1. PURPOSE
We are committed to protecting your Data (defined hereinafter) and keeping it confidential. We make commercially reasonable efforts to protect your Data from unauthorized access or disclosure. This Privacy Policy is applicable to all Users (defined hereinafter) of our Website and explains how we collect, use, work with, disclose and protect your Data (defined hereinafter) in relation to our Website and/or the Services (defined hereinafter) provided by DAVICO.
2. ACCEPTANCE OF PRIVACY POLICY
2.1 You are welcome to log on to and use our Website. Any access or use of our Website and/ or the Services by you and/ or your representatives shall be deemed to be an express and unconditional acceptance by you of this Privacy Policy and all Updates (defined hereinafter) hereto, and this Privacy Policy and all Updates, read in conjunction with the Terms and Conditions shall be legally binding on you, regardless of when any Update has been effected upon the Website.
2.2 DAVICO has the right to Update this Privacy Policy from time to time, without prior notice. Any Update made to this Privacy Policy shall become effective immediately upon it being published on our Website or at such time as specified in the Update. Wherever possible, we will notify you of any material Updates to this Privacy Policy. However, you may not be able to receive notices from us if your cookies are not set to accept our notices and/ or are disabled. We recommend that you visit our Website from time-to-time to view our Privacy Policy and to become aware of any Updates or material changes.
3. DEFINITIONS
In this Privacy Policy, except as otherwise provided, capitalized terms shall have the meanings ascribed to them herein below:
“Account” shall mean the account created and maintained by the User on this Website subsequent to the registration process on this Website and shall include the Purchaser account.
“Content” includes, without limitation, any location information, recommendations, reviews, videos, audio clips, comments, data/information, text, photographs, software, scripts, graphics, and interactive features visible/ generated/ provided or otherwise made accessible by DAVICO on any Internet Based Platform or this Website.
“Data” shall have the meaning ascribed to it at Clause 4.3 hereof.
“Goods” shall mean small fine brilliant diamonds having cut: ‘excellent top’, clarity: (VVS1/VVS2), (VS1/VS2), (SI1/SI2) and color: (DEF), (GH), that you may purchase through this Website.
“Internet Based Platform” shall mean any interactive internet based platform whether used for purposes such as social/ professional interaction and/ or for e-commerce and/ or for business/ trading purposes and/ or education/ learning etc., by means of or through which any person(s) post/ share/ access/ collect data or information through the use of any device or instrument(s) such as computers, laptops, mobile phones, tablets, etc., and includes without limitation Facebook, Twitter, LinkedIn, Instagram, Snapchat, Pinterest, Amazon, Flipkart, etc.
“Linked Destination” shall mean any third-party websites and Internet Based Platforms, the links to which appear on this Website.
“Person” shall mean any of the following: an individual, a karta of a Hindu undivided family (HUF) acting on behalf of such HUF, sole proprietorship firm, partnership firm, limited liability partnership (LLP), Company, as the case may be. Person also includes their authorised or managing partners / Directors / representatives.
“Services” shall have the meaning ascribed thereto in the Terms and Conditions.
“Terms and Conditions” means the terms and conditions for the access/ use of the Website and/ or Services, as available on our Website.
“Update” shall mean and include any changes, modifications or amendments to this Privacy Policy or any parts hereof and shall also include, without limitation, the replacement of this Privacy Policy in its entirety and “Updated” used with reference to this Privacy Policy shall be construed in accordance with the foregoing.
“User” or “End-User(s)” or “you” or “your” shall mean any Person who accesses, downloads, uses and/ or views this Website and/ or the Services.
“Website” or “our Website” or “the Website” or “this Website” shall mean www.starmelee.com, which is owned by DAVICO and/ or DAVICO Parties.
All capitalized terms not defined in this Privacy Policy shall have the meanings ascribed to them in the Terms and Conditions or any other agreement entered into between DAVICO and you. The interpretation clause set out in the Terms and Conditions shall apply to this Privacy Policy.
4. COLLECTION AND RETENTION OF DATA
4.1 You shall provide us with your true, accurate and complete Data. We collect your Data to facilitate quality decision-making and to ensure the smooth functioning of our Website generally.
4.2 DAVICO is entitled to retain your Data in its sole discretion for such lengths of time that it may deem fit, based on its requirement to serve the purpose for which the Data has been furnished.
4.3 DAVICO collects and retains all data pertaining to the User and/ or the Registered User and/ or the Purchaser, as the case may be, and shall include without limitation: (i) all data or information entered on this Website or provided to us in any other manner, such as while communicating to us to seek some information or help, or subscribing to our bulletins or newsletter (if any), etc.; (ii) data or information pertaining to you that we may collect from any other internet based websites and/ or Internet Based Platforms you access/ use or subscribe to or are registered on and/ or your internet protocol (IP) address from which you access this Website, the browser type and operating system you use, your clickstream patterns, web beacons, the dates and times this Website is accessed, internet and domain host names, etc.; (iii) all data and information pertaining to you, including without limitation, name of the User, postal address, email address, pan number, telephone numbers, mobile phone numbers, photographs, credit/ debit card number, business related information, and all proofs or supporting papers pertaining to any of the foregoing, such as pan card, email verification, OTP, cell phone number, etc, and all other such data or information; and (iv) your computed data from all or any of the foregoing to administer this Website and improve its functions.to administer this Website and improve its functions (hereinafter individually and collectively referred to as “Data”).
5. HOW WE USE YOUR DATA
5.1 Your Data is collected and retained by us to customize your experience in using our Website, including but not limited to the following purposes: to troubleshoot problems; to respond to your enquiries, requests and emails; to provide clarity on the Services offered on our Website and fulfil requests for information regarding the Services offered by the various service providers registered with our Website; to send you information related to the Services; to send you marketing communications, surveys, advertisements, products and offers that may align with your interests; to enable you to use our Website to address any problems, technical or otherwise; and to aid you in the sale and purchase of Goods.
5.2 We also use your Data for internal purposes, including but not limited to the following: to conduct internal reviews and data analysis for our Website; improve the Services on our Website and tailor the Content and advertising to efficiently meet the needs of Users; to safeguard the integrity of our Website; to conduct internal reviews and data analysis of our Website.
6. SECURITY AND PROTECTION
6.1 DAVICO is committed to securing any Data you entrust to us and follows generally accepted industry standards in its endeavor to protect the same, during transmission, reception, etc. We use MD5 for encryption/ decryption of any Data you provide while using our Website or while availing any Service(s) offered. For details required under the KYC Information, we will use WordPress’ own encryption/ decryption methodology. All Credit Card/ Debit Card information will be secured by third-party vendors engaged by us to provide our Website with Payment Gateway services.
6.2 DAVICO uses the internet to collect and process your Data, in accordance with the provisions described in this Privacy Policy. Since the internet is a globally accessible platform, your Data undergoes transmission on an international level and cannot always be completely insulated from unauthorized use and access. By accepting this Privacy Policy, you consent to our use of the internet to collect, store and transmit your Data to and from our servers.
6.3 In the event any or all of your Data is disclosed to any User and/ or unauthorized third party for any reason whatsoever, including without limitation, by reason of an error in transmission, an act or omission committed by any person or for any other reason, DAVICO cannot be held liable or responsible in any capacity/manner whatsoever.
7. PASSWORD PROTECTION
DAVICO treats your Data with utmost confidentiality. To assure you of the security of your Data, we allow you to create a password upon creation of your Account. You will be required to enter your password to access your Account and will have the option to sign out once you have finished. Your password restricts any unauthorized access to your Data and guards your privacy once you have signed out. DAVICO takes stringent measures to protect your privacy. However, in the event that your password fails to protect your Data from hackers, unauthorized users or due to a system or software failure, DAVICO cannot be held liable or responsible in any capacity/manner whatsoever.
8. DISCLOSURE OF DATA
DAVICO reserves the right to disclose your Data for the purposes stated in this Privacy Policy and to the persons stated below. By accepting this Privacy Policy: (i) you consent to such disclosure, and acknowledge that your Data can be used by any of the below mentioned persons; and (ii) you acknowledge and agree that DAVICO shall not be liable or responsible in any manner whatsoever, in the event any of the persons below breaches its/ their confidentiality obligations to DAVICO or violates any provisions of applicable law and discloses or shares your Data with any unauthorized third party.
8.1 Lenders, Agents and Trustees: We will disclose your Data to prospective or existing Purchaser and/ or third-party payment gateway service providers. Any such Data disclosure requires Purchasers and/ or Service Providers to follow protection measures and not utilize the Data in any way other than as provided under this Privacy Policy read along with the Terms and Conditions. Although the Purchasers and Service Providers are subjected to a strict code of confidentiality, DAVICO cannot be held liable in the event any Purchaser and/ or Service Provider discloses your Data to any other third party.
8.2 Disclosure to Acquirers: DAVICO may transfer, sell or assign all or any part of your Data to any person or company that may acquire DAVICO and/ or DAVICO Parties and/ or this Website along with its Service(s), in part or whole, as a result of a merger, acquisition, reorganisation, change in control, sale, consolidation, transfer of assets or liquidation.
8.3 Disclosure Required under Law: We may disclose your Data as required by applicable law, including to comply with legal process or to provide Data to aid any investigation including where matters of public safety are involved or to respond to any judicial or quasi-judicial process and provide Data to any statutory, legislative or governmental authorities. We will fully cooperate with law enforcement agencies in identifying those who use the Website or Services for illegal activities and may, in our sole discretion, disclose your Data to satisfy any applicable laws, regulations, or government requests. Additionally, we reserve the right to voluntarily release any Data about Users who we believe are engaged in illegal activities or are otherwise in violation of our Terms and Conditions, even without any court order or summons, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate our Website or to protect our rights or property, or that of our officers, directors, employees, affiliates, vendors, Purchasers, third-party content providers, , Service Providers, suppliers, sponsors, licensors etc.
8.4 Disclosure to Service Providers: DAVICO is contractually engaged with third parties such as other companies, online Service Providers and online partners who perform functions such as production, analytics, reporting, processing payments, managing and improving our Website, evaluating the efficacy of the adverts posted on our Website, monitoring communication and Users on our Website and other such functions (“Service Provider(s)”), subject to strict confidentiality obligations. However, you acknowledge and agree that DAVICO shall not be liable in the event any Service Provider breaches its confidentiality obligations or violates any provisions of applicable law and discloses or shares your Data with any unauthorized third party.
8.5 Disclosure to Unaffiliated Third Parties: DAVICO may disclose your Data to the following third parties, who may or may not be affiliated with DAVICO and/ or DAVICO Parties: third party service providers for advertising on and through our Website, for analysing the efficacy of the adverts posted on our Website and for collecting Data relating to your use of our Website and the Services available thereunder; disclosing aggregated anonymized data sets inclusive of your Data to third parties to tailor offers to goods and services that relate to your interests and for direct marketing purposes; and to advertisers, potential partners and investors for statistical surveys and business analysis.
8.6 Miscellaneous: Finally, DAVICO may also disclose your Data to the following: credit bureaus for credit reporting; credit rating agencies; the Reserve Bank of India and other regulatory authorities that may require it in accordance with their guidelines or directions; to sponsors of contests and promotions organised through our Website; and to other similar third parties.
9. COOKIES
9.1 A cookie is a small text file that requires your consent before it gets stored on your computer hard drive or any other device, handheld or otherwise. A cookie gets downloaded when you use the internet and does not get deleted when you close the browser window. Cookies are used for statistical analysis purposes, to track the websites you visit, how you interact with the services and tools available on that website, ensure your safety while you browse the internet, tailor advertising that suits your interests and to personalize your web browsing experience. Cookies do not contain any softwares or any Data that can be used to identify you.
9.2 DAVICO uses traffic log cookies to understand and monitor how our Users use our Website. We analyse the Data we collect through cookies to personalize your experiences in using our Website and to find efficient ways to tailor our Content to your needs. Once the cookies have served their purpose and helped us improve our Website in the ways mentioned above, we delete any Data we have collected. DAVICO cannot and does not use cookies to access your computer or any other devices you may use while accessing our Website.
9.3 You have the option to accept or decline cookies. Web browsers are generally tuned to accept cookies automatically, but you have the option to modify this setting to automatically decline cookies. However, your rejection to download cookies will hinder and obstruct the use of our Website and you will be prevented from taking full advantage of the Services.
10. LINKED DESTINATIONS
10.1 Our Website may contain links to third party websites and Internet Based Platforms (“Linked Destinations”) which have their own privacy policies that govern any Data you may provide while accessing them. When you follow any links available on our Website, you are leaving the protection offered under this Privacy Policy and should not assume that DAVICO is in control of any Content contained in any Linked Destination.
10.2 Your choice to follow any link appearing on our Website is at your own risk and DAVICO cannot be held responsible or liable for the protection of your privacy or for the privacy policies of any Linked Destinations. You are advised to exercise strong caution and read the provisions of the privacy policies contained in any Linked Destinations that you choose to visit and to which you submit your Data.
11. CHANGING OR UPDATING YOUR DATA
Should you wish to change, update, modify or correct your Data in any way, you may do so by logging on to our Website by using your username and password. You may also make changes to your Data or request a copy of the same by writing to us directly at info@starmelee.com. We endeavor to ensure protection of your Data at all times and may require you to furnish additional proof of identity, as the case may be, in order to make any changes, if necessary.
12. COMMUNICATION
Without prejudice to what is set out herein or the Terms and Conditions, if you have any queries or assistance in using or understanding our Website and/or the Services, you may contact us on:
Name of Person: Mr. Karan Dave
Email ID: info@starmelee.com
13. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are as follows:
Name: Mr. Karan Dave
Email ID: info@starmelee.com
In the event you wish to make a complaint regarding any violation of the provisions of this Privacy Policy, you may send a written complaint to the Grievance Officer.
14. SEVERABILITY
Each provision of this Privacy Policy shall be separate, independent and severable from any other provision contained herein, except where expressly provided for or indicated by context. The invalidity, legality or unenforceability of any provision contained herein shall not affect the remaining provisions, which shall remain valid and enforceable to the fullest extent permitted by law.
15. ASSIGNABILITY
This Privacy Policy and any rights granted hereunder, may not be granted, assigned or sublicensed by you to any third party, without DAVICO’s written consent. However, we or our Website may at our/ its sole discretion assign this Privacy Policy and/ or the rights granted hereunder and/ or any of our/ its responsibilities/ obligations to any other person without notice to you.
16. WAIVER
Any failure or delay by DAVICO or our Website to exercise or enforce any right or remedy or any partial exercise or enforcement thereof, under this Privacy Policy will not constitute a waiver of that right or remedy or the remaining portion of such right or remedy or further exercise of such right or remedy, whether available under applicable law or in equity.
17. INDEMNITY
In the event any dispute, claim or legal proceedings arise/s out of any matter pertaining to your access or use of the Website and/ or to this Privacy Policy and/ or to the Terms and Conditions, including without limitation, the provision or disclosure of any Data by you, access/ use/ disclosure of your Data by any third party through our Website or otherwise, or through your use and access of our Website, you agree to indemnify DAVICO, its directors, employees, affiliates, nominees, agents, representatives, successors and assigns from and against all losses arising from or pertaining to the same and DAVICO will not be held responsible or liable for the same.
18. USER SUBMISSION
By using our Website and/ or the Services, you grant DAVICO a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, perform, display and otherwise fully use your Data in connection with the Website and/or the Services and our business (and our successors and assigns’ business), including without limitation to promoting and redistributing part or all of our Website (and derivative works thereof) and/ or the Services. You also hereby do and shall grant each User of our Website, including third party media, a non-exclusive license to access your Data through our Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, perform and display it in their use of our Website.
19. SAFEGUARD MEASURES
19.1 In pursuance of our commitment to protect your privacy, we have certain measures in place to safeguard your Data. However, our safeguard measures do not protect Data you provide that is freely accessible in the public domain or is available under the Right to Information Act, 2005, or under any other applicable law.
19.2 The following Data qualifies for protection under our safeguard measures: the password you use to register and log on to our Website; financial information and payment instrument details including your bank account details, credit cards and debit cards; sexual orientation; biometric information; medical history and records; any mental, physical or physiological health conditions; and any details and Data related to the aforesaid and received, stored or processed by us in connection thereof under any lawful contract or in any other way.
20. MISCELLANEOUS
This Privacy Policy shall be read in conjunction with the Terms and Conditions and all provisions of the Terms and Conditions shall be deemed to have been incorporated herein by reference and this Privacy Policy, together with the Terms and Conditions shall be legally binding on you.