Introduction:

www.ankoornaik.com is a website owned, maintained, managed and operated by a sole proprietary concern owned by Mr. Ankoor Naik (“Company”, "We," or "Us").

We recognize / respect the importance of privacy of Our Users and also of maintaining confidentiality of the information provided by its Users as a responsible data fiduciary and data processor. 

This Privacy Policy describes who We are, the information that We collect about You, how We obtain your personal information and how We may use or disclose that information in connection with the product(s) We sell via Our Website. This Privacy Policy also describes the measures we take to protect the security of Your personal information and how You can contact Us about Our privacy practices, including to exercise your Privacy rights.

This Privacy Policy covers practises or applicable to any person (‘User’) who uses our Website and purchases, intend to purchase, avail, subscribe or inquire about any product(s) or service(s) or content made available by Us through our Website. If a User is a resident of European Union or European Economic Area (EU/EEA), such User shall, in addition to this Privacy Policy, read our GDPR Policy (Client to insert the link here) as well to understand how is personal data of such EU/EEA User dealt with.

This Privacy Policy applies only to Your use of Our Website and does not apply to usage of any website(s) of any third-parties (for instance: including but not limited to Stripe, OneTrust, PhonePe or any other payment gateway partners, Calendly and other third-party privacy and software security vendors and third-party cloud service providers etc.), even if their websites/products are linked to our Website by means of advertising / promotion / marketing pop-ups. It is advised that You should check the privacy statements and policies of any such third parties with whom You [including by way of browsing on such third-party website(s)] interact as they may be materially different from our Privacy Policy.

By using or accessing the Website, the User hereby agrees with the terms of this Privacy Policy and the contents herein. If you do not accept and agree with this Privacy Policy, you must stop using our website immediately. Please read the following Privacy Policy to learn about our information gathering and dissemination practices.

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Personal Information:

Personal Information and personal data is defined as ‘any information and/or data relating to an identifiable person who can be directly and/or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers information such as your name and contact details, identification numbers, electronic location data, and other online identifiers.

Such personal information and personal data of User shall include the information shared by the User and collected by us for the following purposes:

Eligibility to transact with Us:

Our Website can be used and accessed by anyone who is 13 years and/or above the age of 13 years. If the User who intends to use our Website is 13 years or older but under the age of 18, or the legal age of majority in the jurisdiction of the country the User resides in (if that jurisdiction has an older age of majority), such User agrees and undertakes to review this Privacy Policy with his/her parent or guardian to ensure that both the minor User and such minor User’s parent or guardian understand this Privacy Policy. Such User further agrees to have his/her parent or guardian review and accept this Privacy Policy for and on behalf of the minor User.

If a User’s parent or guardian has agreed to this Privacy Policy on behalf of a child over the age of 13 years (or the digital age of consent basis the laws of country of residence of such User, if older), such parent or guardian agrees to accept sole responsibility for such minor User’s use of our Service, including any financial cost, charges and legal liability arising therefrom.

To use this Website, the age criteria of 18 years shall not be applicable to you in the event you represent an organisation or any artificial person (corporates). 

If a minor User is not guided by his/her parent / guardian to review and accept this Privacy Policy for and on behalf of the minor User, then we urge such minor User to not interact with Us, to not fill out our forms or send any personal information about them to Us. If we learn that we have collected personal information from a child under the age 18 years, who has not been well sufficiently informed of this Privacy Policy by his/her parents / guardians, then, We will delete that information promptly and restrict the access or usage of our Website, on which such child under the age of 18 years was registered as a User on his/her own accord. We shall also not process or proceed further with responding to any enquiries made by such a User and in the event any request, enquiry is processed by Us, we shall have a sole right to cancel the same.

Your Account and Registration Obligations:

We collect information which you provide while registering on our Website, including but not limited to information about your personal identity such as first name, last name, personal email address, mobile number, profession, date of birth, city and social media or any other digital data links, if any. It makes it easier for You to use our Website by not having to enter your Personal Information every time you access our Website. 

Notice / Consent Form:

Upon registration, We provide our Users with a Notice / Consent Form that contains information that relates to:

• the categories of personal data of the User proposed to be collected by Us;
• the purpose of usage of personal data of the User;
• list of third-party(ies) partners/vendors/services providers associated with us that may have or may be able to access the personal data of the User collected by us;
• the manner in which the personal data of the User shall be processed;
• the rights available to the User with respect to the withdrawal of the consent provided by the User to Us;
• the right of the User and the manner in which the User can approach us for grievance redressal;
• the manner in which the User may make a complaint to the Data Protection Board of India (under the Digital Personal Data Protection Act, 2023) (“Board”) or any other equivalent competent authority, in the event of any grievances that the User may have at any time (only if no resolution is provided by us).

User shall be provided with an option to access the contents of the notice.

Consent of the User:

Upon perusal of the contents of the Notice / Consent Form, the User, if is desirous to provide us with his/her personal information to access our Website and transact with Us, shall provide his/her free, specific, informed, unconditional, unambiguous (with a clear affirmative action) consent to collection and processing of personal data of the User for the purpose more particularly specified in the Notice / Consent Form.

For the sake of clarity, if the User’s consent is not received by Us, We refrain from collecting, processing or proceeding further with responding to any enquiries made by such a User and in the event any request, enquiry is processed by Us, we shall have a sole right to cancel the same. Further, the User may give, manage, review or withdraw her consent to Us through a Consent Manager (registered with the Board).

Purpose of processing of Personal Data:

Further, if we have received the prior written consent of the User in the manner as stated hereinabove, we shall proceed with processing the personal information of such User to operate and personalize our Services and content, for marketing purposes, sending marketing materials, billing / payment related identification and authentication with regards to products purchased by the User.

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Exceptions:

We shall process personal data of the User only limited to the purpose for which the User has provided his/her written consent and for no purpose or reason beyond the same; save and except:

1. for the State and any of its instrumentalities to provide or issue to the User such subsidy, benefit, service, certificate, licence or permit as may be prescribed under law that the User is eligible to receive, where:

(i) such User she has previously consented to; or 

(ii) such User’s personal data is available in digital form in, or in non-digital form and digitised subsequently from, any database, register, book or other document which is maintained by the State or any of its instrumentalities and is notified by the Central Government,

subject to standards followed for processing being in accordance with the policy issued by the Central Government or any law for the time being in force for governance of personal data.

2. for the performance by the State or any of its instrumentalities of any function under any law for the time being in force in India 
3. in the interest of sovereignty and integrity of India or security of the State; 
4. for fulfilling any obligation under any law for the time being in force in India on any person to disclose any information to the State or any of its instrumentalities, subject to such processing being in accordance with the provisions regarding disclosure of such information in any other law for the time being in force; 
5. for compliance with any judgment or decree or order issued under any law for the time being in force in India, or any judgment or order relating to claims of a contractual or civil nature under any law for the time being in force outside India; 
6. for responding to a medical emergency involving a threat to the life or immediate threat to the health of the User or any other individual; 
7. for taking measures to provide medical treatment or health services to any individual during an epidemic, outbreak of disease, or any other threat to public health; 
8. for taking measures to ensure safety of, or provide assistance or services to, any individual during any disaster, or any breakdown of public order;
9. for the purposes of employment or those related to safeguarding the employer from loss or liability, such as prevention of corporate espionage, maintenance of confidentiality of trade secrets, intellectual property, classified information or provision of any service or benefit sought by a User who is an employee.

Withdrawal of Consent:

If the User at any time is desirous to withdraw the Consent provided by the User to collect and process the personal data of the User, the User may do so at any time by writing to us at moreclarity@ankoornaik.com. We shall, within 30 days upon receipt of the withdrawal request communication, cease and desist and cause our data processors to cease and desist from processing the personal data of such User, save and except if processing the personal data of such User without consent is required or authorised under applicable data protection laws for the time being in force.

For the sake of clarity, withdrawal of Consent by any User shall not affect the legality of processing of the personal data of such User based on consent before its withdrawal.

Apart from the above information we may also collect other information relating to the following:

1. Transactional history (other than banking details) about your browsing behaviour. 
2. Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services. 
3. Data either created by you or by a third party and which you wish and consent to store on our servers such as image files, documents etc. 
4. When you report a problem with our Website.
5. When you contact us.
6. When you register for or attend a 1:1 call with Us for your queries.

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Information from third parties:

From time to time, we may collect and use information we receive about you from third-parties in connection with your use of our Website or (e.g., name, email address, IP address, location etc). We also use third-parties for reporting and analytics to measure the effectiveness of our Website and marketing efforts, and to identify areas for improvement.

We may combine information we collect from third parties with information you provide us to update, expand or provide you with tailored information regarding our services and content provided on our Website.

Information we collect as you navigate through Our Website:

As You navigate through the Website, We may also automatically collect and store details about your visits on Our Website, including your IP address, usage patterns, traffic data, location data, logs and other communication data and the resources that you access, as well as information about your computer and internet connection, including your operating system and browser type. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized User experience.

We also collect some of this information using cookies and similar tracking technologies. For detailed information, please see our Cookie Policy (Client to insert the link here).

The information is collected by Us so as to be able to provide better services to our Users. However, we will normally collect personal information and personal data from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. If in any case, any personal information or data which has to be processed beyond the consent given by you, then we may notify you the same.

    How We Use your Personal Information:

We may use information that we collect about you for the following purposes:

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Use of Your Personal Information:

We use Your personal information to provide You Our Website as a registered User. We use Your personal information to resolve disputes including but not limited to User complaints with respect to our product listings, troubleshoot problems, help promote a safe and reliable service to You, receive payment from You and remit to You any refund / credit points (if any, at Our discretion) in case of complaints received with regards to the product(s) listed on Our Website, measure User interest in the products listed on our Website, inform You about any of our services or updates, customize our Website experience or using our Website, detect and protect Us against error, fraud and other criminal activity, enforce our Terms of Service and as otherwise informed to You at the time of collection of such information.

In our efforts to continually improve our Website service offerings, We collect and analyse demographic and profile data about our Users' activity on our Website.

We identify and use your IP address to help diagnose problems with our server, if any, and to administer our Website and Mobile Application. Your IP address is also used by Us to help identify You and to gather broad demographic information.

We may also use personal information for reasons including but not limited to:

• To operate, maintain and improve our Website.
• To provide You with information, services that you request from us.
• To carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including without limitation, our Website Terms of Service.
• To notify you about changes to Our Website or obtain any required consent.
• To allow You to participate in interactive features of Our Website, when You choose to do so.
• For industry analysis, marketing, and other business purposes.
• To track Your browsing behaviour, such as the pages You visited over time, for analytics and advertising purposes.
• To communicate with you about the product listings and for any services provided by us with Your permission and/or where permitted by law, We may also use Your personal information for marketing purposes, which may include contacting You by email AND/OR telephone AND/OR text message AND/OR post with information, news, AND/OR services. We will always work to fully protect your rights and comply with our obligations under the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023 or any other act, regulation, treaty applicable to us and you will always have the opportunity to opt-out. If you ask us to contact you about services, we may use your personal information or permit selected third parties to use your personal information to contact you about such services. You can withdraw consent at a later time by clicking on the “unsubscribe” link located in the emails We send You.

Compliance Obligations:

1. Both User(s) and Us shall comply with all requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. With respect to personal data hosted by Us on behalf of a User, under the Information Technology Rules, 2011 the User is the data controller and We are the data processor and under the Digital Personal Data Protection Act, 2023, the User is the data principal and We are the data fiduciary / data processor;
2. You must ensure that, with respect to all your User Content, you have all necessary and appropriate consents and notices in place in order to enable the lawful usage and transfer of personal data to Us for hosting;
3. Any and all personal data processed by Us (as a data processor) on your behalf (as a data principal) in the course of providing our Website shall be processed in accordance with the terms of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Digital Personal Data Protection Act, 2023;
4. We shall at all times endeavour to keep our technical, organisational measures and security safeguards to ensure effective security of the personal data collected through Our Website so as to avoid or minimize any data breach and/or effects of any possible data breach;
5. In the event of occurrence of any data breach on Our part or on the part of the data processor engaged by Us, we shall intimate You and the Board regarding such breach in the manner as may be required under law;

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Confidential Information:

During the course of Your use of our Website, You may receive Confidential Information. You agree that for the term of the Your association with Us and for a period of perpetuity after termination: 

1. all Confidential Information is and will remain the sole and exclusive property of www.ankoornaik.com and the Company thereof save and except for User’s personal data owned by the respective User; 
2. You will use Confidential Information only as is reasonably necessary for Your participation as a User on our Website and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and
3. You will not, directly and/or indirectly (including through a third-party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law; 
4. You will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted as per Terms of Service; and 
5. You will retain Confidential Information only for so long as its use is necessary for participation as a User on our Website or to fulfil Your statutory obligations (e.g. taxation etc.) and in any event whatsoever will delete information so collected / retained by You upon termination of Your association with Us or as soon as the information so collected / retained by You is no longer required for the fulfilment of any statutory obligations.

The foregoing does not restrict Your right to share Confidential Information with a governmental entity that has jurisdiction over You, provided that You limit the disclosure to the minimum necessary extent and explicitly indicate the confidential nature of the shared information to the governmental entity.  

You may not issue any press release or make any public statement related to our Website; You shall also not use our name, trademarks or logo in any way (including but not limited to any promotional material) without Our prior written permission in that regard, in each instance. You shall also not misrepresent or embellish the relationship between You and Us in any way. 

Generally, You shall not use such data which is in any way inconsistent with applicable law for the time being in force. You must keep all data belonging to Us as confidential, at all times.

Retention of Personal Information:

Our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information. After ceasing to be a User of Our Website, personal information that we process for any purpose or purposes shall not be kept for any time that is beyond the specific purpose for which the personal information was collected or within 30 days after the User has withdrawn his/her Consent or once the subscription of hosting the Website has expired. 

At any time, a User may object to the processing of his/her personal data, on legitimate grounds, except if otherwise permitted by applicable law. A User may withdraw his/her Consent to provide any or all personal data or decline to provide any permissions on its Website as covered above at any time. In such a case, a User chooses to do so then such User’s access to Our Website may be limited, or We might not be able to provide the services to such User. A User may withdraw your consent by sending an email to clarity@ankornaik.com. All such personal data is erased from Our system and servers and from the system and servers of our vendors who are our data processors. Retention of Personal Information prior to erasure shall be subject to all the Exceptions as stated hereinabove.

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Rights qua personal information:

User shall have a right to make a request to us in writing for the following:

1. A summary of personal data of the User themself which is being processed by Us and the processing activities undertaken by Us with respect to such personal data; 
2. the identities of all data processors with whom the personal data has been shared by Us, along with a description of the personal data so shared;
3. access Your Personal Information from your user/registered Account with Us; 
4. User may also correct/alter/modify/update/complete/request for erasure of Your personal information (except some mandatory fields) from your user account directly or sending request on (e-mail) which will be processed by Us within 15 (fifteen) days. If you don’t have such a user Account, then you can write to Us at moreclarity@ankoornaik.com (e-mail);
5. grievance redressal provided by Us or Consent Manager regarding the performance of Our obligations in relation to the personal data of such User or the exercise of User’s rights under Digital Personal Data Protection Act, 2023 and the rules made thereunder;
6. In the event of death or incapacity of the User, the User shall have a right to nominate any individual to exercise the rights of the User as may be available to the User under law.

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Obligations of User:

User shall not post, publish, transmit, alter/modify or share any information on Our Website which is:

1. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
2. is misleading in any way;
3. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
4. promotes illegal activities or conduct that is abusive or threatening;
5. belongs to another person and User does not have any right on the same and/or infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
6. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
7. contains video, photographs, or images of another person (with a minor or an adult);
8. attempts / tries to gain unauthorized access or exceeds the scope of authorized access to Our Website or solicits passwords or personal identifying information for commercial and/or unlawful purposes from other users;
9. interferes with another User's usage of Our Website;
10. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy;
11. violates any law for the time being in force;
12. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
13. shall not be false, inaccurate or misleading;
14. that shall not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
15. not suppress any material information while providing its personal data to Us;
16. furnish all information which is verifiably authentic regarding the User;
17. not register any false or frivolous complaints or grievances with Us and/or with the Board.

In the event any dispute that may arise between User and any third-party(ies), then We – being the Company and/or the Website Provider shall not be held liable and/or responsible in any manner whatsoever at any time in that regard.

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Sharing of Your Personal Data:

We may share Your personal information received thorough our Website with Our employees, service providers, vendor partners, group companies/entities - parent companies / holding companies, subsidiaries, representatives, consultants and affiliates. These entities and affiliates may share marketing information with You as a result of such sharing unless you explicitly opt-out.

Save and except as mentioned hereinabove and as mentioned in the Notice / Consent Form, We will not share any of your personal information with any third parties. This disclosure may be required for Us to provide You access to our Website, to comply with Our legal obligations, to enforce Our Terms of Service, to facilitate Our marketing and advertising activities, for service recovery purposes, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities, if any, related to Our Website. We do not and shall not disclose Your personal information to third parties for their marketing and advertising purposes without Your explicit Consent. In some limited circumstances, we may be legally required to share certain personal information, which might include Yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. 

We may disclose Your personal information if required to do so by law or if We may in good faith believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose Your personal information to law enforcement offices, any rights owned by third party/ies, or others in the good faith belief that such disclosure is reasonably necessary to: 

• enforce our Terms of Service or this 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.

However, it is to be noted that section 69 of the Act, along with section 17 of Digital Personal Data Protection Act, 2023 which is an exception to the general rule of maintenance of privacy and secrecy of the information, provides that where the Government is satisfied that it is necessary in the interest of:

• the sovereignty or integrity of India;
• defence of India;
• security of the State;

• friendly relations with foreign States;
• public order;
• prevention, detection, investigation, prosecution or incitement to the commission of any cognizable offence relating to above, or
• for investigation of any offence.
• enforcing any legal right or claim, or
• ordered by any court or tribunal or any other judicial or quasi-judicial or regulatory or supervisory body in India, or
• personal data of Users not situated within the territory of India is processed pursuant to any contract entered into with any person outside the territory of India by any person based in India, or 
• a scheme of compromise or arrangement or merger or amalgamation of two or more companies or a reconstruction by way of demerger or otherwise of a company, or transfer of undertaking of one or more company to another company, or involving division of one or more companies, approved by a court or tribunal or other authority competent to do so by any law for the time being in force, or
• ascertaining the financial information and assets and liabilities of any User who has defaulted in payment due on account of a loan or advance taken from a financial institution, or
• research, archiving or statistical purposes if the personal data is not to be used to take any decision specific to a User.

1. It may by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. This section empowers the Government to intercept, monitor or decrypt any information including information of personal nature in any computer resource.

2. Where the information is such that it ought to be divulged in public interest, the Government may require disclosure of such information. Information relating to anti-national activities which are against national security, breaches of the law or statutory duty or fraud may come under this category.

We and Our affiliates will share some or all of your personal information with another business entity should We (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to Your personal information.

Security and Protection of Information: 

We employ stringent security measures in place to protect the loss, misuse, and alteration of the information under Our control. Whenever You change or access Your account information, We offer the use of a secure server which is based and operated in India. Once Your information is in our possession We adhere to strict security guidelines, protecting it against unauthorized access.

Information from Third-Party Websites 

As mentioned earlier with respect to scope of this Policy, this Policy does not apply to any third-party websites. Our Website may link to websites that are not owned or controlled by Us. As such, this Policy does not apply to information collected on any third-party website or by any third-party application that may link to or be accessible from Our Website. This Privacy Policy does not apply to information collected by our business partners or by Us via an offline mode and other third-parties or third-party applications or services, even if this information is collected using our Website.

Choice/Opt-Out:

We provide all Users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from Us, after the User sets up an Account on our Website.

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Changes to this Privacy Policy:

We may change the terms of this Privacy Policy from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on our Website and you will be deemed to have accepted the terms of the Privacy Policy on your first use / continued usage of our Website following the changes/alterations. We recommend that you check this Policy regularly to keep up-to-date.

This Privacy Policy shall at all times be read in consonance with the Terms of Service agreed and accepted by the User.

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Effective Date: 25th September, 2023