The website www.swabhav.in ("Website") is operated by Swabhav, a proprietorship firm (Swabhav) having its registered office at A-1/11 Main Road Maujpur, Delhi-110053.
This Policy establishes the terms and conditions, through which Swabhav intends to convey the manner in which the User’s information is collated and used by Swabhav while providing the services of the Website. When using the Website, each time the Users provide Swabhav with, or it is necessary for Swabhav to access any kind of information which, due to their characteristics, allows Swabhav to identify the User, such as User’s name, surname, email address, billing or shipping address, telephone number, type of device or credit or debit card number, etc. (hereinafter, "Personal Data”), whether for purposes of browsing, purchasing our products or using our services or functionalities, the User will be subject to this Policy, Use and Purchase Conditions and other documents cited therein (jointly "the Terms and Conditions") which are applicable at all times and should be reviewed to ensure you agree with them.
Users are requested to read and understand the Policy very carefully before using or accessing the Website. This Policy is binding on every User of the Website and Users who do not agree with the terms of this Policy should not use or access the Website.
In specific cases, a third party may have provided us with information about you by using a feature or service on the Website, for example by sending you a gift card or shipping an order to your address. In these cases, we only process your data where relevant to this feature or service, as stated in this Policy.
Swabhav reserves its right to change, edit, alter, amend, modify, review, revise or substitute this Policy with or without notice. By using the Website, the User’s signify they have carefully read, understood and agreed to be bound by this Policy and the Users expressly and voluntarily accept this Policy including any change, modification or substitution made to the Policy from time to time. Swabhav reserves its right to refuse services to any User who does not accept or violates the terms of this Policy.
In this Privacy Notice, the following definitions are used:
a small file placed on your device by our website or mobile application when you either visit or use certain features of our website or mobile application. A cookie generally allows a website to remember your actions or preference for a certain period of time.
includes non-personal information, personal information and sensitive personal information about you, which either directly or indirectly in combination with other information, could allow you to be identified when you visit our stores, website and/or mobile application.
Data Protection Laws
any applicable law for the time being in force in India relating to the processing of Data.
select third parties (including Swabhav) with whom we have contracts for the businesses described in this Privacy Notice.
includes entities to whom we or other Swabhav will disclose your Data in order to process information for a specific purpose pursuant to written contract.
User or you
the natural person who accesses our stores, website or mobile application.
MOBILE APPLICATION PERMISSIONS:
To locate nearby stores and return centers, if any
We are using this information to provide the functionality to call the customer care directly
To identify cellular network information for optimising performance on low bandwidth network
To provide image search and contact customer care with the images
To store or access photos captured by you at the time of contacting customer care or image search
To read OTP received automatically
We are using account's email id to send email notifications
Read your contact card for invite feature
COLLECTION OF PERSONAL DATA AND PROCESSING PURPOSES
The User may choose not to provide certain Personal Data or withdraw the consent subsequently with respect to such Personal Data by sending a written intimation through email mentioned herein. However, not providing certain compulsory information or withdrawing the consent may mean that it will not be possible to manage your registration as a User or to use certain functionalities or services available through the Website.
If any User is providing any Personal Data on behalf of any corporation, company, institution, association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to provide such information to Swabhav.
Swabhav collects information from the User when creating a User account or when the User is browsing for products, transacting an online purchase of products through the Website or while posting comments, uploading content or participating in any offers or contests or availing special gifts or communicating with customer support by phone, email or otherwise.
Swabhav receives, scrutinizes and stores Personal Data for security and technical reasons such as IP address, login id, email address, password, devise connection information transaction history, date, time and duration of session on the Website.
Swabhav automatically receives the URL of the site from which a User enters and the site to which the User exits, when the User leaves the Website. The Website receives the IP address of the User’s computer and the type of web browser a User is using, email patterns, etc. Swabhav will occasionally ask the User to complete optional online surveys. These surveys may ask the User for contact information and/or demographic information.
The User can add or update the Personal Data on a regular basis. When the User updates the Personal Data, Swabhav will retain a copy of the prior version for its records.
SHARING OF DATA
Swabhav may disclose aggregated information about the use of the Website, but it will never contain Personal Data that will identify a single User. Swabhav does not trade or sell Personal Data in any manner, except as specified in this Policy or if express consent is sought from the User. Swabhav understands that the Personal Data is very crucial and is important for the User. The User agrees and acknowledges that the Personal Data is disclosed or shared with: (i) third party vendors for delivery of the products ordered through the Website, (ii) third party service providers engaged by Swabhav to perform the services on Swabhav’s behalf, (iii) third party service providers for the purpose of the Website’s security, maintenance, repair or other technical reasons, (iv) Swabhav’s subsidiaries, affiliates, associate companies etc. to perform the services.
Service Providers: We may share your Data with Service Providers. Examples include storing and analyzing Data, protecting and securing our systems, providing search results and links, providing customer service, credit analysis, processing your information for profiling, user analysis and payment processing. These Service Providers will be required to only process Data in accordance with express instructions and as necessary to perform services for purposes set forth in this Privacy Notice. The Service Providers will also be required to safeguard the security and confidentiality of the Data they process by implementing appropriate technical and organizational security measures and confidentiality obligations binding employees accessing Data.
The User hereby guarantees that the Personal Data provided is true and exact and agrees to report any change or modification thereto. If the User provides Swabhav with the Personal Data of third parties, the user shall be responsible for having informed them and obtained their consent for these details to be provided for the purposes indicated in the corresponding sections of this Policy. Any loss or damage caused to the Website, Swabhav or to any third party through the communication of erroneous, inaccurate or incomplete information on the registration forms/ Website shall be the sole responsibility of the User.
The Personal Data is primarily used by Swabhav to facilitate a better, customized and convenient use of the Website’s services. Swabhav shall use the Personal Data inter alia for following purposes:
To manage your registration as a user of the Website. The Personal Data you provide us shall be used to identify you as a Website user, and to give you access to its different functionalities, products and services that are available to you as a registered user
To respond to the user’s queries, requests and inquiries and to update new features of the Website
To send communications from us regarding the user account, latest offers, exclusive promos, product launches, customer feedbacks etc. and any other relevant information/ communications.
The development, compliance and undertaking of the purchase contract for the products you have acquired or any other contract with Swabhav through the Website. In particular, you must bear the following in mind:
If you choose the option to save your card, you shall expressly authorize us to process the indicated details to be used as necessary for its activation and development. The card's security code (CVV or CVC) shall only be used for making the purchase and shall not be subsequently stored or processed as part of the payment details. Consenting to the activation of this functionality means that your data will automatically appear in these fields when making future purchases, so you will not have to enter your details again for each new purchase as they will be considered as valid and in place. You can change or delete your cards at any time through the My Account section. The use of this function may require you to change your access password for security reasons. Remember that security when using the Website also depends on the correct use and storage of certain confidential codes.
In the event that you have purchased a Gift Card, if you provide us with the personal data of third parties, you shall be responsible for having informed them and obtained their consent so that, in compliance with the Website’s Use and Purchase Conditions, we will be able to process their data for purposes of (a) managing the shipping or verifying receipt of the Gift Card, and (b) attending to any requests that you or said third party may make.
Activate the mechanisms necessary to prevent and detect unauthorized uses of the Website (for example, during the purchase and returns process as well as potential fraud being committed against you and/or against us. If we consider that the transaction may be fraudulent or we detect abnormal behaviour which indicates attempted fraudulent use of our features, products or services, this processing may result in consequences such as the blocking of the transaction or the deletion of your user account
For the purpose of invoicing
Contact the user by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as the app's push notifications etc., regarding updates or informative communications related to the functionalities, products or contracted services, including Website security updates, when necessary or reasonable for their implementation
Attend and manage user requests made using the available customer service channels in relation to the Website or the physical stores, as well as monitoring the quality of our service
To complete and fulfill the user’s purchase, process payments, communicate with the user regarding the user’s purchase and provide the user with related customer service
Personalise the services we offer the user and enable us to give you recommendations based on your interactions with Swabhav on the Website and an analysis of your user profile (for example, based on your purchase and browsing history). Likewise, show you ads on the Internet which you may see when visiting websites and apps, for example, on social media. The ads you see may be random, but on other occasions they may be ads related to your preferences or purchase and browsing history
processing, disclosing, transmitting, and/or sharing the data/information with Swabhav, and other third parties which have business or contractual dealings with us;
in connection with loyalty programs owned and operated by us or by other Swabhav;
communicate with you (including to respond to your requests, questions, feedback, claims or disputes) and to customize and improve our services;
provide you with offers (including for financial products and/or services), personalized services and recommendations and improve your experience on our website and mobile application;
Data Enrichment - When we gather your personal data from a variety of sources, we may consolidate them under certain circumstances for the purpose of improving our understanding of User needs and preferences related to our products and services (including for the purposes of analyses, generating user profiles, marketing studies, quality surveys and improving our interactions with our customers). This refers, for example, to the way we may combine your information if you have a registered account and, using the same email linked to your account, you make a purchase as a guest, or to information which is automatically compiled (such as IP and MAC addresses or metadata) which we may link with the information you have provided us directly through your activity on the Website or in any of our stores (for example, information related to your purchases, whether in stores or online, your preferences, etc.)
SERCURITY AND USER RESTRICTION
Swabhav implements standard measures to protect against unauthorized access to and unlawful interception of the Personal Data. However, no internet site can fully eliminate security risks. Swabhav endeavors to take all measures to protect the security, integrity and confidentiality of the Personal Data against unauthorized breach and hacking. For the purpose of checking possible vulnerabilities and attacks, Swabhav may conduct periodical internal review of data and security measures on the Website. Swabhav may use such software as it determines is best for maintaining security. However, the internet is not absolutely a secure environment, and the Website cannot ensure or warrant a 100% security of the Personal Data.
If any user is provided with any identification code, password or any other piece of information as part of the Website’s security procedure, the user should treat such information as confidential, and the user should not disclose it to any third party including to other users. To prevent third party’s access to the Website the user should sign out from the user account after availing the services through the Website. Swabhav has the right to disable the identification code or password, whether chosen by any user or allotted by Swabhav, at any time, if the user fails to comply with instructions or terms, conditions or policies of Swabhav.
The user is solely responsible for the activities that occur under the user’s account including the confidentiality of the user’s password and Swabhav is not responsible for the same. While using and accessing the Website, the user is responsible for maintaining the confidentiality of the user’s account and for restricting access to the user’s computer or other system or equipments through which the user uses and accesses the Website.
Notwithstanding anything contained in this Policy or elsewhere, Swabhav shall not be held responsible for any loss, damage or misuse of the Personal Data, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond the reasonable control of Swabhav and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
THIRD PARTY WEBSITES AND LINKS
INFORMATION ON COOKIES
This Policy is to be read in conjunction with and shall be deemed to be part of the Website’s terms and conditions of purchase and use.
The Personal Data resides in Swabhav’s database for a certain period of time even after the user ceases to use or access the Website and in such cases Swabhav is not be liable for any usage of the Personal Data after the user ceases to use or access the Website.
The user should be aware that the Personal Data or other data, the user provides to the Website for availing the services or transacting through the Website could be read, collected, or used by other users or third parties in which case the Personal Data might be used for sending unsolicited messages or communications for which Swabhav is not responsible.
The user agrees and acknowledges Swabhav’s right to utilize the user’s posts, contents, information and other personal data for the purpose of providing services through the Website. The contents on the Website may contain comments, post and reviews posted by the users which may be public and searchable on the internet in which case the user’s comments, post reviews and information and personal data provided to the Website may be viewed by other users and Swabhav cannot guarantee that other users or third parties have not made copies of or used the ideas and information that the user has shared on the Website.