PRIVACY POLICY

 

This Privacy Policy (“Policy”) describes the manner in which Bundl Technologies Private Limited, the owner of the mobile application and the domain of the Seller (collectively, “Store”), the operator of the Store (collectively “we” / “us” / “our”) collect, use, disclose, or otherwise process personal information about you (collectively “Customer” / “You” / “Your”) when you use or visit the Store or avail our products and services. (referred to hereafter as “Products” and “Services”).

This Policy is published in compliance with, inter alia:

 

(a)           Section 43A of the Information Technology Act, 2000 (“IT Act”);

(b)           Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and

(c)           Regulation 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”).

Please read this Policy before using and accessing the Store or submitting any information that can be used to identify you or any other natural person (“Personal Data”) on it. This Policy is a part of and incorporated within, and is to be read along with, the  Terms of Use (“Terms”). For the purposes of this Policy, unless defined hereunder, all capitalized terms shall have the meaning ascribed to them in the Terms. By using the Stores or the Products and Services, you confirm that you have read, understood, and agree with the privacy practices described in this Policy, and the Terms and the collection, storage and processing of your information in accordance with them.

GENERAL

By accessing or using the Stores or our Products or Services, or by otherwise giving us your information, you confirm that you have the capacity to enter into a legally binding contract under the Indian Contract Act, 1872, and have read, understood, and agree with the privacy practices described in this Policy, and the collection, storage and processing of your information in accordance with them. Please go through this Policy in detail and contact us if you have any questions or require any clarifications.

If you are under 18 years of age, then please do not use or access the Stores or avail our Products or Services at any time or in any manner. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on or otherwise accessed the Stores or availed our Products or Services, then please contact us to alert us of the same.

YOUR CONSENT

By using the Stores and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information, including to third parties whether in India or abroad, as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Stores. If you are accessing or using Services or the Stores from an overseas location, you do so at your own risk, and shall be solely liable for compliance with any applicable local laws.

POLICY CHANGES

We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Store or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

LINKS TO OTHER WEBSITES

If the Store contains links to other websites, you understand that we do not have any control over such third party links and the data related practices of such third parties. You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information by the such third party websites, as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, services, or other materials on, or available via such third party links. This will include all transactions, and information transmitted therein, between you and any such third-party sites or applications or resources, such transactions being strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between you and the aforementioned third parties.

(a)    INFORMATION WE COLLECT FROM YOU

If you are a Customer visiting or transacting at our Store or availing our Products or Services, you understand that certain personal data in the nature of name, email address, phone number, residential address, etc. may be collected from you by us for the purposes mentioned in this Policy.

You understand and acknowledge that we work with third party payment service providers for all transactions that take place between you and the Store. You understand that any financial information including without limitation your bank account details or credit card information used at the time of transaction on the Store is directly collected by third party payment service providers. You understand, agree and acknowledge that the Store does not receive or have access to such financial information from these payment service providers. Any personal information, sensitive personal data or information (“SPDI”) or financial information collected by such third party payment service providers will be dealt by them in accordance with their respective privacy policies and terms and conditions and we shall not be liable, accountable or responsible for your personal information, sensitive personal information and financial information which you provide to these service providers.

(b)    Personal Data and Sensitive Personal Data or Information

The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, including SPDI, which are defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

All Personal Data and SPDI is provided by you to us voluntarily. By providing us your Personal Data, and SPDI, you provide your express consent to us to collect, store, process, transfer and disclose to third parties your Personal Data and SPDI in accordance with the terms of this Policy.

You may choose to not provide us with any or all information, but in the event that you do so, we may be unable to provide you with our Services.

(c)    Device Information

 

In order to improve your experience on our Store and lend stability to our Services to you, we may collect information or employ third party plugins that collect information about the devices you use to access our Store or our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, mobile network information, installed applications on device and phone state. The information collected thus will be disclosed to or collected directly by these plugins and may be used to improve the content and/or functionality of the services offered to you. Analytics companies may use mobile device IDs to track your usage of the Store.

 

(d)    Other information:

 

Further, we might receive information and Personal Data about you, from publicly available sources, information shared by social media platforms you are associated with, and. from other sources including from our partners, advertisers, or information about you from our group companies.

COOKIES

The Stores and other third parties, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

     Authenticating users;

     Remembering user preferences and settings;

     Delivering and measuring the effectiveness of advertising campaigns;

     Analysing Store traffic and trends, and generally understanding the online behaviours and interests of people who interact with our Services.

A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.

To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section.

We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the Store and use our Services, as well as when you visit other online sites and services.

USES OF YOUR INFORMATION

We use the information we collect for following purposes, including:

(i)               To provide, maintain and improve our Products and Services;

(ii)             To deliver and facilitate delivery of our Products and Services;

(iii)           To carry out our contractual obligations towards you and to provide you with the relevant information and Services;

(iv)           For internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

(v)             To provide you information about our various Products and Services and contact you by electronic means (e-mail or SMS or telephone or other internet based instant messaging systems) with information about these Products and Services;

(vi)           To understand Customer preferences (what they do on our Store, how do they use our Products and Services, what features do they like, how do they use them, etc.), process and complete transactions and make special offers on the Store;

(vii)         To provide you with support and respond to your queries;

(viii)       To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns;

(ix)           To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

(x)             To request feedback;

(xi)           To provide data analysis, delivery, provision of logistics and advertisements;

(xii)         To understand Customer preferences and choices and improve the Store and our services;

(xiii)       To help third-party service providers process your orders so as to effectively deliver you the Products and Services;

(xiv)       To improve the security, functionality and features of our Stores;

(xv)         To operate and improve the application in order to foster a positive experience for Customers;

(xvi)       For research, growth and development of our and our group entities’ business;

(xvii)     To respond to your requests and communicate with you when a Store is no longer existent;

(xviii)   To comply with applicable law;

(xix)       To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms, or as otherwise required by law; or

(xx)         For any other purposes that are permissible under applicable law.

(collectively “Purposes”)

We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the Purposes set out above. Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.

We analyse the log files that we collect of you, that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behavior on the site, to improve our Services, and to gather demographic information about our user base as a whole.

DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION

We may share information that we collect from you with third parties. We only share Personal Data as described below after ensuring that such third party has implemented data protection measures at least as protective as those described in this Policy or as required under applicable law. By using the Store or availing our Products and Services, you accept the terms hereof and hereby consent to the storage and processing of the Personal Data and SPDI by third parties.

(i)            With third party service providers. For example, your information may be shared with partners to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyze and improve the use of our Services, to process and collect payments. We also may use partners for other projects, such as conducting surveys for us.

(ii)         For Crime Prevention or Investigation: We may share this information with governmental agencies or other companies assisting us, when we are:

 

(a)           Obligated or permitted under the applicable laws to respond to court orders and processes or otherwise in good faith in furtherance of the above;

(b)           Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts;

(c)           Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party;

(d)           Under a duty, or otherwise required, to disclose or share your personal data in order to enforce our Terms and other agreements, policies or to protect the rights, property, or our safety, our customers, or others, or in the event of a claim or dispute relating to your use of our Services. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction.

 

(iii)       Sharing upon merger or amalgamation or intra-group transfer: Any third party to which we transfer or propose to transfer or sell any assets, merge or consolidate with, will have the right to access the information (including SPDI) provided to us by you, in accordance with the Terms and this Policy.

 

(iv)        To Transfer to affiliates and third parties outside India: Subject to applicable law, we may at our sole discretion, transfer Personal Data and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures a comparable level of protection to the data. By using the Stores or our Services, you accept the terms hereof and hereby consent to us sharing with and/or processing of your Personal Data and SPDI by with any present or future member of our group or affiliates for our internal business purposes, including in any location outside India, provided that they ensure that your SPDI is protected in compliance with standards that are comparable to the standards of protection afforded to it in India.

 

(v)          With Advertisers and advertising networks: We may work with third parties such as network advertisers to serve advertisements on the Minis website and mobile application and on third-party websites or other media (e.g., social networking platforms). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you.

 

(vi)        To fulfill the purpose for which you provide it.

 

(vii)     We may share your information other than as described in this Policy if we notify you and you consent to such sharing.

 

DATA SECURITY PRECAUTIONS 

We have in place appropriate technical and security measures to secure the information collected by us.

We use third-party service providers with respect to transactions taking place on the Store and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms.              

Please be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Store. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access.    


 

Under certain circumstances, we shall not be able to take your prior consent before disclosing your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.

 

Further, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the Merchant, Customer or Partner, etc.

OPT-OUT

We maintain records of Personal Data and SPDI collected on the Store, only till such time it is required for the Purposes or when you request us to delete the Personal Data or for as long as required by law.

When you sign up for an account on the website and application of Bundl Technologies Private Limited available at www. swiggy.com, you are opting in to receive emails from us. You can log in to manage your email preferences, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from us.

If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy or you want your data to be deleted, please write to us at the registered email id displayed on our Store. Please note that we may take time to process such requests, and your request shall take effect no later than 15 (Fifteen) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able to offer you any or all Services upon such withdrawal of your consent.

If you are withdrawing your consent and have used or agreed to use any third party merchant or service provider, you will need to notify and approach such third party merchant or service provider directly for your request. While our Privacy Policy requires third party merchants or service providers to comply with any data erasure or deletion requests, you understand that we do not control the data privacy practices of third party merchants or service providers and are therefore not liable for any of their practices in relation to your personal data.

CORRECTIONS AND AMENDMENTS TO YOUR INFORMATION

You may review, correct, update, change the information that you have provided by logging into your account on the website or application of Bundl Technologies Private Limited available at www.swiggy.com. Should you choose to update your personal information or SPDI or modify it in a way that is not verifiable by us, or leads to such information being incorrect, we will be unable to provide you with access to our Store or the Services.

You should be aware that some of the Personal Data that may have been shared on third-party websites may still continue to be available as we do not have control over these websites. Your Personal Data may also appear in online searches. Other Personal Data that you have shared with others, or that other users have copied, may also remain visible. You should only share Personal Data with people that you trust because they will be able to save it or re-share it with others, including when they sync the Personal Data to a device.

GRIEVANCE OFFICER

If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please write to our Grievance Officer at the registered email id displayed on our Store

If you come across any abuse or violation of the Policy, please report to us at the registered email id displayed on our Store. We shall endeavour to resolve your grievances within 15 (fifteen) days from the date of receipt of such grievance.

MISCELLANEOUS

Disclaimer: We cannot ensure that all of your Personal Data and SPDI will never be disclosed in ways not otherwise described in this Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your information or private communications will always remain private. While using the Store or availing any of our Services, you understand and agree that you assume all responsibility and risk for your use of the Store and Internet generally, and the information you post or access and for your conduct on and off the Store. 

Indemnity: You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our Stores or otherwise and your use and access of websites, applications and resources of third parties.   

Severability: Each clause of this Policy shall be and remain separate from and independent of and severable from all and any other clauses herein, except where otherwise expressly indicated or indicated by the context of the Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Policy.           

Limitation of Liability: We shall not be liable for any consequential, incidental, special, indirect, exemplary or punitive damages, or damages for any loss of profits, revenue or business, regardless of the nature of the claim, even if we have been notified of the possibility of such damages.

Governing Law and Jurisdiction: This Policy shall be governed by the laws of India as applicable between residents of India without regard to any principles of conflict of laws. Subject to the Terms, any and all disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.