1. Who is Luxepolis?
- 43A of the Information Technology Act, 2000;
- Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and
- Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
- The type of information collected from the visitors of the Website and the end users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information; and
- How and to whom Luxepolis will disclose such information.
3. What is personal information?3.1 Generally some of the Services require us to know who you are so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. “Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
3.2 The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:
(ii) financial information such as bank accounts, credit and debit card details or other payment instrument details;
(iii) physical, physiological and mental health condition;
(iv) sexual orientation;
(v) medical records and history;
(vi) biometric information;
(vii) information received by body corporate under lawful contract or otherwise;
(viii) visitor details as provided at the time of registration or thereafter; and
(ix) call data records.
3.3 Notwithstanding anything to the above Clause 3.2, Personal information includes (but is not limited to) the following categories of information:
(i) contact data (such as your email address and phone number);
(ii) demographic data (such as your gender, your date of birth and your zip code);
(iii) insurance data (such as your insurance carrier and insurance plan); and
(iv) other information that you voluntarily choose to provide to us, such as Personal information in emails or letters that Users send us.
3.4 Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.
4.3 User can access, modify and correct the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If User updates any of his/her/its information, Luxepolis may keep a copy of the information which User originally provided to Luxepolis in its archives. User may exercise these rights by emailing luxepolis.com at firstname.lastname@example.org or email@example.com.
4.4 Luxepolis may require the User to pay with a credit card, wire transfer, debit card or cheque/cash. Luxepolis will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, Luxepolis provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion while using the same.
4.5 Due to the communications standards on the Internet, when a User or anyone who visits the Website, Luxepolis automatically receives the URL of the site from which anyone visits. Luxepolis also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a user used to access the World Wide Web), User’s computer operating system and type of web browser the user is using, email patterns, as well as the name of user’s ISP. This information is used to analyze overall trends to help Luxepolis improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with third parties. Notwithstanding the above, Luxepolis may share some of the aggregate findings (not the specific data) in anonymized form with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
4.6 The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Luxepolis and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Luxepolis may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies, however, do not store any personal information of the User.
4.7 A User may have limited access to the Website without creating an account on the Website. Unregistered Users access the Website by providing their name and phone number. In order to have access to all the features and benefits on the Website, a User must first create an account on the Website. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including Luxepolis, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from Luxepolis, is optional. Luxepolis may, in future, include other optional requests for information from the User to help Luxepolis to customize the Website to deliver personalized information to the User. However, Luxepolis assumes your consent in relation to various matters, once you complete the registration process.
4.9 The Website may enable the User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Luxepolis representatives or agents, and their opinions or statements do not necessarily reflect those of Luxepolis, and they are not authorized to bind Luxepolis to any contract. Luxepolis hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
4.10 Luxepolis does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each User must agree to under the Terms in order for Luxepolis to effectively render the Services).
4.11 Luxepolis has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to phone or tablet devices containing local storage of information, Luxepolis shall not be held liable for any loss whatsoever incurred by the User.
4.12 Luxepolis will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when Luxepolis, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply our Terms.
5.2 Luxepolis makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
5.3 Part of the functionality of Luxepolis is to maintain and organise such information. Luxepolis may, therefore, retain and submit all such records to appropriate authorities.
5.4 Notwithstanding the above, Luxepolis shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of Luxepolis including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service etc.
7.2 If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.
7.3 Luxepolis reserves its right to bring about changes or to remove any features/functions of the Website due to changes in Government regulations and other local laws applicable.
Name: Luxepolis Retail Service Private Limited
D-2 Poddar Chambers,
Mathuradas Mills Compound,
Tulsi Pipe Road,
Lower Parel (West) Mumbai - 400013