Privacy policy

Governing gaurashtra.com and the Gaurashtra Mobile Applications

Operated by Shree Shyam Enterprises, trading as "Gaurashtra"

1. SCOPE AND ACCEPTANCE

1.1 This Privacy Policy ("Policy") explains how Shree Shyam Enterprises, trading as "Gaurashtra" ("Gaurashtra", "Company", "we", "us", or "our"), collects, uses, discloses, and protects personal information in connection with gaurashtra.com and the Gaurashtra mobile applications (collectively, the "Platform") and the products and services offered through the Platform (the "Services").

1.2 By accessing or using the Platform, placing an order, creating an account, or otherwise interacting with us, you ("you", "your", "User", or "Customer") acknowledge that you have read, understood, and agree to be bound by this Policy. If you do not agree with any part of this Policy, you must discontinue use of the Platform immediately.

1.3 This Policy forms an integral part of, and is to be read together with, our Terms of Service, Shipping Policy, and Refund & Cancellation Policy. In the event of any conflict between this Policy and any other policy solely as to data-handling matters, this Policy shall prevail.

2. INFORMATION WE COLLECT

2.1 Information provided directly by you, including: (a) contact details such as name, address, phone number, and email address; (b) order information such as billing and shipping address, payment confirmation, and order history; (c) account credentials and security information; (d) shopping information such as wishlist items, loyalty points, reviews, and gift card or referral data; and (e) any information voluntarily submitted in customer support communications, product reviews, or promotional entries.

2.2 Information collected automatically through your use of the Platform ("Usage Data"), including device identifiers, browser type, IP address, approximate location derived from IP address, referring URLs, pages viewed, and interaction data, collected using cookies, pixels, SDKs, and similar tracking technologies as described in Clause 3.

2.3 Information received from third parties, including payment processors, logistics and courier partners, Shopify and its sub-processors, analytics providers, and advertising partners, each of whose collection and use of your information is governed by their own privacy notices.

2.4 You represent and warrant that all information you provide to us is accurate, current, and complete, and you agree to promptly update such information as necessary. The Company shall not be liable for any loss, delay, or misdelivery arising from inaccurate, incomplete, or outdated information supplied by you.

3. COOKIES AND TRACKING TECHNOLOGIES

3.1 The Platform uses cookies, pixels, and similar technologies to operate the Site, remember preferences, facilitate checkout, conduct analytics, and support advertising, including technologies deployed by our e-commerce platform provider, Shopify (details of which are available at shopify.com/legal/cookies).

3.2 You may configure your browser to limit or block cookies; however, doing so may impair or disable certain features and functionality of the Platform, and the Company shall bear no responsibility for any resulting degradation of your experience.

3.3 Where you have enabled a Global Privacy Control ("GPC") signal, we will treat that signal as a valid opt-out request for the associated browser or device in respect of the sale or sharing of information for targeted advertising, to the extent required by applicable law. We do not otherwise recognise "Do Not Track" browser signals.

4. HOW WE USE PERSONAL INFORMATION

4.1 We use personal information to: (a) process orders, payments, and deliveries and otherwise perform our contract with you; (b) create, maintain, and secure your account; (c) provide customer support and respond to enquiries; (d) send transactional and, where permitted, promotional communications; (e) detect, investigate, and prevent fraud, abuse, and security incidents; (f) comply with applicable law and enforce our agreements; and (g) improve, personalise, and analyse the Platform and Services.

4.2 Where required by applicable law (including for residents of jurisdictions with legitimate-interest or consent-based frameworks), our processing is undertaken on the basis of contractual necessity, compliance with legal obligations, your consent, or our legitimate interests in operating, securing, and improving a lawful and profitable business, which interests we consider are not overridden by your rights and freedoms.

5. DISCLOSURE OF PERSONAL INFORMATION

5.1 We may disclose personal information to: (a) vendors and service providers performing functions on our behalf, including IT hosting, payment processing, logistics, data analytics, and customer support providers; (b) business and marketing partners; (c) our affiliates and group entities; (d) professional advisers, insurers, and regulators; and (e) any person to whom disclosure is necessary in connection with a merger, acquisition, restructuring, or sale of assets.

5.2 We may further disclose personal information where required to comply with applicable law, respond to lawful requests by public authorities, enforce our Terms of Service and other policies, or protect the rights, property, or safety of the Company, our Users, or the public.

5.3 The Company is not responsible for, and expressly disclaims all liability arising from, the acts, omissions, or privacy practices of any third-party recipient, processor, or service provider, including any unauthorised access, use, or disclosure of information occurring on systems not directly controlled by the Company.

6. DATA SECURITY AND RETENTION

6.1 We implement commercially reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorised access, alteration, disclosure, or destruction.

6.2 Notwithstanding Clause 6.1, no method of electronic transmission or storage is completely secure, and the Company makes no guarantee of absolute security. To the maximum extent permitted by applicable law, the Company disclaims liability for any unauthorised access to, or loss, misuse, or alteration of, personal information that is not directly and solely attributable to the Company's gross negligence or wilful misconduct.

6.3 We retain personal information for as long as reasonably necessary to fulfil the purposes described in this Policy, comply with legal, tax, and accounting obligations, resolve disputes, and enforce our agreements, after which such information will be securely deleted or anonymised.

7. CHILDREN'S DATA

7.1 The Services are intended solely for individuals who are at least eighteen (18) years of age or who otherwise possess the capacity to contract under the Indian Contract Act, 1872. We do not knowingly collect personal information from children.

7.2 If we become aware that we have inadvertently collected personal information from a child without appropriate parental or guardian consent, we will take reasonable steps to delete such information. Parents or guardians who believe their child has provided us with personal information may contact us using the details in Clause 12.

8. YOUR RIGHTS

8.1 Subject to applicable law, including the Digital Personal Data Protection Act, 2023 (as and when its substantive provisions come into force) and any other law of your jurisdiction, you may have rights to access, correct, update, erase, or port your personal information, to restrict or object to certain processing, and to withdraw consent previously given, without affecting the lawfulness of processing carried out prior to such withdrawal.

8.2 We may require you to verify your identity before actioning a request, and may decline, in whole or in part, any request that is manifestly unfounded, excessive, repetitive, or not permitted under applicable law. We reserve the right to charge a reasonable administrative fee for manifestly excessive or repetitive requests, to the extent permitted by law.

8.3 You may exercise these rights, or raise any grievance regarding the processing of your personal information, by contacting our Grievance Officer at the details set out in Clause 12. We will endeavour to respond within the timeframe prescribed by applicable law.

9. INTERNATIONAL DATA TRANSFERS

9.1 Your personal information may be transferred to, stored, and processed in countries other than your country of residence, including where our service providers and processors are located. Where required by applicable law, such transfers will be subject to appropriate safeguards.

10. THIRD-PARTY LINKS

10.1 The Platform may contain links to third-party websites or services not owned or controlled by the Company. We are not responsible for, and this Policy does not apply to, the privacy practices of any such third party. You access any third-party website entirely at your own risk.

11. LIMITATION OF LIABILITY

11.1 To the fullest extent permitted by applicable law, the Company's aggregate liability arising out of or relating to this Policy, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you for the order or Service giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.

11.2 In no event shall the Company be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or reputation, arising out of or related to this Policy or the processing of your personal information, even if advised of the possibility of such damages.

12. GRIEVANCE OFFICER AND CONTACT

12.1 In accordance with the Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer for the Platform is:

(i)Name: Mr. Anil Verma

(ii) Designation: Proprietor

(iii) Email: customercare@gaurashtra.com

(iv) Address: 295/1, Khasra No. 582, Rajeev Garden, Raj Nagar Loni, Loni, Ghaziabad – 201102, Uttar Pradesh, India

12.2 For all other queries regarding this Policy, you may contact us at customercare@gaurashtra.com or at the registered address set out above. Shree Shyam Enterprises is the data controller/data fiduciary of your personal information for the purposes of applicable data protection law, unless expressly stated otherwise.

13. CHANGES TO THIS POLICY

13.1 We may amend this Policy at any time, in our sole discretion, to reflect changes in our practices or for legal, operational, or regulatory reasons. The revised Policy will be posted on the Platform with an updated Effective Date. Your continued use of the Platform following any such change constitutes your acceptance of the revised Policy.

14. SEVERABILITY

14.1 If any provision of this Policy is held to be invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions shall continue in full force and effect.

15. GOVERNING LAW AND JURISDICTION

15.1 This Policy shall be governed by and construed in accordance with the laws of India. Subject to Clause 15.2, the courts at Delhi, India shall have exclusive jurisdiction over any dispute arising out of or in connection with this Policy.

15.2 Nothing in this Clause shall be construed to limit or exclude any right you may have to approach a consumer disputes redressal commission, data protection authority, or other statutory forum of competent jurisdiction, where such right cannot lawfully be excluded by agreement.