Last Updated on 25th March 2019 (Privacy Policy version 4.5)

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND HIFIVES (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE I ACCEPT TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND HIFIVES FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO DEALSNOW CONSUMER SOLUTIONS PRIVATE LIMITED (OWNER OF HIFIVES) AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by HiFives as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

DealsNow Consumer Solutions Private Limited and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, “HiFives”) is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing, offering, selling or purchasing products or services on HiFives websites, mobile sites or mobile applications (“Website”) on the Website and otherwise doing business with HiFives. “Associate Companies” here shall have the same meaning as ascribed in Companies Act, 2013.

The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of HiFives and the terms “You” /”Your” / “Yourself” refer to the users. This Privacy Policy is a contract between You and the respective HiFives entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and condition of the respective HiFives entity and its respective Website or nature of business of the Website.

HiFives has provided this Privacy Policy to familiarise You with:

  • The type of data or information that You share with or provide to HiFives and that HiFives collects from You;
  • The purpose for collection of such data or information from You;
  • HiFives’ information security practices and policies; and
  • HiFives’ policy on sharing or transferring Your data or information with third parties. This Privacy Policy may be amended/updated from time to time. Upon amending/updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of the Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.
  • Information collected and storage of such Information:
    The “Information” (which shall also include data) provided by You to HiFives or collected from You by HiFives may consist of “Personal Information” and “Non-Personal Information”.
  • Personal Information:
    Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
    • Your user name along with Your password,
    • Your name,
    • Your telephone number (optional),
    • Your e-mail address,
    • Your date of birth (optional),
    • Information regarding your transactions on the Website, (including sales or purchase history),
    • Your financial information such as bank account information or credit card or debit card or other payment instrument details including OTP,
    • Internet Protocol address,
    • Any other items of ‘sensitive personal data or information’ as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
    • Identification code of your communication device which You use to access the Website or otherwise deal with any HiFives entity,
    • Any other information that You provide during Your registration process, if any, on the Website. Such Personal Information may be collected in various ways including during the course of You:
      • registering as a user on the Website,
      • registering as a seller on the Website,
      • availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with HiFives’ customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
      • otherwise doing business on the Website or otherwise dealing with any HiFives entity. We may receive Personal Information about you from third parties, such as social media services, commercially available sources and business partners.
      • If you access Website through a social media service or connect a service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service.
      • When you access the Website or otherwise deal with any HiFives entity through social media services or when you connect any Website to social media services, you are authorizing HiFives to collect, store, and use and retain such information and content in accordance with this Privacy Policy.
    • Non-Personal Information:
      HiFives may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist HiFives to identify You personally. This Non-Personal Information may include:
      • Your geographic location,
      • details of Your telecom service provider or internet service provider,
      • the type of browser (Internet Explorer, Firefox, Opera, Google Chrome, etc.),
      • the operating system of Your system, device and the Website You last visited before visiting the Website,
      • The duration of Your stay on the Website is also stored in the session along with the date and time of Your access, Non-Personal Information is collected through various ways such as the use of cookies. HiFives may store temporary or permanent ‘cookies’ on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer’s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.
      • Ads: HiFives may use third-party service providers to serve ads on HiFives’ behalf across the internet and sometimes on the Website. They may collect Non-Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website. Please do note that Personal Information and Non-Personal Information may be treated differently as per this Privacy Policy.

You hereby represent to HiFives that:

  • The Information you provide to HiFives from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to HiFives.
  • Your providing the Information to HiFives and HiFives’ consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders, and decrees.
  • HiFives and each of HiFives entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to HiFives. You shall indemnify and hold harmless HiFives and each of HiFives entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.
  • Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than the Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data.
  • These third parties may have their own security standards to safeguard your information or data and we will on a commercially reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information/data.
  • Purpose for collecting, using, storing and processing Your Information HiFives collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of HiFives entities and shall include the following:
    • to facilitate Your use of the Website or other services of HiFives entities;
    • to respond to Your inquiries or fulfill Your requests for information about the various products and services offered on the Website;
    • to provide You with information about products and services available on the Website and to send You information, materials, and offers from HiFives;
    • to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
    • to send You surveys and marketing communications that HiFives believes may be of interest to You;
    • to personalize your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
    • to help You address Your problems incurred on the Website including addressing any technical problems;
    • if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
    • for proper administering of the Website;
    • to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
    • to improve the services, content, and advertising on the Website;
    • to provide value-added services such as Single Sign-On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
    • to facilitate seamless purchase experience while making a transaction by pre-populating the OTP received through SMS by you
    • to facilitate various programs and initiatives launched by HiFives or third-party service providers and business associates
    • to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
    • to conducting academic research and surveys
    • to protect the integrity of the Website;
    • to respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
    • to conduct analytical studies on various aspects including user behaviour, user preferences, etc.;
    • to permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product-related support;
    • to implement information security practices;
    • to determine any security breaches, computer contaminant or computer virus;
    • to investigate, prevent, or take action regarding illegal activities and suspected fraud,
    • to undertake forensics of the concerned computer resource as a part of an investigation or internal audit;
    • to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by HiFives;
    • to enable a potential buyer or investor to evaluate the business of HiFives (as further described in paragraph 8 of the Privacy Policy). [Individually and collectively referred to as (“Purposes”)] You hereby agree and acknowledge that the Information so collected is for a lawful purpose connected with a function or activity of each of the HiFives entities or any person on their respective behalf, and the collection of information is necessary for the Purposes.
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