PRIVACY POLICY
Last Updated on [9th June 2022] Mesky Online Private Limited (“Mesky”, “We”, “Us”, “Our”) hosts/operates on its website www.mesky.in and through its mobile application (collectively referred to as “Platform”). This Privacy Policy (“Policy”) describes how We collect, use, disclose and transfer Personal Information (as defined below) of users who access the Platform (“Users”, “You”, “Yours”).
We respect the privacy of our Users and are committed to protect it in all respects. At Mesky the privacy of our Users is taken with outmost seriousness as right to privacy is integral to our User’s right to life and personal liberty. Your privacy is very important and valuable to Us and hence We strive to maintain the best data security practices. We will never lease, sell, share or otherwise provide Your data to third parties, other than for the limited purposes stated hereinafter. We also ensure that We adhere to all the applicable laws of the land for protecting Your data.
By using or accessing the Platform or by creating an account on the Platform, You (i) agree and acknowledge that you have read and understood the terms of this Policy, and (ii) acknowledge and consent to the collection, retention and use of Your Personal Information as described in this Policy. We request You to read the terms of this Policy carefully to understand Our approach pertaining to the collection, retention and use of your Personal Information. In the event You do not agree with this Policy, You can choose not to use the Platform.
Please note that the terms of this Policy are subject to changes which are necessitated from time to time on account of change including but not limited to the Applicable Laws, evolution of technological standards, changes in safety and security standards etc. We shall, at Our sole discretion, alter, modify, add or delete the terms, partly or wholly, at any time, without giving you any notice. We request You to periodically check this Policy to be aware of any changes which may be made, if any.
This Policy is prepared in light of the obligations that are prescribed under Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information or Data) Rules, 2011 read with Rule 3(1) of the provisions of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.We have therefore prepared this Policy for handling of or dealing in Personal Information (defined later) of our Users.
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 and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information Technology Act, 2000. This Privacy Policy does not require any physical, electronic or digital signature and is a legally binding document between You and Us.
We request you to go through this Policy carefully and understand the terms, the conditions, the limitations and the manner in which We utilize the information provided to Us by You, before you avail any Product(s) (hereinafter referred to as “Product(s)” in light items listed on Our Platform pertaining to personal care, food/supplement and gourmet art/home décor etc.) /service(s) that we offer on Our Platform.
1. Definitions “Applicable Law” shall mean any applicable statute, law, regulation, ordinance, rule, judgment, notification, rule of law, order, decree, bye-law, permits, licenses, clearance, approval, directive, guideline, consents, authorizations, policy, requirements, or other governmental restriction or any similar form of decision, or determination by, or any interpretation, or policy, having the force of law, whether in effect, as of the date of this Policy or thereafter, as amended from time to time.
“Applicable Law” shall mean any applicable statute, law, regulation, ordinance, rule, judgment, notification, rule of law, order, decree, bye-law, permits, licenses, clearance, approval, directive, guideline, consents, authorizations, policy, requirements, or other governmental restriction or any similar form of decision, or determination by, or any interpretation, or policy, having the force of law, whether in effect, as of the date of this Policy or thereafter, as amended from time to time.
“Cookies” shall mean the files of compressed size placed by Us on to Your device when You visit Our Platform or use any of its features. Through the Cookies placed a website would be permitted to retain your data, your actions or browsing preferences for a set time period.
“Data” shall mean and include personal data, non-personal data and sensitive personal data including but not limited to contact data (Your email address, phone number and any details of Your contacts), demographic data (such as Your time zone, Your postal address and location details), financial data (such as Your account details, e-wallet details, credit or debit card details etc.)
“Partners” shall mean the third parties with whom we have contracts to permit them to use our Platform to sell Product(s)/service(s).
“Personal Information” shall mean any and all information related to the User which either directly or indirectly identifies or represents the Data provided by the User while using the Platform or when the User creates login credentials and includes Sensitive Personal Information.
“Sensitive Personal Information” of a person means such Personal Information which consists of information relating to: password(s); financial information such as bank account or credit card or debit card or other payment instrument details; Information regarding bank transactions, statements of accounts, PAN Numbers, license numbers, tax-related information etc., physical, psychological and mental health condition, sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to the body corporate for providing a service, and any detail relating to the above as provided to a body corporate for providing service; and any of the information received under above clauses by a body corporate for processing, storing or processed under lawful contract or otherwise.
2. General When You access or use the Platform, upon receiving your consent; We may collect the Personal Information provided by You while creating Your Account/ registering on Our Platform using Your Facebook login credentials, Your Google mail login credentials, email address or otherwise. We may learn, collect and use Your Personal Information and Data for various purposes, as more fully set forth in this Policy. We may also collect your Personal Information and data while you engage in any transactions (including financial transactions) on our Platform. If any surveys are being conducted by Us, We will notify You and collect Personal Information/Data upon completion of any surveys on our Platform. We do not disclose Your Personal Information or Data or personal preferences without Your consent to any third parties other than to Our affiliates or other trusted business or persons, based on strict adherence and in compliance with Our Policy and any other appropriate confidentiality and security measures.
2.1. We may use Your Personal Information or Data for any internal purpose, including, without limitation to the following:

a) The development and operation of the Platform;

b) To provide a smooth User experience and enable Us and our Partners to offer their Products and/or services and communicate/promote details about Products and/or services;

c)The development of additional services and Products provided by the Us or Our Partners/affiliates;

d) Transfer, process and/or share the data with our Partners and/or any other third parties which have a commercial or a contractual obligation with us;

e) Provide You with personalized services and offers on our Platform;

f) Collate data to understand the customer behaviour, patterns and trends to improve our Platform;

g)To communicate with You and respond to any queries, feedbacks claims, customer support etc.

h)To inform You of any loyalty programmes, campaigns, privileges, benefits and/or provide any promotional/marketing material;

i) marketing and promotion of the Product/ services on the Platform;

j) To create reports, analysis or similar services for the purposes of research or business intelligence; and

k) For any other purposes as may be required as per any Government/Court order for which we will duly notify you

2.2. We may disclose Personal Information that we collect or You provide, as described in this Privacy Policy, in the following ways:

a) To our holding companies, subsidiaries and affiliates, which are entities under common ownership or control of Mesky.

b) To contractors, advertisers/service providers and other third-parties whom we use to support our business (e.g. logistics and delivery, to collect payments) and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.

c) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Mesky s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Mesky about the users of our Product/ services are among the assets transferred.

d) To third-parties to market their products or services to You which We feel may be of interest or beneficial to You. We contractually require these third-parties to keep Personal Information confidential and use it only for the purposes for which We disclose it to them.

e) To fulfill the purpose for which you provide it.

f)For any other purpose disclosed by Us when You provide the Personal Information.

g) We may share Your Personal Information with outside vendors that we use for a variety of purposes

h) We may share Your Personal Information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Company’s Terms and Conditions, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of Mesky, Our employees, users, or the public. This may involve the sharing of Your Personal information with law enforcement, government agencies, courts, and/or other organizations on account of legal requests such as subpoena, court order or government demand to comply with the law.

i) If You interact with social media features on our Platform, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about Your use of the Platform, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.

j) To enforce or apply our Terms and Conditions available at https://www.mesky.in and other agreements, including for billing and collection purposes.

k) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Mesky, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

I) We may share your information in any other circumstances where we have Your consent.

2.3. We will not disclose or provide Your Personal Information to any third party except:

a)as otherwise described in this Policy;

b) as otherwise required by law or to comply with legal process, including, but not limited to, civil and criminal notices / order / decree / judgement / other compulsory disclosures;

c) is reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;

d) for any internal purpose of the administrator, including, without limitation, to manage Your account, subscription and other billing purposes, to respond to Your inquiries, to allow outside vendors to perform services required by the Platform, and to otherwise manage and operate the Platform and develop new services and Products;

e) as reasonably necessary to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm;

f) as reasonably necessary to protect the rights and property of the administrator or its officers, directors, shareholders, employees or agents.

3. What We Collect, Retain and Use Please note that You may visit Our Platform and access any or part of the Platform which we authorise access to without having to provide any Personal Information or Data. However, without a valid login credentials, You will not be able to access all the contents of the Platform. When You set up an Account and create login credentials on Our Platform, We collect and store your Personal Information or Data which is provided by You from time to time. We also collect the Data or Personal Information upon Your subsequent login to Our Platform. Our reason for the collection of such information is to enable You to have a hassle-free, efficient, safe and easy user experience. The data/information received by Us will be stored on servers which are located in India. The Kinds of information that is gathered by Us is as mentioned below:
Account Information: We may collect Your Personal Information such as email address, name, phone number etc., and Sensitive Personal Information provided by You to fulfil the Know Your Customer (“KYC”) requirements, etc. You may also add other information to Your Account, such as a profile name, profile picture, and status message.
Messages: We will collect the communication exchanged between You and Us while using the Platform, which may pertain to Your messages, photos, videos, files etc. or any queries raised on the Platform. You should be aware that the Personal Information and any Sensitive Personal Information that You voluntarily disclose on the chat facility would be used by Us to better offer You customized and a smooth User experience.
Voice calls: Voice calls: We may record Your voice calls made to our customer care number, for maintaining quality and for audit purposes.
Log Information: We collect non-Personal Information about Your Account such as log files, and website, and performance logs and reports, when You use our Platform.
Transactional Information: If You undertake a transaction on Our Platform, we may receive information and confirmations, such as payment receipts, billing address, data from third party payment aggregators or gateways processing Your payment.
Device and Connection Information: We collect device-specific Non-Personal Information such as e-mail address, Internet Protocol (IP), password, browser data, computer version, operating system, purchase history, the full Uniform Resource Locators (URL) clickstream to, through and from Our Platform (including date and time); cookie number; products You viewed or searched for; and any phone number used to call Our customer care number including phone number when You install our Application, access, or use Our Platform.
Status Information: We collect information about Your online and status message changes on our Platform, such as Your “online status”, Your “last seen status”, and Your last updated status message.
Third-Party Information: We receive information about You which is provided by other persons, which may include Your phone number from their mobile address book, or a message, sent messages to groups to which You belong; the updated delivery and address information from Our delivery partner or other affiliated service providers, Account information, purchase or return information; search results and links, including paid listings and credit history information from credit bureaus, which we use inter alia to help prevent and detect fraud and to offer certain credit or financial services to some users. We work with third-party providers who help Us in operating, improving, understanding, customizing, supporting, and marketing Our services. When You use third-party services, their own terms and privacy policies will govern Your use of those services.
4. Using the Platform

When You use or access the Platform We receive and store additional Personal Information, which may or may not be Your personally identifying information. Such information includes, without limitation, Your internet protocol address, browser types, domain name, and other statistical data involving Your use of the Platform and/or Our services. Such information is collected passively using various technologies or may be provided by You through communications with the Platform.

5. User Rights

All the Personal Information and/or any information that is received by Us from You will at all times be obtained by taking the necessary consent from You. We may process Your data in furtherance of our business objectives, contractual obligations or legal obligations. In furtherance of these objectives if You are a User from a jurisdiction other than India, We may transfer Your Personal Information/data to India. Such transfers will take place and be effective only when You provide consent and Your Personal Information will be protected as described in this Privacy Policy. We may also transfer the Personal Data of our Users outside India for processing, such transfers will take place in the prescribed manner and limits as enunciated in the the Data Protection Laws in India.

You may also reach our appointed grievance officer to exercise Your rights and choice to do any of the following:

Withdraw the consent given to Us to utilize Your Personal Information and data;

Request the deletion of any Personal Information/data shared with us; and Access

the Personal Information/data provided, rectify or request data anonymization.

Cookie Policy

6. To improve the responsiveness of the Platform, We may use “Cookies”, or similar electronic tools to collect information and to assign each visitor / User a unique and random number as a User Identification (User ID) in order to understand Your interests. Unless You voluntarily identify yourself by registering onto Our Platform by following the due procedure mentioned in the Policy, We will not know Your identity even if We assign a cookie to Your computer. When you first visit/use our Platform, You will be presented with a pop up informing You of Our Cookie Policy and asking you to provide consent. We bring to Your attention that on subsequent use of our Platform, You may not receive a Cookie pop-up; however, should You wish to remove the Cookie settings You may adjust the settings and clear the Cookies on Your web browser. Disabling or deleting the Cookies on Your browser may prevent You from utilizing/taking advantage of the Platform at its best. By accepting or rejecting Our Cookies as displayed on the Platform, we will only be able to collect the Personal Information or Data that is supplied or provided by You when You visit the Platform. Cookies are used by Us to track Your usage of the Platform, and to improve the user experience by analysing and assessing changes to be made for improved user experience of the Platform.

7. Network Monitoring

For security purposes and to ensure uninterrupted availability of the Platform, We use software programs to monitor network traffic, in order to identify unauthorized attempts by external parties to upload or change information, or otherwise cause damage to the Platform. Based on how the internet operates, when You visit Our website we automatically receive the uniform resource locator of the prior webpage that You were on and of the webpage where You go after Our website, We also receive the internet protocol address of Your computer, the type of operating system and web browser You are using, Your location, date and time of Your access, pages viewed and other information related to Your access or visit to Our website. We also collect information pertaining to Your interaction with Our customer service executive in order to assist You and to improve the operation of the Platform.

8. Access to and Protection of your Personal Information

8.1 You may delete Your Account at any time or revoke Your consent to Our use of Your Personal Information, by using Our Platform’s delete account feature. We may retain some of Your Personal Information or Data after the deletion of Your Account only for legitimate business or legal purposes such as security, fraud prevention or financial record-keeping or as otherwise mandated under Applicable Law. When You delete Your Account or such Data, We follow a deletion process to make sure that Your Data is safely and completely removed from Our servers or retained only in an anonymised form.

8.2. You may at any time contact Us and request Us to internally delete any Personal Information or Data provided by You or obtained by Us or the Platform. We endeavour to respond to Your request in a timely manner. Please note that, the Personal Information published by You on Facebook may remain available on Our server unless You request that such information be internally deleted by Us. Upon deleting Your Personal Information and Data, You may no longer access the services rendered by Us on the Platform.
9. Keeping Data/Information secure

9.1. We will utilize reasonable technical and organizational safeguards to protect the Personal Information of our Users. We will also utilize the technical and organizational safeguards to address any suspected breach and we will assist you to the best of our ability to rectify any breaches. If You notice or suspect any breach, You may immediately contact our grievance officer by contacting us through the details mentioned in this Privacy Policy.

9.2.We will undertake periodical internal review of data and security measures on the Platform and if You are provided with any passwords or identity codes to amplify the security procedure; You will be solely responsible to maintain the confidentiality of such security codes and will not under any circumstance disclose it any third party.
9.3. Notwithstanding anything contained in this Privacy Policy if any misuse of data or breach leads to the loss, damage or irreparable harm to You due to any event that is beyond the reasonable control of Mesky owing to acts of God, civil strife, strikes, lockdowns, war, sabotage, power failure, computer hacking, computer crashes, breach of encryption; You will not hold Us or any of our affiliates or Partners responsible. Each of the aforementioned events constitute a “Force Majeure Event”.
10. Children under the age of 18
If You are under 18 years of age, You may access the Platform upon accepting the terms under the supervision of a guardian. We have a policy of not collecting Personal Information and Data from Children under 18 years of age, if We have the knowledge of the same. If You are under the age of 18 years, We request You to not provide any information to Us or use any of the interactive and communication features provided by the Platform. If it comes to our knowledge that We have collected or received Personal Information or Data from a child under the age of 18 years without parental consent, We will delete that information.
11. Conditions for Use

If You choose to avail Our services, such services and any dispute over privacy is subject to this Policy and Our terms and conditions, including limitation on damages, resolution of disputes and application of the laws of India. You agree to Our collection of information which shall include the Your Platform browsing behaviour, purchases made on the Platform, etc. The information collected shall be shared with but not limited to Our affiliates, sponsors, parties, from time to time for improving the user experience and providing targeted services.

12. Link to Third Party Websites
Our Platform may provide links to other websites, many of which have their own privacy policies. Be sure to review those privacy policies on any such redirected website that You are visiting. Some content or applications, including advertisements on the Platform accessed by You while availing Our services are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use Cookies alone or other tracking technologies to collect information about You when You use their services. The information they collect may be associated with Your Personal Information or Data that they may collect information about Your online activities over time and across different websites and other online services. They may use this information to provide You with interest-based advertising or other targeted content based on Your browsing trend. We do not control these third parties’ tracking technologies or how they may use the data which they have accessed. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider/advertiser directly.
13. Miscellaneous

If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way.

We reserve the right to revise or amend this Privacy Policy from time to time.

14. Dispute Resolution and Governing Law

Any disputes arising on account of or out of this Privacy Policy shall be governed by the laws of India and the courts at Mumbai shall have exclusive and rightful jurisdiction to adjudicate upon all disputes arising out of this Privacy Policy.

Any difference, dispute, controversy, or claim (“Dispute”) which may arise between the Parties out of or in relation to or in connection with this Policy, or the breach, termination, effect, validity, interpretation or application of this Policy or as to their rights, duties or liabilities hereunder, shall be settled by the Parties in good faith and by mutual negotiations and Term, within 30 days of notice of such dispute provided be one party to the other. If, for any reason, such Dispute cannot be resolved amicably by the Parties within the period mentioned above, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Parties within 15 days from the date of expiry of the aforesaid 30 days. The decision of the arbitration tribunal shall be final and binding upon the Parties. The venue and seat of the arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English language. This clause shall survive termination or expiry of this Policy.

15. Contact Us

Any questions or clarifications with respect to this Policy or any complaints, comments, concerns or feedback can be sent to the duly appointed grievance officer Mr. Ashish Gupta who can be reached at [email protected] or by normal/physical mail addressed to B-205, Raj Mahal C.H.S.Ltd, Raheja Complex Yaari Road, Versowa, Andheri West, Mumbai, Maharashtra 400058.