PRIVACY POLICY

Jekmi Business Pvt. Ltd. (the “Company”) owns and operates the interactive website www.Brandbanao.in , its mobile-friendly website interface and BrandBanao its mobile application, available in both Android and iOS (collectively and individually referred to as the “Platform”). The Company runs the Platform which is an e-commerce platform for Users, who have been granted access to this Platform to create, edit, design, and download the templates listed on the Platform as per User’s requirement (“Digital Product”). We want you to know that your privacy is important to us and to protect the Personal Information (defined below) of any person who registers on or accesses the Platform for informational purposes, we hereby provide this notice explaining our privacy practices for the collection, storage, usage, and protection of your Data (defined below).

Kindly note, under this Privacy Policy (the “Policy”), the use of terms like “we”, “us” and “ours” refers to the Company and the terms “you”, “your”, “yours” and “user” refers to any natural or legal person who browses through the Platform or download the digital product.

The procedure for handling and securing the Personal Information shall be governed by this Policy, which is published and shall be construed in accordance with the provisions of the Information Technology Act 2000, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and the applicable legislation relating to the privacy or data protection in other jurisdictions (the “Regulations”).

By accessing the Platform, you hereby acknowledge that you have read and understood the terms of this Policy and agree to be bound by them. However, if you disagree, kindly exit the Platform immediately as your continued access shall be construed as an acceptance of this Policy.

1. DEFINITIONS

1. Under this Policy, the below-mentioned terms shall have the same meaning as assigned to them:
2. Applicable Law(S) shall mean and refer to all the applicable provisions of the prevailing laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, licenses, tariffs, and approvals relating to this Policy.
3. Cookie(S) is a small piece of data/software code tracked automatically and stored by your web browser or on the hard drive of your device. Cookies allow the Platform to remember your actions/information and preferences over time and generally help in improving your Platform experience.
4. Data shall refer to the Non-Personal and Personal Information, individually and in combination.
5. Digital Product shall mean the templates available on the Platform, which the Users can create, edit, design, and download the templates as per their requirements.
6. Non – Personal data is anonymized data incapable of identifying an individual. It refers to any other information, not covered under Personal Information, which may be collected by us when you access or use the Platform and includes information about your device, Internet Protocol (IP) address, operating system, browser type and version, geographical location, URLs of referring/exit pages, pages visited, device ID, amongst others.
7. Personal data 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. Personal Information refers to the name, contact details, identification number, location data, or factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that User. Any reference to Personal Information shall include Sensitive Personal Data.
8.  
9. Sensitive Personal Data shall have the same meaning as provided under Section 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
10. Services shall mean an ecommerce portal where Users can create, edit, design, and download the templates i.e., digital product listed on the Platform as per their requirements from time to time as stipulated herein.
11. User means and refers to every individual or legal entity that registers itself on the Platform for downloading the digital product.

 

2. INTERPRETATION

1. Unless otherwise defined, the context used in this Policy denotes:
2. Whenever the context so requires, “you”, “your” and “user” shall mean any natural or legal person who browses through the Platform and the terms “we”, “us” and “our” shall refer to the Company.
3. Heading or bold typeface is used only for convenience and shall be ignored for interpretation.
4. Words using the singular or plural number also include the plural and singular, respectively.
5. Wherever in the Policy, words are used in the masculine gender, they shall be read and construed in the feminine gender also, whenever it should apply.
6. The terms hereof, hereby, hereto, and derivative or similar words refer to this entire Policy or specified clauses of the Policy, as the case may be.
7. Reference to the word “include” shall be construed as without limitation.
8. Reference to any legislation or Applicable Law or any provision thereof shall refer to any such applicable legislation, law, or provision as amended, suspended, or re-enacted from time to time.

 

3. APPLICABILITY

1. This Policy applies to any person who visits the Platform to gain information about the Company or the digital product provided by the Company; intends to download the digital product or has certain queries regarding the digital product and usage of the Platform. You hereby agree not to provide the Personal Data of any other person to us.
2. This Policy governs the access, collection, usage, handling, storage, and disclosure of such Personal Data in accordance with the terms as given below:

 

4. COLLECTION OF DATA

1. Personal Data

While downloading the digital product, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally, identifiable information may include but is not limited to:

• First Name and last name
• Email address  
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

2. Usage Data 

When you access the digital product with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data ("Usage Data").

3. Location Data 

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you download our digital product at any time by way of your device settings.

4. Tracking & Cookies Data 

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from the Platform and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our product.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies: We use Session Cookies to operate our Service.
• Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
• Security Cookies: We use Security Cookies for security purposes.

 

5. USE OF DATA

1. We use information that we collect about you or that you provide to us, including any personal information:

• To present our Platform and its contents to you.
• To create your profile on our Platform and provide you with information, digital products, or services that you request from us.
• To administer contests, promotions, surveys, or other site features.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Platform or any digital products or services we offer or provide through it.
• To notify you in the event we become aware of any breach of the security of your information and take appropriate actions to the best of our ability to remedy such a breach.
• To enable us to comply with the legal and regulatory obligations and to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to confirm your identity in order to ensure that you are eligible to use this Platform
• To ask for ratings and reviews of services or digital products.
• To follow up with them after correspondence (live chat, email, or phone inquiries).
• To send periodic emails
• To conduct research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;
• To monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
• To allow you to participate in interactive features on our Platform.
• In any other way, we may describe when you provide the information.
• For any other purpose with your consent.

 

6. DISCLOSURE AND SHARING OF DATA

1. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
2. We may disclose personal information that we collect, or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Platform users is among the assets transferred.

 

• To fulfill the purpose for which it has been provided to us.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

3. We will disclose your Data in good faith if such action is necessary: to comply with the legal obligation; to protect and defend the rights and property and restrict the legal liability of the Company; to prevent or investigate possible wrongdoing in connection with the Platform, or to protect the personal safety of other Users of the Platform.
4. We may disclose your information where such disclosure is necessary or required (i) by law or regulation, for complying with legal process or government requests (including in response to public authorities to meet national security or law enforcement requirements), or (ii) to exercise, establish or defend our legal rights.
5. For any other purpose, we may disclose your Personal Information with your consent.

 

7. DATA RETENTION

1. We may retain your data for 3 years or for such period as may be required under the Applicable law and use your Personal Information as and when necessary to comply with our legal obligations or to resolve disputes. Consistent with these requirements, we will try to delete your Personal Information within the time limits imposed under the Applicable Law(s) or upon request, if possible. When we have no justifiable business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until the deletion is possible.

 

8. DATA SECURITY

1. We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. All the details are encrypted and stored in our cloud database. All files are password protected with us. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Platform cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

 

9. THIRD-PARTY LINKS AND CONTENTS THEREOF

1. The Platform may contain links to third-party websites and the same shall not constitute, in any manner whatsoever the Company’s endorsement, sponsorship, or a recommendation of such third-party websites or their products, services, content, and offerings. The Company is not responsible for examining or evaluating any third-party links and does not make any representation or warranty for their products, services, content, and offerings or their terms of use and privacy practices. In the event a User accesses such websites, he shall be under the obligation to apprise him of their terms and conditions and privacy practices before providing any personal or sensitive information. Any transaction with such websites shall be at the User’s own risk and expense.

 

10. SERVICE PROVIDERS

1. We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

2. Analytics: We may use third-party Service Providers to monitor and analyse the use of our Service. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

 

11. DISCLAIMER

1. We collect the Data only when an individual or the authorized representative of a business entity, as the case may be, shares such Data on our Platform. We may further verify and collate the data by using the information about such individual or business entity available in the public domain, as permitted by law, to prevent cases of identity theft, fraud, cybercrimes, etc.

 

12. LIABILITY AND WARRANTY

1. Although we have implemented and employed the necessary internet security methods and technology to secure the Data transmitted to us; however, the security of the Data transmitted over the internet cannot be guaranteed; thereby we cannot ensure or warrant the security of any information that you transmit to us. You acknowledge and agree that you share the Personal Information with us entirely at your own risk. In light of the above, we declare that:

• We shall not be held liable for any loss or injury caused to you, as a result of voluntary disclosure of the Data by you to a third party.
• We are not liable for any off-label recommendation posted by any third party (including fellow farmers, people from any other company, and a non-authorized person from us).
• We are liable only for any recommendations made by our authorized person through this Platform.
• Notwithstanding anything contained in this Policy, we disclaim all the warranty for any loss, damage, or misuse of the Data.
• The use of any digital product by you other than recommended by us through this Platform/call center of the Company will be at your own cost and responsibility.
• You shall not post any illicit or immoral material on the farmer discussion forum of this Platform.
• You expressly agree that in the event you post information, you will be deemed to have given authority to the other users to act accordingly and we are not liable for the same.
• In the event, you post any photo, content, or any other Personal Information or Non-Personal Information through this Platform, the same will be treated as granting of a non-exclusive, transferable, sub-licensable, royalty-free worldwide access to use such information by you to us.
• We take no responsibility or liability for the privacy practices and security of Data collected by the third-party website linked to our Platform as they are not within the ambit of our control.
• By accepting these terms of use, you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third-party website, or your use of any products purchased from us.

 

13. ELIGIBILITY

1. The usage of our Platform is fit for individuals from all age groups. However, for downloading the digital product, you should be at least 18 years of age.
2. If you download any digital product from this Platform on behalf of an individual or an entity, you represent that you are authorized by such individual or entity to (i) accept this privacy policy on their behalf, and (ii) consent on their behalf to our collection, use and disclosure of the Data as described in this Policy.

 

14. SEVERABILITY AND EXCLUSION

We have taken every effort to ensure that this Policy adheres to the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. This Policy does not apply to any information other than the information collected by the Company through this Platform. This Policy shall be inapplicable to any unsolicited information you provide us through this Platform or through any other means. This includes, but is not limited to, information posted in any public areas of this Platform. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.

 

15. NO WAIVER

The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by the law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

 

16. CONDITIONS OF USE AND AMENDMENTS

1. This Policy should be read at all times along with the Terms of Use published by the Company on the Platform.
2. The Policy may be amended in response to changing legal, technical, and business developments or at the sole discretion of the Company. Unless otherwise specified, such revisions shall take effect from the day they are posted on the Platform. You are advised to consult this Policy regularly for any changes, and your continued access and Platform usage shall be deemed as an acceptance of the changes in the Policy.

 

17. JURISDICTION OF LAW:

In case of any dispute regarding the privacy policy of Jekmi Business Pvt. Ltd., an arbitrator shall be appointed by the Company to ascertain the rights and liabilities of the parties. You further accept that all disputes are subject to laws applicable in the Ahmedabad

 and subject to jurisdictions of courts situated in the Ahmedabad

 only.

 

18. GRIEVANCE REDRESSAL

In the event of any queries or grievances regarding our digital product or if you wish to report a security breach or otherwise require any assistance, you may contact our Grievance Redressal Officer Mr./Ms. Vipulkumar Bhalala at E-mail Address: Help@Brandbanao.in.