This Privacy Policy (“Privacy Policy”) Sets Forth How Huzzay! Uses And Protects The Personal Information That The User Provides To Us When The User Uses Our Mobile Application Or, Accesses And Visits Our Website. This Privacy Policy Applies Only To Personal Information Collected On The Mobile Application And Our Website. Please Read This Privacy Policy Carefully. By Continuing To Use The Services Or Access Our Mobile Application And Website, User Agrees To This Privacy Policy. If User Does Not Agree To This Privacy Policy, User May Not Use Or Avail The Services Or Access The Mobile Application Or Website.
We, HUZZAY! (“Firm”; “We”; “us”; “our”) have created and developed a mobile application which is accessible through tablets, smartphones, connected televisions, and other devices (“App”) and own and operate a website, namely, www.huzzay.com (“Website”) (together the APP and the Website are referred to as “Platform”). The Platform currently provides Wishlist services; Computerized online gift ordering services; Online retail services relating to gifts and Gift cards; Providing online facilities featuring information for consumers in the field of gifts; Promoting the goods and services of others by providing online facilities featuring gift suggestions and connecting sellers of such goods and/or services; providing assistance in gift selection; and invite management service (“Services”) between certain Merchants and Registered Members (as defined below) who are associated with us and are registered on the Platform. Wherein “Merchants” shall mean independent third party entities who can fulfill orders for gifts purchased from a Registered Member’s Wishlist; “Registered Member(s)” shall mean the Users who avail the Services using the Platform after registering on the Platform and can do all the things that Visitors can do, and: (i) create, access, manage, and update their own personal accounts on the Platform; (ii) create, access, manage, and update their own Wishlist through the Services; (iii) access and use our Services to purchase gifts from other Members Wishlist; or (iv) post comments and other content through the Services; “Guests” shall mean persons who do not register with us, but want to use our Services to access, view and/or purchase gifts from a Registered Member’s Wishlist. No login is required for Guests, but a password may be required to view a Registered Member’s Wishlist; “User”; “You”; “Your” shall mean and include any natural or legal person who has transacted or agreed to transact through the Platform and/ or has accessed the Platform including users who install, download, access and/ or use the App, or access and/ or use the Website, including the Registered Members, Visitors, Guests and the Merchants;
For the provision of the Services, the We shall collect certain the Personal Information (defined below) of the Users. If you are using the Services or accessing the Platform on behalf of a third party, you represent that you have the authority to bind such third-party to the terms and conditions of this Privacy Policy and, in such an event your use of the Services or the Platform shall refer to use by such third party. If you do not have such an authority (to provide any Personal Information of a third party) or do not agree to the terms of this Privacy Policy, then you should refrain from using the Services. Additionally, you agree that you have obtained a prior written consent from such third-party before uploading their Personal Information on the Platform.
Use of the Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. We do not knowingly solicit or collect personal information from children under the age of 18 years. If you have shared any personal information of children under the age of 18 years, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.
We are committed to protect the Personal 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.
This Privacy Policy is governed by and is compliant with the applicable laws, which is designed to protect the Personal Information; and other applicable rules and regulations related to privacy.
This Privacy Policy applies to Personal Information collected and controlled by us, through the Platform about the Users, for providing the Services. For the availing or provision of the Services, User is required to register with the App or on the Website by using the sign-up option available (“Account”). During the registration process and for using the Services, User shall be required to share/upload 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, date of birth, social media username, social media profile picture, unique social media identifier and in case of Merchant, the shop details such as address, photographs, registration number, license number of the Merchant’s shop, PAN Card number, GSTIN, Merchant’s bank details such as account name, account number, account type and IFSC code. If you sign-up through Facebook, or any other social media website, you are authorizing the Platform to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc., or such other social media company would provide to us through their application programming interface (“API”).
When a Registered Member creates a new wishlist, they may be required to provide likes, dislikes and preferences and also that their shipping information for the purpose of gift delivery and such address will be visible to individuals who have access to your wishlist. Registered Members will have the option to protect their wishlist with a password and to control the visibility of their address on the wishlist. If a User chooses to make their address private it ensures that the address remains confidential. Any individual attempting to purchase gifts from a list where the address is not visible have the option of either entering the address themselves or request the address by clicking the link which will send an email request to the owner of the wishlist. If you sign up or add a gift item via our Merchants and provide your address for gift delivery, you grant us permission to share your address with the Merchants.
You authorize us to collect, store, and use, in accordance with this Privacy Policy, any and all such personal information. This Privacy Policy governs our use of this personal information; it does not govern, and we have no control over and will have no responsibility or liability for collection or use of your personal information by the Merchants.
User undertakes and confirms that all the information disclosed/ to be disclosed by you is disclosed voluntarily, 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 us, obtained a written consent from such third party and we 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 us at yay@huzzay.com. Upon receipt of such communication the Firm shall be entitled to store the data in an anonymized manner without reference to the User and complete the anonymizing the data within 7 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.
In order to process any gift transaction through the Platform (each, a “Transaction”), Guests may be required to provide certain billing information, such as information related to their UPI account, debit card number, credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, the “Billing Information”). Such Billing Information will be collected and processed by a Third Party Payment Processor pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Billing Information in connection with such Transactions.
We collect User’s Internet Protocol (“IP”) addresses when User visits the Platform 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, date and time, amount of time spent on particular pages, what sections of the Platform you visit, and similar information concerning your use of the Platform and/or the Services, such as the operating system and the Internet service providers utilized. For example, we may use IP addresses to monitor the regions from which User navigates our Platform. User understands that this information shall be non-personal information and could be used by the Firm, for its own business purposes and to improve the Services.
Information that we collect using “cookie” technology which help us enhance your experience using the Platform. We also evaluate your use of the Platform by deploying third party cookies. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Platform. We provide you notice of such cookie collection upon accessing our Platform. If you do not want us to deploy cookies in your browser, you an opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the Platform, although your ability to use some of the features may be affected.
User Content (UC) is any content that is made publicly available by users of a system. The systems most commonly used for posting UC are social media websites, such as Facebook, Twitter, Instagram, etc. If you decide to post anything on a social media platform accompanied with the hashtag #ShareMyWishlist, you are thereby granting us permission to copy, display, distribute, perform, publish, modify, and/or translate such media in any form, as long as we act in accordance with this Privacy Policy and the relevant laws regarding data privacy. We may also request permission to use UC that is not accompanied with the #ShareHuzzay.com hashtag, if we believe it could serve a legitimate business purpose. If permission is granted, you will be affording us the same rights to the content as if you had originally posted it with our hashtag. Generally, we will use UC for advertising and marketing purposes. We will not attempt to claim ownership to any of the UC we use, but it must be understood that we will also never compensate anyone for usage of their publicly accessible data. This right to use your UC never expires, and we may also encourage third parties to use or archive such content as well.
Due to the fact that UC is available to the public, please be very attentive to the information you post on any social media platform. Any post that is discriminatory based on race, caste, gender, sexual orientation, national origin, or a mental or physical disability is a violation of others' rights, and you may face legal consequences as a result. Your UC must not be defamatory, sexually explicit, or used for political gain, and the content you post must not result in a breach of contract with us or a third party or in contravention with the provisions of applicable laws.
The information, including personal information, posted by the Users through the Platform with features like blogs and which can be seen by other members of public or other Users, is not protected by this Privacy Policy.
By using our Platform on your mobile device or any other device, you grant us access to your device's camera and microphone for the purpose of capturing images or taking videos as part of the functionality and features we offer. We will only access your device's camera and microphone with your explicit permission. This access will be limited to the duration of your active use of our Services and will be utilized for purposes, including but not limited to upload custom images or photos of gifts on Wishlist, scan barcodes, and personalize Wishlist landing page. If you do not grant consent for the collection and use of images or photos, certain functions or features of our Services may not be available to you.
Additionally, please note that by using our Services, you acknowledge and consent to the collection, use, and potential disclosure of images, photos, and videos that you voluntarily share with us. We may utilize these images or photos to enhance our Services, including but not limited to the features mentioned above. We are committed to securely storing and protecting your personal information and employ all reasonable measures to safeguard against unauthorized access, disclosure, alteration, or destruction. Please note that we do not sell, trade, or disclose your images or photos to third parties without your explicit consent, except as required by law or to provide our Services. It is crucial to exercise caution and discretion when uploading information.
We expect all Merchants and any third parties we conduct business with to comply with relevant data protection and privacy laws, at all times. If any user wishes to receive information pertaining to the use or collection of their personal data at any time, we expect all of our Merchants to be able to provide that information as necessary. If there is a breach of contract due to the failure of a third party to produce information, an injunction may be sought against that third party to suspend their business operations until they become compliant, and monetary damages may be sought for the actual breach.
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 us; (iii) to more effectively provide the Services to User; (iv) to improve the Services; (v) to maintain and manage User Account; (vi) to assist User with technical difficulties that may arise in relation to User’s use and access of the Platform; (vii) to manage our relationship with User; (viii) to undertake promotional and non-promotional activities; (ix) for internal record keeping; and (x) to comply with our legal or statutory obligations.
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.
In course of providing Services to you or access to the App or 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:
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.
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.
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 Platform, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy.
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.
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 App, 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.
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 App; (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 our rights, property, or personal safety, or the general public. User agrees and acknowledges that we may not inform User prior to or after disclosures made according to this section.
Notwithstanding anything mentioned hereinabove, we 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 we be responsible and/or liable for any additional information User may choose to provide directly to any third party.
The User expressly agrees that the User will be communicating directly through the Website or the App with the Merchants, Registered Members, Guests and/ or other third party service providers and will willfully be sharing its information with Merchants and other third party service providers, including payment apps, delivery agencies etc. We do not itself store any payment card account information other than Virtual Payment Address (VPA) that may be shared by you, does not have direct control over or responsibility for such information shared with third parties.
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.
User’s Personal Information is stored on our database which are either hosted on a private cloud or public cloud. 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 us asking for User’s personal information. Hence, we 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 us or our third-party service providers. We 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 we shall try best to protect the information. We cannot take any guarantee for the security of the User data transmitted through the Platform.
User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.
The Platform may contain links to third-party websites like Merchant websites/ apps. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
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 the User modifies his/her mobile number, then he/she has to update the User information through User Account. User shall keep User’s Personal Information updated to help us improve our Services. 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.
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 Personal Information and contents that User submits or shares through the Platform; (ii) User’s violation of this Privacy Policy, (iii) or User’s violation of rights of another User.
User Expressly Understands And Agrees That We Shall Not Be Liable For Any 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 We Have 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. In No Event Our Liability Shall Exceed Rupees Five Hundred.
All rights not expressly granted in this Privacy Policy are reserved by us and our licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as grant of license or right to our copyright, patent, trademark or other intellectual property right to any person or to User.
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 us shall be submitted to arbitration to be conducted in Mumbai, 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 Firm and the award made in pursuance thereof shall be binding on the User and us. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Subject to arbitration, Parties agree that the courts in Mumbai, Maharashtra, India shall have an exclusive jurisdiction over such disputes.
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 11th July, 2024.
If User has any question, concern or grievance regarding this Privacy Policy, User can email us at our grievance email-address yay@huzzay.com.
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