SPDI Rules’);
3. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the IG Rules)
This Privacy Policy states the following:
- The type of data or information that the User shares with or provide to Dgiteck and that Dgiteck collects from the User
- The purpose for collection of such data or information from the User
- Dgiteck information security practices and policies
- Dgiteck policy on sharing or transferring the User’s data or information with third parties.
3. TYPE OF INFORMATION COLLECTED AND STORAGE OF SUCH INFORMATION
The “Information” (which shall also include data) provided by the User to Dgiteck or collected from the User by Dgiteck may consist of “Personal Information” and “Non-Personal Information”.
Dgiteck might also receive information about the User from other sources, such as updated delivery and address information from third party service providers, which Dgiteck may use to correct and update its records.
(i) Personal Information:
Personal Information is Information collected that can be used to uniquely identify or contact the User. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
- The User’s user name along with the password,
- The User’s name,
- The User’s address,
- The User’s telephone number,
- The User’s e-mail address or other contact information,
- The User’s date of birth,
- The User’s gender,
- The User’s Image,
- Information regarding the User’s transactions on the Dgiteck website, (including sales or purchase history),
- Internet Protocol address,
- User's phonebook or friend's contact information for VoIP calls or exchange messages
- Any other items of ‘sensitive personal data or information' as such term is defined under the SPDI Rules enacted under the Information Technology Act, 2000;
- Identification code of the User’s communication device which the User uses to access the Dgiteck website or otherwise deal with any Dgiteck,
- Any other Information that the User provides during its registration process, if any, on the Dgiteck website. Such Personal Information may be collected in various ways including during the course of the User:
- Registering/ creating an Account as a user on the Dgiteck website,
- Registering/ creating an Account as a seller on the Dgiteck website, availing certain services offered on the Dgiteck website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Dgiteck customer service by phone, email or otherwise or posting user reviews on the items available on the Dgiteck website, or
- otherwise doing business on the Dgiteck website or otherwise dealing with Dgiteck . Dgiteck may receive Personal information about the User from third parties, such as social media services, commercially available sources and business partners.
(ii) Non-Personal Information:
Dgiteck may also collect information other than Personal Information from the User through the Dgiteck website when the User visits and / or uses the Dgiteck website. Such information may be stored in server logs. This Non-Personal Information would not assist Dgiteck to identify the User personally. This Non-Personal Information may include:
- The User’s geographic location,
- Details of the User’s telecom service provider or internet service provider,
- Tthe type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
- Tthe operating system of the User’s system, device and the website/website the User last visited before visiting the Dgiteck website,
- Cookies: The duration of the User’s stay on the Dgiteck website is also stored in the session along with the date and time of the User’s access. Non-Personal Information is collected through various ways such through the use of cookies. Dgiteck may store temporary or permanent ‘cookies' on the User’s computer. The User can erase or choose to block these cookies from its computer. The User can configure its computer's browser to alert the User when Dgiteck attempts to send the User a cookie with an option to accept or refuse the cookie. If the User has turned cookies off, the User may be prevented from using certain features of the Dgiteck website.
- Advertisements: Dgiteck may use third-party service providers to serve ads on Dgiteck behalf across the internet and sometimes on the Dgiteck website. Dgiteck may collect Non-Personal Information about the User’s visits to the Dgiteck website, and its interaction with the Products and Services on the Dgiteck website. It may be noted that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.
- The User’s installed packages information
- The Information it provides to Dgiteck from time to time is and shall be authentic, correct, current and updated and further have all the rights, permissions and consents as may be required to provide such Information to Dgiteck .
- The User’s providing the Information to Dgiteck and Dgiteck consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
- Dgiteck and each of Dgiteck entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that the User or any other user provide to Dgiteck . The User shall indemnify and hold harmless Dgiteck and each of Dgiteck entities officers, directors, contracts or agents and any third party relying on the Information provided by the User in the event the User is in breach of this Privacy Policy including this provision and the immediately preceding provision above.
- The User’s Information may be stored on multiple servers subject to websitelicable laws of India.
4. PURPOSE FOR COLLECTION OF SUCH DATA OR INFORMATION
(i) General and Commercial Uses
Dgiteck collects, uses, stores and processes the User’s Information for any purpose as may be permissible under websitelicable laws (including where the websitelicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of the Dgiteck website and shall include the following:
- To facilitate the User’s use of the Dgiteck website or other services as may be provided by Dgiteck being operator of the Dgiteck website;
- To respond to the User’s inquiries or fulfil its requests for information about the various Products and Services offered on the Dgiteck website;
- To provide the User with information about Products and Services available on the Dgiteck website and to send the User information, materials, and offers from the Dgiteck website;
- To send to the User important information regarding the Dgiteck website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
- To send to the User surveys and marketing communications that Dgiteck believes may be of interest to the User;
- To personalize the User’s experience on the Dgiteck website by presenting advertisements, products and offers tailored to the User’s preferences;
- To help the User address its problems incurred on the Dgiteck website including addressing any technical problems;
- If the user purchases any Product or avail of any Service from the Dgiteck website, to complete and fulfil its purchase, for example, to have its payments processed, communicate with third parties regarding its purchase and provide the User with related customer service; The User acknowledges that Dgiteck website is a products/services aggregator and makes available to the User services and products listed by third party vendors on Dgiteck website/marketplace
- For proper administering of the Dgiteck website;
- To conduct internal reviews and data analysis for the Dgiteck website (e.g., to determine the number of visitors to specific pages within the Dgiteck website);
- To improve the services, content and advertising on the Dgiteck website;
- To facilitate seamless purchase experience while making a transaction by pre-paid instrument such as credit card, debit card, net banking etc. populating the OTP received through SMS by the User;
- To facilitate various programmes and initiatives launched by Dgiteck being the operator of Dgiteck website or third party service providers and business associates;
- To analyse how our services are used, to measure the effectiveness of advertisements, to facilitating payments;
- To conduct academic research and surveys;
- To protect the integrity of the Dgiteck website;
- To respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
- To conduct analytical studies on various aspects including user behaviour, user preferences etc.;
- To permit third parties who may need to contact users who have bought products from the Dgiteck website to facilitate installation, service and any other product related support;
- To implement information security practices;
- To determine any security breaches, computer contaminant or computer virus;
- To investigate, prevent, or take action regarding illegal activities and suspected fraud,
- To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
- To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any mobile websitelication or by Dgiteck website;
(ii) Additional Uses:
- Links to third party websites
- Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Dgiteck website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Dgiteck unless expressly specified on the Dgiteck website.
- Dgiteck is not responsible for any form of transmission, whatsoever, received by the User from any third party website/website. Accordingly, Dgiteck does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites/websites, nor does Dgiteck control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites/websites. The inclusion or exclusion does not imply any endorsement by Dgiteck of the third party websites/websites, the website's/websites’ provider, or the information on the website/website. The information provided by the User to such third party websites shall be governed in accordance with the privacy policies of such third party websites/websites and it is recommended that the User reviews the privacy policy of such third party websites prior to using such websites/websites.
(ii) Non-Personal Information:
- Advertisements on the Dgiteck website
- Dgiteck uses third-party advertising companies to serve ads when the User visits the Dgiteck website. These companies may partly use information provided by the User (not including your name, address, email address, or telephone number or any other information which personally identifies the User) about the User’s visits to the Dgiteck website and other websites/ websites in order to provide advertisements about goods and services of interest to the User.
(iii) Cookies
- A cookie is a small piece of data that is not Sensitive Personal Data or Information that is sent to the User’s browser from a web server and stored on the User’s computer's hard drive. A cookie cannot read data off the User’s hard disk or read cookie files created by other sites. Use of a cookie is in no way linked to any personally identifiable information while on the Dgiteck website. The User can choose whether to accept cookies by changing the settings of the browser. The User can reset its browser to refuse all cookies or allow the browser to show when a cookie is being sent. The only drawback to this is that you may be limited only to some areas or functions of the Dgiteck website. Some of the business partners of Dgiteck may use cookies on the Dgiteck website. The User may note that Dgiteck has no access to or control over these cookies. Dgiteck and its business partners may use cookies to better personalize the content, banners, and promotions that you see on the Dgiteck website.
(iv) Business / Assets Sale or Transfers
- Dgiteck may sell, transfer or otherwise share some or all of its assets, including the User’s Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Dgiteck entity will reasonably ensure that the Information the User have provided and which Dgiteck has collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which any of Dgiteck entity transfers or sells as aforesaid will have the right to continue to use the Information that the User provides to us or collected by us immediately prior to such transfer or sale.
5. SHARING AND DISCLOSURE OF THE USER’S INFORMATION TO THIRD PARTIES
- The User hereby agrees and permits that Dgiteck may transfer, share, disclose or part with all or any of its Information for the purposes of this Agreement in conformity with websitelicable laws. In such case Dgiteck will contractually oblige the receiving parties of the Information to ensure atleast the same level of data protection that is adhered to by Dgiteck .
- The User acknowledges and agrees that, to the extent permissible under websitelicable laws, it is adequate that when Dgiteck transfers its Information to any other entity within the User’s country of residence, Dgiteck will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
- The User unconditionally agrees and permits Dgiteck to access and read its SMS to autofill or prepopulate ‘OTP’ while making a transaction and to validate its mobile number.
- Dgiteck may share statistical data and other details (other than the User’s Personal Information) without the User’s express or implied consent to facilitates various programmes or initiatives launched by Dgiteck , its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. Dgiteck may transfer/disclose/share Information (other than the User’s Personal Information) to those parties who support Dgiteck business, such as providing technical infrastructure services, analysing how the services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy.
- Notwithstanding the above, Dgiteck uses other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable the User to make payments for buying products or availing services on Dgiteck . When the User signs up for these Services, the User may have the ability and/or option to save its card details and/or UPI details for future reference and faster future payments. In such case (where such option is specifically consented to by the User), Dgiteck may share the User’s relevant Personal Information as necessary for the third parties to provide such services, including the User’s name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and Dgiteck is not in any manner responsible or liable to the User or any third party for any delay or failure at their end in processing the payments.
- Dgiteck may also share Personal Information if Dgiteck believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
- Dgiteck reserves the right to disclose the User’s information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
- The User further agrees that such disclosure, sharing and transfer of its Personal Information and Non-Personal Information shall not cause any wrongful loss to the User or to any third party, or any wrongful gain to us or to any third party.
6. INFORMATION SECURITY PRACTICES AND POLICIES
- Dgiteck has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User's electronic devices through which the User avails the services including the Services listed in the Terms of Use, Dgiteck shall not be held liable for any loss whatsoever incurred by the User.
- Dgiteck implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Dgiteck business. The reasonable security practices and procedures implemented by Dgiteck include but are not limited to: encrypting data when it is on the move using industry standard practices, keeping all the data within private cloud, regularly changing production keys and password, secure and very limited access to all production servers, performing regular security updates on its servers and more.
- Dgiteck implements MD5 hash encryption to encode all infromation related to sharing User's Contact List or Phonebook. Such MD5 encryption generates a NON-REVERSABLE unique key for every contact information shared, before sending the data to our servers. No Clear Text data of the user's contact information will be sent and stored in our servers except user's own email address and phone number.
- Dgiteck takes the User’s right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose the User’s Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when Dgiteck , in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or websitely the Terms of Use.
- The User’s Personal Information is maintained by Dgiteck in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. Dgiteck takes all necessary precautions to protect the User’s Personal Information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Dgiteck business.
- It is important for the User to protect against unauthorized access to its password, its computer and its mobile phone. Dgiteck does not undertake any liability for any un-authorised use of the User’s login to Dgiteck website including Account and password. If the User suspects any unauthorized use of its login to Dgiteck website including Account, the User must immediately notify Dgiteck by sending an email to support@Dgiteck.com. The User shall be liable to indemnify Dgiteck due to any loss suffered by it due to such unauthorized use of the User’s login to Dgiteck website including Account and password.
- Dgiteck makes all User information accessible to its employees, agents or partners and third parties (including insurance providers) only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
- If the User chooses a payment gateway to complete any transaction on the Dgiteck website then the User’s credit card data, to the extent permitted by websitelicable laws, would 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).
- Dgiteck may share the User’s Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the purposes as mentioned herein. However, Dgiteck is not responsible for any breach of security or for any actions of any third parties that receive the User’s Personal Information. Dgiteck is not liable for any loss or injury caused to the User as a result of the User providing its Personal Information to third party (including any third party websites/websites, even if links to such third party websites/websites are provided on the Dgiteck website).
- Notwithstanding the above, Dgiteck is not responsible for the confidentiality, security or distribution of the User’s Personal Information by Dgiteck partners and third parties outside the scope of agreement with such partners and third parties. Further, Dgiteck shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Dgiteck including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
7. USER DISCRETION AND OPT OUT
- The User agrees and acknowledges that it is providing Information out of its own free will. The User has an option not to provide or permit Dgiteck to collect its Personal Information or later on withdraw its consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of Dgiteck as may be notified to the User. In such case, the User should neither visit any other website/website nor use any services provided by Dgiteck or its related entities nor shall contact any of Dgiteck related entities. Further, Dgiteck may not deliver products to the User, upon the User’s order, or Dgiteck may deny the User’s access from using certain services offered on the Dgiteck website.
- The User can add or update its Personal Information on regular basis. It may be noted that Dgiteck would retain the User’s previous Personal Information in its records.
8. CHILDREN INFORMATION
- Dgiteck does not knowingly solicit or collect personal information from children under the age of 18 and use of the Dgiteck website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If the User is under the age of 18 years then it must use the Dgiteck website, or Services under the supervision of its parent, legal guardian, or any responsible adult.
9. GRIEVANCE OFFICER
- If the User find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of its Personal Information under this Privacy Policy or any terms of Dgiteck Terms of Use, Term of Sale and other terms and conditions or polices of any Dgiteck entity, please contact the following:
- For Dgiteck India Private Limited: The designated grievance officer is websiteointed under Information Technology Act, 2000 and Consumer Protection (E-commerce)Rules, 2020. If you come across any abuse or violation of the Policy, please report to E-mail: grievance@Dgiteck.com The grievance officer may be changed by Dgiteck from time to time by updating this Privacy Policy.
10. FURTHER ACKNOWLEDGEMENTS
- The User hereby acknowledges and agrees that this Privacy Policy:
- Is clear and easily accessible and provide statements of Dgiteck policies and practices with respective to the Information;
- Provides for the various types of personal or sensitive personal data of information to be collected;
- Provides for the purposes of collection and usage of the Information;
- Provides for disclosure of Information; and
- Provides for reasonable security practices and procedures.
11. CHANGES TO THIS PRIVACY POLICY
- Dgiteck reserves the right to update, change or modify this Privacy Policy at any time. Any update, change or modification in the Privacy Policy shall come to effect from the date of such update, change or modification. However, it is the responsibility of the User to regularly check the Privacy Policy to ensure that the User agrees with it and the continued use of the Dgiteck website by the User will be deemed to be the acceptance by the User of any changes/modification that Dgiteck make in the Privacy Policy.
12. GOVERNING LAW AND JURISDICTION
- The governing law, jurisdiction and related matters with regards this Privacy Policy shall be in accordance with the ‘Terms of Use’.