Introduction
01. PreLoved Pitaras takes the privacy of its users very seriously and is committed to protecting the same. Below is an outline of the practices and policies (“Privacy Policy”) in relation to the collection, use and disclosure of the information provided by its Users when visiting and/or registering themselves on the PreLoved Pitaras website and domain name www.prelovedpitaras.com (“the Website”). Additionally, it will also provide the User with information on how to control the disclosure of data as also the manner in which this information is protected. Is the data controller / entity responsible in respect of personal information provided to it.

02. By visiting and/or using and/or accessing and/or registering themselves at the Website, the User agrees to the practices and policies contained in this Privacy Policy (as may be amended from time to time). Additionally, it is assumed and in any event the User is deemed to have agreed and acknowledged that he/she/it has acquainted himself/herself/itself and is satisfied with this Privacy Policy, as also the Terms and Conditions, the abridged Terms and Conditions and the Disclaimer (“Agreement”) and consents to be bound by the same, including in respect of the collection and/or use and/or disclosure of the information provided in the manner and subject to the restriction as set out herein. Accordingly, any objection that the User may have shall be deemed to have been waived and/or abandoned.

03. For the purposes of this Privacy Policy, the term “User” shall mean any natural or legal person who has visited and/or registered itself/themselves on the Website. Capitalized terms that are not defined in this Privacy Policy have the meaning assigned to them in the Terms and Conditions.

This Privacy Policy contains certain provisions that are applicable specifically to Users located in India

04. Any queries you may have in relation to and/or arising out of this Privacy Policy may be directed to PreLoved Pitaras.

Policy Coverage

05. This Privacy Policy covers PreLoved Pitaras’ treatment of information collected when the User visits and/or registers on the Website.

06. This Privacy Policy does not apply to information collected through any other website and/or to the practices of any third-party corporate and/or organization and/or association that PreLoved Pitaras does not directly and/or indirectly own and/or control, or to individuals that PreLoved Pitaras does not directly and/or indirectly employ or manage. Illustratively, in the event that the Website provides a link that redirects the User to another website, this Privacy Policy will have no application to the information collected on such other website. The Website may include external and/or third-party links, including advertisements and it is the responsibility of the User and the User will be deemed to have acquainted himself/herself/itself with the privacy policies and terms and conditions of such third-party websites; PreLoved Pitaras does not in any manner whatsoever vouch for and/or in any manner be held responsible for the information set out therein.

Collection of Personal Information

07. A. Information voluntarily provided directly to PreLoved Pitaras

The User is not required to provide PreLoved Pitaras directly with any personal information in order to view the Website. However, in order to access and/or use certain content and/or features and/or functions of and/or on the Website — for instance, registering with PreLoved Pitaras and/or creating a PreLoved Pitaras ID or making any payment on the Website — PreLoved Pitaras may ask the User to provide certain information, including

• a. contact information, such as the User’s name, postal address, email address, phone number, mobile number and contact preferences;
• b. username and password;
• c. financial information for effecting payment, such as credit card information and in some cases, government issued identification, such as PAN card;
• d. search queries conducted on the Website;
• e. other content generated by the User or connected to the User’s account (such as adding items to basket); and
• f. correspondence.

While the User is not required to provide the personal information requested, if the User chooses not to do so, in many cases PreLoved Pitaras will be unable to provide the User with its products or services or respond to any queries that the User may have.

B. Non-personal information automatically collected when the User interacts with the Website

08. While the User may visit the Website without revealing any personal information, certain information may be collected by the Website automatically. Illustratively:

• a. the User’s internet protocol address;
• b. the User’s browser type and operating system;
• c. webpages and advertisements viewed and/or clicked upon within the Website;
• d bandwidth speed and software programs installed on the User’s computer;
• e. standard server log information; and
• f. information collected through data collection technologies in the nature of cookies and web beacons. Cookies are small files that are installed in your browser. The Website will be able to access only cookies installed by it and not those of any other website. Web beacons are codes that deliver graphic images onto the Website and that can recognize certain information on the User’s computer such as cookies, the time and date a page is viewed, etc.

Use of Information collected by PreLoved Pitaras

Use of personal information directly provided by the User

09. The personal information provided by the User will be used by PreLoved Pitaras to provide and improve its services, contact the User about their account and PreLoved Pitaras services, provide customer support, prevent, mitigate and investigate fraudulent and/or illegal activities, as well as for internal research purposes. Illustratively,

a. Email address: The User’s email address may be used by PreLoved Pitaras to communicate with the User for various purposes, including but not limited to informing the User
[i] of upcoming and/or current items available for sale and/or auction and/or otherwise promote PreLoved Pitaras’ services;
[ii] that he/she has placed a successful order and/or is the successful bidder where relevant;
[iii] confirming and/or providing information about the User’s account;
[iv] changes on the Website and/or its terms and conditions and/or this Privacy Policy.

b. Phone number: PreLoved Pitaras may send promotional text messages and/or other notifications to the User. PreLoved Pitaras may also contact the User over the phone in relation to a bid made.

c. Correspondence: Correspondence exchanged between the User and PreLoved Pitaras may be stored with PreLoved Pitaras for record-keeping in a file exclusive to the User.

d. Payment information: In the event that the User is a successful bidder, the payment information provided is processed by a third-party payment processor with whom PreLoved Pitaras has an agreement. See ‘Payment Processing’ below.

10. Additionally, the aforesaid personal information may also be used to ensure compliance with any legal and/or regulatory obligations, including requests, if any, from law enforcement entities and/or to commence and/or defend any legal claim against the User.

11. It may be noted that there are specific legal bases for the aforesaid use of the personal information disclosed to PreLoved Pitaras, inter alia including
[a] enabling the performance of PreLoved Pitaras’ contract with the User; and/or
[b] its legitimate interests, which are unlikely to override the User’s interests or fundamental rights and freedoms requiring the protection of personal data; and/or
[c] where PreLoved Pitaras requires the User’s personal information to comply with statutory obligations, such as the requirement of the User’s PAN Card under the Income Tax Act, 1961; and/or
[d] when PreLoved Pitaras wishes to intimate Users of any modifications and/or changes in the Agreement.

Use of non-personal aggregate information automatically collected when the User interacts with the Website

12. The non-personal information collected automatically when visiting and/or interacting with the Website may be used by PreLoved Pitaras to run algorithms for internal analytics and research relating to user demographics, interests, and behaviours to better understand and serve their needs.

13. Cookies are used for various purposes including:

• a. allowing the User to enter the password for their account less frequently;
  
• b. recognizing the browser of a returning User and saving any preferences set by the User;
  
• c. customizing content and advertisements according to User preferences and targeted interests;
  
• d. tracking User activity; and
  
• e. improving Website services.

14. Web beacons enable advertising third parties to streamline and target advertisements based on the User’s interests or browsing history. These third parties may also place their own cookies, which are not controlled by PreLoved Pitaras.

15. All such information shall be used in aggregate form, thereby ensuring User anonymity.

Disclosure and/or sharing of information by PreLoved Pitaras

16. PreLoved Pitaras will keep all personal user information confidential and will not rent and/or sell such information. Information will also not be shared with third-party advertisers on the Website.

17. Personal User information may be shared and/or disclosed only in certain circumstances, including as below:

• a. for any purpose mandated by law, including requirements of legal proceedings;
• b. third parties may be appointed by PreLoved Pitaras to carry out activities in relation to the Website, including general maintenance, marketing and/or data processing, and may be provided access to information for the limited purpose of carrying out such functions;
• c. third-party agents may be provided the information for the limited purpose of performing specific tasks and providing limited services, illustratively, courier services; and
• d. ensuring the security and protection in any manner whatsoever of the User and/or other users of the Website and/or of the Website and/or employees of PreLoved Pitaras, including instances of unauthorized use and/or misuse of the Website.

18. Aggregated information that does not identify the User may be shared with third parties who provide data analysis and/or marketing services for PreLoved Pitaras and enable PreLoved Pitaras to better customize the Website. PreLoved Pitaras is not restricted in its use of non-identifiable aggregate information.

19. PreLoved Pitaras reserves the right to transfer the personal details provided by the bidder or buyer at the time of registration and/or subsequent payment to a successor-in-interest that acquires rights to that information as a result of a sale or merger of PreLoved Pitaras LLP.

Choice of the User

20. The User may deactivate their account at any time and/or may refuse to provide any of the information required by the Website. In such cases, while the User may still view the Website, they will be unable to enter any bids.

21. The User may refuse to provide any of the information requested by the Website at any time. However, in such cases, the User may be prevented from using certain features of the Website that require such information.

22. Users may decline to permit the Website’s cookies if their browser allows such settings. However, doing so may prevent Users from accessing certain features of the Website. Additionally, Users may set their browser preferences regarding cookie acceptance or may delete all cookies at any time.

23. By default, upon registering on the Website, Users will be deemed to have granted PreLoved Pitaras permission to circulate promotional and other marketing materials from time to time. 

Security

24. The security of individual accounts is entirely the responsibility of the User, and it is recommended that the User maintains the confidentiality of their account login credentials, including the password, and does not share them with any third party. For password security, it is recommended that:

• a. an alpha-numeric password is adopted, preferably using both upper-case and lower-case alphabets and symbols;
  
• b. the User should avoid passwords that are obvious, easily identifiable, and/or easily predictable;
  
• c. the password should be changed at regular intervals to ensure better security.

25. PreLoved Pitaras and/or its employees and/or affiliates will never ask the User for their password through any means of communication; the password is required to be entered solely by the User on the Website interface. Should there be any concern regarding misuse and/or unauthorized access to the User’s account, the User may immediately inform PreLoved Pitaras by prelovedpitaras@gmail.com

26. It is the responsibility of the User to ensure that, irrespective of the device used to access the Website, the device is secure and all necessary precautions are taken to prevent auto-fillers within the User’s browser from causing leakage of critical information.

27. The information provided to PreLoved Pitaras is stored internally on PreLoved Pitaras’ systems and is protected against unauthorized physical and electronic access, including through encrypted data storage, password-protected data access, firewalls against spam attacks, and regular data backups.

28. As stated above, the information provided to PreLoved Pitaras is shared strictly on a need-to-know basis. PreLoved Pitaras does not retain any information longer than is reasonably required for the purpose of its services or beyond the period mandated by applicable Indian laws.

29. Financial information such as the User’s credit and/or debit card details will rely on third-party payment gateways for security and storage. The sharing of any such card information by the User is entirely at the User’s own risk.

30. The personal information collected by PreLoved Pitaras may be transferred to and stored at a destination outside the European Economic Area (“EEA”). Such information may also be processed by staff operating outside the EEA who work for PreLoved Pitaras or for one of its suppliers, subsidiaries, or associated entities. Such staff may be engaged in, inter alia, fulfilling the User’s requests, processing payment details, and providing support services. By submitting personal information, the User expressly agrees to such transfer, storage, or processing. PreLoved Pitaras will take all steps reasonably necessary to ensure that Users’ personal information is treated securely and in accordance with this Privacy Policy.

31. PreLoved Pitaras takes the security of the Website and User information seriously and will continue to enhance security measures from time to time. However, given the inherent nature of online data transmission, while PreLoved Pitaras will take all reasonable steps to protect User information, it cannot guarantee absolute security, particularly in the event of data compromise due to sophisticated hacking. The User hereby absolves PreLoved Pitaras of any liability for leakage of data and/or information provided by the User and acknowledges that PreLoved Pitaras will not be held responsible for such occurrences.

User’s Rights

32. The User has certain rights in relation to his/her/its personal information depending on the country in which he/she/it is located and/or how PreLoved Pitaras interacts with the User. Subject to this Privacy Policy, the following rights are available to all Users, irrespective of where they are situated:

• a. Access to personal information – The User may contact PreLoved Pitaras at prelovedpitaras@gmail.com and request that the personal information disclosed to PreLoved Pitaras be shared with the User.

• b. Rectification of personal information – PreLoved Pitaras will rectify any incorrect personal information held by it, upon request by the concerned User addressed to prelovedpitaras@gmail.com. It is the User’s responsibility to promptly inform PreLoved Pitaras of any discrepancies in the personal information disclosed. However, there may be limitations to the nature and/or scope of personal information that PreLoved Pitaras can or will rectify, and PreLoved Pitaras reserves all rights in this regard.

   

  In certain cases, such as changes to name or date of birth, PreLoved Pitaras may request documentary proof to reduce the risk of unauthorized access. If a User chooses to delete personal information and/or modify it in a manner that is not verifiable by PreLoved Pitaras or renders the information incorrect, PreLoved Pitaras may be unable to provide its services to such User. Such deletion or modification may be regarded as an intention by the User to discontinue services.
• c. Lodging a complaint – A complaint may be submitted by emailing PreLoved Pitaras, at prelovedpitaras@gmail.com and it will be addressed in accordance with best practices and applicable laws.

33. A User under the GDPR (“Data Subject”) has the following additional rights:

• a. Access to further information – The Data Subject may contact PreLoved Pitaras at prelovedpitaras@gmail.com and request details of:
  • the source of the personal information;
  • the legal purpose of retaining such information;
  • the entities to whom the information may be transferred;
  • the safeguard/agreement governing transfer of personal information outside the European Union.
  PreLoved Pitaras reserves the right to redact information that the Data Subject is not permitted to access.
• b. Erasing personal information – The Data Subject may request erasure of personal information by contacting prelovedpitaras@gmail.com. However, PreLoved Pitaras is not obligated to erase such information if:
  • i. the information must be retained to comply with statutory regulations;
  • ii. the information is required to establish and/or defend a legal claim.

• c. Objecting to processing – The Data Subject may contact PreLoved Pitaras at prelovedpitaras@gmail.com and may request PreLoved Pitaras to stop processing personal information. PreLoved Pitaras is not bound to comply if processing is necessary to protect its own legitimate interests or to establish/defend a legal claim.

   

• d. Restricting the processing of personal information – The Data Subject may request restricted processing in circumstances such as:
  • contesting accuracy of information;
  • unlawful processing;
  • information no longer requiring retention;
  • objection to processing under review.
  However, PreLoved Pitaras is not bound if:
  i. the accuracy of the contested information is under verification;
  ii. retention is required for legal claims;
  iii. the User has not withdrawn consent;
  iv. the rights of another natural/legal person must be protected.

• e. Portability of personal information – The Data Subject may request that PreLoved Pitaras:
  [i] provide personal information in a structured, commonly used, machine-readable format; and
  [ii] transmit such information to another data controller, provided the transmission is based on consent or contractual necessity and carried out by automated means.

   

• f. Lodging a complaint – The Data Subject may lodge a complaint, at their own cost and risk, with the relevant local supervisory authority regarding concerns about how PreLoved Pitaras processes their information.

   

• g. Automated individual decision-making – The Data Subject has the right not to be subject to decisions based solely on automated processing, unless such processing is necessary for performance of a contract or carried out with explicit consent.

34. PreLoved Pitaras may require additional information to confirm that a User falls under the scope of the GDPR.

35. PreLoved Pitaras shall make every reasonable effort to honour all legitimate requests made by a Data Subject.

Changes to this Privacy Policy

36. PreLoved Pitaras reserves the right to modify this Privacy Policy from time to time at its sole discretion. While Users may be notified of material changes, it remains the User’s responsibility to periodically review updates while using the Website. The User will be bound by the Privacy Policy as modified from time to time.

This document is published in accordance with the provisions of the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Information Technology (Intermediaries Guidelines) Rules, 2011, and is also compliant with the General Data Protection Regulation (GDPR) in its application to Users in the EEA.