PIXIE DUST, a partnership firm,having its registered office address at B 40 Baba Nagar, St Peters Road, off Hill Road, Bandra 400050 ("Pixie Dust" or "we" or "us" or "our") are committed to protecting and respecting your privacy on its website located at http://pixiedust.in/ ("Website"). This privacy policy ("Policy") sets forth our commitment to respecting your online privacy and recognises the need for appropriate protection and management of any Personal Data (as definedhereinafter) and/or Sensitive Personal Data (as definedhereinafter) you share with us. The secure framework within which products are provided by Pixie Dust include the control of exchanged content, registrations as well as personal data by distinct, single individuals and/or entities browsing, accessing or using the Website for any reason, who may hereinafter be referred to as "you", "your", "yourself", "yourselves" or "Users". You and Pixie Dust may be referred to individually as a "Party" and jointly as the "Parties".

By installing and using the Website, through any device, you agree to our Policy.This Policy constitutes a binding agreement between you and Pixie Dust. By accessing, using and/or registering for the Website, you understand and agree to be bound by this Policy, including any modifications or amendments made thereto by Pixie Dust from time to time, at its sole discretion. If you do not agree to this Policy, you are not authorized to access or use the Website.

If, at a later date, you wish to withdraw this consent or change any information provided by you, please send us an email atconnect@pixiedustgifts.net

 

BY ACCESSING OR USING THE WEBSITE, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE; AND (III) ACCEPT THIS PRIVACY POLICY AND AGREE THAT YOU ARE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS, BROWSE OR USE THE WEBSITE.

 

This Policy describes the information including Personal Data and/or Sensitive Personal Data that we collect from you, as part of the normal operation, and what may happen to that information. This Policy does not apply to information that you provide to, or that is collected by, any Third Party (as defined hereinafter), such as social networks or payment gateways that you use which may be used in connection to our products. We encourage you to consult directly with such Third Parties about their privacy practices. This Privacy Policy is incorporated into and subject to the provisions of the Terms of Use (as defined hereinafter) and the terms not defined here, have the meanings ascribed to them in the Terms of Use. This Privacy Policy and Terms of Use are effective upon your browsing, accessing or using the Website. We encourage you to read the terms of the Privacy Policy and the Terms of Use in their entirety before you use the Website. We have prepared a detailed Policy because we believe you should know as much as possible about the Websiteand our practices to make informed decisions.

 

1. YOUR PRIVACY - OUR COMMITMENT

• We understand that you entrust us with certain Personal Data and/or Sensitive Personal Data and in exchange for your trust, you expect and deserve our commitment to treat your information in accordance with the terms of this Policy. We value your trust in us and aspire to earn your confidence so that you can access our Website unhesitatingly. Please read the following Policy to understand how your Personal Data and/or Sensitive Personal Data will be treated.

• For the purposes of this Policy, the following terms shall have the meaning set forth below:

• "Applicable Laws" shall mean any and all: (a) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (b) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any governmental authority, now or hereafter in effect and, in each case, as amended from time to time;

• "Data Protection Law" shall mean any data protection, data security or privacy law, including, without limitation, the Information Technology Act, 2000 ("IT Act and any laws governing Personal Data, Sensitive Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws;

• "Personal Data" shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes "personal data" under the IT Act or similar terms under other Data Protection Law;

• "PersonalIdentificationInformation" shall mean your name, address, identification number, phone number, and includes any other information by which you may be personally identified;

• "Sensitive Personal Data" or"Sensitive Personal Information" with respect to a person shall mean such personal information which consists of information relating to:

• biometric information;
• health data;
• sex life;
• religious or political beliefs;
• official identifiers;
• biometric data;
• physical, physiological and mental health condition;
• sexual orientation;
• any detail relating to the above clauses as provided to us for providing the products; and
• any of the information received under above clauses by us for processing, stored or processed under lawful contract or otherwise;

• "Terms of Use" shall mean the terms of use of the Website;and

• "Third Party" shall mean a party which is not a signatory to this Policy.

 

2. INFORMATION WE COLLECT

• In order to provide our products to you, we may collect, use, or disclose the following (set out below) data:

• information that you provide on the Website while purchasing any products on the Website or information/details provided by you on the Website which includes your Personal Identification Information, Personal Data, Sensitive Personal Data and other information provided at the time of browsing the Website, registering to use the Website, posting testimonials or requesting further products from us. Although you can browse through the Website without giving any Personal Data and/or Sensitive Personal Data about yourself, Personal Data and/or Sensitive Personal Data is required in order to purchase the products . Where possible, we indicate which fields are mandatorily required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website, unless we require it so.

• if you contact us, we may keep a record of thatcorrespondence and information within;

• we may also ask you to complete surveys that we use for research, marketing, promotional or any other purposes, although you do not have to respond tothem;

• details of your visits to the Website and the resources that youaccess;

• geo-location information, IP address, sensor data from your device, information about things near your device, such as wi-fi access points, cell towers, and Bluetooth-enabled devices subject to your settings and device permissions;

• information about the apps, browsers, and devices you use to access our Website, which helps us provide features like automatic updates. The information we collect includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number;

• other additional information provided by you when you fill a form, update or add information to the Website, respond to surveys, provide feedback and testimonials, communicate with our customer care team or use other features of our Website;

• other information as may be required or necessary, for example in connection with a promotion or when you report a problem with the Website; and

• information directly related or incidental to any of theabove.

• We collect your Personal Data in three primary ways:

• Personal Data that you give to us;

• Personal Data that we receive from other sources; and

• Personal Data we collect automatically.

 

3. HOW WE USE YOUR PERSONAL DATA

 

• By providing consent under this Policy, you grant us the permission to collect, use, share, copy, transmit, store and back-up your Personal Data and/or Sensitive Personal Data for purposes of providing products and/or for any other purpose mentioned below. This is subject to the restrictions in Clause 14 (Data Protection) of this Policy.

• We shall not be responsible for the authenticity of the Personal Identification Information, Personal Data, Sensitive Personal Data or any other information supplied by you to us or any other person acting on our behalf.

• The purposes for which the Personal Data and/or Sensitive Personal Data may be used by us include:

• to enable you to access and use our Website including the purchase of any products available on the Website;

• ensuring that the content of the Website is presented in the most effective manner for you and for your computers and/or other devices;

• business management and planning, including for accounting and auditing;

• providing you with alerts, newsletters, materials or information that you have requested or signed up for;

• allowing you to participate in interactive features on our Website, when you choose to do so;

• complying with the Applicable Laws and regulations;

• for legal proceedings, including collecting overdue amounts and seeking professional advice;

• improving and furthering our Website subject to your exercise of Opt-Out as per this Policy;

• to notify you about changes to the products that we offer and to directly market products to you and also inform you about our latest deals, products, updates and special offers and for promotion and marketing purposes;

• resolving disputes, troubleshooting problems and measuring your interest in the products provided by us;

• detecting and protecting us against fraud and other criminal activities;

• enforcing the Terms of Use;

• conducting data analytics studies to review and better understand User satisfaction and needs;

• providing customer service;

• sending service or support messages, security alerts, notifications, updates etc;

• optimizing the Website, User experience and customizing your experience;

• improving our marketing and promotional efforts, to analyse site usage, push relevant advertisements, improve our products and service offerings, and customize the Website's content, layout; and/or

• purposes directly related or incidental to any of the above.

 

4. DISCLOSURE OF YOUR PERSONAL DATA

• Personal Data and Sensitive Personal Data may also be used by us to facilitate communication with you, for processing our internal administrative functions andrecordkeeping.Weshall keepallPersonal Data and Sensitive Personal Data confidentialandtakestepsto prevent unauthorized disclosures of the same, to the best of our ability. However, you agree we may disclose such information to:

• our personnel, employees, agents, representatives, advisers, auditors, contractors, financial institutions and service providers including but not limited to logistics service providers, suppliers etc. to the extent reasonably necessary for the provision of the products or in connection with any of ouroperations;

• our overseas offices, affiliates, business partners and counterparts (ifany);

• the requisite persons/authorities, including governmental authorities, in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms of Use or this Policy;

• persons under an obligation of confidentiality tous;

• persons to whom we are required to make disclosure under Applicable Laws and regulations; and/or

• from time to time, reveal general statistical information about our Website and visitors, such as number of visitors, number and type of products purchased, etc.

• We may transfer your Personal Data if we are acquired by or merged with another company. In such an event, we shall notify you and take your prior consent before your Personal Data is transferred and becomes subject to a different privacy policy.

• All your activity on our Website from the time you logon until you logoff is encrypted with a SSL certificate to ensure it remains private. We neither capture nor store your credit/debit card or UPI related information. To make payments for our products, you enter your payment details at certain Third-Party payment sites.

• Advertisements

When you avail our products or enter Personal Data and/or Sensitive Personal Data on the Website, such Personal Data and/or Sensitive Personal Data is used by us in accordance with the terms of this Policy. We may also aggregate information and disclose such information in a non-personally identifiable manner to advertisers and other Third Parties for other marketing and promotional purposes. We don’t share Personal Data and/or Sensitive Personal Data that personally identifies you with advertisers, such as your name or e-mail address, unless you ask us to.

 

• Posting to Public Forums

Please remember that if you post any of your Personal Data and/or Sensitive Personal Data in public forums of the Website, including for any testimonials we may post, such information may be collected and used by others over whom we have no control. You are to please note that these testimonialsmay be made available in the public domain.

• We may share your Sensitive Personal Data without obtaining your prior consent with: (i) governmental authorities who are mandated to obtain information under Applicable Laws including Sensitive Personal Data or information for the purpose of verification of identity, or for prevention, detection, investigation including for cyber incidents, prosecution and punishment of offences; and (ii) any Third Party by an order under any Applicable Law for the time being in force.

 

5. RIGHT TO OPT-OUT

• You have provided Personal Data and/or Sensitive Personal Data in connection with the use and access to our Website, to process any application for products from Pixie Dust, wherein failure to supply such Personal Data and/or Sensitive Personal Data may result in the application for products being rejected.
• We intend to use your Personal Data in advertising and marketing of our Products. We may also provide your Personal Data to social media platforms/other persons for their use in direct marketing, whether or not such persons belong to Pixie Dust. Please note that such social media platforms and persons are not controlled or supervised by Pixie Dust, and any queries regarding how such Third-Party platforms will process your Personal Data should be directed to such person. However, we cannot do so without your consent.

 

6.                  SECURITY

What We Do

• We are committed to the safety and security of your Personal Data and Sensitive Personal Data. We care about protecting your information. That's why we put in place appropriate measures that are designed to prevent unauthorised access to, and misuse of, your Personal Data. We are committed to taking all reasonable, appropriate steps to protect the PersonalDatathat we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures, including firewalls, encryption measures and disaster recovery plans;

• If you suspect any misuse or loss of or unauthorised access to your Personal Data, please let us know immediately. Please raise your concern with connect@pixiedustgifts.net;

• in the first instance, and we will investigate the matter and update you as soon as possible on next steps;

• We also may subject ourselves to regular checks by Third Party security evaluation specialists and restrict access to your Personal Data by our personnel on a need-to-know basis only. Once we have received your Personal Data, we will use strict procedures and security features to try to prevent, as far as is reasonably possible, unauthorized access to your Personal Data; and

• You shall accordingly agree that we shall not be held liable for any accidental dissemination of Personal Data that has occurred in spite of our best efforts and procedures to maintain the confidentiality thereof.

What You Should and Should NotDo

 

You should keep your details strictly confidential at all times and not share these details with anyone. In public areas, you should exercise caution and not leave your computer/mobile device unattended. The use of established malware and virus protection software and applications for your device is recommended. You should also avoid using public computer terminals to access the Website, unless you can adequately verify that the terminal is free from spyware and that you can erase all of your information upon exiting the terminal. We will not be liable for any loss or damage arising from unauthorized access to your account due to any failure to comply with these precautions.

6.3       Please remember that if you post any Personal Data in public areas of the Website, such information may be collected and used by Third Parties over whom we have no control.

 

7. DATA RETENTION

• We shall retain Personal Data for as long as it is necessary. We will not keep your Personal Data for longer than is necessary for the purpose for which we collect it unless we believe that we are required to preserve it under Applicable Law. Such data may be archived as long as we believe that the purpose for which it was used still exists or as necessary for our legitimate business interests or for complying with legal obligations.

• When it is no longer necessary to retain your information, we will delete your Personal Data from our systems. While we will endeavour to permanently erase your Personal Data once it reaches the end of its retention period, some of your Personal Data may still exist within our systems if, for example, it is waiting to be overwritten. For our purposes, this Personal Data has been put beyond use, meaning that while it still exists in the electronic ether, our employees will not have any access to it or use it again. This is subject to retention for purposes of complying with Applicable Laws, resolving disputes, enforcing the terms of our Policy and/or Terms of Use, and protecting our intellectual property rights.

 

8. CONTROL OF YOUR PERSONAL DATA

 

• You have various rights in relation to the Personal Data we hold about you. We have set these out below:

• to check whether we hold any of your Personal Data, and to access suchdata;

• to ask for a copy of any of your Personal Data we hold;

• to require us to correct any Personal Data relating to you that is inaccurate or deficient as soon as reasonably practicable, when communicated to us in writing;

• to ascertain our policies and practices in relation to Personal Data and the kind of Personal Data held by us;

• to object to the use of your Personal Data where we do so for one of the following reasons: (a) because it is in our legitimate interests to do so; (b) to enable us to perform a task in the public interest or exercise official authority; (c) to send you direct marketing materials; or (d) for scientific, historical, research, or statistical purposes;

• right to withdraw consent, where we have obtained your consent to process your Personal Data for certain activities;

• to nominate a legal heir or representative as your nominee in the event of your demise or death; and

• to ask us to erase and forget your Personal Data.

To get in touch with us about any of these rights, please contact us at connect@pixiedustgifts.net. We will seek to deal with your request without undue delay, and in any event within 1 (one) month (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise.

• You may request to review, correct, update, erase, or otherwise modify any Personal Data that you have previously provided to us, or object to the use or processing of such Personal Data by us. Please send us requests for the same on connect@pixiedustgifts.net.While the majority of questions and issues related to access or requests can be handled quickly, complex requests may take more research and time. We reserve the right to charge a reasonable fee for processing any data access request(s).

 

9. SERVICE PROVIDERS

• We may use a variety of Third Party service providers to help us provide our products. Service providers may be used, including without limitation, for the following purposes:

• to provide shipping, return, warranty and any other related products;

• to authenticate your identification information and documents;

• to process any payments made for the products;

• to check information against public databases;

• for fraud prevention and risk assessment;

• to allow the provision of products through Third Party platforms and software tools;

• to provide marketing and customer service; and

• to process and handle claims.

• The Third Party service providers shall have limited access to your Personal Data for performanceof the above tasksand in accordance with our strict directions and policies.

 

10. USE OF COOKIES AND SIMILAR TECHNOLOGY

 

• We may automatically track certain information about you based upon your behaviour on our Website. You agree that we may use such information to do internal research on our User’s demographics, interests, and behaviour to better understand, protect and serve our Users. This information is compiled and analysed on an aggregated basis.

• The Website uses cookies to distinguish you from other Users of the Website. This helps us to provide you with an optimal experience when you browse the Website and allows us to improve the Website. By continuing to browse the Website, you are agreeing to our use of cookies. The usage of a cookie is in no way linked to any personally identifiable information or Data on our Website.

• A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer and of your other device if you agree. Cookies contain information that is transferred to your computer's harddrive.

 

11. NON-PERSONAL INFORMATION COLLECTED BY US

• Non-personal data or information is information that does not personally identify you. When you visit and interact with our Website, certain non-personal information, like a list of website pages visited by you, could be collected.

• We may collect data by using web beacons, clear GIFS, pixel tags or similar means, which will inform us when you visit our Website. Non-personal information like the domain name, the areas of the Website you visit, your operating system, your browser version, and your URL, can be identified, which can be used by us to analyse trends, administer the Website, gather general usage as well as aggregate demographic information and enhance your online experience by understanding your web usage patterns.

• We may use or disclose non-personal information for any purpose from time to time. In such cases where we combine non-personal information with personal information, the combined information will be treated by us as personal information as per this Policy.

 

 

12. DATA PROTECTION

• We will: (i) comply with all applicable Data Protection Laws and privacy laws and standards that relate to Data Protection Law and privacy laws and the privacy and security of your Personal Data; (ii) refrain from any action or inaction that could cause breach of any data protection and privacy laws; (iii) do and execute, or arrange to be done and execute, each act, document and thing we deem necessary in our business judgment to keep us compliant with the Data Protection Laws and privacy laws; and (iv) immediately report theft or loss of your Personal Data.

• Any Personal Data collected or accessed by us shall be limited to that which is strictly necessary to perform our obligations in relation to the products offered by us or to fulfil any legal obligations. We shall use such Personal Data only as necessary in this regard and not for any other purpose. We shall maintain such Personal Data in strict confidence in accordance with the provisions of this Clause. We shall not share any Personal Data that is collected or possessed by us with any Third Party for any reason except as expressly stated in this Policy.

• You agree that other than as stated in this Policy, we shall have the right to collect and/or use or analyse the Personal Data on an anonymised basis and in no way shall the Personal Data be used in a way that can lead to or reveals your identity.

• We advise you not to include Sensitive Personal Data in any emails you may send to us. Please do not send us any credit/debit card numbers or any other Sensitive Personal Data via email.

 

13. LIMITATION OF LIABILITY

For any breach of the provisions of this Policy, Pixie Dust shall indemnify you in accordance with the indemnification and limitation of liability provisions set forth in the Terms of Use.

 

14. GRIEVANCE OFFICER

In the event you have any grievances or questions about the Policy or if you wish to make a complaint regarding any violation of the provisions of the Policy and the way your Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of grievance/complaint. 

Name: Jahnvi Obhan

E-mail: jahnvi@pixiedustgifts.net

Contact No:9820300521

 

15. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

 

• Any complaint or dispute can be raised in writing to us at connect@pixiedustgifts.net.

• This Policy shall be governed by and construed in accordance with the laws, rules and regulations of India, and the courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising between the Parties. If any disputes or claims arising under or out of or in connection with the execution, interpretation, performance, or non-performance of this Policy or in respect of the scope, validity or application of this Policy, or the subject matter hereof ("Dispute"), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.

• All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators with 1 (one) arbitrator to be appointed by each Party and the 3^rd (third) arbitrator to be appointed by the 2 (two) appointed arbitrators. The venue of the arbitration shall be Mumbai and the language of the arbitration shall be English. The decision of the arbitrators shall be final and binding. The Parties waive any right of appeal to any court, insofar as such waiver can validly be made.

 

16. ASSIGNMENT

We may assign any of our responsibilities/obligations to any other person without notice to the User, at our sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this Policy to any other party, unless a written consent is taken from us. Any assignment without such consent shall be void and have no effect. Subject to the foregoing, the Policy will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.

 

17. SEVERABILITY

If any term or provision of this Policy is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of this Policy shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

 

18. NOTICES

We may provide any notice to you under this Policy by sending a message to the email address then associated with your Pixie Dust Account. Notices we provide by e-mail will be effective when we send the e-mail. It is your responsibility to keep your e-mail address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.To give us notice under this Policy, you must contact us by e-mail to the mailing address listed below:

connect@pixiedustgifts.net

 

19. THIRD PARTIES

No Third Party shall have any right, benefit or entitlement to enforce any terms of this Policy.

 

20. MODIFICATIONS TO THIS POLICY

We may revise the terms of this Policy from time to time and will always present the most up-to-date version on our Website. It is your responsibility to periodically review and keep yourself apprised of the latest terms but, if any revision meaningfully affects your rights, we will take reasonable steps to notify you of suchchanges.