This privacy policy is a published electronic record, in accordance with the provisions of 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 said “Act.”
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. This privacy policy does not require any physical, electronic or digital signature.
This privacy policy is a legally binding document between you and OrderFly Private Limited (both terms as 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 or the website or by other means) and will govern the relationship between you and OrderFly for your use of the website¸ web applications or the mobile application (as defined below).
Please read this privacy policy carefully. By using the website, web application or the mobile application, 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, web application or the mobile application. You hereby provide your unconditional consent or agreements to OrderFly as provided under section 43a and section 72a of Information Technology Act, 2000.
By providing us your or your customers’ information or by making use of the facilities provided by the website, web application or the mobile application you hereby consent to the collection, storage, processing and transfer of any or all of your or your customers’ personal information and non-personal information by OrderFly as specified under this privacy policy. You further agree that such collection, use, storage and transfer of your or your customers’ information shall not cause any loss or wrongful gain to you or any other person.
OrderFly private limited (“OrderFly” or “we” or “us” or “our") is concerned about the privacy of the data and information of users (“you” or “your” or “yourself”) accessing the services on OrderFly's websites, mobile sites, web applications or mobile applications ("website").
“Your customers” refer to end users who place orders with you for home delivery via mediums like telephone, mobile, your website, aggregator’s website, your mobile application, aggregator’s mobile application or any other source.
This privacy policy is a contract between you and OrderFly. This privacy policy shall be read together with the respective terms of use or other terms and conditions of OrderFly’s website, web application or mobile application.
This privacy policy is designed to tell you about our practices regarding collection, use, and disclosure of information or data that you may provide via the website, web applications or the mobile application. Please be sure to read this entire privacy policy before using or submitting information to this website, web application or mobile application.
Informing Your customers about this policy is solely your responsibility and OrderFly in no way is responsible for any dispute arising or raised by your customers out of such information sharing by you with OrderFly. By accepting you confirm to have taken this responsibility and indemnify OrdeFly from any such dispute.
1. Collection and storage of information
1.1. The information (which shall also include data) provided by you to OrderFly or collected from you by OrderFly may consist of your or your customers’ "personal information" and "non-personal information".
1.2. Personal information is information collected that can be used to uniquely identify or contact you and your customers. Personal information for the purposes of this privacy policy shall include, but not be limited to your and your customers’ name, address, contact number, e-mail address or other contact information, information regarding your and your customers’ transactions on the website, web application or the mobile application, your and your customers financial information, internet protocol address, 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; identification code of your or your customers communication device which you use to access the website or any other information that you provide during your registration process or during the process of availing our services, if any, on the website, web application or the mobile application.
1.3. Such personal information may be collected in various ways including during the course of you registering as a user on the website/web application/mobile application, registering as a merchant on the website, availing certain services offered on the website, web application or mobile application. Such instances include but are not limited to participating in any online survey or contest or otherwise or posting user reviews or otherwise doing business on the website.
1.4. We may receive personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access the website, web application or the mobile application through a social media service or connect a service on website to a social media service, the information we collect may include your and your customers’ user name associated with that social media service, any information or content the social media service has the right to share with us, such as your and your customers’ 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, web application or the mobile application through social media services or when you connect website to social media services, you are authorizing OrderFly to collect, store, and use and retain such information and content in accordance with this privacy policy.
1.5. OrderFly may also collect information other than personal information from you through the website, web application or the mobile application when you visit and/or use the website, web application or the mobile application. Such information may be stored with OrderFly. This non-personal information may include your and your customers’ geographic location, details of your and your customers’ telecom service provider or internet service provider, the type of browser, the operating system of your computer/device, the website you and your customers’ last visited before visiting the website, web application or the mobile application or the duration of your stay on the website is also stored in the session along with the date and time of your access.
1.6. OrderFly may also need you to provide/upload details of your customers/end users through the website, web application or the mobile application. This is when you enrol with OrderFly and consent to use our services. All such shared and uploaded information may be stored with OrderFly. This information may include the personal information of your customers and shall include, but not be limited to your customers’ name, address, contact number, e-mail address or other contact information etc.
Such information is required to ensure seamless delivery of orders to your customers and is in no manner intended for any other use. This information/data would be provided by you to OrderFly only for business purposes.
1.7. Non-personal information is collected through various ways such as through the use of cookies. OrderFly may store temporary or permanent "cookies" on your and your customers’ desktop/laptop/tablet/mobile devices. You or your customers can erase or choose to block these cookies from your computer. You can configure your computer’s browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. If you and your customers have turned cookies off, you and your customers may be prevented from using certain features of the website, web application and mobile application.
1.8. Please note that personal information and non-personal information may be treated differently as per this privacy policy.
1.9. You hereby represent to OrderFly that: a) the information you provide 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 OrderFly. B) your providing the information to OrderFly and OrderFly’s subsequent 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.
1.10. OrderFly and its officers, directors, contractors or agents shall not be responsible for the authenticity of the information that you and your customers or any other user provides to OrderFly. You shall indemnify and hold harmless to OrderFly and its officers, directors, contractors or agents and any third-party relying on the information provided by you and your customers in the event you are in breach of this privacy policy including this provision and the immediately preceding provision above.
1.11. You and your customers’ information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your and your customers data in countries other than the 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 and your customers information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your and your customers’ information/data.
2. Purpose for collecting, using, storing and processing of information
OrderFly collects, uses, stores and processes you and your customers information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) and shall include the following:
2.1. To facilitate your use of the website, web application or mobile application;
2.2. To respond to your inquiries or fulfil your requests for information about the various services offered on the website, web application or mobile application;
2.3. To process and complete the orders placed by your customers to you, and thereby on your request, service and complete the delivery; also with the participating merchants and is shared as needed to process and complete the orders;
2.4. To ensure that orders are successfully delivered, and to keep you informed on the status of the order;
2.5. To provide you with information about services available on the website, web application or mobile application and to send you necessary information, materials, and offers;
2.6. To send you important information regarding the website, web application or mobile application, inform you of the changes in terms and conditions, user agreements, and policies and/or other administrative information;
2.7. To send you surveys and marketing communications;
2.8. To personalize your experience on the website, web application or mobile application by presenting advertisements, services and offers tailored to your preferences;
2.9. To help you address your problems incurred on the website, web application or mobile application including addressing any technical problems;
2.10. If you avail any services from the website, web application or mobile application to complete and fulfil the same;
2.11. For proper administering of the website, web application or mobile application;
2.12. To conduct internal reviews and data analysis for the website, web application or the mobile application;
2.13. To improve services and content on the website, web application or the mobile application;
2.14. To conduct research, surveys, analytical studies on various aspects including user behaviour, user preferences etc.;
2.15. 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;
2.16. To implement information security practices;
2.17. To determine any security breaches, computer contaminant or computer virus;
2.18. To investigate, prevent, or take action regarding illegal activities and suspected fraud;
2.19. To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
2.20. To process any job application, you may submit;
2.21. 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, web application or mobile application offered by OrderFly; and
2.22. To enable a potential buyer or investor to evaluate the business of OrderFly;
All of the points listed in the section above are to be individually and collectively referred to as "purposes". You hereby agree and acknowledge that the information so collected is for lawful purposes connected with a function or activity of OrderFly or any person on its behalf, and the collection of information is necessary for the purposes.
3. Sharing and disclosure of your and your customers’ information
3.1. You hereby unconditionally agree and permit that OrderFly may transfer, share, disclose or part with all or any of your and/or your customers information, within and outside of the Republic of India to third party service providers/partners/banks and financial institutions for one or more of the purposes or as may be required by applicable law.
3.2. You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that OrderFly transfers your and/or your customers information to any other entity within or outside your country of residence.
3.3. OrderFly may share statistical data and other details (other than your personal information) without your express or implied consent to facilitates various programmes or initiatives launched by OrderFly, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share information (other than your personal information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, providing merchants services, facilitating payments, or conducting research and surveys. These affiliates and third-party service providers shall adhere to confidentiality obligations consistent with this privacy policy. Notwithstanding the above, we use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable you to make payments for availing services. When you sign up for these services, you may have the ability to save your card details for future reference and faster future payments. In such case, we may share your and your customers’ relevant personal information as necessary for the third-parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third-parties’ policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments.
3.4. We may also share your and your customers’ personal information if we believe 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.
3.5. We reserve the right to disclose your and your customers’ 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.
3.6. You further agree that such disclosure, sharing and transfer of your and your customers’ personal information and non-personal information shall not cause any wrongful loss to you or to any third party, or any wrongful gain to us or to any third party.
3.7. We and our affiliates will share/sell some or all of you and your customers personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to you and your customers personal information.
4. Link to other websites
4.1. Our website, web application or mobile application may provide links to other sites. These links are provided for your convenience only and the provision of these links does not mean that sites are related or associated with us. Please note that these sites have their terms of use and privacy policies. You should check their privacy policy before you submit your personal information or any other data with them. We don’t guarantee the content and the security of those sites.
4.2. We may have certain features on our website, web application or mobile application which may be hosted by third parties, your interaction with such features shall be governed by the privacy policy of such third parties.
4.3. We shall not be responsible for any loss, damage, claim or expense caused as a result of you accessing these third-party sites and features.
5. Security
5.1. We strive to ensure the security, integrity and privacy of your information and to protect your personal information against unauthorized access or unauthorized alteration, disclosure or destruction. We adopt adequate measures to prevent unauthorized access to your personal information.
5.2. We reserve the right to conduct a security review at any time to verify your identity. You agree to provide us all the information that we request for the security review. If you fail to comply with any security request, we reserve the rights to terminate your account with us and prohibit your access to the website, web application or mobile application.
5.3. We are not liable and cannot be held liable for any breach of security or for any actions of any third-parties that receive your personal information.
5.4. The trademarks, logos and service marks displayed on the website, web application or mobile application ("marks") are the property of OrderFly or their merchants or respective third parties. You are not permitted to use the marks without the prior consent of OrderFly, the merchants or the third-party that may own the marks.
5.5. Notwithstanding to anything contained in this policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your or your customers personal information. If such a loss, damage or misuse is attributable to a force majeure event (as defined below). A "force majeure event" shall mean any event that is beyond our reasonable control 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 data and storage device, computer crashes, breach of security and encryption, etc.
6. Choice/opt-out
You agree and acknowledge that you are providing your or your customers information out of your free will. You have an option not to provide or permit OrderFly to collect your or your customers’ 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 as may be notified to you.
7. Updates to this privacy policy
OrderFly may change the data privacy practices and update this privacy policy as and when the need arises, and the same will be made available on the website, web application and mobile application. But our commitment to protect the privacy of website, web application or mobile application users will continue to remain. We suggest that you regularly check this privacy policy to apprise yourself of any updates. Your continued use of website, web application or mobile application or provision of data or information thereafter will imply your unconditional acceptance of such updates to this privacy policy.
7. Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the grievance officer are provided below:
Name: Animesh Chaturvedi
Address: 5th floor, Orchid Business Park, Military Road, Marol, Andheri East, Mumbai – 400059, Maharashtra
Phone: +91 98190 58142
Email: [email protected]
Time: 09:30 AM
Last updated on: 29 April 2018