Last updated on 13-05-2021.
The website domain, www.zapkey.com, the “Website”) and the [brand/ product/ trademark] Zapkey is owned and operated by Zapkey Technologies Private Limited (“We”, “Us”, “Zapkey”, “Company” or “Our”, which shall mean and include its affiliates, successors and assigns).
Zapkey is concerned about the privacy of the data and information of users (customers whether registered or non-registered) accessing, purchasing products or services on the Website.
- The type of data or information that You share with or provide to Zapkey and that Zapkey collects from You;
- The purpose for collection of such data or information from You;
- Zapkey’s information security practices and policies; and
- Zapkey’s policy on sharing or transferring Your data or information with third parties.
1. Information collected and storage of such information
The "Information" (which shall also include data) provided by You to Zapkey or collected from You by Zapkey may consist of Personal Information and Non-Personal Information.
1.1 Personal Information
- Your address,
- Your telephone number,
- Your e-mail address or other contact information,
- Your date of birth,
- Your gender,
- 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,
- 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 Zapkey, or
- 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,
- availing services offered by Zapkey on the Website,
- availing certain services offered on the Website. Such instances include but are not limited to participating in any online survey or contest, communicating with Zapkey’s customer service by phone, email or otherwise or posting any feeback or reviews on the services or products available on the Website, or
- otherwise doing business on the Website
Kindly note that We will in no event record or store your payment related details like pin numbers and OTP (one time passcodes).
1.2 Non-Personal Information
- Your geographic location,
- details of Your telecom service provider or internet service provider,
- the type of browser (Internet Explorer, Firefox, Opera, Google Chrome, Safari 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,
1.3 Advertisements: Zapkey may use third-party service providers to serve advertisements and promotional content on behalf of Zapkey 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.
1.5 You hereby represent to Zapkey that the Information you provide to Zapkey 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 Zapkey. You’re providing the Information to Zapkey and Zapkey’s 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.
1.7 Your Information will primarily be stored in electronic form; however, certain data may also be stored in physical form. We may store, collect, process and use your data in countries other than 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 commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data. We cannot guarantee the safety of your Information whilst in possession of such third parties (in or outside India). Zapkey shall not be liable to compensate You for any actions, claims, damages, legal proceedings that are initiated in the event Your Information or data has been breached or for any loss or injury whilst in possession of such third parties (in or outside India).
2. Purpose for collecting, using, storing and processing Your Information
Zapkey 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 Zapkey and shall include the following, which shall be individually and collectively referred to as (“Purposes”):
- to facilitate Your use of the Website or other services of Zapkey;
- to respond to Your inquiries or fulfil 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 Zapkey;
- 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 Zapkey 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;
- to provide property listing and other services on the Website;
- for proper administration 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 – which means 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 various programmes and initiatives launched by Zapkey or third party service providers and business associates;
- to analyse how our services are used, to measure the effectiveness of advertisements, to facilitating payments;
- to conduct 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 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 Zapkey;
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of Zapkey or any person on its respective behalf, and the collection of Information is necessary for the Purposes.
3. Sharing and disclosure of Your Information
- 3.1 You hereby unconditionally agree and permit that Zapkey may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to any other third-party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Zapkey under applicable law.
- 3.4 Zapkey may also share Personal Information if Zapkey believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
- 3.5 We reserve the right to disclose your Information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
- 3.6 You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
4. Links to third party websites
- 4.1 Links to third-party advertisements, third-party websites or any third-party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Zapkey unless expressly specified on the Website.
5. Security and Retention
- 5.1 The security of your Personal Information is important to us. Zapkey strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Zapkey adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Zapkey stores Your Personal Information. Zapkey shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release Zapkey from any claim of damages under contract or under tort.
- 5.2 If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
- 5.3 Zapkey may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Zapkey shall not be responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Zapkey shall not be liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third-party websites, even if links to such third-party websites are provided on the Website). Zapkey cannot guarantee the safety of your Personal Information whilst in possession of such third parties, in or outside India, (including any third-party websites, even if links to such third-party websites are provided on the Website). Zapkey shall not be liable to compensate You for any actions, claims, damages, legal proceedings that are initiated in the event Your Information or data has been breached or for any loss or injury caused to You whilst your Information is in possession of such third parties, in or outside India (including any third party websites, even if links to such third party websites are provided on the Website).
- 5.4 Notwithstanding anything contained in this Policy or elsewhere, Zapkey shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
- 5.5 A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Zapkey and shall include, without limitation, sabotage, pandemics, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, order of lockdowns imposed by government restraining function of critical information technology services, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of Zapkey), power or electricity failure or unavailability of adequate power or electricity.
- 5.6 While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
- 5.7 You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
6. User Discretion and Opt Out
- 6.1 You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Zapkey to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of Zapkey as may be notified to You. In such case, You shall neither visit the Website nor use any services provided by Zapkey. Further, Zapkey may deny you access from using certain services offered on the Website. In the event you visit the Website after you have withdrawn Your Consent with respect to your Personal Information, Zapkey shall not be responsible for any loss or injury that may be caused to You.
- 6.2 You can add or update Your Personal Information on regular basis. Kindly note that Zapkey would retain Your previous Personal Information in its records.
7. Grievance Officer
8. Business / Assets Sale or Transfers
- 8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
9. Further Acknowledgements
- 9.1 You acknowledge that the Website is clear and easily accessible and provides statements of Zapkey policies and practices with respective to Your Information;
- 9.2 You acknowledge that the trademarks, logos and service marks displayed on the Website ("Marks") are the property of Zapkey or its affiliates or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Zapkey or its affiliates, the vendor or the third party that may own the Marks;
- 9.3 You acknowledge that the Website provides for the various types of personal or sensitive personal data of information to be collected;
- 9.4 You acknowledge that the Website provides for the purposes of collection and usage of the Information;
- 9.5 You acknowledge that the Website provides for disclosure of Information; and
- 9.6 You acknowledge that the Website provides for reasonable security practices and procedures.