Privacy Policy

Last Updated on 14th February 2025

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER, AS MAY BE AMENDED OR REPLACED OR RE-ENACTED FROM TIME TO TIME. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND NIRMIT BHARAT.

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT, 2000 READ WITH INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011, AS MAY BE AMENDED OR REPLACED OR RE-ENACTED FROM TIME TO TIME THAT REQUIRES PUBLISHING OF THE PRIVACY POLICY FOR COLLECTING, RECEIVING, POSSESSING, STORING, DEALING, AND / OR HANDLING OF PERSONAL INFORMATION INCLUDING SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE PLATFORM (AS DEFINED BELOW) AND/ OR PURCHASE OF PRODUCTS (AS DEFINED BELOW) THROUGH THE PLATFORM, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. BY USING AND / OR ACCESSING THE PLATFORM AND / OR PURCHASING PRODUCTS AND / OR BY PROVIDING INFORMATION TO US THROUGH THE PLATFORM, YOU CONSENT TO THE COLLECTION, USE, TRANSFER AND PROCESSING OF YOUR INFORMATION INCLUDING IN THE WAYS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE PLATFORM AND/ OR PURCHASE THE PRODUCTS.

YOUR USE OF THE PLATFORM AND / OR PURCHASE OF PRODUCTS THROUGH THE PLATFORM AND ANY INFORMATION YOU PROVIDE REMAINS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY, PLATFORM TERMS OF USE AND OTHER TERMS AND CONDITIONS FOR USERS.

YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT TO NIRMIT BHARAT FOR THE PURPOSES PRESCRIBED UNDER, INCLUDING BUT NOT LIMITED TO PROVISIONS OF, SECTIONS 72 AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000 READ WITH PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000, AS MAY BE AMENDED OR REPLACED OR –RE-ENACTED FROM TIME TO TIME.

1. Introduction

Nirmit Bharat ("Nirmit Bharat" or "we" or "us" or "our") is responsible for managing and operating DigiHaat ("Application/Platform"). Through these Platform, Nirmit Bharat facilitates the sale and purchase of a wide range of products and services listed by various sellers from time to time ("Products").

2. Applicability of the Privacy Policy

• 2.1 This Privacy Policy ("Privacy Policy") applies to all users of the Platforms, including individuals or entities ("User," or "Users," or "you," or "your") who use, access, browse, download or make purchases via the Platforms.
• 2.2 Nirmit Bharat respects your right to privacy, and is committed to safeguarding and handling every User's information including the 'Personal Information' and 'Sensitive Personal Data or Information' (collectively referred to as "Information") and compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011("SPDI Rules"), as may be amended or replaced or re-enacted from time to time.
• 2.3 This Privacy Policy sets out how Nirmit Bharat collects, receives, uses, processes, handles, stores, retains, secures, protects, disclose, transfer and share any Information, that you give to us, when you use, browse, access or purchase Products via the Platform.
• 2.4 By using, browsing, accessing, or purchasing Products through Platform and/or by submission of Information, you agree to be bound by the terms of this Privacy Policy. You further consent to the collection, use, storage, possession, processing, sharing, disclosure, transfer, and retention of your Information in accordance with the terms of this Privacy Policy and the applicable laws, including but not limited to the laws on data protection and privacy. We will not use the User's information in any manner other than as outlined in this Privacy Policy and to the extent permitted under applicable laws.
• 2.5 You may be able to access or browse the Platform from outside the geographical territories of the Republic of India. However, please note that the Products and services listed on the Platform are not offered for sale outside India. Your Information will primarily be collected, stored, and processed within India and governed by Indian laws, including applicable data protection and privacy laws, which may differ from those that apply in the country where you are located.

3. Information We Collect

We collect several types of Information from our Users which includes:

3.1 Personal Information

Personal Information is any information that identifies or can identify you as an individual. Personal Information shall include but is not limited to your full name, personal contact numbers, residential address, email address, gender, date of birth. Personal Information can be in any format including but not limited to photographs or documents.

3.2 Sensitive Personal Data/Information

Sensitive Personal Data/Information refers to information that requires higher protection, including:

• 1. Passwords and authentication credentials
• 2. Financial details such as credit/debit card numbers or payment method details
• 3. Information collected during identity verification, if required
• 4. Health-related information, if applicable

3.3 Non-Personal Information

Non-personal information refers to data that does not personally identify you but may be collected to enhance your experience:

• 1. IP addresses
• 2. Device information (such as model, operating system)
• 3. Browser type, version and settings
• 4. Usage data, including browsing patterns, search queries, and interaction with our services
• 5. Geo-location data (only if enabled on your device)

4. How We Collect Information

We collect your Information in several ways including:

• 1. Directly from you: When you register for an account, make a purchase, or communicate with us (e.g., through feedback, support queries, surveys).
• 2. Automatically: Through cookies and similar technologies that track your interactions with our Application (see Section 9: Cookies).
• 3. From third parties: If you log in through a social media account or use third-party services to interact with our Platform, we may receive information from these third-party platforms, subject to their privacy policies and your consent.

5. Use of Information

5.1 We use, receive, process, store, retain and share the Information We collect for a variety of purposes including to:

• 1. Provide and enhance our services: Including processing orders, delivering Products, managing your account, and responding to queries or complaints.
• 2. Personalize your experience: Offering customized recommendations, relevant offers, and content and recommendations tailored to your preferences.
• 3. Process payments: Securely managing financial transactions and refunds through trusted payment gateways.
• 4. Communicate with you: Sending transactional emails, promotional offers, updates, and newsletters (only with your consent).
• 5. Ensure legal compliance: Meeting obligations under applicable laws, including tax reporting, KYC compliance, and responding to governmental or regulatory requests.
• 6. Improve our services: Conducting analytics, audits, and research to optimize the performance and security of our Application.
• 7. Prevent fraud: Detecting and mitigating security risks, fraud, or other unlawful activity.

By using and / or accessing and / or browsing the Platform or purchasing Products through the Platform, you consent to the processing of your Information in the ways described in this Privacy Policy.

5.2 You agree that we have the right to share your Information. We may share your Information with third parties including:

• 1. Service providers: Third-party partners who assist us with payment processing, logistics, customer support, IT infrastructure and who need access to such Information to carry out work on our behalf for the performance of any contract we enter into with them and / or who assist us in managing the Platforms. These parties are bound by strict confidentiality agreements and are only allowed to process data as per our instructions.
• 2. Affiliates: Our parent company, Open Network for Digital Commerce ("ONDC"), and its affiliates for operational, compliance, promotional purposes, etc.
• 3. Professional Advisers: Our professional advisers, including our accountants, auditors and lawyers.
• 4. Legal authorities: Legal authorities including police, enforcement agency, government agencies or court of law if required by applicable law, regulation, or legal process, or to protect our rights, property, or Users.
• 5. Third parties in business transfers: If we engage in mergers, acquisitions, consolidation or restructuring, or asset sales, your Information may be transferred to the new entity with similar privacy standards in place.

We do not sell, rent, or trade your Information to third parties for their marketing purposes.

6. Security of Your Information

We implement industry-standard reasonable security measures to protect your Information from unauthorized access, disclosure, alteration, or destruction. These include:

• 1. Encryption: To safeguard financial transactions and sensitive data.
• 2. Access controls: Limiting access to Information only to authorized personnel who need it for their role.
• 3. Firewalls and security monitoring: To detect and prevent potential breaches.

However, no method of transmission over the internet is entirely secure. While we strive to protect your Information, we cannot guarantee absolute security. Any such transmission of Information is at your own risk. For the purpose of checking possible vulnerabilities and attacks, we may conduct periodical internal review of data and security measures on the Platform. However, the internet is not absolutely a secure environment, and the Platforms cannot ensure or warrant a 100% security of the Platform. If you are provided with any identification code, password or any other piece of information as part of the Platform security procedure, you should treat such information as confidential and not disclose it to any third party including to other users. You are solely responsible for the activities that occur under your account including the confidentiality of your password and we are not responsible for the same. If you suspect any misuse or loss or unauthorised access to your Information, please contact us immediately via e-mail at support@nirmitbharat.org

We assume no liability or responsibility for disclosure of your Information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. Nirmit Bharat shall in no circumstances be liable to any User for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the User due to the unauthorized access or misuse of the Information by any third party beyond the control of Nirmit Bharat.

Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of the Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond our reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer, computer system or computer network, computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption, power or electricity failure or unavailability of adequate power or electricity.

7. Information Retention

We retain Information for as long as necessary to fulfil the purpose we collected it for. Please note in some cases we retain Information for the use of our Platforms or to provide access to and use of our 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 Information is necessary for our legitimate interests or as permitted by law. Because these needs can vary for different Information types and purposes, actual retention periods can vary significantly. Even if we delete your Information, including on account of exercise of your right under Clause 8 below, it may persist on backup or archival media for audit, legal, tax or regulatory purposes.

8. Your Rights and Choices

You may have the following rights regarding your Information:

• 1. Access: You have the right to request access to the Information we hold about you.
• 2. Correction: You shall be fully responsible for the accuracy and correctness of your Information and Nirmit Bharat will not be obligated to verify the accuracy and correctness of the Information submitted by you. Where necessary, having regard to the purposes for which Information is being processed, you have the right to ask us to (i) update Information that is out of date or is obsolete, (ii) correct / rectify / amend inaccurate or misleading or deficient Information and (iii) complete incomplete Information.
• 3. Erasure: You have the right to request the erasure / deletion of your Information (subject to retaining such information by us for our legal obligations).
• 4. Withdraw consent: If you have given consent for processing, you may withdraw it at any time. It is hereby clarified that your decision to withdraw your consent will not affect the lawfulness of processing of Information based on your previous consent prior to the withdrawal. However, in case where you choose not to provide all or any of the Information or you choose to withdraw your consent, Nirmit Bharat shall not be liable to provide you access to the Platform.

To exercise any of these rights, please contact us at support@nirmitbharat.org

9. Cookies and Tracking Technologies

Nirmit Bharat uses cookies and similar technologies to enhance User experience and understand how our Platform is being used. Cookies help us:

• Keep track of your preferences;
• Improve the performance of our Application; and
• Deliver personalized content and advertisements.

You can control the use of cookies through your browser settings. Disabling cookies may limit your access to certain features on our Platform.

10. Children's Privacy

Our Platform is intended for individuals over the age of 18. We do not knowingly collect personal information from minors. If we become aware of any such personal information collected without parental or guardian consent, we will take immediate steps to delete it. Parents or guardians may contact us if they believe a minor has provided personal data without consent.

11. Links to Third-Party websites

Our Platform may contain links to third-party advertisements, websites, or electronic communication services that are not operated, controlled, or affiliated with Nirmit Bharat unless expressly stated otherwise in writing. These third-party links are provided for your convenience and do not imply any endorsement by Nirmit Bharat of the third-party websites, their operators, or the information they provide.

Nirmit Bharat is not responsible for the privacy practices, policies, or the content of any third-party websites. We do not control or guarantee the accuracy, integrity, or quality of any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials available on such third-party websites. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. Any Information you provide to these third-party websites is governed by their respective privacy policies, and we recommend that you review the privacy policies of these websites before providing any Information.

We disclaim any responsibility or liability for any form of transmission received from third-party websites and urge you to exercise caution when interacting with such websites. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of such websites, products and / or services is at your own risk.

12. Changes to this Privacy Policy

We reserve the right to modify or update this Privacy Policy at any time to reflect changes in our practices, legal requirements, or regulatory guidance. We will notify you of any significant changes via email or through our Platform. We encourage you to review this Privacy Policy periodically to stay informed for the latest information on our privacy practices. You can determine if changes have been made by checking the "Last Updated" section below. If you continue to access, use or browse the Platform or purchase Products through the Platform after any change shall constitute your consent to the changes to this Privacy Policy and you will be legally bound by the revised terms of the Privacy Policy. If you do not agree with any revised version of this Privacy Policy, please do not use or access the Platform in any manner whatsoever, and/ or purchase the Products through the Platform.

13. Severability

Whenever possible, each section of this Privacy Policy shall be interpreted in a manner so as to be valid under applicable law. However, in the event any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or other remaining provisions of this Privacy Policy.

14. Governing Law

The terms of this Privacy Policy shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.

15. Grievance Redressal and Contact Information

If you have any concerns, questions, or complaints regarding this Privacy Policy or the handling of your Information, you may reach out to our Grievance Officer on below details:
Name: Aditi Rastogi
Email: aditi.rastogi@nirmitbharat.org
Address: 3rd Floor, 7/6, Siri Fort Institutional Area, August Kranti Marg, New Delhi 110049

We are committed to addressing your concerns promptly and resolving any grievances in accordance with applicable laws.

16. Last Updated

14-02-2025