DL herbal farms Pvt Ltd referred to as (“We” / “Us” / “Company”) is the publisher of this Privacy Statement and / or Privacy Policy (“Policy”) in relation to its website

/web application and mobile application for the products “Mind First”. This Policy form’s part and parcel of the ‘Terms of Use’ and ‘Platform Terms’ as relevant for App and / or Site (as defined hereinafter).

The Company would be engaged in Selling of Natural Perfumes and Deodorants made of essential oils and termed as (“Products”); and

This Policy enumerates and lays down the manner in which We shall collect, use, process, disclose, transfer and secure the Personal Information (“PI”) and Sensitive Personal Information (“SPI”) collectively defined as Personally Identifiable Information (“PII”) and in what manner the said PII shall be provided by the intended user (referred to as “User” / “Users” ) for purchase of Products on the Site and / or App and sets out the security practices implemented by Us and how the PII shall be handled and secured by Us.

This Policy shall form part of the website (“Site”) and / or mobile application (“App”) for the products Mind First” through which the Users will buy Products on the Site and / or App. Users, by providing their PII, agree and consent to its use.

Information about the operator of Site or App can be found on the footer and / or on the contact page of the Site and in the licensing agreement of the App.

WHY THIS POLICY? 

This Policy is published in compliance with Section 43A of the Information Technology Act, 2000    (“Act”) and the following rules prescribed under the Act (collectively referred to as “Rules”):

  1. Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011; and
  2. Rule 3 of the Information Technology (Intermediaries Guidelines) Rules,

WHAT WE COLLECT? 

We collect PII that Users provide on the Site or App i.e., Information that identifies Users as individuals.

The Site or App will only collect the PII when Users have voluntarily agreed to provide the PII. This PII has been specifically categorized as PI and SPI which are mentioned below:

(A) Personal Information (PI): – 

  1. Telephone
  2. Device and connection information (in case of an App);
  3. Email Address; or
  4. Aadhaar Card Number and / or Permanent Account Number (PAN).

(b) Sensitive Personal Information (SPI): –

  1. Financial information such as details of bank account /credit card / debit card.
  2. Other payment instrument
  3. any of the information received under above clauses for processing under lawful contract or otherwise.

PII shall not include any information that is freely and readily available or freely accessible through   a   public   domain   or   furnished   under    the    Right    to    Information    Act, 2005 (“RTI”). Further any loss or misuse of this publicly available PII shall not be construed as breach of this Policy or Terms of Use.

Users shall be solely responsible for the accuracy of the PII that they provide on the Site or App and undertake to keep the same modified, updated, corrected by contacting Us on [e- mail to be inserted].

Users undertake to keep the Company indemnified with respect to any liability that may arise due to any inaccuracies or outdated or incorrect PII provided to Us and / or any other User of the App or Site including Third Parties.

PRIVACY STATEMENTS: – 

(A) USE OF PII: – 

The PII provided by the Users shall be exclusively used by Us and / or any Third Parties authorized by Us:

  1. To respond to your
  2. To improve the functionality of the App / Site and to customize your future
  3. To administer your login account.
  4. To carry out our obligations arising from your requests for our Products and send you administrative
  5. To improve the content of communications by
  6. To notify you of our new Products.
  7. To seek your feedback on the Products and
  8. To verify your identity and perform checks to prevent
  9. To improve administrative and quality assurance purposes.
  10. To make disclosures as may be required under applicable law for the time being in force, including law related to enforcement agencies, courts, and other statutory forums; and
  11. For other purposes that may be detailed on the Site or

(B)  PROTECTION OF PII: –

 We shall take reasonable security measures to protect PII collected from the Users against unauthorized access or disclosure.

When sharing PII as per User consent with Third Parties for provision of the Services to the Users or otherwise, such Third Parties are carefully selected and contractually obligated to use reasonable security measures to protect the confidentiality and security of PII as provided under the Rules and access to such Third Parties to User PII is provided only on a need-to-know basis with similar obligations.

We shall not be liable for   any breach of   PII   due   to   negligence of the User while buying Products via Site or the App.

Save as provided by law for the time being in force, we will retain your PII only for the provision of the Services and / or for such period as your account is active and has not been closed by You, as the case may be. At any time, you may update, correct, remove the PII or instruct us in writing to remove it.

(C)  SHARING OF PII: – 

We may share, transfer or disclose Users’ PII under a lawful contract with Third Parties on a need-to-know basis, in the normal   course of business to provide such Products, Services or support services to the Users and / or to improve the quality of such Products and Services, as the case may be. Further, we shall not transfer, disclose, sell Users’ PII with Third Parties except as agreed in terms of this Policy Third Parties are contractually obligated to refrain from using the PII for any purpose other than as contemplated under this Policy.

All Third Parties providing such support Services shall also be contractually obligated to meet the same standards of data protection as prescribed under the Act / Rules.

We also reserve the right to disclose the PII for reporting to government authorities, to parties in relevant legal proceedings as authorized by the presiding court or tribunal and otherwise to the extent required or explicitly authorized by applicable laws. In certain special cases, we may disclose Users’ PII:

  1. When we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to Users or otherwise injuring or interfering with the rights, property, or operations of the Site and / or App, other users of this Site and / or App or anyone else who could be harmed by such
  2. When we believe that it is required as per law, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative
  3. In connection with a substantial corporate transaction, such as the sale of a products line or division, acquisition, restructuring, merger, consolidation, asset sale or in the unlikely event of bankruptcy by operation of law or otherwise; and
  4. In order to comply with the applicable laws of the relevant jurisdiction to which the Company may be

By using this website, you acknowledge that you understand and accept the risk associated with the data security and agree that we are not responsible for any information breaches or cyber attacks beyond our reasonable control.

DL HERBAL FARMS may include links to third party websites, applications or services whose privacy practices may differ from ours if you submit your personal information to any of those sites or services, your information is governed by their privacy policies we encourage you to carefully read the privacy policy of any website or service you visit or use.

(D) WEBSITE AND MOBILE APPLICATION USAGE INFORMATION: – 

We may use mobile analytics software to allow us to better understand the functionality of our App on the User’s phone. This software may record information such as how often Users access the App, the events that occur within the App, aggregated usage, performance data and from where the application was downloaded.

We may send push notifications from time-to-time to update users about any events or promotions that we may be running. To ensure Users receive proper notifications, we will need to collect certain information about Users device such as operating system, etc.

We may also share this aggregated information with Third Parties for the provision of Services or support services and / or to improve the quality of our Products. This information includes

  • The total number of visits to our Site and
  • The number of visitors to each page of our Site and App; and
  • The domain names of our visitors’ internet service

(E) USE OF IP ADDRESSES: – 

We may automatically collect information about Users ‘computer browser type and operating system, websites you visited before and after visiting our Site, standard server log information, Internet Protocol (“IP”) addresses, Global Positioning System (“GPS”) location data, service provider & operating system of mobile phones. We aggregate this information to understand how the visitors use our Site and App so that we can improve the Site / App and the Services or Products we offer. GPS location data does not typically identify individual Users. We / Third Parties may collect IP addresses for the purpose of administration of the system and / or to audit the use of our Site. We may also use IP addresses to identify Users of our Site when we feel it is necessary to enforce compliance with the Site’s terms of use or to protect Services, Site, App, or other Users, as mandated by law.

We identify IP addresses of Users and use the same to diagnose problems with our server, and to administer our App. Users’ IP address is also used to help identify the User and to gather broad demographic information.

COOKIES: – 

Our Site and App shall use a technology called “Cookies.” A cookie is a small text file that is placed on your hard disk by a server. We use data collection devices such as cookies on certain pages of the App to help analyse our App page flow, measure promotional effectiveness, and promote trust and safety. Cookies allow Site and / or App to respond

to Users as an individual. The Site and / or App can tailor its operation to Users’ needs, likes and dislikes by gathering and remembering information about your preferences. For instance, server may set a cookie that keeps you from having to enter a password more than once during a visit to a website. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can manually modify your browser setting to decline Cookies or receive a warning before a cookie is stored if you prefer. Please refer to your Internet browser’s instructions or help screen to learn more about these functions and to specify your cookie preferences. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Site or any other websites that you visit. Any loss of PII, through the Cookies shall not be our responsibility.

INFORMATION FROM OUTSIDE SOURCES: – 

We may also collect or obtain information from Third Parties to add to our existing Users databases unless restricted or prohibited by applicable laws. Some of this information may be PII. We do this to target information offerings and promotional campaigns in which we think users would be interested. Such PII will only be collected and used in accordance with the basis on which it was originally provided by the subject unless restricted or prohibited under the applicable laws.

LINKS TO OTHER WEBSITES: – 

We shall allow various advertisers to advertise their content. We shall not be responsible for use of any PII that you provide to advertisers or third-party advertisers. These other sites may place their own Cookies or other files on Users’ computer, collect data or any other information, for which we shall not be responsible. We do not share Users with these advertisers. We shall not be responsible for:

  • How these websites treat your
  • The content of such websites; and
  • The use that others make of these

USE OF OUR WEBSITES AND MOBILE APPLICATIONS BY CHILDREN: – 

Unless otherwise explicitly stated, Sites and App on which this Policy appears are not intended or designed to persons who are below the age of eighteen (18) years(“Minors”) or who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, and the Company shall in no circumstances be responsible for the action(s) of such individual(s). We do not knowingly collect PII from Minors on our Site or App.   We   only   collect   the   PII   of Minors where explicit    consent is provided or uploaded by parents or guardians on the Site or App. The Company shall in no event be responsible for verification of the genuineness of the consent provided by the parents or guardians of the Minors.

UPDATES TO THE POLICY AND TERMS OF USE: – 

We may occasionally update and / or change this Policy and / or Terms of Use. We encourage Users to periodically review this Policy and to stay informed about how We are helping to protect the PII We collect. The use of the Site and / or App shall constitute a valid agreement as per Policy and Terms of Use.

GOVERNING LAW AND JURISDICTION: –

If any dispute arises between the Company and the User pertaining to this Policy or any of the Services rendered by the Company and / or the Products sold by it through its App or Site, which is not settled amicably through negotiations, then the same shall be referred to and finally resolved by arbitration administered by the Delhi International Arbitration Centre (“DAC”) in accordance with the arbitration rules of the Delhi International Arbitration Centre (“DAC Rules”), which rules are deemed to be incorporated by reference in this clause read with the (Indian) Arbitration and Conciliation Act, 1996 for the time being in force. The seat of the arbitration shall be in New Delhi and the language of the arbitration shall be English.

The arbitral tribunal (“Tribunal”) shall be constituted in accordance with the DAC Rules and the Tribunal shall consist of a sole arbitrator to be appointed jointly by the Parties, failing which, the sole arbitrator(s) shall be appointed in accordance with the DAC Rules.

Notwithstanding anything to the contrary contained in this clause, in the event, any of the disputes cannot be adjudicated by the tribunal as constituted in terms of the above clause, the Parties agree to subject themselves to the exclusive jurisdiction of the courts of Delhi.