PRIVACY POLICY

LAST UPDATED ON 7 OCTOBER 2023

The domain name www.chiyaa.in (“Website”) is a site operated by Chiyaa Clothing, a company incorporated under laws of India.

Chiyaa takes privacy protection of their customers very seriously. We operate on the highest standards in this regard because we value the trust you have a place in us. We strive to ensure that we treat all information provided by you with the highest diligence and integrity.

Through this document, we wish to make you feel safe and comfortable while using our website. We want to make you fully aware of certain data/information that we will be collecting from you so that you feel confident sharing that particular information with us.

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND CHIYAA CLOTHING. (“Chiyaa”) IN ELECTRONIC FORM, BY CLICKING ON THE "I ACCEPT" TAB OR BY USE OR THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND FG FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Chiyaa as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

CHIYaa and its subsidiaries and affiliates and Associate Companies and includes the brand “CHIYAA” (individually and/ or collectively, " Chiyaa ") is/are concerned about the privacy of the data and information of users (buyers/customers/browsers whether registered or non- registered) accessing, or purchasing products or services on Chiyaa's websites, mobile sites or mobile applications ("Website") on the Website and otherwise doing business with Chiyaa . "Associate Companies" here shall have the same meaning as ascribed in Companies Act, 2013.

The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of Chiyaa and the terms "You" / "Your" / "Yourself" refer to the users.

This Privacy Policy is a contract between You and the respective Chiyaa entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and conditions of the respective Chiyaa entity and its respective Website or nature of business of the Website.

Chiyaa has provided this Privacy Policy to familiarize You with the type of data or information that You share with or provide to Chiyaa and that Chiyaa collects from You; The purpose for collection of such data or information from You; Chiyaa's information security practices and policies; and Chiyaa's policy on sharing or transferring Your data or information with third parties.

This Privacy Policy may be amended / updated from time to time. Upon amending / updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.

1. Information collected and storage of such Information:

   The Information (which shall also include data) provided by You to Chiyaa or collected from You by Chiyaa may consist of "Personal Information" and "Non-Personal Information".

   1. Personal Information

      Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:

      • Your name,
      • 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),
      • Internet Protocol address,
      • Identification code of your communication device which You use to access the Website or otherwise deal with any Chiyaa entity,
      • Any other Information that You provide during Your registration process, if any, on the Website.
      • NO 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 shall be collected.

      Such Personal Information may be collected in various ways including during the course of Your interaction with Chiyaa’s Website and includes the following:

      • Registering as a user on the Website,
      • Availing certain services offered on the Website. Such instances include but are not limited to making an online purchase, participating in any online survey or contest, communicating with Chiyaa's customer service by phone, email or otherwise or posting user reviews on the Content available on the Website, or
      • Otherwise doing business on the Website or otherwise dealing with any Chiyaa entity.

      We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access Website through a social media service or connect a service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Website or otherwise deal with any Chiyaa entity through social media services or when you connect any Website to social media services, you are authorizing Chiyaa to collect, store, and use and retain such information and content in accordance with this Privacy Policy.

   2. Non-Personal Information

      Chiyaa may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Chiyaa to identify You personally.

      This Non-Personal Information may include:

      • Your geographic location,
      • Details of Your telecom service provider or internet service provider,
      • The type of browser (Internet Explorer, Firefox, Opera, Google Chrome 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.

      Non-Personal Information is collected through various ways such through the use of cookies/web beacons/embedded scripts and security software used for security and fraud detection purposes. Chiyaa may store temporary or permanent "cookies" on Your computer. You can erase or choose to block these cookies from Your computer. By accessing Chiyaa’s website You agree to the download/storage of cookie’s on your computer system which you may turn off according to the “Cookie Policy”. You can configure Your computer’s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website. You also agree by the use of the Website to allow Chiyaa to place cookies upon your computer system and use cookies/web beacons/embedded scripts and security software used for security and fraud detection purposes to collect information about You.

      Ads: Chiyaa may use third-party service providers to serve ads on Chiyaa's behalf 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.

      Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.

      You hereby represent to Chiyaa that:

      • The Information You provide to Chiyaa 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 Chiyaa.
      • Your providing the Information to Chiyaa and Chiyaa'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.

      Chiyaa and each of Chiyaa entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Chiyaa. You shall indemnify and hold harmless Chiyaa and each of Chiyaa entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.

      Your Information will primarily be stored in electronic form however certain data can 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.

2. Collection, Use and Processing of Your Information

   Chiyaa 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 each of Chiyaa entities and shall include the following:

• To facilitate Your use of the Website or other services of Chiyaa entities;
• To respond to Your inquiries or fulfill 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 Chiyaa;
• To send You important information regarding the Website, and administrative information;
• To send You surveys and marketing communications that Chiyaa 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 issues encountered on the Website including addressing any technical issues;
• If You purchase any product or avail of any service from the Website, to complete and fulfill Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
• 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. Single Sign On shall mean 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 Chiyaa or third party service providers and business associates;
• To analyze how Our services are used, to measure the effectiveness of advertisements, and to facilitate payments;
• To conduct academic research and surveys
• To protect the integrity of the Website;
• To respond to legal, judicial, quasi-judicial processes 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 Chiyaa.
• To enable a potential buyer or investor to evaluate the business of Chiyaa.

[Individually and collectively referred to as ("Purposes")]
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Chiyaa entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
     3.Sharing and disclosure of Your Information

• You hereby unconditionally agree and permit that Chiyaa may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Chiyaa entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law.
• Chiyaa may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programmes or initiatives launched by Chiyaa, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards, payment wallet etc. to enable You to make payments for buying products or availing services on Chiyaa via an online purchase. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments. You are required to review the third party policies for any further clarifications in this regard.
• Chiyaa may also share Personal Information if Chiyaa 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.
• 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.
• 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.Information deletion clause:
5. Links to third party websites

• 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, Chiyaa unless expressly specified on the Website.
• Chiyaa is not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Chiyaa does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Chiyaa control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Chiyaa of the third party websites, the website’s provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that You review the privacy policy of such third party websites prior to using such websites.

6. Security & Retention

• The security of your Personal Information is important to us. Chiyaa 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, Chiyaa adopts commercially reasonable electronic, physical and procedural controls which may include 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 Chiyaa stores Your Personal Information. Each of the Chiyaa entities shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. You hereby waive and release all Chiyaa entities from any claim of damages under contract or under tort.
• At present Chiyaa does not store your credit card information, and all online purchasing is undertaken under the sole liability and responsibility of the payment gateway.
• Chiyaa 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, Chiyaa is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Chiyaa is not 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).
• Notwithstanding anything contained in this Policy or elsewhere, Chiyaa 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. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Chiyaa and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Chiyaa), power or electricity failure or unavailability of adequate power or electricity.
• While We will endeavor 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.
• You agree that all Personal Information shall be retained till such time required as required by Chiyaa. Non-Personal Information will be retained indefinitely.
• All data is stored within servers present in the Republic of India and/or cloud servers. You give your explicit permission for your data to be stored on these servers, notwithstanding the law prevalent in the country wherein You are located.

7. User discretion and opt out

• You agree and acknowledge that You are providing your Information out of your free will. In such case You do not wish to do so, You should neither visit any Website nor use any services provided by Chiyaa entities nor shall contact any of Chiyaa entities. Further, Chiyaa may deny you access from using certain services offered on the Website.
• You can add or update Your Personal Information on regular basis. Kindly note that Chiyaa would retain Your previous Personal Information in its records.
• If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Chiyaa's Terms of Use, Term of Sale and other terms and conditions or polices of any Chiyaa entity, please contact the following: E-mail: chiyaa.in@gmail.com

 The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.

8. Business / Assets Sale or Transfers

• Chiyaa may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Any third party to which any Chiyaa entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
• 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

That You acknowledge that:

1. The present document is clear and easily accessible and provides statements of Chiyaa policies and practices with respective to the Information;
2. The content displayed on the Website (“Content”), trademarks, logos and service marks displayed on the Website ("Marks") are the property of Chiyaa or their vendors or respective third parties. You are not permitted to use the Contents and/or the Marks without the prior consent of Chiyaa, the vendor or the third party that may own the Content and/or the Marks.
3. The present document provides for the various types of personal or sensitive personal data of information to be collected;
4. The present document provides for the purposes of collection and usage of the Information;
5. The present document provides for disclosure of Information; and
6. The present document provides for reasonable security practices and procedures.

10. COMPLIANCE

• EU General Data Protection Regulation (GDPR)

  The processing of your data is either based on your consent or in case the processing is necessary for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract, cf. GDPR art. 6(1)(a)-(b).

  If the processing is based on your consent, you may at any time withdraw your consent by contacting us using the contact information in clause 1.

  In order to enter into a contract regarding the purchase of Chiyaa’s Service/Goods, you must provide us with the required personal data. If you do not to provide us with all the required information, it will not be possible to deliver the Service/Goods.

• California Online Privacy Protection Act Compliance

  Because Chiyaa values your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute any personal information to outside parties without your consent except as stated in clause 2 and 3.

  As part of the California Online Privacy Protection Act, all users of our website may make any changes to their information at any time by logging into their account and navigating to the “profile page”.

• Children’s Online Privacy Protection Act Compliance

  Chiyaa is in compliance with the requirements of the Children’s Online Privacy Protection Act. We will not intentionally collect any information from anyone under 13 years of age. Our website, products and services are all directed at people who are at least 13 years old or older.

• Information and Technology Act, 2000 alongwith relevant Directives

  Chiyaa is compliant with all privacy directives as under the Information and Technology Act, 2000 alongwith the Reasonable security practices and procedures.           

Changes to this privacy policy

Chiyaa has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and if you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us on mail-chiyaa.in@gmail.com