INTRODUCTION
This Privacy Policy (“Policy“) explains how we collect and use any and all User Information that is provided by you. The Policy is an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the rules. This Policy being an electronic record is generated by a computer system and does not require any physical or digital signature.
The application 'VNC DEALERDIRECT' ("App") is operated by VNC ELECTRODES, a partnership from having its registered office at 3, Industrial Estate, S.Vellalapati, Karur – 639004, Tamil Nadu, India.
Users are requested to read and understand the Policy very carefully before using or accessing the App. Through this Policy, VNC ELECTRODES intends to convey the manner in which the User’s information is collated and used by VNC ELECTRODES while providing the services of the App. This Policy along with the Terms of Use is binding on every User of the App and Users who agree with the terms of this Policy by using and accessing this App.
1. DEFINITIONS
1.1 “We”, “Our”, and “Us” shall mean and refer to VNC ELECTRODES, including its successors and permitted assigns;
1.2 “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the App.
1.3 “App” shall mean and refer to the Application ‘VNC Dealerdirect’ owned and operated by VNC ELECTRODES.
1.4 “User Information” shall mean and refer to any personally identifiable information that VNC may collect from the User, and in the event the User is a company, it shall include information relating to the incorporation, GST registration, etc. of the User.
1.5 “Third Parties” refer to any Website, company or individual apart from the User and the creator of the App.
1.6 “User information” for the purpose of this Policy includes the User’s personal information that can be used to uniquely identify or contact a single person including name, email address, residential address, phone number, photograph, account details, payment preference and other information collected by VNC ELECTRODES to provide specific services to the User through the App. The User has the option not to provide User Information if the User wishes not to avail the specific service for which the User Information is required.
2. USER INFORMATION
2.1 VNC ELECTRODES collects information from Users who register to purchase goods sold by VNC on the App in order to supply its goods and provide its services, comply with its legal obligations and collect feedback on how to improve its goods and services. Accordingly, information is collected when creating an User account, when the User is browsing for products, transacting an online purchase of products through the App or while posting comments, uploading content or participating in any offers or contests or availing special gifts or communicating with customer support by phone, email or otherwise. The information collected from the User shall include registration details such as name, phone number, address, email ID, GST registration, proof of identity and address, etc. Please note that VNC does not store the debit card/credit card information of the User.
2.2 The telephone number provided in the registration details shall be forwarded to the Sales department, which may call the User directly in order to facilitate orders. The App shall request access to the camera, contact database and storage facility on the mobile device of the User, in order to provide image search, contact customer care, and to store and access photos captured by the User while using the App,
2.3 If any User is providing any User Information on behalf of any corporation, company, institution, association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to provide such information to VNC ELECTRODES.
2.4 VNC ELECTRODES receives, scrutinizes and stores User Information for security and technical reasons such as IP address, login id, email address, password, devise connection information transaction history, date, time and duration of session on the App.
2.5 VNC ELECTRODES automatically receives the URL of the site from which a User accesses the App and the site to which the User goes when the User leaves the App. The App receives the IP address of the User’s computer and the type of web browser a User is using, email patterns, etc. VNC ELECTRODES will occasionally ask the User to complete optional online surveys. These surveys may ask the User for contact information and demographic information (eg. zip code, age or income level).
2.6 The App may use cookies or other tracking software, in order to provide the User with a more customised experience while using the App. "Cookies" are used to store User preferences and to track User trends, so as to enhance the User’s interactive experience and generally improve the App’s services to the User. The User can set the browser to notify the User when the User is sent a "cookie", giving the User the chance to decide whether or not to accept it. If the User accepts a "cookie", the User agrees to the use of any User Information collected by the App using that cookie. The User may update the profile information of the User at any time on the App.
2.7 The User can add or update the User Information on a regular basis. When the User updates the User Information, VNC ELECTRODES will keep a copy of the prior version for its records.
3. USE OF INFORMATION & DISCLOSURE
3.1 The User Information is primarily used by VNC ELECTRODES to facilitate a better, customized and convenient use of the App’s services. The User Information is used by VNC ELECTRODES inter alia to (i) respond to the User’s queries, requests and inquiries; (ii) update new features of the App, (iii) improve and customize the App’s service, (iv) detect and prevent fraud and abuse of the App, (v) examine the identity of the User and the authenticity of offers, delivery or transfer of offers, etc. (vi) administer the App, (vii) send requested product information to the User, or information about any change in the Terms of Use or this Policy or the Terms and Conditions of Sale, (viii) send surveys and marketing communications that VNC ELECTRODES believes may be of interest to the User, administer promotions and notify the User of important events; (ix) personalize the User’s experience on the App by presenting advertising, products and offers tailored for the User; (x) help the User address its problems with the App including addressing any technical problems; (xi) complete and fulfill the User’s purchase, process payments, communicate with the User regarding the User’s purchase and provide the User with related customer service; (xii) Investigate, prevent or take action regarding illegal activities and/or violations of the Terms of Service; and (xiii) protect the integrity of the App.
3.2 VNC will not review, share, distribute, or reference any such data except for the purpose of fulfilling orders placed in the App, resolving a problem, providing customer support or to investigate a suspected violation of our terms and conditions.
3.3 Please note that VNC shall share Users’ personally identifiable information in the following manner in order to maintain customer accounts:
3.3.1 All financial and billing information that VNC collects is used solely to check the qualifications of prospective customers and to bill for the goods and services.
3.3.2 VNC uses a third-party payment processor to assist in processing customer payments. This processing partner is not permitted to store, retain, or use the personally identifiable information provided, except for the sole purpose of processing the payment. It is clarified that VNC shall not be liable for any loss or damage to the User due to any act, omission, error or fraud of such third party payment processor in processing the User’s payment. VNC may occasionally also employ third parties to act on its behalf. Some examples include providing marketing support, analysis and public relations. When such companies are employed, they are not permitted to retain, share, store or use personally identifiable information for any other purpose than to complete the contracted assignment. In some cases, VNC may provide services or sell product lines in collaboration with selected business partners. Please note that VNC does not share personally identifiable information with any third parties except as may be strictly required for such third parties to perform their services for VNC.
3.3.3 User Information may be used and disclosed, if required by law or in good faith and belief that such disclosure is reasonably necessary to respond to notices, court orders, or other legal processes. VNC ELECTRODES may disclose User Information to law enforcement officers, third party rights owners, or others that is in its opinion reasonably necessary to enforce the App’s Terms of Use, this Policy and Terms and Conditions of Sale.
3.3.4 VNC ELECTRODES may share some or all of the User Information with a third party entity in the event of a merger or amalgamation with, or acquisition by such third party entity or receipt of any investment from that entity.
3.4 The User agrees and acknowledges that User Information collated through the App may be stored and processed in servers situated in any country across the world. The User acknowledges that for effective provision of the App’s services in respective territories including territories outside India, the User Information may be stored or processed by trusted third parties. In the event that User Information is shared with trusted third parties in countries outside India, such transfer shall be effected in accordance with the applicable laws of India.
3.5 VNC ELECTRODES may disclose aggregated information about the use of the App, but it will never contain User Information that will identify a single User. VNC ELECTRODES does not use, trade or sell User Information in any manner, except as specified in this Policy or unless express consent is sought from the User. VNC ELECTRODES understands that User Information is very crucial and is important for the User, and that the User shall be the owner of such User Information at all times. The User agrees and acknowledges that the User Information may be disclosed or shared with: (i) third party vendors for delivery of the products ordered through the App, (ii) third party service providers engaged by VNC ELECTRODES to perform the services on VNC ELECTRODES’s behalf, (iii) third party service providers for the purpose of the App’s security, maintenance, repair or other technical reasons.
3.6 Any and all communication in relation to the App shall be sent either by SMS or by email to the User. VNC ELECTRODES may, if the User so chooses, send direct advertisement mailers to the User at the address given by the User. The User has the option to opt-out of this direct mailer by clicking at the unsubscribed link option attached to e-mail. VNC ELECTRODES respects the User’s privacy and if the User does not want to receive e-mail or other communications from VNC ELECTRODES, User may inform the same to our customer care service.
3.7 The User should be aware that the User Information or other data that the User provides to the App may be read, collected, or used by other Users or third parties who are engaged by VNC to perform specified services in relation to the App, in which case some unsolicited messages or communications may be sent to the User. VNC ELECTRODES shall not be held responsible for the same.
4. SECURITY & USER RESTRICTION
4.1 VNC ELECTRODES implements standard measures to protect against unauthorized access to and unlawful interception of the User Information. However, no internet site can fully eliminate security risks. VNC ELECTRODES endeavors to take all measures to protect the security, integrity and confidentiality of the User Information against unauthorized breach and hacking. For the purpose of checking possible vulnerabilities and attacks, VNC ELECTRODES may conduct periodical internal review of data and security measures on the App. VNC ELECTRODES may use such software as it determines is best for maintaining security. However the internet is not absolutely a secure environment, and the App cannot ensure or warrant a 100% security of the User Information.
4.2 If any User is provided with any identification code, password or any other piece of information as part of the App’s security procedure, the User should treat such information as confidential, and the User should not disclose it to any third party including to other Users. To prevent third party’s access to the App the User should sign out from the User account after availing the services through the App. VNC ELECTRODES has the right to disable the identification code or password, whether chosen by any User or allotted by VNC ELECTRODES, at any time, if the User fails to comply with instructions or terms, conditions or policies of VNC ELECTRODES.
4.3 The User is solely responsible for the activities that occur under the User’s account including the confidentiality of the User’s password and VNC ELECTRODES is not responsible for the same. While using and accessing the App, the User is responsible for maintaining the confidentiality of the User’s account and for restricting access to the User’s computer or other systems or equipment through which the User uses and accesses the App.
4.4 Notwithstanding anything contained in this Policy or elsewhere, VNC ELECTRODES shall not be held responsible for any loss, damage or misuse of the User Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond the reasonable control of VNC ELECTRODES and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security or encryption.
5. CHANGES TO THE POLICY
5.1 VNC ELECTRODES reserves its right to change, edit, alter, amend, modify, review, revise or substitute this Policy with or without notice. By using the App, the User confirms that he/she has carefully read, understood and agreed to be bound by this Policy and the User expressly and voluntarily accepts this Policy including any change, modification or substitution made thereto from time to time. VNC ELECTRODES reserves its right to refuse services to any User who does not accept or violates the terms of this Policy
6. GENERAL TERMS
6.1 This Policy is to be read in conjunction with and shall be deemed to be part of the App’s Terms of Use and Terms and Conditions of Sale.
6.2 The User Information resides in VNC ELECTRODES’s database for a certain period of time even after the User ceases to use or access the App. Once the User account is deleted, VNC shall retain and use such User Information in respect of the deleted account only to the extent that is necessary to comply with its legal obligations, fulfil orders placed prior to such deletion of account, resolve disputes and enforce its agreements. However, VNC shall not be liable for any usage of the User Information after the account is deleted.
6.3 The User agrees and acknowledges VNC ELECTRODES’s right to utilize the User’s posts, contents, information and other personal data for the purpose of providing services through the App. The App may contain comments, post and reviews posted by the Users which may be public and searchable on the internet in which case the User’s comments, reviews and information and certain personal data provided to the App may be viewed by other Users. IN such event, VNC ELECTRODES cannot guarantee that other Users or third parties have not made copies of or used the ideas and information that the User has shared on the App.
6.4 Any notice to VNC regarding this Agreement must be in writing and sent by post to the address below:
VNC Electrodes
No. 3, Industrial Estate, S. Vellalapatti,
Karur 639004
Tamil Nadu, India.
Notice from VNC may be sent to the User by post to the address and contact information provided by the User to VNC in connection with this Agreement.
7. GRIEVANCE OFFICER
Any discrepancy or grievance in relation to this policy or the processing of User Information by VNC can be intimated in writing to its Grievance Officer at the above mentioned address or to contactus@vncgroup.com.
8. GOVERNING LAW AND JURISDICTION
The terms and conditions of this Policy shall be governed by Indian Law and the courts in Karur shall only have exclusive jurisdiction to resolve any disputes.