1. Overview
1.1 By browsing and/ or using this website, you agree to have read, understood and accepted the terms and conditions recorded in this Privacy Policy. This Privacy Policy will manage and regulate your information and/ or other related data shared with us for the transaction. The terms and conditions stipulated herein shall be binding between you and M/s Krishiv Nutra. Please
note that M/s Krishiv Nutra markets / offers its products under the tradename OMRAE Wellness Atelier (“OMRAE”).
1.2 This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder and other applicable laws prevailing in India. This Privacy Policy does not require any physical, electronic or digital signature.
1.3 This Privacy Policy shall be read in accordance with the provisions stipulated in the Information Technology (reasonable security practices, procedures, and sensitive personal data of information) Rules, 2011 (as amended from time to time) under the IT Act.
1.4 Except as otherwise noted in this Privacy Policy, the same shall also be read in accordance with European Union General Data Protection Regulation (“EU GDPR”).
1.5 By providing us your information or by using this website, you hereby unconditionally consent to the collection, use, storage, processing, and transfer of any or all of your personal information and non-personal information by OMRAE, as specified under this Privacy Policy. Further, you hereby undertake that such collection, use, storage, and transfer of your information shall not
cause any loss to OMRAE or wrongful gain to you or any other person.
1.6 OMRAE is concerned about the privacy of the data and information of users (including buyers/customers whether registered or non-registered) accessing or availing services on OMRAE's website i.e. http://www.omrae.com/, mobile sites or mobile applications on this website and/or otherwise doing business with OMRAE.
1.7 We encourage you to read this Privacy Policy regarding the collection, use, and disclosure of your information. If you are not comfortable with any of the terms or policies described in this Privacy Policy, you may choose to discontinue usage of OMRAE’s website, mobile sites and/or mobile applications.
1.8 Further, you agree and consent to receive all communications related to our products / services on the mobile number provided by you to OMRAE, even if such mobile number is registered under DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018 (“TRAI Regulations”). Notwithstanding your registration with the National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference
Register set up under the Telecom Regulatory Authority of India), you hereby express your interest and accord informed consent to receive communications (including commercial communications) in relation to the Company’s services / products. You further confirm that no communication to you from the Company or on behalf of the Company shall be construed asUnsolicited Commercial Communication under Regulation 2(bw) of the TRAI Regulations and you have specifically opted to receive communications in this regard on the mobile number
provided by you.
1.9 For the purpose of this Privacy Policy, the term “Personal Information” shall mean and include any information that relates to you, which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying you, which is submitted to and/or collected over this website and maintained by the Company in an accessible form, provided that, any information that is freely available or accessible in public
domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Personal Information for the purposes of this Privacy Policy.
2. Eligibility:
2.1 Only users who are eighteen (18) years of age or older may use the services / products provided on this website. If you are under eighteen (18) years of age and you wish to download, install, access or use the services / products provided on this website, your parents or legal guardian must acknowledge and agree to the terms of this Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the terms of this Privacy Policy, you shall immediately
discontinue its use.
2.2 The OMRAE reserves the right to refuse access to use the services / products offered if it is brought to OMRAE’s notice or if it is discovered that you are under the age of eighteen (18) years.
3. Information and Storage
3.1 The Personal Information (which shall also include data) provided by you to OMRAE or collected from you by OMRAE, during the course of making an online transaction, and/ or registering yourself on the website, may consist of the following: name, address, telephone number, email address, postal address or other contact information, date of birth, country, state, gender, health related information, language preference, information regarding your transaction
over this website, 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 this website, and any other information that you provide during your registration or account opening process, if any, on this website.
3.2 The aforesaid information may be collected in various ways, including but not limited to, during the course of you registering as a user on this website, availing certain services / products offered on this website or even by way of accessing the instant website.
3.3 The aforesaid information may also be obtained from third party websites, such as social media services, commercially available sources and business partners. If you access this website through a social media service or connect a service on this website to a social media service, the information we collect, includes 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. Further, you undertake that by accessing this website, through social media services, you authorize OMRAE to collect, store, use, and retain such information and content in accordance with this Privacy Policy.
3.4 We may also collect and/or generate anonymized and aggregated information from your use of this website. The anonymized or aggregated information is not Personal Information since we are not able to re-identify you using any means available to us from that anonymized or aggregated information. The anonymized and aggregated information is used for a variety of functions, including to help us identify and remediate any bugs, and to improve the performance of our website. OMRAE may use such information in a number of ways, including internal
analysis, analytics and research. We may share this information with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
3.5 We maintain a social media presence, such as a Facebook, Instagram, LinkedIn and a Twitter feed. You can interact with us through social media, such as by entering our contests, posting content, sharing material from our website, and using our social media plug-ins. When you interact with us using social media, we may receive information such as your user ID, your profile picture, photos you post, and similar information, which is often determined by your
privacy settings at the relevant social media sites. We may use the information for the purposes we have described throughout this Privacy Policy. Your use of social media sites is primarily governed by the site operators’ privacy policies and terms of service, and the information you share with us and with others is largely controlled by the privacy settings you have established at those sites.
3.6 OMRAE may also collect information other than your Personal Information through this website. Such information may be stored in server logs. Such non-personal information would include but shall not be limited to:
1. Your geographic location;
2. Details of your telecom service provider or internet service provider;
3. The type of internet browser you use;
4. The operating system of your device and your browsing history ;
5. The duration of your stay on this website is also stored in the session along with the date and time of your access.
6. Any open data and public records such as information about you that is openly available on the Internet.
7. Names of people to whom purchases have been shipped including address and telephone numbers, IP addresses; product interest information and in certain
circumstances, your opinions and individual preferences, etc.
8. Phone numbers used to call our customer service number.
3.7 Non-personal information may be collected through the use of cookies. OMRAE may store temporary or permanent Cookies on your computer. "Cookies" are small files placed on your hard drive that would assist OMRAE in providing our services. OMRAE offers certain features that are only available through the use of a "cookie". OMRAE also uses cookies to allow you toenter your password, less frequently during a session. Cookies would help OMRAE to provide information that is targeted to your interests. Most cookies are "session cookies" meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on this website and you may be required to re-enter your password more frequently during a session. You can erase or choose to block these cookies from your computer. 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 this website. Additionally, you may encounter "cookies" or other similar devices on certain pages of this website that are placed by third parties. We do not control the use of cookies by third parties.
3.8 We might receive information about you from other sources, such as updated delivery and address information from third parties, which we use to correct our records and deliver your next purchase more easily. Further, we may receive information about you from third parties that feature our products or promotional offers if you opt-in to receive information from us. You may also choose to participate in a third party application or social media sites through which you
allow us to collect (or the third party to share) Personal Information about you, including usage information. We may also receive information, such as marketing related or demographic information about you from third parties to enhance our ability to tailor our content and offer you the products / services that we believe may be of interest to you. OMRAE is not responsible for the privacy practices of such third-party websites which it does not own, manage or control.
3.9 You hereby represent to OMRAE that:
1. the information provided by you to OMRAE 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 OMRAE.
ii. The information provided by you to OMRAE, and OMRAE'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.
3.10 OMRAE and each of OMRAE’s officers, directors, contractors or agents shall not be held responsible for the authenticity of the information that you or any other user provide to OMRAE. You shall indemnify and hold harmless OMRAE and each of OMRAE’s officers, directors, contractors and/or agents and/or 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.
3.11 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 India but under compliance with applicable laws. We may enter into agreements with third parties (within 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 commercially reasonable basis require from such third parties to adopt easonable security standards to safeguard your information / data. OMRAE does not intend to collect or otherwise process any sensitive Personal Information for
legitimate purpose and in the event same is used, OMRAE undertakes to use the information in accordance with applicable law.
3.13 OMRAE does not collect or otherwise process Personal Information about race, religion, sexual orientation or health or any other information that may be deemed to be sensitive under EU GDPR guidelines.
4. Purpose of Collecting Information
4.1 OMRAE 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 OMRAE and shall include the following:
1. to verify your identity;
2. to fulfil the product purchases and transactions;
3. to communicate with you about your account and activities on this website;
4. to facilitate your use of this website or other products / services of OMRAE;
5. to respond to your inquiries or fulfil your requests for information about the various services offered on this website;
6. to provide you with information about services available on this website and to send
you information, materials, and promotional offers from OMRAE;
7. to send you important information regarding this website, changes in terms and
conditions, user agreements, and policies and/or other administrative information;
8. to sign up for our newsletter, respond to a survey or marketing communication;
9. to allow us to better serve you in responding to your requests;
10. to respond to reviews, comments, or other feedback provided to us;
11. to administer a contest, promotion, survey or other site feature;
12. to ask for ratings and reviews of our products of this website;
13. to follow up with you after correspondence (live chat, email or phone inquiries);
14. to allow you to log in with a social media account and share activities on your social media pages;
15. to comply with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our terms and conditions;
16. to help us learn more about your shopping preferences;
17. to conduct marketing and performance research to assist us in measuring our customer services, benchmarking our performance and to help us improve your shopping experiences and product offerings;
18. to send communication related to order updates and offers through e-mail, SMS and social media channels;
19. to do internal research on our customer’s demographics, interests, and behaviour to better understand and serve you;
20. to provide you with exclusive offers on this website, tailor content, advertisements, and we provide you, and improve this website and/or for internal business purposes;
21. to analyse trends, track customer’s web page movements, help identify you and your shopping cart for aggregate use;
22. to determine which of the store locations containing our products may be closest to you, provide promotional offers, and to offer products to you;
23. to send you surveys and marketing communications that OMRAE believes may be of interest to you;
24. to personalize your experience on this website by presenting advertisements, products and offers tailored to your preferences;
25. to help you address your problems faced on this website including addressing any technical problems;
26. if you avail of any service from this 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;
27. for proper administering of this website;
28. to conduct internal reviews and data analysis for this website (e.g., to determine the number of visitors to specific pages within this website);
29. to improve the services, content and advertising on this website;
30. to provide value added services;
31. to facilitate various programmes and initiatives launched by OMRAE or third party service providers and business associates;
32. to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments;
33. to conducting academic research and surveys;
34. to protect the integrity of this website;
35. 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;
36. to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
37. to permit third parties who may need to contact users who have transacted through this website to facilitate installation, service and any other product related support;
38. to implement information security measures;
39. to determine any security breaches, computer contaminant or computer virus;
40. to investigate, prevent, or take action regarding illegal activities and suspected fraud;
41. to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
42. 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/guidelines including the IIT Act and EU GDPR that is likely to have an adverse impact on the services provided on any website or by OMRAE;
43. to enable a potential buyer or investor to evaluate the business of OMRAE;
xliv. to prevent, detect, investigate and take action against crimes (including but not limited to fraud and other financial crimes), any other illegal activities, suspected fraud, or violations of Company’s terms and conditions in any jurisdiction;
44. to establish, exercise or defend legal rights in connection with legal proceedings (including any prospective legal proceedings) and seek professional or legal advice in relation to such legal proceedings; and
45. to comply with any applicable law, regulation, legal process or enforceable
governmental request.
The above are collectively referred to as “Purposes”.
4.2 You hereby agree and acknowledge that the information so collected is for lawful purpose connected with a function or activity of OMRAE or any person on their respective behalf, and the collection of information is necessary for the Purposes.
5. Security
5.1 The security of your information is important to us. OMRAE strives to ensure the security of Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, OMRAE 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 OMRAE stores your Personal Information. OMRAE shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of your information. You hereby expressly waive and release OMRAE from any claim of damages under IT Act and/or EU GDPR guidelines and/or contract and/or tort.
5.2 If you choose a payment gateway to complete any transaction on this 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). OMRAE does not, itself, process or store the payment information, except as stated herein. Further, these intermediaries are not permitted to store, retain, or use your billing information for any purpose except for payment processing on our behalf.
5.3 We may share your information with third parties under a confidentiality arrangement which inter alia provides for that such third parties not disclosing the information further unless such disclosure is for the Purposes mentioned hereinabove. However, OMRAE is not responsible for any breach of security or for any actions of any third parties that receive your personal information. OMRAE 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 this website).
5.4 We may implement technical and organizational security measures to protect your information. Please ensure that any Personal Information that you send to us is sent securely.
5.5 In certain instances we may transfer certain information in a non-human readable format to provide protection. However, we cannot guarantee there will not be a breach, and we are not responsible for any breach of security or for the actions of any third parties.
5.6 Notwithstanding anything contained in this Privacy Policy or elsewhere, OMRAE 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 OMRAE 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, power or electricity failure or unavailability of adequate power or electricity.
5.7 While we will endeavour to take all reasonable and appropriate steps to keep secured any Personal Information which we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secured and that we cannot provide any absolute assurance regarding the security of your Personal Information. Please note that ensuring security of your information is only an endeavour and shall not be construed as an obligation on the part of OMRAE. You agree and acknowledge that the information available/collected online runs an inherent risk of being stolen or leaked or infringed.
5.8 Because the internet is an open system, the transmission of information via the internet is not completely secured. Although we will implement reasonable measures to protect your information, we cannot guarantee the security of your data transmitted to us using the internet. Any such transmission is at your own risk and you are responsible for ensuring that any Personal Information that you send to us are sent securely.
5.9 You agree that all Personal Information shall be retained till such time required in reasonable view of OMRAE. We will retain your Personal Information only as long as it is reasonably required or otherwise permitted or required by applicable law or regulatory requirements. We may also retain your Personal Information so long as it is necessary to fulfil the purposes for which it was collected (including for purposes of meeting any legal, administrative, accounting,
or other reporting requirements). Your Personal Information is safeguarded against inappropriate access and disclosure, as per this Privacy Policy. Non-personal information will be retained indefinitely.
5.10 We also maintain appropriate and adequate administrative, technical and physical safeguards designed to protect your Personal Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
6. Sharing and Disclosure
6.1 You hereby unconditionally agree and permit that OMRAE may transfer, share, disclose or part with all or any of your information, within and outside of the Republic of India, to any third party service providers / partners / collaborators / associates / 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 OMRAE under the applicable law.
6.2 OMRAE may share statistical data and other details without your express or implied consent to facilitate various programmes or initiatives launched by OMRAE, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. OMRAE may transfer / disclose / share information to those parties who support our business, such as providing technical infrastructure services, analysing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Notwithstanding the above, OMRAE uses other third parties such as a credit/ debit card processing company,
payment gateway, wallet companies, pre-paid cards etc. to enable you to make payments for availing services from OMRAE. When you sign up for these services, you may have the ability to save your card details for future reference and faster future payments. In such case, we may share your relevant personal information as necessary for the third parties to provide such
services, including but not limited to your name, residence and email address. 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.
6.3 We may also share Personal Information if we 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.
6.4 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.
6.5 You further agree that such disclosure, sharing, and transfer of your 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.
7. Third Party Websites
7.1 Links to third-party advertisements, third-party websites and/or any third party electronic communication service may be provided on this website which are operated by third parties and are not controlled by, or affiliated to, or associated by/ with OMRAE, unless expressly specified on this website. Please understand that these websites are independent, and OMRAE has no control over the content on that website, even if OMRAE provides information or products to
the owner of that website. OMRAE is not making any representations about, endorsing, or accepting any responsibility for the content or the use of such website. Further, we are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and the privacy policy of a third-party website before accessing or using it.
7.2 We are not responsible for any form of transmission, whatsoever, received by you from any third party website. Accordingly, OMRAE 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 OMRAE 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 OMRAE 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.
7.3 We use third-party analytics services to evaluate your use of our website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our website and mobile and internet usage. These third parties use cookies and other technologies to help analyse and provide us the information and, in some cases, connect such information with other data held by our, or third party, environments. You hereby consent to the processing of information about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
8. Opting Out
8.1 We provide an option to all the customers to opt-out of receiving any promotional or marketing communications from us. If you do not wish to receive any promotional or marketing communications from us, you can contact us at the address provided below.
8.2 Updating your Personal Information in relation to your account: You can update or correct your name, e-mail address, security questions, and other preferences by [logging into your account and clicking on the "My Account" page, calling customer care executive.
8.3 Receiving newsletters and promotional e-mails: You can click on the “unsubscribe” link at the bottom of any promotional e-mail that you receive. Alternatively, you may edit your e-mail preferences on your “My Account” page or call customer care executive to discontinue receiving any promotional materials by mail/ e-mail.
8.4 Remove content from Customer review: You can remove content that you posted on a public space, such as part of a ratings and review, by e-mailing details to info@omrae.com. Please note that we will endeavour and try to ensure to honour your request to remove information, however, our removal of your information does not completely erase that information from the
internet viz. historical copies, or "caches," may remain.
8.5 Withdrawal of consent: If you have consented to the collection, use and/or disclosure of your Personal Information as identified in this Privacy Policy, you have the right to withdraw this consent at any time by writing to us at info@omrae.com. Where you are providing location information via a mobile app, you may turn off your location services on your device at any time. Please note that any processing that we have carried out before the withdrawal of your
consent remains lawful. Provided that, notwithstanding such request, this information may be retained to comply with our legal obligations, resolve disputes and enforce our agreements.
9. Data Accuracy
9.1 OMRAE shall take every reasonable step to ensure that your information that is processed, is accurate and, where necessary, kept up to date, and any of your information that we process that you inform us is inaccurate (having regard to the purposes for which they are processed) is erased or rectified.
10. Data Minimisation
10.1 OMRAE shall take every reasonable step to ensure that your information that is processed is limited to the information reasonably necessary in connection with the purposes set out in this Privacy Policy or as required to provide you services or access to the services available on this
website.
11. Data Retention
11.1 OMRAE shall take every reasonable step to ensure that your information is only retained as long as they are needed. The criteria for determining the duration for which OMRAE will keep your information are as follows:
1. we will retain copies of your information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Privacy Policy, unless applicable law requires a longer retention period.
2. Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfil a legitimate business need.
12. Discretion
12.1 You agree and acknowledge that you are providing your information out of your free will. You have an option not to provide or permit OMRAE 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 OMRAE as may appear on this website. In such case, you should neither visit this website nor use any services provided by OMRAE. Further, OMRAE may deny you access from using certain services offered on this website.
12.2 You can add or update your Personal Information on regular basis. Kindly note that OMRAE would retain your previous Personal Information in its records.
12.3 You can also directly take steps to unsubscribe to the newsletters that you receive from us. Please allow thirty (30) to forty five (45) business days for change to take effect. On some services, pertaining to transactional communication, you may continue to receive emails as a part of the services availed on this website. If you are an EU resident, you may have certain rights including: the right not to provide your personal information to us; the right to access your personal information; the right to request erasure, or restricting of Processing of your personal information; the right to have your personal information transferred to another controller; the right to withdraw your consent; and the right to lodge complaints with supervisory authorities. We may require proof of or need to verify your identity before we can give effect to these rights.
