PRIVACY POLICY
The Sellacha mobile application and the domain sellacha.com (“Domain”) (collectively, “Sellacha Platform”) are made available by BETTA APPS PRIVATE LIMITED (“Sellacha”, “Company”, “we”, “us” and “our”), a private company established under the laws of India, having its registered office at H.No. 16-8-679, MALAKPET, HYDERABAD, TELANGANA,INDIA – 500036.
“Merchants”, can use their accounts on the Sellacha Platform to build their own online stores (“Stores”) which can be accessed by customers (“Customers”) on the Domain. Merchants can also avail of various Services (as described below) including from third party service providers (“Partners”).
This Privacy Policy (“Policy”) describes the manner in which personal information is collected, used, disclosed, or otherwise processed when Merchants, Customers and Partners (collectively “You” / “Your”) use the Sellacha Platform.
The term “Services” refers to any services offered by Sellacha, including but not limited to:
(collectively, “Services”).
This Policy is published in compliance with, inter alia:
Please read this Policy before using the Sellacha Platform, accessing a 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 Sellacha Platform, Stores or the 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 TERM ON ACCESS
By accessing or using the Sellacha Platform, Stores or the 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 Service(s) 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 Service, then you may alert us at sales@sellacha.com.
As a Merchant, you agree to comply with this obligation, and to otherwise comply with any data correction, erasure, deletion or other similar obligations.
As a Merchant, you undertake not to collect (or otherwise cause or permit the collection of) any data relating to children to honour any access, correction, deletion or disclosure requirements promptly and efficaciously, and in an event, no later than is required under applicable law.
YOUR CONSENT
By using the Sellacha Platform, 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 Sellacha Platform or the Stores. If you are accessing or using Services or the Sellacha Platform 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.
As a Merchant, you undertake to comply with applicable law and notify Customers and obtain their consent for collection, use and further sharing of their personal data by you as the Merchant or the Company, through the Store’s privacy policy and terms and conditions.
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 Sellacha Platform 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
The Sellacha Platform enables the creation of Stores and may also link to other websites.
Any Personal Data about you collected whilst visiting the Stores or other websites is not governed by this Policy. While Sellacha requires Merchants to operate their Stores in accordance with applicable law, it is not responsible for, and has no control over, the practices and content of the Merchants, Stores, Partners, or any website which may be linked from the Sellacha Platform.
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 Merchants, Partners or via 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 are 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.
INFORMATION WE COLLECT FROM YOU
If you are a Merchant who registers on our Sellacha Platform to avail our Services, we collect all information that you provide to us about yourself and your business, such as your name, details of individuals associated with your business, name of your business, business and warehouse address, email address, phone number and copies of government issued identification.
We may also collect sensitive personal data or information (“SPDI”) about you when you use our Service(s) on the Sellacha Platform. This information may include financial information, identity information, business documentation, contracting and other related information we receive from you or, on your behalf, such as your payment gateway information.
Besides your information, you understand that in order to power your Stores, provide you our Services and for the other Purposes as detailed in this Policy, we may also have access to, process, and further share with our Partners information about Customers who visit your Stores or make purchases from you, based on the information that you make available to us. Information of Customers may include their name, address, email address, phone number, gender, purchase pattern, product preference, price preference, transactions that take place on your Stores and any other information provided by you to us to provide our Services. You agree and acknowledge that Customers have been notified of and have consented to such collection, use and further sharing of their personal data by both the Merchant and by the Company, for their individual purposes, through the Store’s privacy policy and terms and conditions.
If you are a Customer visiting or transacting at a Store, you understand that certain personal data in the nature of name, billing address, email address, shipping address, transaction details and payment details may be collected from you by the Merchants, Partners or the Company. While this Policy lays down the Purposes for which we collect and process your personal data and our privacy practices in relation to such data, you understand and acknowledge that this Policy does not cover privacy practices of the Merchants who you transact with or the Partners providing your any services. Whilst our Policy requires Merchants and Partners to collect, store, process and disclose your information, in compliance with applicable laws, you acknowledge that Sellacha is not responsible for, and has no control over, the practices and content of the privacy policy of the Merchants, Stores or Partners. You are therefore requested to refer to the privacy policy of the relevant Store or the relevant Partner to understand how they collect, store, process and disclose your personal information.
While transacting with Stores on the Platform, you may provide your financial information including without limitation your bank account details, credit card account details or your details pertaining to any payment settlement or pre-paid instrument service provider. You understand, agree and acknowledge that the Platform does not receive or have access to such financial information from these service providers. Your personal information, sensitive personal information and financial information will be dealt by these service providers in accordance with their respective privacy policies and other terms and conditions and Platform shall not be liable, accountable or responsible for your personal information, sensitive personal information and financial information which you provide to these service providers.
If you have partnered with us to facilitate us to provide Services to the Merchants, we may collect information you provide about yourself and your business, such as your name, details of individuals associated with your business, name of your business, address, email address, phone number and copies of government issued identification. We may also collect data relating to the transactions between you and the Merchants, such as status of an order, settlement amount of an order, or details of amounts reflecting in the wallet of Merchants, to enable us to provide services to the Merchants or otherwise optimize the functionality of the Platform.
We may also collect SPDI such as financial information we receive from you for any transactions that may be effectuated between you and the Company.
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.
In order to improve your experience on the Platform 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 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 Sellacha Platform or the Stores;
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 Sellacha Platform, Stores, Merchants, Partners 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:
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 Sellacha Platform or Stores and use our Services, as well as when you visit other online sites and services.
Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.
USES OF YOUR INFORMATION
We use the information we collect for following purposes, including:
Further, we may receive data of Customers from our Merchants and Partners, for the following purposes:
(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 analyze the log files of our Sellacha Platform 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 adSellachater 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.
As a Merchant, you agree to list out the purposes for which the Company may collect personal information of Customers, in the Store’s privacy policy, so that Customers are informed of the purposes for which the Company collects, processes or further shares their information.
DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION
We may share your information that we collect 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 Sellacha Platform, the Stores or availing our Services, you accept the terms hereof and hereby consent to the storage and processing of the Personal Data and SPDI by third parties.
DATA SECURITY PRECAUTIONS
We have in place appropriate technical and security measures to secure the information collected by us.
We use vault and tokenization services from third party service providers to protect the financial information provided by you. The third-party service providers 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. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the Sellacha Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone.
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 Sellacha Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorized access.
If you suspect any unauthorized use of your account, you must immediately notify us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify us due to any loss suffered by us due to such unauthorized use of your account or password.
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, unauthorized 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.
As a Merchant and a Partner, to the extent you collect SPDI of Customers, you agree to comply with your obligations of having in place reasonable security measures, in accordance with applicable law.
OPT-OUT
We maintain records of Personal Data and SPDI collected on the Platform, 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, you are opting in to receive emails from Sellacha. You can log in to your Sellacha Seller App to manage your preferences and you can follow the “unsubscribe” instructions in commercial emails to manage your email preferences, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from Sellacha.
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 sales@sellacha.com. 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 offer you any or all Services upon such withdrawal of your consent.
If you are a 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 provider to comply with any data erasure or deletion requests, you understand that we do not control the data privacy practices of third party merchant or service provider and are therefore not liable for any of their practices in relation to your personal data.
CORRECTIONS AND AMENDMENTS TO YOUR INFORMATION
Rights of Merchants, Customers and Partners:
You may review, correct, update, and change the information that you have provided by logging into your account. 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 Sellacha Platforms or the Services. We reserve the right to verify and authenticate your identity and your personal information in order to ensure accurate provision of Services. Access to or correction, updating or deletion of your Personal Data or SPDI may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
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.
Rights of Customers and Obligations of Merchants:
As a Merchant, you agree to promptly, and no later than 24 (twenty four) hours, inform us: (a) of any request from the Customer to modify, amend or delete any information of the Customer that has been shared with us and any other notices or communications that Customer may make in relation to their data on a Store or the Sellacha Platform. Further, as a Merchant, you agree to comply with any data correction, erasure, deletion or other similar obligations.
As a Customer, when you visit or make a purchase from a Merchant Store, you acknowledge that the Merchant controls your information including the manner of its usage, storage and the duration of its retention. Both the Merchant and the Customer agrees that the Company shall not be liable for any disputes arising from or in connection with such processing or the Merchant’s data privacy practices. If a Customer wishes to make any request for amendment, correction, updating or deletion of information, you should also make the request directly to the Merchant in accordance with the Store’s privacy policy. While we require Merchant’s to promptly support your request, we are not responsible for compliance by the Merchant.
GRIEVANCE OFFICER AND SELLACHA PLATFORM SECURITY
If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at sales@sellacha.com or write to our Grievance Officer at the following address:
Sellacha Grievance Officer
Reg Office: 16-8-679
MALAKPET,
HYDERABAD- 560068, TELANGANA
If you come across any abuse or violation of the Policy, please report to sales@sellacha.com. We shall endeavour to resolve your grievances within 15 (fifteen) days from the date of receipt of such grievance.
Further, please note that the Sellacha Platform stores your data with the cloud platform of Amazon Web Services provided by Amazon Web Services, Inc., which may store this data on their servers located outside of India. Amazon Web Services has security measures in place to protect the loss, misuse and alteration of the information, details of which are available at https://aws.amazon.com/. The privacy policy adopted by Amazon Web Services are detailed in https://aws.amazon.com/privacy. In the event you have questions or concerns about the security measures adopted by Amazon Web Services, you can contact their data protection / privacy team / legal team or designated the grievance officer at these organisations, whose contact details are available in its privacy policy, or can also write to our Grievance Officer at the address provided above.
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 Sellacha Platform, Stores or availing any of our Services, you understand and agree that you assume all responsibility and risk for your use of the Sellacha Platform, Stores and Internet generally, and the information you post or access and for your conduct on and off the Sellacha Platform.
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 Sellacha Platforms 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: The Company 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 the Company has 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. Any and all disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.
Data retention and account termination
You can close your account by visiting your profile settings page/screen on our website/App. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations.