ZapPPT Presentations, the proprietor of Indian Art Exchange is a sole proprietorship having its registered office at H-208, Deck Level, 2nd Floor, CBD Belapur, Navi Mumbai 400 614, Maharashtra State, India (hereinafter referred to as the ““We”/ “Us / Our”, which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors-in-title and assigns) and have formulated this Privacy Policy in relation to the use of our on-line services / platform/s (“Services”).

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For the purpose of this Privacy Policy, wherever the context so requires "You", “Your” or “User” shall mean any natural or legal person who uses the Services for availing the Services.

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This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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This Privacy Policy (“Privacy Policy”) is published in accordance with: (i) Section 43A of the Information Technology Act, 2000; (ii) Regulation 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules, 2011 (“SPI Rules”); and (iii) Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the privacy policy that is applicable in relation to the access or usage of our Services.

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This Privacy Policy covers: (i) the type of information collected from the users through the Services including sensitive personal data or information; (ii) the purpose, means and modes /of usage of such information; and (iii) how and to whom such information which has been collected will be disclosed.

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We reserve the right to make changes to this Privacy Policy at any time. Any updates to this Privacy Policy will be posted online on the platform/s from time to time so that you may review the same prior to use of our Services. Any such modifications will become effective immediately upon posting to the relevant platform/s and your continued use of our Services constitutes your consent to such modifications. If you object to any changes, you may choose to close your account. You agree to periodically review the current version of the Privacy Policy as posted on the relevant platform/s.

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Your use of our Services is governed by the following Privacy Policy and in order to use Our Services, you will be required to consent to the terms of this Privacy Policy as revised from time to time. By using or by continuing to use Our Services, you acknowledge that you have read and understood the Privacy Policy and accept the same.

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All the Capitalized terms used herein but not defined herein will have the same meaning as contained in our Terms of Use.

Information Collected

For the purpose of this Privacy Policy, “personal information” as defined under Section 2(i) of the SPI Rules means, 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.

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“Sensitive personal information” as defined under Section 3 of the SPI Rules means such personal information which consists of information relating to:
1. Password.
2 Financial information such as Bank account or credit card or debit card or other payment instrument details.
3. Physical, physiological and mental health condition.
4. Sexual orientation.
5. Medical records and history.
6. Biometric information.
7. Any detail relating to the above clauses as provided to body corporate for providing service; and
8. Any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

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We require Customers who avail our service to provide us with the following information:
1. Name of the Customer
2. E-mail Address
3. Phone Number
4. Address
5. Credit card or debit card information which is required for payment purposes.
6. Demographic information such as postcode, preferences and interest.
7. All other information as required by Us to register/ provide the Service to the Customer.

 

We require the Artists who avail our Services to provide us with the following information:
1. Name of the Artist
2. E-mail Address
3. Phone Number
4. Postal Address
5. Tax-Payer Identification Number
6. All other information as required by Us to on-board the Artist.

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How the collected information will be used

Sensitive Personal Information and other information collected in terms of Clause 2 shall be used in the manner described below:
• Registered user name: The registered user name shall be used to customize the Services availed by the user and to personalize all communications that are sent to the user by us.
• E-mail Address: Your E-mail address will be used to communicate: Confirmation of your order booking; Details regarding payment for the orders placed; Feedback from customers regarding the products and services provided by us; Communication of delivery of orders placed by you.
• Phone Number: Phone number will be an alternative method to contact the user for any matter related to the Services to be availed by you.
• Address: The address can either be your residential address or official address or the address of the receiving party to whom the consignment is transported. The same shall be provided to the driver of the vendor carrying the consignment in order to deliver the consignment at the location specified by the user of our Services.
• Credit Card/Debit Card information: Credit Card/Debit Card information is used for charging the user for making purchases by use of our Services.
• The Tax-Payer Identification Number collected from the Vendors shall be used to verify the Vendor and to generate an invoice.
• In order to improve the quality of our Services we may ask you to provide us with information regarding your experiences with our products and/or services. Users have the option of choosing not to provide us with this information.
• We will use your registered account transaction information which includes all information pertaining to your registered account activity, Products ordered, payments made, orders cancelled, modified and the like and communications pertaining to the same in order to assess the credibility of the user.
• We may use your information to send you promotional information pertaining to the Products and/or Services provided by us.
• We reserve the right to ask you, at the time of registration for our Services or thereafter, for documentary proof of your identity or other data or postings provided by you with respect to the registration or otherwise. In the event that you fail to provide us with this information or documentary proof, we reserve the right to refuse registration or to terminate your user agreement immediately and cease to provide any Services to you.

Disclosure of Personal Information
• We may disclose User’s Personal Information to any third parties, Our officers, employees, agents, consultants and affiliates in order to make user experience and transaction smooth.
• We use our best efforts to use Users’ information in aggregate form (so that no individual user is identified) for the following purposes: To build up marketing profiles; To aid strategic development, data collection and business analytics; To manage relationship with advertisers and partners;   To audit usage of Services; and/or To enhance User’s experience in relation to provision of Services (“collectively, “Permitted Use”).
• We reserve the right to disclose Personal Information if required to do so by law or if We believe that it is necessary to do so to protect and defend the rights, property and/or personal safety of anyone connected with our organization, the Services or other Users.

Cookies
• We use temporary cookies, which are files that your web browser puts on your system when you visit our platform, to store certain information that is not sensitive personal information. The information collected through these cookies is used by us for the technical administration of our Services, research and development, and to improve the quality of our services.
• We may use third party cookies to track visitor behavior and to improve the quality of our Services. However, such cookies will not store any kind of personal information, nor will such information be disclosed to any third party.
• These cookies are intended to be automatically cleared or deleted when the User quits the browser application. You are encouraged to use the “clear cookies” functionality of your browser to ensure such clearing / deletion, since it is impossible for us to guarantee, predict or provide for the behavior of your system.
• The information we collect with cookies is not sold, rented, or shared with any third parties.

Third Party Links
• We may provide links to platform/s through which we provide Services for the convenience and information of users. These platform/s may not be owned, controlled, or operated by us. In those cases, we cannot control how information collected by those platform/s will be used, shared, or secured. If the user visits linked sites, we strongly recommend that the user reviews the privacy notices or policies posted at those sites. We are not responsible for the content of linked sites, the user’s use of them, or the information practices of their operators.

Security
• The security of Users’ Personal Information is important to Us. We follow generally accepted industry standards to protect the Personal Information submitted to Us, both during transmission and once we receive it.
• Although we make best possible efforts to store Personal Information in a secure operating environment that is not open to the public, Users should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of Personal Information. If we become aware that certain Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify the concerned User of the nature and extent of such disclosure (to the extent we are aware of that information) as soon as reasonably possible and as permitted by law.

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Retention of Information
• We retain any personal information that you may have provided to us, for as long as you engage our Services, and for a reasonable time thereafter. Upon request, we will provide you with a copy of your personal information which we keep with us, after providing us with proof of your identity.

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Choice / Opt-Out
• If the User wishes to opt- out of receiving non-essential (promotional, marketing-related) communications from us, after setting up an account, they may choose to do so. Further, if a User wishes to remove their contact information from all lists and newsletters, they can do so by unsubscribing from the Services or writing an email to canvas@indianartexchange.com

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Advertisements on platform/s
• We may use third-party advertising companies to serve ads when you visit our platform/s. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other platform/s in order to provide advertisements about goods and services of interest to you.

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Children Information
• Use of our 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.

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Updates and Changes to Privacy Policy
• We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Notice of amendments to this Privacy Policy, as appropriate will be updated as being the “Last Modified” date at the top or bottom of this Privacy Policy. We may notify users of the changes through the platform or through other means, such as email. Your use of our Services confirms your acceptance of our Privacy Policy, as amended. Please review our Privacy Policy from time to time for latest information on our Privacy Policy.

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Assignment, Change of Control, And Transfer
• All of our rights and obligations under our Privacy Policy and Terms of Use are freely assignable by Us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

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Restriction Of Liability
• No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the Services provided by Us, including provision of Services.
• Any reference on the platform to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favouring by Us.
• Services provided by Us only include provision of an online platform  for facilitating buying and selling of artworks and promotion of art, unless otherwise has expressly been provided in the Terms of Use. The products made available through the Services for sale are sold on ‘as-is’ basis and we have no responsibility with respect to adequacy, relevancy or authenticity of such products listed by other Users.

Governing Law and Jurisdiction
• The Privacy Policy shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. Courts in Mumbai, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, this Privacy Policy.

Disclaimer Policy
• All the information on our platform is published in good faith and for general information purpose only. Our platform does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on our platform, is strictly at your own risk. Our platform will not be liable for any losses and/or damages in connection with the use of our platform.
• From our platform, you can visit other websites and/or platforms by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites and/or platforms, we have no control over the content and nature of these sites. These links to other websites and/or platforms do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.
• Please be also aware that when you leave our platform, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the privacy policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

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Consent
• By using our platform, you hereby consent to our disclaimer and agree to its terms.

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Update
• Should we update, amend or make any changes to this document, those changes will be prominently posted here.

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Last updated: 20 August, 2022