Privacy Policy

WE, PKM FOODS PRIVATE LIMITED (“COMPANY”; “WE”; “US”; “OUR”), RECOGNIZE THE IMPORTANCE OF PRIVACY OF YOUR PERSONAL INFORMATION AND HENCE ARE COMMITTED TO PROTECT YOUR PERSONAL INFORMATION SHARED WITH US. THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW WE COLLECT, USE SHARE AND PROTECT THE PERSONAL INFORMATION THAT YOU PROVIDE TO US WHEN YOU ACCESS OR VISIT OUR WEBSITE. THIS PRIVACY POLICY APPLIES ONLY TO PERSONAL INFORMATION COLLECTED ON OUR WEBSITE. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT ACCESS THE WEBSITE AND/ OR PURCHASE THE PRODUCTS THROUGH THE WEBSITE.

By using this Website, you agree to the practices and policies outlined in this Privacy Policy and hereby consent to our collection, use and sharing of your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. 

If you access or use the Website on behalf of someone else (such as the User or any other individual) or an entity (such as your employer), you represent that you are authorized by such individual or entity to accept this Privacy Policy on such person’s behalf.

Introduction

We, own and operate a website, namely, www.prakashmasala.com (“Website”). The Website enables the viewing and buying of Company’s masale/ spices, chutney, pickles and other products as may be offered by the Company from time to time (“Products”) (“Services”). The visitor to the Website who intends to buy the Products (“Buyer”) shall be able to place order to buy Products that they want to purchase through the Website, and pay through the Payment Options that may be available from time to time. “Users” shall mean and include the Buyers, as well as visitors to our Website.

For the provision of the Services, the Company shall collect the Personal Information (defined below) of the Buyers.  

We are committed to protect the Information and have made this Privacy Policy to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information. We recommend the Users to read this Privacy Policy carefully so that Users understand our approach towards the use of their Personal Information. 

  1. COLLECTION OF INFORMATION 

    1.1 Personal Information Collected

    For the provision of the Services, Buyer is required to share certain Personal Information. For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to User’s name, delivery address, residential/commercial address, mobile number, e-mail ID, credit card/debit card and other payment instrument details.

    In order to process the payment we need billing information, including your name, credit card number, credit card expiration date, mailing address, and your card security code. We currently use a third party to process and store this information. We need to share your billing information with the third party provider in order to process and store your billing information, but we will share this information exclusively for this purpose.

    We will never sell or rent your billing information to third parties. We will not share your billing information with third parties other than for purposes of processing the card transaction.

    We may disclose your billing information as required by law.

    User undertakes and confirms that all the information disclosed/ to be disclosed by the User is disclosed willingly and without any coercion and that he/ she shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us whether of its own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he/ she has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User may choose to withdraw his consent provided hereunder at any point in time by written communication to the Company at sales@prakashmasala.com . Upon receipt of such communication the Company shall be entitled to store the data in an anonymized manner without reference to the User and complete the anonymizing the data within 90 days from the date of the communication. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy. 

    1.2 Non-Personal Information

    We collect User’s Internet Protocol (“IP”) addresses when User visits the Website to track and aggregate non-personal information. Non-personal information may include the browser name, your usage and log related information, the type of electronic device, manufacturer, make, model, unique ID of the electronic device and other technical information about User’s means of connection to our Website, such as the operating system and the Internet service providers utilized and other similar information. For example, we may use IP addresses to monitor the regions from which User navigates our Website. User understands that this information shall be non-personal information and could be used by the Company, for its own business purposes and to improve the Services. 

    1. COVENANTS FOR USE OF THE INFORMATION

    2.1 Use of Personal Information

    We shall use the Personal Information in the following cases: (i) to provide User with the Services and to assist the User in the event the User needs any additional support;  (ii) for creation or development of business intelligence or data analytics in relation to the Services provided by the Company; (iii) to more effectively provide the Services to User; (iv) to improve the Services and/ or Products; (v) to maintain and manage User Account, if any; (vi) to assist User with technical difficulties that may arise in relation to User’s use and access of the Website; (vii) to manage our relationship with User; (viii) for internal record keeping; and (ix) to comply with our legal or statutory obligations. 

    2.2 Anonymized Data

    We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to conduct research, analytical purposes, and to improve our Services. By using the Services and/or visiting our Website, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.

    1. DISCLOSURES

      In course of providing Services to you or access to the Website we may share your personal Information with certain parties (for consideration or otherwise). Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:

      3.1 Administrators: We may provide access to User’s Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.

      3.2 Affiliates: We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to User’s requests for information or the Services. 

      3.3 Service Providers: We may share User’s Personal Information to the service providers, who are working with us in connection with the operation of the Services or the Website, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy. 

      3.4 Joint Marketing Arrangements: Where permitted by law, we may share User’s Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of User’s Personal Information, require them to safeguard User’s Personal Information, and prohibit them from making unauthorized or unlawful use of User’s Personal Information.

      3.5 Merger or Acquisition: We may transfer User’s Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Website, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.

      3.6 Legal and Regulatory Authorities: We may be required to disclose User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose User’s  Personal Information to (a) law enforcement officers or others; (b) Credit Information Companies; (c) to comply with a judicial proceeding, court order, or legal process served on us or the Website; (d) to enforce or apply this Privacy Policy or our other policies or agreements; (e) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (f) respond to claims that any Personal Information violates the rights of third-parties; (g) or protect the rights, property, or personal safety of the Company, or the general public. User agrees and acknowledges that we may not inform User prior to or after disclosures made according to this section. 

      3.7 Notwithstanding anything mentioned hereinabove, the Company shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall the Company be responsible and/or liable for any additional information User may choose to provide directly to any third party. 

      1. ACCESSING AND MODIFYING PERSONAL INFORMATION

      In case User needs to access, review, and/or make changes to the Personal Information except for User’s mobile number, User may do so on his/ her User account, if any. If User updates, modifies or corrects his Personal Information, we may continue to keep copies of the Personal Information prior to such update, modification or correction for uses provided for in this Privacy Policy. We shall not verify any such modifications or corrections made by the User. User shall be solely liable for such modifications or corrections. 

      • DATA RETENTION 

      We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

      • INDEMNIFICATION

      User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Information and contents that User submits or shares; (ii) User’s violation of this Privacy Policy, or (iii) User’s violation of rights of another User or third party. 

      • LIMITATION OF LIABILITY

      USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. THE COMPANY’S LIABILITY IN NO EVENT SHALL EXCEED RUPEES FIVE HUNDRED. 

      1. CONFIDENTIALITY AND SECURITY

      Your personal information is maintained by us in electronic form on our database which are either hosted on a private cloud or public cloud (such information may also be converted to physical form from time to time). Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liability or responsibility for it. Users are required to be careful to avoid “phishing” scams, where someone may send User an e-mail that looks like it is from the Company asking for User’s personal information. Hence, Company cannot guarantee that transmissions of such information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Company or Company’s third-party service providers. The Company assumes no liability or responsibility for disclosure of User information due to any reason, including but not limited to errors in transmission, unauthorized third-party access, or other causes beyond its control. Although the Company shall try best to protect the information. The Company cannot take any guarantee for the security of the User data transmitted through the Website.

      1. COOKIES

      9.1 We may use browser cookies to store certain data (that is not sensitive personal data or information) that is used by us. Cookies are small text files placed on your computer’s hard disk by our server. We use these cookies to provide you with a continuous experience, and for us to record how our Service is being used. Most web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. The cookies however, do not store any personal information of the User.

      9.2 This Privacy Policy applies to the Services that are owned and operated by us. We do not exercise control over the sites displayed as search results or links from within our Service. These other sites may place their own cookies or other files on your device, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply our endorsement of the website, the website’s provider, or the information on the website. If you decide to visit a third party website linked to the Website, you do this entirely at your own risk. 

      1. COMMUNICATIONS

      We will communicate with you through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. 

      1. RESERVATION OF RIGHTS

      All rights not expressly granted in this Privacy Policy are reserved by the Company and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Company or any other person or to User. 

      1. GOVERNING LAWS AND DISPUTES

      This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between the User and the Company shall be submitted to arbitration to be conducted in Pune, Maharashtra, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996 (as amended from time to time), by a sole arbitrator, who shall be appointed by the Company and the award made in pursuance thereof shall be binding on the Users and the Company. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that, subject to arbitration clause, the courts in Pune, Maharashtra, India shall have an exclusive jurisdiction over such disputes.

      • CHANGES TO THIS POLICY

      We may update this Privacy Policy without notice to User. Users are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it. 

      This Privacy Policy was last modified on [•].

      • CONTACT US

      If User has any question, concern or grievance regarding this Privacy Policy, User can email us at our grievance email-address sales@prakashmasala.com .