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THIS PRIVACY POLICY IS AN ELECTRONIC CONTRACT AND ELECTRONIC RECORD UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND Mughal Kala (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS CONTRACT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR OTHER MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN RELATIONSHIP BETWEEN YOU AND Mughal Kala FOR USE OF THE WEBSITE AND/OR MOBILE APPLICATION (DEFINED BELOW). THIS PRIVACY POLICY SHALL REMAIN EFFECTIVE AND SHALL CONTINUE TO APPLY TO YOU TILL YOU CONTINUE TO USE Mughal Kala PLATFORM.

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING OF PRIVACY POLICY FOR ACCESS OR USAGE OF THE WEBSITE www.mughalkala.com, MOBILE APPLICATION, DATA & INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO LEARN MORE ABOUT HOW WE COLLECT, USE, STORE, PROCESS, SHARE, TRANSFER, DISCLOSE AND SAFEGUARD THE INFORMATION PROVIDED BY YOU. “Mughal Kala PLATFORM” MEANS EITHER THE WEBSITE www.mughalkala.com OR THE MOBILE APPLICATION IN THE NAME AND SYTLE “Mughal Kala”. THIS PRIVACY POLICY IS INCORPORATED INTO AND SUBJECT TO THE USER AGREEMENT OR TERMS OF USE OF Mughal Kala PLATFORM. BY ACCESSING OR USING Mughal Kala PLATFORM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE PLEASE DO NOT ACCESS OR USE Mughal Kala PLATFORM. BY MERE USE OF Mughal Kala PLATFORM, YOU EXPRESSLY CONSENT TO OUR USE AND DISCLOSURE OF YOUR PERSONAL AND/ OR NON-PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. HENCE YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO Mughal Kala AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000. WHILE OTHER WEBSITES MAY BE DISPLAYED AS LINKS FROM WITHIN Mughal Kala PLATFORM, THOSE SITES ARE OWNED AND OPERATED BY OTHERS, AND THEY MAY HAVE DIFFERENT PRIVACY POLICIES. WHEN VISITING OTHER WEBSITES BY LINKING FROM Mughal Kala PLATFORM, IF YOU HAVE ANY PRIVACY CONCERNS, WE INSIST YOU TO REVIEW THE PRIVACY POLICY OF THOSE WEBSITES. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING OUT OF YOUR VISITS TO THE THIRD PARTY WEBSITES.

Mughal Kala is concerned about the privacy of the data and information of the users (whether registered or unregistered). This Privacy Policy may be amended / updated from time to time and hence we suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your use of the Website will imply your unconditional acceptance of such update s to this Privacy Policy.

1. WHAT INFORMATION IS COLLECTED?

When you access or use Mughal Kala PLATFORM, your following information is collected by us:-

1.1. Certain personally identifiable information (‘Personal Information’), only upon your registration with us. The term Personal Information shall include ‘sensitive personal information or data’ as may be provided under applicable law from time to time and as may be provided by you or collected by us from time to time for the purposes as mentioned herein or as permitted under applicable laws. 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:

1.1.1. Your name, user name along with password;
1.1.2. Your address details with postcodes;
1.1.3. Your telephone number, e-mail address or other contact information;
1.1.4. Your date of birth, gender;
1.1.5. Information about your transaction on Website, sale or purchase history;
1.1.6. Your financial information such as bank account information or credit card or debit card or other payment instrument details;
1.1.7. IP (Internet Protocol) address;
1.1.8. Identification code of your communication device which you use to access the Mughal Kala PLATFORM;
1.1.9. Any other information that you provide during your registration process, if any, with us.
1.2. Such Personal Information may be collected in various ways including but not limited to your:
1.2.1. register as a user with us;
1.2.2. register as a seller with us;
1.2.3. Avail certain services offered by us. Such instances include but are not limited to making an offer, online purchase, participating in any online survey or contest, communicating with our customer service by phone, email or otherwise or posting user reviews on the items available on Mughal Kala PLATFORM, or
1.2.4. On Mughal Kala Otherwise doing business on any Mughal Kala  PLATFORM or otherwise dealing with any Mughal Kala entity.
1.3. We may receive Personal Information about you from third parties, such as social media services, commercially available sources and business partners. If you access Mughal Kala PLATFORM through a social media service or connect a service on Mughal Kala PLATFORM 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 any Website or otherwise deal with us through social media services or when you connect any Website to social media services, you are authorizing us to collect, store, use and retain such information and content in accordance with this Privacy Policy.
1.4. We may also collect certain non-personally identifiable information (‘Non-Personal 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 us to identify you personally.
This Non-Personal Information may include:
1.4.1. Your geographic location;
1.4.2. detail of your telecom service provider or internet service provider;
1.4.3. The type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.);
1.4.4. the operating system of your system, device and the Websites you last visited before visiting the Website, cookie information, your activities on the Website;
1.4.5. The duration of your stay on the Website is also stored in the session along with the date and time of your access; and
1.4.6. Your activities on the Mughal Kala PLATFORM and otherwise during your dealings with us or its entities.
1.4.7. You hereby represent to us that the Information you provide to us from time to time is and shall be authentic, correct, current and updated and you have all the rights, permissions and consents to provide such information or data to us.

2. HOW IS THIS INFORMATION COLLECTED?
2.1. We collect and retain your Personal Information by expressly requesting it from you in the prescribed registration form available on Mughal Kala PLATFORM or in such other manner as may be required for you to access or transact with us. The prescribed registration form needs to be duly filled by you in order to register yourself for the services provided by us.
2.2. We automatically receive and record your non-personal information on our server logs from your browser when you access or visit Mughal Kala PLATFORM, even if you do not register with us.
2.3. Your information will primarily be stored in electronic form however certain data can also be collected and 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 agreement 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.

3. HOW IS THIS INFORMATION USED?

3.1. Information collected is used for various purposes including the following:
3.1.1. To provide our services or other services;
3.1.2. To facilitate your use of Mughal Kala PLATFORM
3.1.3. To enforce our Terms of Use, policies, monitor user activity such as searches or postings and more effectively manage traffic;
3.1.4. To provide customer services, manage user accounts, updates and experience;
3.1.5. To communicate marketing and promotional offers;
3.1.6. To personalize your experience on Mughal Kala PLATFORM by presenting advertisements, products and offers tailored to your preferences;
3.1.7. To send you surveys and marketing communications that we believe may be of interest to you;
3.1.8. To provide value added services;
3.1.9. If You purchase any product or avail of any service from us, 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;
3.1.10. To respond to legal, 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;
3.1.11. To conduct analytical studies on various aspects including user behaviour, user preferences etc.;
3.1.12. For proper administering of Mughal Kala PLATFORM;
3.1.13. To conduct internal reviews and data analysis for us (e.g., to determine the number of visitors to specific pages within Mughal Kala PLATFORM);
3.1.14. To protect the integrity of ours;
3.1.15. To permit third parties who may need to contact customers who have bought products from Mughal Kala PLATFORM to facilitate installation, service and any other product related support;
3.1.16. Implement information security practices;
3.1.17. Determine any security breaches, computer contaminant or computer virus;
3.1.18. undertake forensic of the concerned computer resource as a part of investigation or internal audit;
3.1.19. Tracing a computer resource or any person who has contravened, or is suspected of having or being likely to contravene, any provision of Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by any of our entity;
3.1.20. To troubleshoot;
3.1.21. To do other things as described when we collect the information.
3.2. We collect, use, store and process your information for any purposes 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).

4. HOW IS THIS INFORMATION SHARED AND DISCLOSED?

4.1. We do not sell or rent your Personal Information with third parties except to provide services you’ve requested or when we have your permission, or under the following circumstances:
4.1.1. We use other third parties such as a credit/debit card processing company (payment gateway), pre-paid instrument, to bill you for availing services on Mughal Kala PLATFORM. When you sign up for these services, we will share those personally identifiable information as necessary for the third party to provide that service, including your name, residence and email address.
4.1.2. We provide Non-personal Information to interested third-parties for the purpose of understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality.
4.1.3. We may disclose Personal Information to enforce our policies, respond to claims that a posting or other content violates other’s rights, or to protect anyone’s rights, property or safety.
4.1.4. We use both your Personal Information and certain Non-personal Information to improve the design, quality, appearance and services of Mughal kala and to create new features, functionality, promotions and services by storing, tracking, and analyse user preferences and trends.
4.1.5. We reserve the right to disclose your personally identifiable information when required to do so by law or regulation, or in response to a request from a law enforcement or governmental agency or authority or to establish or exercise our legal rights or defend against legal claims.
4.1.6. We may share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situation involving potential threats to the physical safety of any person, violations of Terms of Use or policies.
4.1.7. If we are acquired by or merged with another company, then we will notify you before information about you is transferred and becomes subject to a different privacy policy.
4.1.8. Any Personal Information posts or comments that you voluntarily disclose with us, such as blogs, chats, forums or on comment pages become publicly available. Your account name is displayed to other users when you send and/or post messages through Mughal Kala PLATFORM. You should note that any comment or other content that you post or send to us becomes a published content and is not considered personally identifiable information and is not subject to this Privacy Policy.

5. HOW SECURE IS THIS INFORMATION WITH YOU

5.1. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is hundred percent secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
5.2. Your right to claim damages shall always be limited to the right to claim only statutory damages under Information Technology Act, 2000 and you hereby waive and release us from any claim of damages under contract or under tort.
5.3. If you choose a payment gateway or pre-paid instrument to complete any transaction on Website then your card data or other details 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).
5.4. We may provide access to your personal information to our employees, agents, authorised representatives only on a need to know basis to perform their jobs and to serve you better.
5.5. Users who use any of the features on Mughal Kala PLATFORM agree and accept that they have been fully informed by us that the use of features may lead to publication, to all our users, of any Personal Information posted by them while using any specific feature on Mughal Kala PLATFORM. Users further agree that the authenticity of, and consequences from the posting by users of any Personal Information of themselves or any other person, are the sole responsibility of the us er. Users further agree and accept that the terms of the Privacy Policy will be applicable to the use of all features, existing and new. However, the users agree and accept that confidentiality of information posted on such features has been waived by the users of such features themselves. We strongly discourage posting any information on such features or in any content posted by you that you do not want others to see.
5.6. If you forget your password, you may be asked to change it to a new one based on authentication process.
5.7. Notwithstanding anything contained in this Privacy Policy or elsewhere, we 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).
5.8. A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Mughal Kala 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, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of ours), power or electricity failure or unavailability of adequate power or electricity.
6. HOW LONG IS THIS INFORMATION RETAINED? You agree that all Personal Information shall be retained till such time as required under applicable law or for the purposes mentioned herein, whichever is later. The Non-Personal Information will be retained indefinitely.
7. MODIFICATIONS, ALTERATIONS OR UPDATION OF YOUR INFORMATION OR DATA For updating, amending or modifying any Personal Information, data provided by you on Mughal Kala PLATFORM, you need to communicate us through the communication mode mentioned on Mughal Kala PLATFORM or alternatively, you may visit your profile or information page and make the necessary updates, amendments or modifications. We shall not be responsible in any manner whatsoever for updating, amending or modifying any of the information, data provided by you to us. We retain Personal Information as permitted by law to resolve disputes and enforce our policies.

8. CONSEQUENCES OF NOT PROVIDING INFORMATION

You may choose not to provide us with your personally identifiable information. However, choosing not to provide certain requested information will prevent you from accessing and taking advantage of the services offered by us.

9. EFFECTIVENESS

This Privacy Policy is effective as of April 15, 2016. We reserve the right, at any time, to modify, alter, or update this policy, without any prior notice to you and any such modifications, alterations, or updates will be effective upon posting on this Website/Mobile Application. In the event we modify this Privacy Policy, your continued use of Mughal Kala PLATFORM will signify your acceptance of the modified Privacy Policy.

10. USER DISCRETION AND OPT OUT

You agree and acknowledge that you are providing your information out of your free will. You have an option not to provide or permit us to collect your information or later on withdraw your consent so provided herein by sending an email to the grievance officer or such other electronic address as may be notified to you. In such case, you should neither visit any Mughal Kala PLATFORM nor use any services provided by us.

11. CONTACT INFORMATION & GRIEVANCE OFFICER If you find any discrepancies or have any grievances in relation to the collection, storage, use, process, disclosure and transfer of your Personal Information under this Privacy Policy or any Terms of Use and other polices, please contact Haris, the designated grievance officer under Information Technology Act, 2000 at support harismohdmh7@gmail.com. The details of the grievance officer can be changed by us from time to time by updating this Privacy Policy.

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