Privacy Policy – HTCL Technologies Pvt Ltd

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER (INCLUDING ANY AMENDMENTS THERETO) AND/OR ANY OTHER PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES IN INDIA. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND HTCL(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 HTCL Website OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND HTCL FOR YOUR USE OF THE HTCL Website (DEFINED BELOW)

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE HTCL 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 HTCL Website. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO HTCL AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

THIS PRIVACY POLICY IS TO BE READ ALONG WITH THE TERMS OF USE OF THE HTCL Website. ANY CAPITALIZED TERM NOT DEFINED HEREIN BUT USED IN THIS PRIVACY POLICY SHALL BE SUBJECT TO THE SAME DEFINITION AS SET FORTH IN THE TERMS OF USE.

1. INTRODUCTION

(i) As stated under the Terms of Use, the HTCL website operated/ managed / administered by HTCL is a multi-faceted social networking cum marketplace websitelication and the various Services (as defined under the Terms of Use of the HTCL website) that are provided through the HTCL website can only be accessed by the User through a mobile phone.

(ii) In order to use/ access the Services of the HTCL website, the User shall be required to download the mobile websitelication ‘HTCL’ 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 HTCL 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 HTCL being the operator of the HTCL website to enable the User to access the Services of the HTCL website.

(iii) In pursuance of the above, this privacy policy (hereinafter ‘Privacy Policy’) is being shared with the Users of the HTCL since HTCL being the operator of HTCL 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 HTCL website.

(iv) The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of HTCL and the terms “You” /”Your” / “Yourself” refer to the Users of the HTCL website. This Privacy Policy is a contract between the User and HTCL which is the operator of the HTCL website. This Privacy Policy shall be read together with the respective Terms Of Use of the HTCL website.

(v) HTCL is committed to the protection of the privacy and personal information of the Users in accordance with websitelicable law.

(vi) This Privacy Policy discloses HTCL practices for the HTCL 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.HTCL.com . As per this Privacy Policy, HTCL protects personal information about the Users (as defined in the Terms of Use available at https://www.HTCL.com .

(vii) The User’s use of and access to the HTCL 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 HTCL website (or searching for any of the pages on the HTCL website), the User confirms that it is bound by this Privacy Policy (by the means provided on the HTCL 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. HTCL 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 HTCL website and/or by providing its information, the User hereby consents to the collection and use of the information it discloses on the HTCL website in accordance with this Privacy Policy.

2. COMPLIANCES UNDER THE PRIVACY POLICY

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 HTCL and that HTCL collects from the User
The purpose for collection of such data or information from the User
HTCL information security practices and policies
HTCL 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 HTCL or collected from the User by HTCL may consist of “Personal Information” and “Non-Personal Information”.

HTCL might also receive information about the User from other sources, such as updated delivery and address information from third party service providers, which HTCL 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 HTCL 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 HTCL website or otherwise deal with any HTCL,
Any other Information that the User provides during its registration process, if any, on the HTCL 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 HTCL website,
Registering/ creating an Account as a seller on the HTCL website, availing certain services offered on the HTCL 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 HTCL customer service by phone, email or otherwise or posting user reviews on the items available on the HTCL website, or
otherwise doing business on the HTCL website or otherwise dealing with HTCL . HTCL 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:

HTCL may also collect information other than Personal Information from the User through the HTCL website when the User visits and / or uses the HTCL website. Such information may be stored in server logs. This Non-Personal Information would not assist HTCL 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 HTCL website,
Cookies: The duration of the User’s stay on the HTCL 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. HTCL 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 HTCL 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 HTCL website.
Advertisements: HTCL may use third-party service providers to serve ads on HTCL behalf across the internet and sometimes on the HTCL website. HTCL may collect Non-Personal Information about the User’s visits to the HTCL website, and its interaction with the Products and Services on the HTCL 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 HTCL 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 HTCL .
The User’s providing the Information to HTCL and HTCL 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.
HTCL and each of HTCL 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 HTCL . The User shall indemnify and hold harmless HTCL and each of HTCL 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

HTCL 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 HTCL website and shall include the following:

To facilitate the User’s use of the HTCL website or other services as may be provided by HTCL being operator of the HTCL website;
To respond to the User’s inquiries or fulfil its requests for information about the various Products and Services offered on the HTCL website;
To provide the User with information about Products and Services available on the HTCL website and to send the User information, materials, and offers from the HTCL website;
To send to the User important information regarding the HTCL 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 HTCL believes may be of interest to the User;
To personalize the User’s experience on the HTCL website by presenting advertisements, products and offers tailored to the User’s preferences;
To help the User address its problems incurred on the HTCL website including addressing any technical problems;
If the user purchases any Product or avail of any Service from the HTCL 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 HTCL website is a products/services aggregator and makes available to the User services and products listed by third party vendors on HTCL website/marketplace
For proper administering of the HTCL website;
To conduct internal reviews and data analysis for the HTCL website (e.g., to determine the number of visitors to specific pages within the HTCL website);
To improve the services, content and advertising on the HTCL 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 HTCL being the operator of HTCL 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 HTCL 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 HTCL 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 HTCL 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 HTCL website which are operated by third parties and are not controlled by, or affiliated to, or associated with, HTCL unless expressly specified on the HTCL website.
HTCL is not responsible for any form of transmission, whatsoever, received by the User from any third party website/website. Accordingly, HTCL 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 HTCL 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 HTCL 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 HTCL website

HTCL uses third-party advertising companies to serve ads when the User visits the HTCL 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 HTCL 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 HTCL 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 HTCL website. Some of the business partners of HTCL may use cookies on the HTCL website. The User may note that HTCL has no access to or control over these cookies. HTCL and its business partners may use cookies to better personalize the content, banners, and promotions that you see on the HTCL website.

(iv) Business / Assets Sale or Transfers

HTCL 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 HTCL entity will reasonably ensure that the Information the User have provided and which HTCL 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 HTCL 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 HTCL 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 HTCL will contractually oblige the receiving parties of the Information to ensure atleast the same level of data protection that is adhered to by HTCL .
The User acknowledges and agrees that, to the extent permissible under websitelicable laws, it is adequate that when HTCL transfers its Information to any other entity within the User’s country of residence, HTCL 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 HTCL to access and read its SMS to autofill or prepopulate ‘OTP’ while making a transaction and to validate its mobile number.
HTCL 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 HTCL , its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. HTCL may transfer/disclose/share Information (other than the User’s Personal Information) to those parties who support HTCL 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, HTCL 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 HTCL . 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), HTCL 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 HTCL 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.
HTCL may also share Personal Information if HTCL 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.
HTCL 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

HTCL 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, HTCL shall not be held liable for any loss whatsoever incurred by the User.
HTCL 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 HTCL business. The reasonable security practices and procedures implemented by HTCL 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.
HTCL 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.
HTCL 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 HTCL , 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 HTCL 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. HTCL 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 HTCL business.
It is important for the User to protect against unauthorized access to its password, its computer and its mobile phone. HTCL does not undertake any liability for any un-authorised use of the User’s login to HTCL website including Account and password. If the User suspects any unauthorized use of its login to HTCL website including Account, the User must immediately notify HTCL by sending an email to support@HTCL.com. The User shall be liable to indemnify HTCL due to any loss suffered by it due to such unauthorized use of the User’s login to HTCL website including Account and password.
HTCL 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 HTCL 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).
HTCL 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, HTCL is not responsible for any breach of security or for any actions of any third parties that receive the User’s Personal Information. HTCL 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 HTCL website).
Notwithstanding the above, HTCL is not responsible for the confidentiality, security or distribution of the User’s Personal Information by HTCL partners and third parties outside the scope of agreement with such partners and third parties. Further, HTCL 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 HTCL 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 HTCL 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 HTCL 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 HTCL or its related entities nor shall contact any of HTCL related entities. Further, HTCL may not deliver products to the User, upon the User’s order, or HTCL may deny the User’s access from using certain services offered on the HTCL website.
The User can add or update its Personal Information on regular basis. It may be noted that HTCL would retain the User’s previous Personal Information in its records.

8. CHILDREN INFORMATION

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 HTCL Terms of Use, Term of Sale and other terms and conditions or polices of any HTCL entity, please contact the following:
For HTCL 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@HTCL.com The grievance officer may be changed by HTCL 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 HTCL 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

HTCL 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 HTCL website by the User will be deemed to be the acceptance by the User of any changes/modification that HTCL make in the Privacy Policy.