Privacy Policy

 

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 and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. This privacy policy does not require any physical, electronic or digital signature.

This privacy policy is a legally binding document between you and bigfyda (both terms defined below). This privacy policy will be effective once you accept the same (directly or indirectly in electronic form, by clicking on the "i accept" tab or by use or the website or by other means) and shall govern the relationship so created between you and bigfyda for your use www.bigfyda.com


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 documentcarefully. By using the 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 this website. You hereby provide your unconditional consent or agreements to bigfyda as provided under section 43a and section 72a of information technology act, 2000.

By providing us your Information or by making use of the services provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Bigfyda as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of Bigfyda and the terms "You" / "Your" / "Yourself" refer to the users.
This Privacy Policy is a legally binding contract between You and Bigfyda ventures whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms and conditions.

This Privacy Policy may be amended / updated from time to time. Upon amending / updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.

 

1. Information collected and storage of such Information:

The Information that we collect from you or information that you submit to us during your usage of the website to either purchase or to sell. The information that we collect consists of "Personal Information" and "Non-Personal Information".

 

1.1 Personal Information
Any and all information thus collected that can be used to uniquely identify or contact You is defined as  Personal Information for the purposes of this Privacy Policy. Such information but include, but shall not be limited to:

i. Your address,

ii. Your telephone number,

iii. Your e-mail address or other contact information,

iv. Your date of birth,

v. Your gender,

vi. Information regarding your transactions on the Website, (including sales or purchase history),

vii. Your financial information such as bank account information or credit card or debit card or other payment instrument details,

vii. Your financial information such as bank account information or credit card or debit card or other payment instrument details,

ix. Internet Protocol address,

x. Any other items of "sensitive personal data or information" as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;

xi. Identification code of your communication device which You use to access the Website or otherwise deal with any Bigfyda entity,

xii. Any other Information that You provide during Your registration process, if any, on the Website.


The collection of such Personal Information may be done through various sources including but not limited to:

i. Registering as a user on the Website,

ii. Registering as a seller on the Website,

iii. Availing any of the services offered on the Website.

iv. Otherwise doing business on the Website.

 

Notwithstanding anything that has been mentioned above we may also receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access the Website through a social media service. When you connect any social media service to the website for any of the purposes including but not limited to signing up or signing in, the information we collect may include your user name associated with that social media service and  any information or content you have permitted to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Website through social media services or when you connect any Website to social media services, you are authorizing Bigfyda to collect, store, and use and retain such information and content in accordance with this Privacy Policy.

1.2 Non-Personal Information

Bigfyda may also collect certain information other than discussed Personal Information above, from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Bigfyda to identify You personally.

 

This Non-Personal Information may include:

i. Your geographic location,

ii. Details of Your telecom service provider or internet service provider,

iii. The type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),

iv. The operating system of Your system, device and the Website You last visited before visiting the Website,

v. The duration of Your stay on the Website is also stored in the session along with the date and time of Your access,

 

The above mentioned Non-Personal Information is collected through various ways one of them being the use of cookies. Bigfyda may store temporary or permanent "cookies" on Your computer. It is a choice upon the user to erase or choose to block these cookies from Your computer using your browser settings. If You have turned cookies off, You may be prevented from using certain features of the Website.

Ads: Bigfyda may use third-party service providers to serve ads on Bigfyda's behalf across the internet and sometimes on the Website. They may collect Non- Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website.

Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.

 

You hereby represent that

i. All information you disclose to Bigfyda from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Bigfyda.

ii. Your providing the Information to Bigfyda and Bigfyda's 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.

 

Bigfyda and each of Bigfyda entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Bigfyda. You agree to indemnify and hold harmless in all situations, Bigfyda and each of Bigfyda officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.

Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. You allow and we may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.

 

2. Purposes:

Bigfyda hereby warrants that the information thus collected, used, stored, and processed shall be for any purpose as may be permissible under applicable laws from time to time (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Bigfyda entities and shall include the following:

2.1. to facilitate Your use of the Website;

2.2. to be able to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;

2.3. to provide You with information about products and services available on the Website and also to send out to You certain information, materials, and offers from Bigfyda;

2.4. to send to You the important information/s regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;

2.5. to send You surveys and marketing communications that Bigfyda believes may be of interest to You;

2.6. to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;

2.7. to help You address Your problems incurred on the Website including addressing any technical problems;

2.8. if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;

2.9. to conduct internal reviews and data analysis;

2.10. to improve the quality of services, content and advertising on the Website;

2.11. to measure the effectiveness of advertisements;

2.12. to conducting academic research and surveys

2.13. to protect the integrity of the Website;

2.14. to respond to any kind of 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;

2.15. to facilitate installation, service and any other product related support;

2.16. to investigate, prevent, or take action regarding illegal activities and suspected fraud,

2.17. to undertake forensics of the concerned computer resource as a part of investigation or internal audit;

2.18. 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 Website or by Bigfyda;

2.19. to enable a potential buyer or investor to evaluate the business of Bigfyda(as further described in paragraph 8 of the Privacy Policy).

 

[Individually and collectively referred to as ("Purposes")]

You hereby agree and acknowledge that any and all the Information so collected shall be for lawful purpose only and shall be connected with a function or activity of each of the Bigfyda entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.

 

3. Sharing of Your Information and its Disclosure:

3.1. You hereby acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Bigfyda transfers Your Information to any other entity within or outside Your country of residence, Bigfyda will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

3.2. Bigfyda may also share Personal Information if Bigfyda may believe that it is extremely 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.

3.3. We reserve the right to disclose your 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.


4. Links to third party websites

4.1. In the near future, links to the third-party advertisements, third-party websites or any third party electronic communication service may or may not be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Bigfyda unless expressly specified on the Website.

4.2. Bigfyda shall not be responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Bigfyda does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Bigfyda 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. The inclusion or exclusion does not imply any endorsement by Bigfyda of the third party websites, the website"s provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that You review the privacy policy of such third party websites prior to using such websites.

 

5. Security & Retention

5.1. The security of your Personal Information is extremely important to us. Bigfyda strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Bigfyda adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Bigfyda stores Your Personal Information.

Bigfyda agrees to ensure that the data is kept as securely as it protects its own.

Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Bigfyda entities from any claim of damages under contract or under tort.

5.2. For completion of a payment, you shall use a payment gateway to complete a transaction on the Website. Your Card/ Bank Account data may 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 by the payment gateway provider itself. (PCI-DSS).

5.3. Bigfyda may share your 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 Purpose. However, Bigfyda is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Bigfyda is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

5.4. Notwithstanding anything contained in this Policy or elsewhere, Bigfyda shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.

5.5. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Bigfyda and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Bigfyda), power or electricity failure or unavailability of adequate power or electricity.

5.6. While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.

5.7. You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely..

 

6. User decision:

6.1. You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Bigfyda to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Bigfyda entity as may be notified to You.

6.2. You can add or update Your Personal Information on regular basis. Kindly note that Bigfyda might retain Your previous Personal Information in its records.

 

7. Grievance Officer

7.1. If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Bigfyda's Terms and Conditions or polices of any Bigfyda entity, please contact the following:

Grievance Officer, Bigfyda Ventures, ‘Ban House’, Opposite Swami Narayan Temple, Akshar Marg, Kalawad Road, Rajakot. 360001. Gujarat (INDIA). Email : grievance@bigfyda.com

 

8. Business / Assets Sale or Transfers

8.1. Even though it cannot be predicted, however, Bigfyda may sell, transfer or otherwise share some or all of its assets, including Your 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 Bigfyda entity will reasonably ensure that the Information you have provided and which we have 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 Bigfyda entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.

8.2. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.