Privacy Policy

Please ensure that this Privacy Policy is perused by You before availing any services from Us.This Privacy Policy shall be updated from time to time and to stay abreast with our methods of using Your information and protecting Your privacy, please keep reviewing this Policy.

 

TOHANDS PRIVATE LIMITED, a private limited company with its registered office at A-205 TIRUPATI ASHISH CHS, OPP HOTEL AMBER, SHAHAD, KALYAN (W), THANE 421103, MAHARASHTRA, INDIA., (“Company”,"We", "Us", "Our" and terms of similar meaning)is committed to protecting your privacy. This Privacy Policy shall apply to the Users, Merchants (as defined in the Terms of Use). For the purposes of this Privacy Policy, the Users, Delivery Partners, Merchants (as defined in the Terms of Use) shall together hereinafter be referred to as “You”, “Your”or “Yourself”.

The Company has adopted this Privacy Policy to set out the manner in which personal data and other information is collected, received, stored, processed, disclosed,transferred, dealt with and handled by the Company In relation to Your use of our Services(defined below) through the website www.ByBuy (Tohands.Pvt.Ltd).in (“Website”)or the mobile application ByBuy (Tohands.Pvt.Ltd) (“App”), (collectively referred to as the “Platform”) or initiating or undertaking any transaction on the Platform. The Platform may contain links to other websites.This Privacy Policy does not apply to information that You provide to, or that is collected by, any third-party through the Platform, and any third-party websites that You access or use in connection with the Services offered on thePlatform. Company shall not be liable for and has no control over the practices and content of any such third party website.

Please read the Privacy Policy carefully before using or registering on the Platform or accessing any material, information or availing any services (“Services”)through the Platform. By clicking on the “I accept” button on the landing page,You accept this Privacy Policy and agree to be legally bound by the same. If You do not agree to the Privacy Policy, please do not use or access thePlatform.

This Privacy Policy is incorporated into and subject to Our Terms of Use (“Terms”) and shall be read harmoniously and in conjunction with the Terms. In the event of any conflict between the Terms and this Privacy Policy, the provisions of the Terms shall supersede the Privacy Policy. All capitalised terms not defined under this Privacy Policy shall have the meaning ascribed to it under the applicable Terms.

Please feel free to direct any questions or concerns regarding this Privacy Policy by contacting Us through this Platform or by writing to Us at bybuy.legal@gmail.com

1. Our Statement of Privacy Practice

  • Your information is     collected and processed in accordance with the terms and conditions of     this Privacy Policy.

2. Collection of Information

  • 2.1.1 In order to enhance     the user experience and provide Our Services, Company collects information     about You from two sources: (i) information You affirmatively and     voluntarily give to us; and (ii) information automatically collected when     You visit Our Platform or use any of Our Services.
  • 2.1.2 Information You     give Us: In order to provide Our full range of Services, We may     collect the following types of information from You (as applicable)     including but not limited to: Your name, gender, email address, mobile     and/or telephone numbers, service address, date of birth, profile picture,     contact details of people You refer to Us and other information about the     service address that You give us, information provided by You while     initiating and running a task, including, without limitation: search words,     location, products or services being sought, reviews, rating, order     details and history, pictures of items ordered or for which a task is run     and all chat history, etc. We may further collect medical information in     the form of medical prescriptions or other similar such documents from     You, depending on the nature of product or service sought through the     Platform, to initiate a transaction on the Platform, and share such     information on a need to know basis and upon request with the Merchants     selling/providing such product or services to You. We may ask You to     provide additional information about Yourself on an optional basis. We may     ask You for certain financial information, including credit card account     data or other payment method data, to process payments for some of Our     Services. We currently do not store any financial information provided to     Us. We may also enable features which requires Our access to Your address     book, calendar, photo gallery etc. If you sign up as Merchant, We may also     collect location details, copies of government issued identification     documents, statutory registrations, other KYC details, call and SMS     details. Additionally. We may also collect the information for a third     party as provided by You pursuant to a referral program on the     Platform(such as name, contact details, etc). We may also ask You to     provide any other personal information which You give us in connection     while booking a service or is relevant to customer surveys and/or offers     available on the Platform. All such information shall be collectively     referred to as “Personal Information”.

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  • 2.1.3 Non-Personal     Information: When You visit the Platform, We may collect certain     non-personal information such as Your internet protocol address, operating     system, browser type, internet service provider, aggregate user data,     browser type, software and hardware attributes, pages You request, number     of click, search history and result selected, active seconds or minutes on     the Platform, frequency of Your visit to the Platform, the date and time     of Your visit to Platform or use of the Services and cookie information,     etc. This type of information does not identify You personally.
  • 2.1.4 Automatic Information:     We receive and store certain types of information whenever You access Our     Platform. We use "cookies" (small file containing a string of     characters that uniquely identifies Your browser) and We obtain certain     types of information when Your web browser accesses the Platform. These     server logs may include information such as Your web request, Internet     Protocol address, browser type, browser language, the date and time of     Your request, information about Your internet connection and web beacon     information. We use cookies primarily for user authentication but may also     use them to improve the quality of Our Services by storing user     preferences and tracking user trends. Further, the Company may also     collect information about Your preference and settings such as time zone     and language, Your searches and the results You selected from the     searches.
  • 2.1.5 Device: When     and if You download and/or use Our Platform through Your device, We may     receive information about Your location and Your device, including a     unique identifier number for Your device, device model, operating systems,     versions, software, file names, advertisement identifiers and mobile     network information. We may use this information to provide You with     location-based Services including but not limited to search results and     other personalized content. When You use the Platform through the     telecommunication device, we collect Your location data. If You permit the     Platform to access Your location through the permission system used by     Your mobile operating system, We may also collect the precise location of     Your device when the App is running in the foreground or background. We     may also derive Your approximate location from Your IP address.
  • 2.1.6 User     communications: When You send emails or other communications to Us, We     may retain those communications in order to process Your inquiries,     respond to Your requests and improve Our Services.
  • 2.1.7 Other Parties: We     may receive information about You from third parties, such as other users,     partners, our affiliated companies or an analytics solution provider     (which may contain information about screens visited and interaction     patterns such as screen actions, gestures, taps, scrolls etc). We may also     receive information about You if You use any of the other websites/apps We     operate or the other services we provide. If You are a Merchant, Delivery     Partner, We may, additionally record your calls with Us for the Services     provided using the Platform, SMS details, receive feedback and rating from     other users.
  • 2.2 On receiving personal     information about our Users, You no longer remain anonymous to Us. We may     use this information to do internal research on our Your demographics,     interests, and behaviour to better understand, protect and serve You     better. This information is compiled and analysed on an aggregated basis     and in a manner that does not personally identify You. We indicate fields     that are mandatorily required to be filled and fields that are optional.     You may decide whether or not to provide such information to Us.
  • 2.3 You may choose not to     provide us with any Personal Information or information as required to     complete your tasks/transactions initiated on Your Platform. If We do not     receive information required for Your tasks, Merchant may choose not to     complete Your transaction initiated on the Platform

3. Additional Information

When You use Our Services, We may collect information about You, with Your permission, in the following general categories:

  • 3.1 Address Book: For     certain features, We will need access to Your address book on Your device.     If You permit Us to access Your address book, We may access and store     names and contact information from Your address book to facilitate certain     service features on the App.
  • 3.2 Transaction     Information: We collect transaction details related to Your use of Our     Platform, including the type of service requested, date and time the     service was provided, amount charged, and other related transaction     details. Further, We may also collect personal information of third     parties who are not registered on the Platform, including names, telephone     numbers and addresses, for the limited purpose of completing the transaction     initiated by You on the Platform.

4. Use of Personal Information

  • 4.1 The information     collected by Us through our Platform maybe used inter alia for the     following purposes:

o (a) To allow You to use Services on the Platform and to carry out Our obligations arising from any contracts between You and Us.

o (b) To allow You to undertake or initiate any transactions on the Platform

o (c) For internal record keeping of the Company;

o (d) To improve our Services;

o (e) To improve Your usage of the Platform, to manage Your Account, etc

o (f) To process payments with respect to transactions initiated on the Platform;

o (g) To respond to Your comments, reviews and questions and provide better Service;

o (h) To communicate important notices or changes to the Services provided by Company on thePlatform, use of the Platform and the terms/policies which govern the relationship between You and the Company;

o (i) For internal purposes of the Company such as enhancing security of the Platform, auditing,testing, troubleshooting, data analysis and research conducted either indirectly/directly by Company;

o (j) For promotion and marketing purposes by Company;

o (k) To track the order status, processing and delivery as applicable to You;

o (l) For collating Your feedback, providing offers, doing surveys and conducting research on Our user base for usage and improvement of Services;

o (m) For any other purposes with Your consent.

  • 4.2 From time to time, we     may use Your information to customize, develop, improve the Platform     according to your interests
  • 4.3 We may use personal     information to resolve disputes that may arise with the use of Our     services on the Platform, help promote a safe service to You on the     Platform, measure consumer interest in Our services, customize Your     experience, detect and protect Us against error, fraud and other illegal     activity, enforce Our terms and conditions.
  • 4.4 We identify and use your     IP address to help diagnose problems with our server, and to administer     our Platform. Your IP address is also used to help identify You and to     gather broad demographic information
  • 4.5 We shall be entitled to     retain Your Personal Information for such duration as may be required for     the purposes specified here under and shall be used Us only in consonance     with this Privacy Policy

5. Sharing of Personal Information

  • 5.1 We share Your     information with third parties and third party service providers,     promotion and marketing partners, consultants, research firms, business     partners including merchants, vendors or insurance service providers, for     supporting Our business, to carry out Your service requests and fulfil     such service requests.
  • 5.2 We may also share your     information with third party payment service providers like payment     gateways, payment aggregator and other payment service providers for the     purpose of fulfilling Services to you.
  • 5.3 We may disclose Your     personal information if required to do so by law or when We believe that     such disclosure is appropriate to comply with law or in the good faith     belief that such disclosure is reasonably necessary to respond to     subpoenas, court orders, or other legal process. We may disclose personal     information to law enforcement offices, third party rights owners, or     others in the good faith belief that such disclosure is reasonably     necessary to enforce our Terms or Privacy Policy; respond to claims that     an advertisement, posting or other content violates the rights of a third     party; or protect the rights, property or personal safety of our Users or     the general public.
  • 5.4 Company may need to     disclose Your information, to (i) protect and defend the rights or     property of the Company, including to enforce Our agreements, policies,     and Terms and; (ii) protect the personal safety of You, the Company, its     members and employees, or any person, in an emergency; and (iv) protect     Company from incurring any legal liability. In such an event Company shall     be under no obligation to specifically inform You or seek Your approval or     consent.
  • 5.5 Any content or personal     information that You share or upload on any current or future publicly     viewable portion of the Platform (on discussion boards, in messages and     chat areas, etc.) will be publicly available, and can be viewed by others.
  • 5.6 If You provide a mobile     phone number and/or e-mail address, the Company, or other parties     registered on the Platform may call You or send You communications in     relation to Your use of the Platform or Your any transaction initiated by     You on the Platform. We and our affiliates will share/transfer some or all     of the collected information (personal or otherwise) with another business     entity should We (or our assets) plan to merge with, or be acquired by     that business entity, or reorganization, amalgamation, restructuring of     business, in connection with or during negotiation of any merger,     financing, acquisition, bankruptcy, dissolution, transaction or     proceeding. Should such a transaction occur, that other business entity (or     the new combined entity) will be contractually bound to comply with the     terms of this Privacy Policy.
  • 5.7 We do not disclose     personal information about identifiable individuals to advertisers, but We     may provide them with aggregate and/or anonymised information about You     and other registered Users , Merchants to help advertisers reach the kind     of audience they want to target. We may make use of the information We     have collected from You to enable Us to comply with our advertisers' wishes     by displaying their advertisement to that target audience.

6. Transparency and Choice

  • 6.1 Your acknowledgement.     All information disclosed by You shall be deemed to be disclosed willingly     and without any coercion. No liability pertaining to the     authenticity/genuineness/ misrepresentation/ fraud/negligence, etc. of the     information disclosed shall lie on the Company nor will the Company in any     way be responsible to verify any information obtained from You.
  • 6.2 Withdraw consent. You     may choose to withdraw Your consent provided here under at any point in     time. Such withdrawal of the consent must be sent in writing to contact.bybuy@gmail.com.     In case You do not provide or later withdraw Your consent, We reserve the     option to not allow You to undertake any transaction on the Platform or     access the Service available on the Platform for which the said     information was sought on the Platform. However, if You are a part of any     on-going transaction on the Platform, We reserve the right to retain all     your information until completion of the transaction. Further, You     acknowledge and agree that in case of such withdrawal of Your consent, the     Company reserves the right to store Your information in an anonymised form     such that the information stored will not be attributable to you or     identify You in any manner whatsoever. The Company shall complete the     anonymizing the data within 30 days from the date of withdrawal of     consent.
  • 6.3 Rectification: You     represent and warrant that any and all information, including but not     limited to Your Personal Information is absolutely correct and complete in     all aspects. You further undertake to immediately update any change or     variation of Your Personal Information on the Platform by sending Us a     request in writing to contact.bybuy@gmail.com to rectify or update Your     Account. Once You send us an email to Us, You agree to comply with the     instructions as may be provided/communicated by Us.

7. Information Safety

All information is saved and stored on servers, which are secured with passwords and pins to ensure no unauthorised person has access to it. Once your information is in Our possession We adhere to strict security guidelines, protecting it against unauthorized access. Company shall take reasonable steps to help protect Your Rights of privacy and Your information (personal or otherwise) in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration, or destruction of such information, in compliance with the applicable laws. You expressly consent to the sharing of Your information with third party service providers, including vendors, Merchants, insurance agents and insurers,promotion and marketing partners, consultants, research firms, business partners,financial service providers, payment gateways, to process payments and manage payment card information. Company does not itself store Your payment card account information, and does not have direct control over or responsibility for Your payment card account information. Hence, Company cannot guarantee that transmissions of Your payment card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Company or Company’s third-party service providers. Company assumes no liability or responsibility for disclosure of Your information due to any reason, including but not limited to errors in transmission, unauthorized third-party access, orother causes beyond its control. Although we shall try our best to protect Your data we cannot take any guarantee for the security of Your data transmitted through the Platform. You play an important role in keeping Your personal information secure. You shall not share Your user name, password, or other security information for Your account with anyone.

8. Public Posts

If the Platform Permits You, You may provide Your feedback, reviews, comments, etc. on thePlatform on Your use of the Platform and/or in relation to any transactions on the Platform on any portion of the Platform that is publicly viewable (“Posts”).In such an event, (i) Your Posts shall have to comply with the conditions relating to Posts as mentioned in the applicable Terms of Use and applicable law; and (ii) the Company shall have an unconditional right to remove and delete any Post or such part of the Post that, in the sole opinion of the Company, does not comply with the conditions in the applicable Terms of Use or applicable law. All Posts shall be publicly accessible and visible to all Users Of the Platform. Company reserves the right to use, reproduce and share such Posts for any purpose at its discretion. If You delete Your Posts from thePlatform, copies of such Posts may remain viewable in archived pages, or such Posts may have been copied or stored by other Users.

9. Choice/Opt-Out

We provide all Users with the opportunity to opt-out of receiving non-essential (promotional,marketing-related) communications from Us on behalf of our partners, and fromUs in general, after providing Us with personal information. If You want to remove your contact information from all lists and newsletters, please contactat contact.bybuy@gmail.com If You opt out, the Company may still send You On-promotional emails/communications, such as emails/communications with respect to the Platform and Your account and related transactions.

10. Third Party Link

  • 10.1 You hereby acknowledge     and agree that when You use the Platform, there may be certain links which     may direct You to other websites or applications not operated/maintained     by the Company or third-party advertising companies to serve     advertisements when You visit our Platform (“Other Sites”). These     companies or third-party platform may use Your information (not including     Your name, address, email address, or telephone number) about Your visits     to this and other Platform in order to provide advertisements about     services of interest to You. This Privacy Policy doesn't apply to     information that You provide to, or that is collected by, any Other Site     through the Platform, and any Other Site that You access or use in     connection with the use of the Platform. The manner in which Your     information is collected, received, stored, processed, disclosed,     transferred, dealt with and handled by such Other Site(s) is governed by     the terms and conditions and privacy policy of the respective Other     Site(s). The Company urges You to acquaint yourself with the terms and     conditions and privacy policy of every such Other Site(s)
  • 10.2 The Company hereby     expressly disclaims all liabilities with respect to the manner in which     the Other Site(s) collects and/or uses Your information. On the Platform,     there may be third parties who advertise their products and/or services.     Such third parties may place or recognize a unique "cookie" on     Your browser and may use information about Your visits to Our Platform and     other websites in order to provide advertisements about goods and services     of interest to You. We shall, in no event, be liable for any unauthorized     or unlawful disclosures of Your personal information or any other     information made by advertisers, who are not subject to Our control

11. Complaints

In case of any dissatisfaction in relation to the Platform, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be lodged at bybuy.legal@gmail.com .in, and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company on the complaints shall be final and You agree to be bound by the same.

12. Changes to our Privacy Policy

We reserve the unconditional right to change, modify, add, or remove portions of this Privacy Policy at any time, without specifically notifying You of such changes. Any Changes or updates will be effective immediately. You should review this Privacy Policy regularly for changes. You can determine if changes have been made by checking the “Last Updated” legend above. If we make any significant changes we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Platform or to your email address on record and where required by applicable law, We will obtain your consent.Your acceptance of the amended Privacy Policy / Your continued use of our services after we publish or send a notice about our changes to this Policy shall signify Your consent to such changes and agreement to be legally bound by the same

13. Grievances

In the event You Have any grievances relating to the Privacy Policy, please inform within 24 hours of occurrence of the instance from which the grievance has arisen, by writing an email to the Grievance Officer at
bybuy.legal@gmail.com



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