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Privacy Policy

 

Welcome to www.thenestery.in (the “Website”), owned by Yellow Birds Retail Private Limited, a company incorporated under the Companies Act, 2013 (bearing company identification number U52590KA2020PTC133967) hereinafter referred to as the “Company”, having its registered office at 2024, 16th Main Rd, HAL 2nd Stage, Kodihalli, Bengaluru, Karnataka 560008. The Company is engaged in the business of providing an e-commerce marketplace via. the Website for listing, sale, distribution and shipping of parenting and childcare products and related services provided on the Website. The Company is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any information you share with the Company on the Website. This privacy policy (“Policy”) explains how the Company will collect, use, share and process information in relation to the services provided on the Website.

 

This Policy shall be deemed to be incorporated into the terms of use of the Website (the “Terms of Use”) and shall be read in addition to the Terms of Use. In the event of any conflict between this Policy and the Terms of Use, the interpretation placed by the Company shall be final and binding on you.

 

This Policy is being framed in view of the Information Technology Act, 2000 read with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

 

By accepting this Policy, you understand and agree to the collection, use, sharing and processing of personal information as described herein. If you provide the Company with personal information about someone else, you confirm that (a) such information is accurate and up-to-date; (b) such person is aware that you have provided their information; and (c) they consent to both the disclosure and the use/processing of their information in accordance with this Policy. This Policy applies to all the current and former visitors, users and others who access this Website.

 

  1. SCOPE

 

  • This Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder. This Policy does not require any physical, electronic or digital signature.

 

  • By accessing or using the Website or otherwise giving us your information, you undertake that you have the capacity to enter into a legally binding contract vide. this Policy, which constitutes a legally binding document between you and the Company under the applicable law, in particular, the Indian Contract Act, 1872. The Company will collect and process your personal and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations. This Policy seeks to ensure that any personal information or third-party information handled by the Company is managed in a way that is ethical, compliant and adheres to best industry practices.

 

  • Please read the terms and conditions of this Policy carefully, before accessing or using this Website. By accessing or using the Website including its services, you agree to the terms of this Policy. If you are accepting this Policy on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind such person, company or legal entity to these terms.

 

  • This Policy describes the types of information the Company collects, why and how the Company uses the information, with whom the Company shares it, and the choices you can make about the Company’s use of the information. This Policy also describes the measures the Company takes to protect the security of the information and how you can contact the Company about its privacy practices.

 

  • This Policy describes the Company’s current data protection policies and practices and may be amended/updated from time to time. Any changes to this Policy will become effective upon posting of the revised Policy on the Website. It is recommended that you regularly check this 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 Policy.

 

  1. Consent

    • By mere use of the Website, you expressly consent to the Company’s use and disclosure of your Personal Information (as defined below), including SPDI (as defined below) and third-party information in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use the Website.

 

  • In case you wish to avail any or all of the services provided by the Company on the Website, the Company shall provide a username and password to you (“Login Credentials”) as set out in the Terms of Use. You hereby explicitly agree that your use and access of the Login Credentials shall be governed by the Terms of Use read with the terms of this Policy and any other agreement that you may enter into with the Company.

 

  1. Types of Information

 

  • Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

 

  • Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, physical temporary and personal address, telephone number, date of birth, age, gender, e-mail address, or any other contact information, financial information including bank account details, credit/debit card details or such other payment information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to: passwords, financial information (bank accounts, credit and debit cards or other payment instruments), physical information. The Company limits the collection of Personal Information to that which is necessary for its intended purpose.
  • Business Information: Business Information means any information that may be used to identify an individual’s business, including but not limited to the name and address of the entity, brand name of the entity, date of incorporation, e-mail address of the entity, contact information of the registered office, company identification number (CIN), GST Number, AADHAR verified signature, authorised signatory, authorised dispatch person, warehouse details, financial information including bank account details and cancelled cheque, PAN details, names of the directors and such other information (hereinafter referred to as “Business Information
  • Non-Personal Information: Non-personal information means information that does not specifically identify an individual or business, but includes information from you, such as your browser type, the URL of the previous websites you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. The Company may gather any non-personal information regarding how many people visit the Website, the pages they visit, their IP address, and the type of browser they used while visiting the Website (hereinafter referred to as “Non-Personal Information”). The Company may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by the Company.
  • Usage Information: Usage Information includes without limitation all data and information collected automatically through the Website (or through the third party analytics service providers), by use and access of the Website in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Website including without limitation Non-Personal Information, cookies, Website traffic, time spent on the Website, number of visits to the Website and other similar information and behaviour indicating the mode and manner of use of the Website (hereinafter referred to as the “Usage Information”).

 

  • Personal Information, SPDI, Business Information, Non-Personal Information and Usage Information hereinafter shall be referred to as “Information”.

 

  1. Collection of Information

 

  • The Company may collect information from you when you (a) register on the Website through your Facebook, Google, Amazon, Twitter or e-mail account; (b) update or change personal details in your account; (c) use the Website for any of the services being offered thereon; (d) voluntarily participate in campaigns conducted by the Company on the Website or respond to questionnaires published by the Company on the Website (if any); (e) voluntarily complete a customer survey or provide feedback on any of our message boards or via e-mail in relation to the products and services provided on the Website; and (f) when you carry out transactions on the Website.
  • You hereby acknowledge and agree that all Information is provided by you to the Company voluntarily and the Information provided by you is not subject to any undue influence.

 

  • The Company may use cookies to monitor the Website usage including, without limitation, to provide useful features to simplify your experience when you return to the Website, like remembering your login id, your cart details, Information and to deliver relevant content based on your preferences, usage patterns and location.

 

  • You are also required to provide your billing address as well as credit/debit card details which may be aligned with third party payment wallets. The Company will use this Information only for processing orders, billing and delivery purposes. For your convenience, the Company or a Company authorised payment gateway saves the billing information and remembers certain details of the payment choices made by you in the event you would like to carry out any other transaction and/or place an order on the Website again.

 

  • The Company may also collect Non-Personal Information or Usage Information based on your browsing activity and in relation to your use or access to the Website like your browser type, your Internet Protocol (IP) address, your operating system, your prior search results etc., which may or may not be publicly accessible.

 

  • Information collected by the Company from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

 

  • You may use the Website without providing the Company any Information about yourself. However, you may not be able to access certain services of the Websites in case you choose to do so.

 

  1. Use of Information

 

  • The Company uses the Information you provide to (a) manage your account; (b) fulfil your requests for the products and services offered on the Website, i.e., to process and deliver your orders placed on the Website (including to manage payments, fees and charges and collect and recovery money owed to the Company); (c) respond to your inquiries about its offerings and the transactions carried out on the Website; (d) provide you with information about products and services available on the Website and offer you other products and services that the Company believes may be of interest to you; (e) resolve any glitches on the Website including addressing any technical problems; (f) improve the services and content on the Website and your experience of navigating through the Website and carrying out transactions on the Website and; and (f) manage the Company’s relationship with you.

 

  • The Company may use the Information to monitor your use of the services and may review and analyse the Information provided by you to provide you with customized service.

 

  • The Company may use your Non-Personal Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services and identifying usage trends.

 

  • Subject to and in accordance with applicable laws, the Company has the right to use your Information for the purpose of conducting promotional/marketing related activities on the Website, including but not limited to, using your Personal Information for making posters/banners to promote the services of the Company.

 

  • When you send an email message or otherwise contact the Company through its Website, the Company may use the Information provided by you to respond to your communication by way of SMS, Whatsapp, Facebook, Instagram, Messenger and LinkedIn, Email, Push notifications. The Company may also archive such Information and/or use it for future communications with you to inform you regarding updates, newsletters, offers, new services and promotions.
  1. Information Sharing

 

  • The Company maintains your Information in electronic form on its devices and on the equipment of the Company’s employees. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis.

 

  • The Company does not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent, to provide services you have requested for or under the following circumstances:

 

6.2.1    The Company may engage third party vendors and/or contractors to perform certain support services, who may have limited access to Information.

 

6.2.2    In order to process your transactions, the Company may direct you to a payment gateway service provider of its own choice, which may have access to the Information provided by you while making such payment.

 

6.2.3    The Company may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency's request.

 

  1. Third Party Service Providers

 

  • The Company may engage third party vendors and/or contractors to perform certain support services for the Company, including, without limitation, fulfilment of your orders, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by the Company to provide its services efficiently. These third parties may have limited access to Information. If they do, this limited access is provided so that they may perform these tasks for the Company and they are not authorized by the Company to otherwise use or disclose Information, except to the extent required by law. The Company does not make any representations concerning the privacy practices or policies or terms of use of such websites, nor does it 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 websites. The inclusion or exclusion does not imply any endorsement by the Company of the website, the website's provider, or the information on such website.

 

  • The Website may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such websites or otherwise visiting any such websites, the Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites.

 

  1. Disclosure to Acquirers

 

The Company may disclose and/or transfer Information to an investor, acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of the Company.

 

  1. Control Over Your Personal Information

 

  • You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to the Company in writing through an email at care@thenestery.in requesting the same. If you at any time wish to rectify your Personal Information, you may write to the Company as per paragraph 10 of this Policy.

 

  • Once you withdraw your consent to share the Personal Information collected by the Company, the Company shall have the option not to fulfil the purposes for which the said Personal Information was sought and the Company may restrict you from using the services on the Website and/or the Website itself.

 

  • If you wish to delete your account, and thereby discontinue using the services provided by the Company on the Website, you may do so at any time, in accordance with the Terms of Use and/or any other agreement that you may enter into with the Company. In other cases, you may discontinue using the services provided by the Company on the Website by writing to the Company at care@thenestery.in.

 

  1. Rectification/Correction of Personal Information

 

  • You shall have the right to review your Personal Information and/or SPDI (as the case may be) submitted by you on the Website and to modify or delete any Personal Information and/or SPDI (as the case may be), provided by you directly on the Website. You hereby understand that any such modification or deletion may affect your ability to use the Website. Further, it may affect the Company’s ability to provide its services to you.

 

  • The Company reserves the right to verify and authenticate your identity and your account Information and/or payment Information in order to ensure accurate delivery of services. Access to or correction, updating or deletion of your Personal Information and/or SPDI (as the case may be) may be denied or limited by the Company if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

 

  • If you need to update or correct your Personal Information that the Company may have collected to offer you personalized services and offers, you may send updates and corrections to the Company at care@thenestery.in citing the reason for such rectification of Personal Information. The Company will take all reasonable efforts to incorporate the changes within a reasonable period of time.

 

  1. Term of Storage of Personal Information

 

  • The Company shall store your Personal Information at least for such period as may be required and permitted by law or for a period necessary to satisfy the purpose for which the Personal Information has been collected. These periods vary depending on the nature of the information and your interactions with the Company.

 

  • You agree that you will not submit any false information or any illegal or damaging content to the Website.

 

  • The Company reserves the right to terminate access to or the ability to interact with the Website in response to any concerns the Company may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.

 

  1. Cookies

 

  • To enhance your experience with the Website, many of the web pages use "cookies” and pixel tags and clear gifts on certain pages of the Website. Cookies are text files the Company places in your computer's browser to store your preferences. Cookies, by themselves, do not tell the Company your e-mail address or other personally identifiable information unless you choose to provide this information to the Company by, for example, registering on the Website. They are designed to hold a marginal amount of data specific to a particular user and website and can be accessed either by the web server or the user device. However, once you choose to furnish the Website with personally identifiable information, this information may be linked to the data stored in the cookie. The Company uses cookies to understand site usage and to improve the content and offerings on the Website. For example, the Company may use cookies to personalize your experience on the Website (e.g., to recognize you by name when you return to the Website), save your password in password-protected areas, and enable you to use shopping carts on the Website. The Company may also use cookies to offer you products, programs, or services. Cookies may be placed on the Website by third-parties as well, the use of which the Company does not control.

 

  • Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. In your browser permits, you may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Website and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.

 

  1. Protection of Information

 

  • The Company has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. The Company takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

 

  • The Company considers the confidentiality and security of your information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and the Company will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while the Company strives to protect Information and privacy, the Company cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. The Company will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind.

 

  • Access to your online account on the Website is via. your Login Credentials which is password protected and this helps to secure your account information. You are solely responsible for maintaining the confidentiality of your Login Credentials. To ensure safety of your Information, you are advised against sharing your Login Credentials with anyone. If you suspect any unauthorized use of your account, you must immediately notify the Company by sending an email to care@thenestery.in. You shall be liable to indemnify the Company for any loss suffered by the Company due to such unauthorized use of your account.

 

  • For any loss or theft of Information, due to unauthorized access to your device through which you use the Website or other reasons solely attributable to you, the Company shall not be held liable or responsible under any circumstance whatsoever. Further, the Company shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the Company’s reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.

 

  1. Minor & USAGE ON BEHALF OF ANOTHER person

 

The Company does not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. The Company does not intentionally or knowingly collect Personal Information through the Website from anyone under that age. The Company encourages parents and guardians to be involved in the online activities of minor to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to consent on behalf of such person to the Company’s use of such person’s Personal Information as described in this Policy.

 

  1. Limitation of Liability

 

  • The Company shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under this Policy.

 

  • The Company is not responsible for any actions or inactions of any third parties that receive your Information.

 

  • Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of your Information, if such loss, damage or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of the Company and which the Company is not able to overcome.

 

  1. Opt-Out

 

Once you register as a user on the Website, you may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, Instagram, Telegram and phone calls from the Company on the registered mobile number and e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by the Company. You have the option to 'opt-out' of all Company’s newsletters and other general email marketing communications by way of links provided at the bottom of each mailer. The Company respects your privacy and in the event that you choose to not receive such mailers, the Company shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications.

 

  1. Changes to this Policy

 

The Company reserves the right to update, change or modify this Policy at any time and will notify you at least once in a year, or whenever there is a change in the Policy, as the case may be by email or posting a conspicuous notice on the Website in the event of any material revisions to this Policy. The Policy shall come to effect from the date of such update, change or modification.

 

  1. GOVERNING LAW

 

This Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bengaluru, Karnataka. In the event of any dispute arising out of this Policy the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, Karnataka.

 

  1. GRIEVANCE REDRESSAL MECHANISM

 

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

Name: Aparna V.

Address: 2024, 16th Main Rd, HAL 2nd Stage, Kodihalli, Bengaluru, Karnataka 560008;
Cell: 8178129915

E-mail: care@thenestery.in

 

For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Policy or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

 

  1. CONTACT DETAILS

 

If you have any questions or concerns about this Policy, you may contact the Company at care@thenestery.in.

 

 

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