In this Privacy Notice, the following definitions are used:
“Data” shall mean personal information, including sensitive personal information and special category personal data (as defined under Data Protection Laws) about you, which we collect, receive or otherwise process in connection with your use of our website and/or the Platform.
“Cookies” means a small file placed on your device by our website or Platform when you either visit or use certain features of our website or Platform. A cookie generally allows a website or mobile application to remember your actions or preference for a certain period of time.
“Data Protection Laws” shall mean any applicable law for the time being in force relating to the processing of Data.
“Service Providers” includes entities which provide services to and to whom we may disclose your Data for a specific purpose pursuant to a written contract.
“Aurum Group Entity” shall mean Aurum RealEstate Developers Limited, and its subsidiaries, affiliates, associate companies and joint venture companies.
“User or you” shall mean the natural person who accesses our website or Platform.
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
e) The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting any part of the Platform/Website constitutes the User's full and final acceptance of the Policy and the aforementioned Terms.
f) The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website/Platform.
2. WHAT WE COLLECT
This Data includes, without limitation, the following categories:
(a) Contact information: first and last name, email address, postal address, country, phone number and other similar contact data.
(b) Financial information: payment instrument information, transactions, transaction history, preferences, method, mode and manner of payment, spending pattern or trends, and other similar data.
(c) Technical information: website, device and mobile app usage, Internet Protocol (IP) address and similar information collected via automated means, such as cookies, pixels and similar technologies.
(d) Product and service information: Your website or Platform account number, registration information, and program-specific information, when you request products and/or services directly from us or participate in marketing programs.
(e) Your reviews, feedback and opinions about our products, programmes and services.
(f) Loyalty programme information: your loyalty information, account details, profile or password details and any frequent flyer or travel partner programme affiliation.
(g) Transaction information: date of the transaction, transaction amount, transaction history and related details;
(h) Other information (which may include sensitive personal information or special category personal data): Age, sex, date of birth, marital status, nationality, details of government identification documents provided, occupation or any other personal information provided by you.
The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Website, including but not limited to the User's user name, passwords, email address, name, address, age, date of birth, sex, nationality, shopping preferences, browsing history, etc., as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the Company/Platform to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Website to make its user's experiences safer and easier.
If the User chooses to post messages / reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Website/Platform as permitted by applicable laws.
Nothing contained herein shall be deemed to compel the Website/Company/Platform to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Website/Company/Platform to remove from the Website any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
3. HOW WE COLLECT DATA
We collect Data in the following ways:
a. Information You Give Us: We receive and store any information you enter on our website or Platform or give us in any other way. Please see the section below, titled “Data Shared by You” for more information.
b. Automatic Information We Collect: We use “cookies”, pixels and similar technologies to receive and store certain types of information whenever you interact with us. Please see the section below, titled “Data That is Collected Automatically” for more information.
c. E-mail Communications: We often receive a confirmation (if your device supports such capabilities) when you open e-mail from us or click on a link in the e-mail. You can choose not to receive marketing emails from us by clicking on the unsubscribe link in any marketing email.
d. Automatic Information We Collect from Other Websites: We receive and store certain types of information when you interact with third-party websites that use our technology or with whom we have a specific agreement.
e. Information from Other Sources: We may obtain information from other sources. An example of this is when you authorize a third-party website (such as the website of another Aurum Group Entity) to interact directly with our website or Platform to provide or receive information about you. In that case, we may receive information to identify your account with that website.
You can make choices about our collection and use of your Data. For example, you may want to access, edit or remove your Data on our website or Platform. When you are asked to provide Data, you may decline. For more information, please see the section below, titled “Your Rights and Choices”.
The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User's login identification, password, etc. The User is aware that the Website/Platform places both permanent and temporary cookies in the User's computer's hard drive and web browser, and does hereby expressly consent to the same.
4. DATA SHARED BY YOU
Platform may collect your Data in several ways from your use of our website or Platform. For instance:
(a) when you register with us to receive our products and/or services;
(b) when you conduct a transaction or attempt a transaction on our website or Platform;
(c) when you complete surveys conducted by or for us;
(d) when you elect to receive any communications (including promotional offers) from us;
(e) from the information gathered by your visit to our website or Platform;
5. DATA THAT IS COLLECTED AUTOMATICALLY
(a) We automatically collect some information when you visit our website or use Platform. This information helps us to make improvements to our content and navigation. The information collected automatically includes your IP address.
(b) Our web servers or affiliates who provide analytics and performance enhancement services collect IP addresses, operating system details, browsing details, device details and language settings. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. We use this information to measure the site usage, improve content and to ensure safety and security, as well enhance performance of our website or Platform.
(c) We may collect your Data automatically via Cookies, pixels and similar technologies in line with settings on your browser. For more information about Cookies, please see the section below, titled “Cookies, Pixels and Similar Technologies”.
(d) We automatically collect Log Data which may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our Website and / or Mobile App, sign into our Services, or interact with our email notifications. We use Log Data to provide our Services and to measure, customize, and improve them. This policy does not apply to, nor do we take any responsibility for any information that is collected by any third party either using the Services or through any links on the Website and / or Mobile App or through any of the advertisements.
6. WITH WHOM WE SHARE THE PERSONAL AND SENSITIVE INFORMATION
(a) The User is aware that the Website/Platform may share the User's personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website's services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
(b) The User is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the User's personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or 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 its users, or the general public.
(c) The User is further aware that the Website/Company and its affiliates may share / sell some or all of the User's personal information with other business entities should the Company/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company's business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
7. OUR USE OF DATA
Data collected by us may be used by us for the following reasons:
(a) carry out our obligations arising from any contract entered into between you and us;
(b) provide products and/or services and communicate with you (including through WhatsApp) about products and/or services offered by us including processing any payment transactions;
(c) enable Aurum Group Entities and Partners to offer their products and/or services and communicate with you about such products and/or services;
(d) process, disclose, transmit, and/or share the Data with Aurum Group Entities, and other third parties which have business or contractual dealings with us;
(e) provide you with offers (including for financial products and/or services), personalized services and recommendations and improve your experience on our website and Platform, including, where permitted under applicable law, by storing and/or using your payment information to enable future transactions on Platform to run more smoothly;
(f) operate, evaluate and improve our business, website and Platform;
(g) generate aggregated data to prepare insights to enable us to understand customer behaviour, patterns and trends with a view to learning more about your preferences or other characteristics;
(h) provide marketing and promotional campaigns to you based on your profile;
(i) communicate with you (including to respond to your requests, questions, feedback, claims or disputes) and to customize and improve our services;
(k) protect against and prevent fraud, illegal activity, harm, financial loss and other legal or information security risks; and
(l) serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or required by applicable law.
Where required under relevant Data Protection Laws, we may need to ensure that there is a legal basis to justify our processing of your Data. There are a number of different ways that we are lawfully able to process your Data. We have set these out below.
i. Where processing your Data is necessary for us to carry out our obligations arising from any contracts entered into between you and us: If you enter into a contract with us in relation to any of our product or service offerings, including products or service offerings we offer to you directly on Platform, we may process certain Data about you in order to perform our obligations under this contract, including to enable us to communicate with you about such products and/or services and to process your payment transactions.
ii. Where processing your personal information is within our legitimate interests: We can process certain Data where it is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of yours which require protection of your Data. The ways in which we may process your Data for the purposes of our legitimate interests include:
(b) generating aggregated data to prepare insights to enable us to understand customer behaviour, patterns and trends with a view to learning more about your preferences or other characteristics;
(c) improving our website and Platform and ensuring that they run smoothly;
(d) providing you with offers, personalized services and recommendations and improving your experience on our website and Platform;
(e) protecting against, and preventing, fraud, illegal activity, harm, financial loss and other legal or information security risks;
(f) providing marketing and promotional campaigns to you based on your profile;
(g) where permitted under applicable law, storing and/or using your payment information, including payment instrument information, information about your transactions, transaction history, preferences, method, mode and manner of payment and other similar data (collectively, “Payments Data”) for future transactions on Platform and to inform a third-party merchant, whose site or application you visit, when you have an account on Platform that can be used for making payment to such merchant;
(h) communicating with you (including responding to your requests, questions, feedback, claims or disputes) and customizing and improving our services;
(i) operating, evaluating and improving our business;
(j) enabling Aurum Group Entities and Partners to offer their products and/or services and to communicate with you about such products and/or services; and
(l) processing, disclosing, transmitting, and/or sharing the Data with Aurum Group Entities, and other third parties which have business or contractual dealings with us.
iii. Where you give us your opt-in consent to process your personal information: In certain circumstances, where required under relevant Data Protection Laws, we will seek to obtain your consent before we undertake certain processing activities with your Data.
iv. Where required under relevant Data Protection Laws (e.g. under direct marketing legislation), we will obtain your opt-in consent prior to sharing your Data with third parties and carrying out certain marketing activities (unless we are permitted by relevant Data Protection Laws to contact you without your opt-in consent in relation to goods and services which are similar to those which you have already purchased, used or interacted with).
You have the right to withdraw your consent to these activities. You can do so at any time, and details of how to do so can be found in the section below, titled "Your Rights and Choices".
v. Where processing your personal information is necessary for our compliance with a legal obligation: In certain circumstances, we may disclose your Data for the purposes of compliance with a legal obligation (for example, to comply with a law, regulation or compulsory legal request). We do not think that any of the above activities prejudice you in any way. However, you do have the right to object to us processing your personal information in certain circumstances. If you would like to know more about these circumstances and how to object to our processing activities, please see the section below, titled "Your Rights and Choices".
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your Data.
vi. Further, where required under relevant Data Protection Laws, we will only process special category personal data’ (as defined under Data Protection Laws) if there is a valid legal basis, which might involve obtaining your explicit consent.
Our website and Platform do not offer products or services for use by minors. If you are under 18, you may use our website or Platform only with the involvement of a parent or guardian.
9. SHARING OF DATA
We may share your Data with the following (and for the purposes of relevant Data Protection Laws, we may do so either as a controller in our own right or as a processor on behalf of and under the instructions of another entity in accordance with our obligations under our agreement with that entity):
(a) Partners: We may make available to you services, products, or applications provided by Partners for use on or through our website or Platform. If you choose to use such services, products or applications, Data related to these uses may be shared with such Partner.
(b) Aurum Group Entities: We may share your Data with Aurum Group Entities for them to make their products, services and /or applications available to you, to assist them in reaching out to you in relation to their programs or campaigns and to process your queries and requests. If such Data is sensitive personal information or special category personal data, we will only share such Data with Aurum Group Entities with your consent. Their use of your Data is subject to their own privacy policies.
(c) Service Providers: We may share your Data with Service Providers who may, in the course of providing their respective services, receive and process Data. Examples include storing and analyzing Data, protecting and securing our systems, providing search results and links, providing customer service, credit analysis, processing your Data for profiling, user analysis and payment processing.
These Service Providers will be required to only process Data in accordance with our instructions. The Service Providers will also be required to safeguard the security and confidentiality of the Data they process by implementing appropriate technical and organizational security measures.
(d) Protecting Aurum: We may release Data when we believe that disclosure is reasonably necessary (a) to comply with a law, regulation or compulsory legal request; (b) to protect Aurum Group Entity's intellectual property rights; (c) to protect Aurum against harm or financial loss; (d) when we believe disclosure is necessary to protect individuals’ vital interests, or (e) in connection with an investigation of suspected or actual fraudulent or illegal activity. This may include exchanging information with other companies and organizations for fraud protection, risk management and dispute resolution.
(e) Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. Your Data may be transferred as part of such transactions.
(f) Third Parties: We may also share your Data with other third parties where:
a) You request or authorize us to do so;
b) We need to comply with applicable law or respond to valid legal process; or
c) We need to operate and maintain the security of our website or Platform, including to prevent or stop an attack on our computer systems or networks.
10. KEEPING DATA SECURE
We will use technical and organizational measures to safeguard your Data and we store your Data on secure servers. Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your Data, please let us know immediately by contacting us by e-mail.
The security of your Platform account depends on you keeping your account password(s), PINs and other access information confidential. If you share your account information with a third party, they will have access to your account and your Data.
It is your responsibility to control access to your mobile device and Platform on your device, including keeping your password(s) and/or PIN confidential and not sharing it with anyone. It is also your responsibility to alert us if you believe that the security of your Data in Platform or App has been compromised.
11. RETENTION OF DATA
ASSPL retains Data for as long as necessary for the use of our products and/or services or to provide access to and use of our website or Platform, or for other essential purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements and as long as processing and retaining your Data is necessary for our legitimate interests. Because these needs can vary for different data types and purposes, actual retention periods can vary significantly.
Even if we delete your Data, including on account of exercise of your right as specified here in below, it may persist on backup or archival media for audit, legal, tax or regulatory purposes.
12. WHERE WE STORE DATA
We may transfer your Data to recipients in India, where we are headquartered, and other countries. These countries may not have the same data protection laws as the country in which you initially provided the information. If we transfer your Data to other countries, we will protect that information as described in this Privacy Notice, as disclosed to you at the time of data collection or as described in our program-specific privacy notice.
If the GDPR/United Kingdom’s version of the GDPR applies to our processing of your Data, we will only process and/or transfer Data outside of the European Economic Area/United Kingdom where it is compliant with Data Protection Laws and the means of transfer provides adequate safeguards in relation to your Data, including for example:
(a) by way of a data transfer agreement incorporating the current relevant standard contractual clauses adopted in the European Economic Area/United Kingdom; or
(b) by transferring your Data to a country where there has been a finding of adequacy by the European Commission in respect of that country’s levels of data protection via its legislation; or
(c) where it is necessary for the conclusion or performance of a contract between us and a third party and the transfer is in your interests for the purposes of that contract; or
(d) where you have consented to the data transfer.
13. YOUR RIGHTS AND CHOICES
Depending on which country’s laws are applicable to you, you may have various rights in relation to the Data that we hold about you. To get in touch with us about any of your rights under Data Protection Laws, please use the contact details set in the section below, titled “How to Contact Us”. We will seek to deal with your request without undue delay, and in any event, within any time limits provided for in Data Protection Laws (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise. Where we are legally permitted to do so, we may refuse your request.
You may be entitled to the following rights in relation to your Data:
a) Right to Confirmation and Access - you may ask us to confirm what Data we hold about you at any time, and request us to modify, update or delete such Data. You may also request a copy of the Data we hold about you.
b) Right to Rectification - you have the right to request that we rectify any inaccurate or incomplete Data that we hold about you, including by means of providing a supplementary statement.
c) Right to be Erasure - you have the right to request that we "erase" your Data in certain circumstances.
d) Right to Restrict Our Use of your Data - you have the right to request that we restrict our processing of your Data in certain circumstances, for example if you dispute the accuracy of the Data that we hold about you or you object to our processing of your Data (including where we process your Data for our legitimate interests, where permitted under applicable law).
e) Right to Object – this right enables you to object to us processing your Data where we do so for certain reasons.
f) Right to Data Portability - you have the right to request that we transfer your Data to another third party. This right of data portability only applies to certain types of Data.
g) Right to Withdraw Consent – where we have obtained your consent to process your Data for certain activities, you may withdraw this consent at any time and we will cease to carry out that particular activity that you previously consented to unless we consider that there is an alternative legal basis to justify our continued processing of your Data for this purpose.
h) Right to File Complaints – you have the right to lodge a complaint with the relevant supervisory authority in your jurisdiction.
To get in touch with us about these rights, or for more information about managing your Data and promotional communications, please use the contact details set out in the section below, titled “How to Contact Us”.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold it.
14. PROCESSING YOUR DATA
To ensure that your Data receives an adequate level of protection, we have put in place appropriate written contracts with Aurum Group Entities, Partners and Service Providers that we share your Data with
If any court or competent authority finds that any provision of this Privacy Notice (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy Notice will not be affected.
16. LINKS TO OTHER WEBSITES
Our website and Platform may, from time to time, provide links to websites and applications of Aurum Group Entities and Partners whose privacy practices differ from those of ASSPL. We have no control over such websites and applications and are not responsible for the content of those websites and applications. If you provide Data to any of those websites or applications, then the use your Data is governed by their privacy notices. This Privacy Notice applies to our website and Platform only.
17. COOKIES, PIXELS AND SIMILAR TECHNOLOGIES
Our website and Platform may place and access certain Cookies on your device. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device. We also use pixels and similar technologies to analyse traffic on our website and Platform to improve your experience of using them.
Our business changes constantly and our Privacy Notice will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website and Platform frequently to see recent changes. The updated version will be effective as soon as it is accessible. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.
19. HOW TO CONTACT US
To request to review, update, or delete your personal information or to otherwise reach us, please submit a request by e-mailing us at email@example.com. You may contact us for information on Service Providers, Partners and Aurum Group Entities with whom we may share your Data in compliance with this Privacy Notice and applicable law. We will respond to your request within 30 days.
20. USER'S CONSENT
By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy, including but not limited to the User's consent the Company/Website sharing/divulging the User's information, as per the terms contained here in above in Section 4 of the Policy.
21. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Manjiree Takle
Address: Aurum Building Q1, Gen-4/1, TTC Industrial Area, Thane Belapur Road, Ghansoli, Navi Mumbai – 400710
22. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through Arbitration mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai in the state of Maharashtra, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai shall have exclusive jurisdiction over any disputes arising between the Parties.