Privacy Policy

Privacy Policy

This Privacy Policy is published by Curatestar Designs Private Limited, a company incorporated under the laws of India and the owner of “Kalpané” (“we”, “us” or “our”) in compliance of:

(i) Section 43A of the Information Technology Act, 2000; and

(ii) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)

Personal information is defined under the SPI Rules to mean 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.

The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:

(i) passwords;

(ii) financial information such as bank accounts, credit and debit card details or other payment instrument details;

(iii) physical, physiological and mental health condition;

(iv) name, age, address, e-mail, phone number, date of birth, sexual orientation;

(v) medical records and history;

(vi) biometric information;

(vii) information received by body corporate under lawful contract or otherwise;

(viii) visitor details as provided at the time of registration or thereafter; and

(ix) call data records.

Any and all the aforementioned information is collectively referred to as “Personal Information” for the purposes of this Privacy Policy.

1. Purpose

We understand how important privacy is to you, and we are committed to creating a safe and secure environment for our  registered users (“User”, “Users”, “you”, “your”) and to provide them with a platform buy/sell various curated items as may be traded on our website and application that may be used on Android, iOS, Windows or any other platform compatible for multiple devices such as smart phones, tablets, laptops, or any other device (“Application”) and other online services provided by us (collectively, our “Services”). This policy (“Privacy Policy”) describes what information we collect from our Users and others who visit and/or use the Services, how we use and share that information, and what we do to protect it. By accessing or using our Services, you, the User, expressly consent to the information handling practices described in this Privacy Policy which are incorporated into and subject to our terms of use. Any capitalized terms used but not defined within this Privacy Policy shall have the meaning given to them in our terms of use.

2. How we collect Information

2.1 For the purpose of this Privacy Policy, information that you provide by accessing Services can be any of the following (collectively, “Data”):

(i) information relating to your use of the Services, including, without limitation, any information submitted by you at the time of registering and creating your personal account to access the features of our website and/or Application and use our Services including without limitation, your name, mailing address, contact details for phone and/or e-mail, facsimile numbers, gender, age, home country, zip code, etc.;

(ii) We may integrate the Application and render Services with third party owned social media applications, including but not limited to Facebook, Twitter, Instagram, etc., as well as their corresponding updates (“Social Media”). Due to this integration, you may opt to sign-in to the Application using your Social Media account and access Services rendered by us. If you decide to sign-in using any Social Media account, you are giving us the permission to use, share, and store any information that is already associated with or available on such Social Media account in accordance with this Privacy Policy;

(iii) We enable our Users to post advertisements about their goods which they want to sell using our website/Application (“Listings”). We may also collect additional information that our Users choose to provide in their Listings, such as their contact information, including phone and/or e-mail address, location, new or deleted Listings, new or deleted comments, keyword searches, scam reports and new contact sellers; and

(iv) information automatically recorded from your browser or mobile device, including standard log files, web beacons, or pixel tags, Internet Protocol (IP) address, operating system, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system, and the date, time and screens accessed while using the Services;

2.2 In order to access certain features and benefits of our services, you may need to submit/share Data and/or Personal Information. Only registered Users are allowed to make Listings on our website/Applications. Further, if you have provided your contact details in a Listing made using your account, you agree to receive communications on the provided phone number and/e-mail address from our side which may include but not be limited to automated e-mails, calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Website.

2.3 You are responsible for ensuring the accuracy of any Data or Personal Information that you choose to submit to us while accessing any Services. By using the website, Application, Services, or Courses, you consent to the collection, use and disclosure of all Data, including Personal Information, as applicable, in accordance with this Privacy Policy.

2.4 You may choose to edit or update any Data or Personal Information provided to us, at any given time.

3. Use and disclosure

3.1 Use

(i)  Except as otherwise stated above, we may use Data and/or Personal Information to understand and analyze the User demographics, usage trends and preferences of our Users for marketing, analytics and research purposes, to improve the way Services are rendered, to operate, maintain, enhance, and provide all of the features, to communicate with our Users; and provide them with the latest information pertaining to our Services as well as similar or incidental services, including but not limited to targeted advertising, provided by third parties. Such targeted advertising and/or updates could be in the form of notification in the Application, e-mails, SMS, push message alerts whether using the Application or not, etc.

(ii) We may send direct mailers for the promotion of new products and services launched by us and other targeted advertisements for third-party entities (“Mailers”) to the User at the e-mail address shared by the User. The User has the option to “opt-out” of these Mailers by way of links provided at the bottom of each Mailer or by sending an e-mail to the e-mail address provided by us. We respect every User’s privacy and in the event that a User chooses to not receive such Mailers, we will take all steps to remove the User from our mailing list.

3.2 Disclosure

We may disclose your Data and/or Personal Information to third parties, located in India and/or any other country under any of the following circumstances:

(i)  Share with other Users in relation to any Listing made by you

If you make your Data or Personal Information available to other Users in connection with any Listing(s) made by you, it may be used by other Users to contact you. We strongly recommend that you exercise discretion in sharing your Personal Information with your Listings, and report any abuse thereof by any User promptly to us through the contact details provided in this Privacy Policy.

(ii) Social Networking

If you have used any Social Media account to register with us, you are giving us the permission to use, share, and store such Data and/or Personal Information available with the concerned Social Media. To control the Data and/or Personal Information that you share, you should review and, if appropriate, modify your privacy settings on such Social Media accounts. You will have the option to determine whether and how you wish to publish your Data and/or Personal Information on your Social Media account through us. Any Data or Personal Information held and stored by such Social Media shall be governed by their respective privacy policies which you should read and be well versed with.

(iii) Business purposes with third party websites and applications

In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the Data and/or Personal Information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

(iv) Mandated under applicable laws

We may also disclose Data and/or Personal Information if required to do so by law or in the bona fide belief that such action is necessary to comply with state and central laws applicable to the territory of India, or in response to a court order, warrant, judicial or other administrative subpoena. In some cases, we may make such disclosures without first providing notice to our Users.

(v) Other Purposes

We also reserve the right to disclose any Data and/or Personal Information that we believe, in good faith, is appropriate or necessary to take precautions against liability; or to protect ourselves from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Services; to fight fraud and credit risk; or to protect our rights, property, or personal safety and that of our Users, or others.

4. External links

The website, Application, Services and in particular the Courses, may provide links to third party web sites, applications or resources not associated with us and over which we do not have control (“External Web Services”). Such links do not constitute an endorsement by us of the External Web Services, the content displayed therein, or the persons or entities associated therewith. Please be aware that we shall not be responsible for the content of such External Web Services. The data protection practices and policies of the External Web Services that are linked to the Services are not covered by this Privacy Policy. You are advised to check the data protection policies of these External Web Services yourself, before using them.

5. Protection of Children

If you are a User under the age of 18 (“Child User”), please ensure that you have adequate consent from your parent or guardian to access Services in accordance with the present Privacy Policy. If you are the parent or guardian of a Child User, please advise your child of the risks of posting Personal Information on our Services or other online services, and that any information posted may be used by third parties without restriction. Notwithstanding anything contained herein, we shall always presume that every User above the age of 18 and eligible to enter into a legally enforceable contract with us.

We also reserve the right to remove, at our sole discretion, any content or material posted by a User which may be of defamatory or sexual nature or offensive to other Users in any manner, and take appropriate legal action against such User in accordance with our Terms and Conditions.

6. Security and Account Protection

We use certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your Data and Personal Information. Once we receive your Data and/or Personal Information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that we do not ensure or warrant that such Data and/or Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security breach, then we will attempt to notify you by posting a notice on the website and Application so that you can take appropriate protective steps.

7. Retention of information

We retain Data and Personal Information that we process on behalf of our Users for as long as we deem appropriate. We will retain and use this Data and/or Personal Information to comply with our legal obligations, resolve disputes, and enforce our agreements with Users, and/or for such period as required by the laws applicable in India.

8. Cookies

A cookie is a chunk of data that is sent to the website and/or Application from a server and stored on the hard drive of your computer and/or mobile (“Cookies”). A session Cookie disappears automatically after you close your browser/application. A persistent Cookie remains after you close your browser/application and may be used by your browser/application on subsequent visits to the Services. We may use Cookies related information to: (a) remember your Data and/or Personal Information so that you will not have to re-enter it during your visit or the next time you access the Services; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.

We may allow third-party service providers, like advertisers, to place and read their own Cookies, web beacons, and similar technologies to collect Data and/or Personal Information through Services. This Data and/or Personal Information is collected directly and automatically by these third parties, and we do not participate in these data transmissions and these third-party cookies are not covered under this Privacy Policy.

9. Disclaimer

We make no warranties or representations of any kind concerning the accuracy, suitability, or safety of the information provided through the Services or any linked External Web Services for any purpose. All such information is provided “as is”, and with specific disclaimer of any warranties or merchantability, fitness for a particular purpose, or title.

10. Changes to the Privacy Policy

We reserve the right to change the Privacy Policy at our sole discretion. We will inform Users of any such change by us posting the updated Privacy Policy on our Website and Application. We encourage you to review this Privacy Policy regularly for any such changes. Your continued use of the Services will be subject to the then-current Privacy Policy.

11. Contact Us

For any queries or clarifications regarding this Privacy Policy, you may contact us at: