Privacy policy
Last amended on: 21 st December 2023
1. INTRODUCTION TO OMICHEF COOKWARE LLP
We, at Omichef cookware LLP, a Limited Liability Company duly incorporated under the applicable laws of India, and having its office at Branch Office- 574-C, Moti Ram Road, Ram nagar, Shahdara, New Delhi-110032 and LLPIN- ACA 6165 (collectively “Omichef”, “Company", “we”, “us”, “ours”), are running and operating an e-commerce marketplace for supply and trade of Cookwares,water bottles, Kitchenwares, Pressure cookers, Gas stoves etc. The intent of having and building this platform is to bring the buyers closer and establish an ecosystem to bridge the gap between the industry players and make quality supplies available at your doorstep with just few clicks. We value your association with us and are committed to protecting your data from any unauthorized use or misuse. Towards the same, we have introduced this Privacy Policy (“Policy”) to protect your data that has been shared over our platform www.omichef.com.
2. INTRODUCTION TO PRIVACY POLICY
This Policy is made to protect the data that you share with Company and lays down our parameters and approach in respect of the collection, usage, storage, disclosure, and protection of your personally identifiable or other data as collected on our Platform for all the purposes as illustrated under this Policy and as per the applicable laws for the time being in force. This Policy governs all the data which is inclusive of but not limited to personally identifiable data, sensitive personal data, and details in respect of your banking like card information, UPI IDs, net banking information, etc., or such other details (“Data”) that you as a User of the Platform provide to us, whether directly or indirectly, whether as a User or Customer. We strive hard to protect and preserve the Data shared or provided by you and take the utmost important steps to protect the same from any unauthorized use.
3. DEFINITIONS
For the purpose of this Policy, the terms mentioned below shall have the meaning as specifically assigned to them:
3.1. “Account” shall mean and include the account created by the Vendor, Customer, and User, on our Platform to avail the Services offered by us.
3.2. “Applicable Law(s)” shall mean and refer to the provisions of the prevailing statutes, common law, rules, regulations, guidelines, orders, ordinances, codes, licenses, permits, tariffs, and approvals in relation to this Policy.
3.3. “Business Information” shall mean and include the information related to trade and businessspecific information of an Entity that you may provide as the Authorized Representative of the respective Entity, to avail of the Services offered by us through the Platform. In relation to this Policy, the term Business Information is inclusive of but not limited to the name, nature of Entity, registered address, corporate address, correspondence information, details of authorized signatory or representatives, uniquely identifiable license number, GST number, and all such other information that may be procured from any Entity for the purpose of providing the Services, as the case may be, from the Users.
3.4. “Cookie(s)” is a small piece of data/ software code that automatically tracks and stores the Data and the pattern on your hard drive or on the web browser of your device. Cookies assist you in remembering your actions/information and preferences on the Platform over time, which assists us in providing better Services on our Platform and improving your use and browsing experience.
3.5. “Customer(s)” shall mean any individual or Entity that has created their Account on the Platform to avail of the Services of Company.
3.6. “Data” shall refer to Business Information, Non-Personal Data, Personally Identifiable Data, and such other details, whether individually or in combination that you may provide on our Platform at the time of using, browsing, or accessing the Platform.
3.7. “Entity” shall mean a legal person which includes a company, partnership, sole-proprietorship, limited liability partnership, Hindu undivided family, an association of persons, the body of individuals, or such other form of organization as may be notified by any statutory body.
3.8. “Non–Personal Data” means such data that is of impersonal nature and is incapable of identifying an individual or any other information related to that individual. It refers to the information that is specifically not covered under Personally Identifiable Information, which may be collected by us when you access, use, or browse through the Platform and includes information in relation to the device, Internet Protocol (IP) address, browser type, version of browser, URLs of referring/exit pages, operating system, pages visited, geographical location, device ID, amongst others.
3.9. “Personal Information” shall mean the personal details of the User or Customers like name, surname, maiden name, address, mobile number, correspondence emails, and such other details which are of personal attribute, shared by the Customer or User over the Platform.
3.10. “Personally Identifiable Information” means any information about an individual or a natural legal person that can be used to identify and ascertain that person, or entity, either directly or indirectly, when clubbed or joined with the other information about such entity or individual that is available or likely to be available. A few examples of Personally Identifiable Information are name, address, contact information, identification/ license number, or location details.
3.11. “Sensitive Personal Information” shall mean and include the details and information like passwords, license numbers, financial information like bank details, card details, pins, medical records, sexual orientations, and any other details of such nature.
3.12. “Services” shall mean the aggregator Platform through which the Vendor can list their industrial supplies or products on the Platform for ready reference and purchase by the Customers.
3.13. “User” means and refers to every individual or Entity who registers itself and creates an Account on the Platform to avail of the Services provided by the Firm. The term User is inclusive of the natural or legal person including Vendors and Customers who browse through the Platform for informational purposes regarding the Platform.
3.14. “Vendor” shall mean and include any person, or entity, who registers on the Platform of the Firm for the purpose of creating an Online Store and selling the same to the end-users being Customers.
4. INTERPRETATION
4.1. For the purpose of interpretation in this Policy,
4.1.1. the terms “Customer”, “Vendor”, “User”, "you", "your", and "yours" shall refer to any natural person or legal person who is either browsing our Platform or availing our Services, unless the context denotes otherwise;
4.1.2. the words denoting the singular shall include the plural and vice versa for the purposes of interpretation in this Policy unless the context denotes otherwise;
4.1.3. the words denoting any gender include all genders for the purposes of interpretation in this Policy unless the context denotes otherwise; and
4.1.4. the headings in this Policy are inserted for convenience only.
5. COMPLIANCE WITH APPLICABLE LAWS
This Policy is framed and enforced in accordance with the Information Technology Act, 2000, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the prevailing and Applicable Laws of the country of India. This Policy is in compliance with the Applicable Laws and the amendments, modifications, and alterations made in such Laws from time to time. This Policy is published in compliance with the requirements of Rule 3 of Information Technology (Intermediaries Guidelines) Rules, 2011, and rules made thereunder along with the applicable laws of India. This Policy publishes the mode of handling the Data and it’s disclosure in compliance with Rule 4 of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. This Policy will be amended on a time-to-time basis, and you are suggested and advised to read the Policy each time, before using or interacting with the Platform.
6. APPLICABILITY
This Policy along with all the amendments made to it from time to time is applicable to all individuals and natural legal person who visits or browses our Platform either for availing of the Services offered through it or for the purpose of gaining information about our Services. It is pertinent to mention here that this Policy applies to you by virtue of your registration on this Platform as a User or because of your continuous browsing or visiting the Platform, even without the creation and/or registration of any Account on the Platform.
WHY DO WE COLLECT DATA?
For the purpose of providing, you with the best Services and a seamless experience while browsing through the Platform, we may collect your certain information. We aim and strive hard to improvise the Services and User experience offered through the Platform each day and we collect your information for the following purposes:-
7.1. to register you on our Platform as a User;
7.2. to maintain your Account as valid and subsisting on our Platform;
7.3. to provide and offer you the Services offered through our Platform;
7.4. to maintain internal records;
7.5. to analyze and enhance the Services offered through the Platform;
7.6. to fix glitches, technical errors, or operational errors;
7.7. to cater to the request made by you in respect of modifications or amendments in the Platform;
7.8. to corroborate the allegations, queries, and claims and to resolve any disputes that may arise concerning the usage of the Platform by any User;
7.9. to keep you posted and informed about upcoming offers, newsletters, brochures, sales, schemes, or any other marketing or advertising material developed by us;
7.10. to enforce any and all rights and obligations arising out of any agreement or arrangement that you may enter or you have entered through our Platform;
7.11. to comply with all the legal and statutory requirements as per the applicable laws for the time being in force;
7.12. to notify and keep you updated with the amendments and modifications that we may bring in any of the applicable policies like terms and conditions, privacy policy, or any other policy for the time being in force;
7.13. to notify and keep you informed about any event which is relation to the malware attack, downtime, virus attack, hacking of either the Account of the User or Firm; and
7.14. to undertake such other purposes and activities as may be required in accordance with the provisions of the Applicable Laws. Notwithstanding anything contained in this Policy, we will neither disseminate, sell, trade, or license your Data or any information with any third-Party at any point in time. However, we will share the Data shared by you, ifso required by any governmental body or authority by way of any order, notice, or ordinance, and shall send a notification to that effect to you.
8. WHAT DO WE COLLECT?
8.1. The Data and information that we will collect for the purposes mentioned in Clause 7 of this Policy include Non-Personal Data, Personally Identifiable Data, and any other details related, associated, or shared by you on our Platform like your movement, search history on the Platform, access time, access duration, server details, etc.
8.2. We will collect the above-mentioned information and Data from your registration and creation of an Account on our Platform, your usage or browsing of the Platform, the surveys, questionnaires, sampling forms filled by you on our Platform, the mail correspondence or other mode of electronic communication that you may do with us in respect of your usage of our Platform.
9. HOW DO WE COLLECT THE DATA?
9.1. We collect your Data keeping in mind the purpose and usage of the Data. We, do not collect and store any Data without obtaining prior permission and only access, store and collect the Data, that has been provided by you by way of your direct or indirect inputs over the Platform. Notwithstanding anything contained in this Policy, we, at all times only collect your Data for specific purposes only, and the same will at all times be collected in the specified manner only.
9.2. We strongly adhere to and abide by taking and obtaining your due consent before accessing and using your Data and by way of your continued usage of the Platform, and creation of Account/ registration on the Platform, you provide your consent to the Firm to access, store and use the Data for permissible purposes only.
9.3. For the purpose of collection or storage of your Data, we may engage or hire any third-party associates or affiliates to collect,store and protect the Data furnished by you on our Platform with utmost diligence and care.
9.4. In addition to this, we also install Cookies which are installed on your hard drives and are used for tracking and analyzing your movement on our Platform. The types of Cookies that we use are of different types and can be persistent cookies, session cookies, functional cookies, targeting cookies, etc.
9.5. We may also engage other analytical third-party software to access, track and keep a check on your movements over the Platform. The term movement typically means the time you spent over the Platform, your search history on the Platform, your most visited products over the platform, etc.
10. DATA SECURITY AND HOW WE RETAIN THE DATA?
10.1. Security of Data:
10.1.1. We are very particular about the security of the Data that you provide to us with utmost good faith and trust and to honor that faith and trust, we use and take all the reasonable and valid measures to secure and protect the Data available at our server from any unauthorized use, dissemination, or malicious attacks and hacking. However, we expressly do not guarantee or represent any absolute protection and security of the Data from any unauthorized use or misuse.
10.1.2. You completely understand and acknowledge that Data storage and transmission is subject to cyber-attacks like viruses, hacking, malware attack, trojan attacks, etc. and the protection of the same in entirety cannot be guaranteed in entirety. Despite using our best efforts and endeavors, you understand and acknowledge that: a. all the thing’s governing cyberspace is very vast and there are certain limitations to the usage of the technology which are beyond the control of the Firm; and b. the security, integrity, and privacy of the Data can be viewed, breached, or altered by any third parties at the time of transmission.
10.1.3. We also try to mitigate the risk of Data breach by having internal agreements, arrangements, and/or policies with the workers/employees, third-party associates/ affiliates.
10.2. Disclosure of Data:
10.2.1. Though we strongly stand by and abide by the non-dissemination of any information or Data of our Users, Customers, clients, or associates and affiliates, we, at times, may have to disclose the Personal Information under specific circumstances to the following categories of recipients in order to enable them to provide the Services as requested by you through our Platform or for other legitimate Services requested by you for the purpose of transacting business: a. to our group companies, affiliates, and subsidiaries, as the case may be to offer the Services requested by you; b. to our associates, third-party vendors, service providers, and partners to enable them to connect and get in touch with you for rendering the Services requested by you on our Platform; c. to any governmental body or statutory authority, agency, court, or tribunal where it is ordered to share the information or where for the purpose of compliance such disclosure of Data and information is necessary; d. to the legal advisors, statutory auditors, accountants, or such other person with similar roles and responsibility for obtaining necessary and legitimate advisory services; and e. to our employees and personnel to carry out their roles and responsibilities and business operations on behalf of the Firm.
10.2.2. All the parties with whom we will share your Data and information are obligated to use all the reasonable and necessary steps to protect and secure your data and shall at all times use and process your information in accordance with our instructions.
10.3. Retention of Data:
10.3.1. You understand and acknowledge that we will retain the Data shared by you for undertaking the business-related operations only, however, we will only retain your Data as long as it is required in accordance with the legal and statutory requirements.
10.3.2. The Firm will delete your Data from the servers after completion of the purpose or fulfillment of the statutory requirements.
10.3.3. The period for which we will retain your Data is based upon certain factors like the nature of Data, the sensitivity of Data, loss or threat associated with unauthorized use of Data, reason, and purpose for which we need your Data, etc.
11. THIRD-PARTY WEBSITE LINKS
For providing you with our Services offered via Platform, we offer and provide you with thirdparty links on the Platform. You understand and acknowledge that such third-party affiliates are independent of the Firm and their activities and operation are beyond the control of the Firm and we hold no responsibility or liability towards any act, omission, commission, or negligence on the part of such third-party affiliates and their links provided on our Platform. You are aware and acknowledge that you are using such third-party links at your own risk and at no event the Firm will be held liable for any material breach or unauthorized usage of Data.
12. DISCLAIMER
You understand and acknowledge that we will always seek your permission before collecting your Data and such collected Data will at all times be used for authorized and legitimate business purposes only. We use your Data for our internal business activities, management, and compliance only. Any storage and retention of the Data is in compliance with the Applicable Laws and the same is not used for undertaking any unauthorized or illegitimate purposes.
13. DISCLAIMER OF LIABILITY
Except as otherwise expressly stated in this Policy, the Firm disclaims from any liability in respect of the correctness, completeness, and accuracy of information provided by the third-party links and at no point in time shall be held liable for any material immaterial breach of information or unauthorized usages of the Data that you may provide over such third party links.
14. LIMITATION OF LIABILITY
You understand and acknowledge that Data collection, retention, storage, and transmission are prone to cyber-attacks and threats. The term cyber attacks include hacking, malware attack, trojan attacks, leakage, unlawful dissemination, disclosure, etc. Despite using our best efforts, these attacks may happen and take place and you understand and acknowledge that the Firm will never be held responsible for such activities and acts. The Firm will at all times intimate and bring to your notice as soon as possible in the event occurrence of any of the cyber-attacks by issuing an email on your registered email id.
15. WITHDRAWL OF CONSENT
15.1. This Policy is applicable to you because of your usage of the Platform. The term usage does not necessarily mean and is limited to the creation of an Account on the Platform but is inclusive of browsing through the Platform.
15.2. If, at any point in time, you wish to withdraw your consent, you can write to us at info@omichef.com. or you can remove and delete your Account from our Platform. You shall also immediately refrain yourselves from using our Platform and shall not surf or browse through the Platform in case you do not agree with any of the terms and conditions of this Policy or any other policy of the Firm, you can immediately cease to use the Platform.
15.3. In addition to removing your Account, you can also opt out of the promotional and marketing information that is provided to you by us on your registered email address or via messages on your registered mobile number. You can opt out of such Services by writing to us an email at info@omichef.com..
15.4. Notwithstanding anything written and outlined in this Policy, we retains the right to hold your Data for meeting the compliance work and statutory requirements in accordance with the Applicable Laws for the time being in force.
16. REMOVAL OF ACCOUNT AND ACCESS TO INFORMATION
16.1. We, reserve the right in our sole discretion to remove or suspend or delete your Account from our Platform in the event, we find any acts or activities in violation of this Policy or any other policies applicable to you. In addition to this, we also reserve the right to restrict or terminate your access to our Platform under the violation of this Policy and following other circumstances: 16.1.1. in case you provide any wrong, incorrect, or materially altered information or Data at the time of creation or registration of the Account;
16.1.2. uploading of anything inconsistent, obscene, vague, vulgar, or any information that is exclusively associated with any third party or your;
16.1.3. in case you offer and deliver Services to the Customers in an inconsistent, vague, vulgar, materially altered, and defective manner; and
16.1.4. such other act or actions which is strictly against this Policy of the Firm or any other policy or agreement which the Firm may enter with you for the purpose of rendering the Services.
17. AMENDMENTS
You understand and acknowledge that we reserve the sole right, in its own discretion to amend and alter this Policy whenever there is any change in the applicable laws or the policies, procedures, and norms of the Firm. The amended Policy will be uploaded on the Platform from time to time and it is your duty to read the Policy from time to time for better understanding and stay updated with the amended policy. Your continued usage of the Platform shall be deemed as acceptance of the amended policy of the Firm.
18. GOVERNING LAW AND DISPUTE RESOLUTION
In case any dispute(s), disagreement(s), or conflicts arises between the Parties, in relation to the interpretation, validity, implementation, or alleged breach of any provision(s) or clauses(s) of this Policy, the same shall be dealt as per the laws of India under the jurisdiction of the appropriate courts situated in Delhi.
19. GRIEVANCES AND COMMUNICATION
We appreciate your commitment to us and value your input to enable us to provide the best services and seamless experience while using our Platform. We welcome and honor your inputs and in case you have any suggestions in respect of the Platform, feel free to write to us info@omichef.com, we surely will look into your suggestion and consider to implement the same in the best interest of Customers and business. In case you have any queries or concerns or grievances in relation to this Policy or with the information which we collect, please feel free to reach out to us at info@omichef.com.
