PRIVACY POLICY

Effective: 1 April 2024

 

Net Distribution Services Private Limited (hereafter “NDC”)

We value the trust that you place in us by sharing your personal data with us. NDC takes your privacy seriously and is committed to handling your personal data in a way that is fair and worthy of that trust. NDC will take all reasonable steps to protect your information from misuse and to keep it secure. We believe it is important to inform you about how we will use your personal data. Therefore, we encourage you to carefully read this privacy policy (“Policy”), which describes our privacy practices and the rights and choices you have regarding your personal data. We also encourage you to read possible additional privacy clauses that may be applicable when you use certain services or purchase certain products.

SCOPE

This Policy applies to all personal data we collect, use, disclose or otherwise process about you when you create an account or, when you visit or use the websites, applications, web shops, platforms, online, mobile, instore or other services of NDC, when you (or the business you represent) purchase our products online (collectively the ‘Services’).

For purposes of this Policy, ‘personal data’ means any information that relates to, describes, or is reasonably associated or linked or likable to you, or through which we can identify you, as further described below in the section ‘Personal Data We Collect’.

WHO WE ARE

ND Commerce is a licensee of the Onitsuka Tiger website(s) - Onitsuka Tiger in India. Net Distribution Services Private Limited is in the business of operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad. However, the Online Store will be used by NDC and any other sellers only to sell Onitsuka Tiger products.

 

NDC is the seller of Onitsuka Tiger products in India and does not manufacture the products.

 

“Onitsuka Tiger”, refers to ASICS India Private Limited, a company duly incorporated under Companies Act, 1956 and existing under the Companies Act 2013, having its registered office at ASICS India PVT. Ltd Unit No. 401, 4th Floor, Worldmark-1, Sector 65, Gurugram, Haryana 122001. India and ASICS Corporation, Japan (hereinafter referred to as “Onitsuka Tiger” which expression shall mean and include its successors and permitted assigns) will be referred to hereafter as ‘we’ or ‘our’. Depending on where you live, which of our products you are purchasing, or which of our Services you are using, we shall be the responsible controller for the personal data we collect.

PERSONAL DATA WE COLLECT

The personal data we collect about you directly when you buy our products, use our Services or otherwise interact with us, from third parties, or automatically for example when you access and use our website and Services vary and may include the following, depending on the circumstances:

 

GENERAL:

 

  • Your (business) contact details. Your name and contact details, such as your telephone number and email address.
  • Your purchases in our stores and online. The data we collect if you use our Services to purchase a product or purchase in store or through the Services, such as the amount and date of your purchase, the product you purchase or Service(s) you use, your clothing or shoe size, the location of the store related to your purchase, your location, the website or app through which you make your purchase, the payment method, payment status, any discount, gift card or voucher code, your invoice, order (tracking) number, the delivery method, the delivery and billing address and, if applicable, information about returns.
  • Your account data (including data added thereon). Data related to your account(s), such as your account name or similar unique account identifier, password, your date of birth, your gender or gender identity, language preferences, the country you live in, your pictures and other information you may voluntarily share with us.
  • Information regarding your use of our online Services. This may include data regarding the pages you visit on our websites, the products and services you like, your wish list and the content of your abandoned shopping cart and products browsed.
  • Details regarding your child(ren). The data we receive from you in relation to your child(ren) related to the Services, for example, their name or nickname, age, gender, shoe size, preferred sports, favourite colour or photo.
  • Your (phone) contacts. The data you voluntary provide us access to in order to allow you to interact with your contacts as part of our Services. NDC will, subject to your consent, access and store information.
  • Your reviews and content. The opinions, experiences, preferences and interests, and product or event reviews that you publish on our websites or Services or share with us online, through social media or otherwise, including your social media handle or other identifier(s), experiences and tips regarding gear, your race day and your training schedule.
  • Your images and recordings. We have CCTV cameras in our Franchisee stores or offices which record your image when you visit these. We may also film or take photos at Onitsuka Tiger (sponsored) events or during other specific interactions. You may also voluntarily submit photos toNDC whilst interacting with our Services.
  • Your communication data, including call recordings. When you contact us for support or other customer service requests including if we communicate with you via e-mail, online, telephone or via social media we will keep records of your requests, any complaints you may have and any other data that we receive. We may, subject to and in accordance with local law, retain a copy of such communications and maintain logs and records of your calls.

Where required under applicable law, we will only collect and use location data if you voluntarily share it with us, and with your prior consent or at your direction, for the purposes set out in this Policy. You may refuse or revoke your consent at any time, as set out below (see the section ‘Your Rights’).

 

PERSONAL DATA WE COLLECT AUTOMATICALLY 

Subject to local law requirements, we may also collect your electronic identification data (obtained by means of cookies, pixel tags, or similar technologies), including personal data about how you access, use and interact with our services. This may include information such as your IP address, MAC address, mobile device identifier (IDFA (identifier for advertisers) or GAID (Google Advertising ID)), cookie ID, cookie content, browser type, browsing and click behaviour and other activities, purchase information, domain name, referrer-URL, access dates and times, hardware and software information and settings, information about the device you use (e.g., device ID, device type), operating system, language, and approximate location. We also may use pixels in HTML emails to understand if you read the emails we send to you. For more information, see the section ‘Cookies, Analytics and Personalization’ below or our Cookie Policy.

HOW WE USE YOUR PERSONAL DATA

NDC uses and processes the personal data it has collected about you for the purposes set out below.

  • For the performance of our agreement with you. In order to manage and handle your purchases (online, in our stores and through wholesale) and to provide you with the Services you requested from us, including handling your requests or administering your accounts, we use your (business) contact details, information regarding your purchases (in our stores, online or through wholesale), your account and electronic identification data, information regarding the Services you used, information regarding your leisure activities, interests and events and information regarding your child(ren).,
  • To comply with a legal obligation. Any information referred to above in the section ‘Personal Data We Collect’ may be used to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law
  • For our legitimate commercial interests. Where we have a legitimate interest in the effective delivery of information, Services and products to you and in the effective and lawful operation of our business (in each case provided such interests are not overridden by your rights) to use the personal data referred to above in the section ‘Personal Data We Collect. Specifically, we may use the relevant personal data listed in the section ‘Personal Data We Collect’:
  1. Marketing and promotional content and other campaigns: to send you gifts or discount coupons, for example at the end of year or on your birthday; to send you newsletters or general marketing materials and promotional content as well as surveys about products and Services you have purchased, used, or may be interested in; or to remind you by email of your abandoned cart and products browsed. NDC may, subject to and in accordance with applicable law, do so via postal
    mail, email, SMS, other electronic means or otherwise. You may at any time opt out of receiving such marketing materials by following the instructions in the communication you received from us. You can also control your marketing preferences via your profile settings or by reaching out to us;
  2. Improving our products and Services: to improve our products and Services as well as to better understand our customers both on an aggregated and on an individual basis. This also means that we analyse your use of our products and Services and we use this information to improve our products and Services and to give you a better user experience (e.g., we analyse what web pages you visit, which products and Services you use and like, and how you use these products and Services, which enables us to create personal profiles and to assess what may be interesting to you, to personalize recommendations we can give you when you purchase our products or

    use our Services (e.g., based on your previous purchases and use of our Services)). Creating such personal profiles of our customers also enables us to send you personalized marketing materials that relate to your use of our products and Services, if you have chosen to receive such materials;
  3. Advertising: to promote our products and Services and to allow us to provide, personalise, measure, and improve our digital advertising. For example, to show you suggestions and targeted ads (including on third party websites or social media) based on how you interact with us or to create specific target audiences. To do this, we may share limited personal data (such as electronic identification data, contact information, country and conversion status) with our advertising partners, including social media platforms such as Facebook, Instagram, Google, Snapchat, Pinterest etc. Please note that such information may not be used for our advertising partners’ own (marketing) purposes;
  4. Analytics and statistics: to generate aggregated statistics and analytics about users of our products and Services and in store visitors; 
  5. Surveys and feedback: to obtain feedback on our products and Services and develop and improve the quality of our products and Services (e.g., by conducting customer satisfaction surveys or research);
  6. Security: for security and fraud prevention and detection purposes; for system integrity purposes (preventing hacking, cheats, spamming, etc.); to prevent, detect and investigate fraud, misuse, harassment or other types of unlawful activities and to take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of this Policy and our applicable agreements and terms of use;
  7. Business Operations: to facilitate our business operations, and to operate company policies and procedures; and to enable us to merge, sell, acquire, or transfer assets (including to negotiate the aforementioned); and
  8. Other purposes: for other legitimate business purposes permitted by applicable law.

To the extent that we rely on our legitimate interests as a legal basis for our use of your personal data, you have the right to object to such use, and we must stop such processing, unless we can either demonstrate compelling legitimate grounds for the use that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims (see ‘Your Rights’).

  • Use of information based on your consent. Where you have provided and we rely on your consent
  1. we may use the personal data for the purposes set out in this Policy.
  2. we may use the personal data referred to above in the section ‘Personal data we collect’ for marketing purposes based on your profiles via email, SMS, app, push notification, other electronic means or otherwise; recording our customer service calls for quality and management purposes;; sending our newsletters; and if you consent to participate in certain of our research projects.
  3. we may also ask for your consent to process certain personal data for other specific purposes. If we do so, we will provide you with full details of the personal data that we would like to process and the reason for such use, so that you can carefully consider whether you wish to consent.

You can withdraw your consent at any time as described in the section ‘Your Rights’ below.

HOW WE SHARE YOUR DATA

We may share your personal data with the following parties:

  • Service Providers and Data Processors. With third party vendors, agents, service providers, and affiliated entities that are based in India or outside India we engage to provide services to us on our behalf, such as support for the internal operations of our websites(including payment processors and third parties we use for sending your orders to your home address), Services (e.g., technical support processing), research, digital marketing as well as related offline product support services, data storage and other services.
  • In providing their services, these third parties may access, receive, maintain or otherwise process personal data on our behalf. Our contracts with these service providers do not permit use of your information for their own commercial purposes. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal data and only process it in accordance with our instructions.
  • Partners. Sometimes NDC may offer you a service or application in co-operation with partners or co-sponsors, in such cases, we may also disclose your personal data to the relevant partners, but only where you have consented or directed that we do so, or where doing so is necessary to fulfil your order or respond to your request. We will notify you prior to the sharing, and you will have the choice not to participate or to otherwise object to such sharing.
  • Advertising or marketing partners. We may share limited personal data (such as electronic identification data, contact information, country and conversion status) with our advertising partners, including social media platforms such as Facebook, Instagram, Google, Snapchat, Pinterest etc. to show you suggestions and targeted adverts (also on websites of third parties or social media) based on how you interact with us or to create specific target audiences.
  • Third parties in case of legal requirement. We may also disclose your personal data if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it is necessary or appropriate to disclose personal data to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to any claims against us; and, to protect the rights, property, or personal safety of NDC, our customers, or the public.
  • Corporate Transaction. We may disclose personal data, as part of any actual or contemplated merger, sale, transfer of NDC’s assets, acquisition, bankruptcy, or similar event, including related to due diligence conducted prior to such event, where permitted by law.
  • With Consent. We may also disclose information about you, including personal data to any other third parties, where you have consented or requested that we do so. Notwithstanding anything else in this Policy, we may collect, use, and share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual. 

COOKIES, ANALYTICS AND PERSONALIZATION

Subject to your prior consent (to the extent required), we and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, and use of the Services. We may combine this “activity information” with other personal data that we collect about you.

Generally, we use this activity information to understand how our Services are used, track bugs and errors, improve our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising purposes, to personalize content and for analytics purposes. For more detailed information about these mechanisms and how we collect and use activity information, see our Cookie Policy.

  • Do-Not-Track. Please note we do not respond to browser do-not-track requests. You may, however, disable certain cookies as discussed in the our Cookie Policy.

SOCIAL MEDIA

Our Services may contain links to third-party social networking sites and plugins to facilitate social media functions, which may collect personal data about you. These third parties may collect information about you if you click on a link and may automatically record information about your browsing behavior every time you visit their respective sites or services. If you participate in social media forums like Facebook, X (formally Twitter), Snapchat, Yammer, Pinterest, Instagram, LinkedIn, etc., you should be familiar with and understand the tools provided by those sites that allow you to make choices about how you share the personal data in your social media profile(s).

Please note that the relevant privacy practices or policies of these third parties – not this Policy – apply to the processing of data by these tools, so we encourage you to read the applicable privacy notices, terms of use and related information about how your personal data is used in these social media environments.

Also, depending on the choices you have made regarding your settings on various social media sites (and/or in combination with your settings on this website), certain personal data may be shared with NDC about your online activities and social media profiles (e.g., interests, marital status, gender, username, photo, comments and content you have posted/shared etc.).

IF YOU ARE UNDER 18 YEARS OF AGE OR A PERSON WITH DISABILITY

Our online services are not directed to children under eighteen 18 years of age and we do not knowingly collect personal data directly from children under the age of eighteen (18). If you believe we have collected information about a child under the age of 18 without a legal basis, please contact us (see ‘The Compliance and Legal Officer- Contact and Queries’ below) so that we may take appropriate steps to delete such information.

If you are at below 18 years of age or a person with disability, you must get the consent of your parent or legal guardian before you give us any personal data about yourself. Your parent or guardian should contact the NDC- and provide us with their name, e-mail address and any other identifying information that we may request. NDC needs this information in order to verify that they have provided the necessary consent. We may follow up by phone or other means in some circumstances. If you are under 18 years of age, do not contact us or provide us with any personal data until after your parent or guardian has sent us an e-mail consenting to your contact and provision of such information.

INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA

Please be informed that we transfer and process any personal data you provide to us to countries other than your country of residence. The laws of these countries may not provide an equivalent level of protection to your personal data as the laws in your home country. NDC will therefore seek to ensure that all adequate safeguards are in place and that all applicable laws and regulations are complied with in connection with such transfer.

In each instance, NDC will assess the transfer and ensure that any additional technical and organizational measures are put in place to ensure that an adequate level of protection is provided.

SECURITY

NDC has implemented technical, physical, and organizational measures and controls, designed to protect the personal data we collect against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or wrongful destruction, and loss. Please be aware that despite our efforts, no security measures can guarantee absolute security. In addition, you can also take certain steps to protect your account and your personal data, for example, not reusing passwords across multiple websites, choosing passwords that are not easily guessed, and promptly reporting any suspicious activity or unauthorized account access.

DATA RETENTION

NDC retains your personal data for as long as required to satisfy the purpose for which they were collected and used (for example, for the time necessary for us to send you the newsletters you subscribed to, to provide you with customer service, answer queries or resolve technical problems, etc.), unless a longer period is necessary for our legal obligations or to defend a legal claim.

If you have created an account with us, we will delete such account and your personal data upon your request or up to thirty (30) days after it has become inactive. We will consider your account ‘inactive’ when you haven’t used your account for a period of two (2) years. Before your account becomes inactive, we will notify you to use your account to prevent your account from becoming inactive. When we close your account, your personal data will be deleted. Also, we may retain certain data of your personal data for a longer period, if necessary to comply 
 
legal requirements or where necessary to establish, exercise or defend our legal rights (including to respond to actual or potential legal claims).

YOUR RIGHTS

You may, subject to applicable law, have the following rights concerning your personal data: right to access to the summary of your personal data being processed, the right to correct, complete, update, or erase their personal data, withdrawal of consent (opt-out) the right to know the identities of data fiduciaries and processors the data has been shared with, right to have objection of data disclosure, and the right to nominate an individual to exercise your rights in cases of death or incapacity. If you would like to exercise any of these rights, please contact legal@ndslindia.com.

To the extent that we are relying on our legitimate interests to use your personal data, you also have the right to object to such use (unless we can either demonstrate compelling legitimate grounds for the use that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims).

We will respond to your privacy rights request consistent with applicable law. For your and the protection of others, we may (depending on the type of request) need to verify your request and identity before addressing your request.

You may revoke your consent for receiving marketing communications at any time, free of charge by following the instructions in any marketing communication. You can also control these preferences in your profile settings.

In case of your death your legal representatives or legal heirs or nominee (as the case may be) would have the rights over your data. In case you wish to nominate your nominee, you can do so by providing the details to NDC, which can be found here. NDC shall initiate the process of deleting all personal data pertaining to the deceased individual from its systems and records, unless retention of such data is required by applicable law or for legitimate purposes. ASICS shall implement appropriate procedures to verify the death of the individual and to ensure the secure and irreversible deletion of the data in accordance with applicable data protection laws and regulations.

In case you may have a question or complaint about how we process your personal data, you can send an email to the NDC for using your personal data. Alternatively, you may consider lodging a complaint with the Data Protection Board of India.

OTHER WEBSITES

Our website contain links to third-party websites; if you follow these links, you will exit our website. While these third-party websites are selected with care, NDC cannot accept liability for the use of your personal data by these organizations. For more information, please consult the privacy statement of the website you are visiting (if such a statement is provided).

CHANGES TO THE POLICY

We may change this Policy from time to time by posting the updated version of the Policy on our websites and applications. If we make any changes to this Policy that materially affect our practices with regard to the personal 

 
data we have previously collected from you, we will endeavor to give you reasonable notice in advance of such change by highlighting the change on our websites or notifying you electronically We encourage you to visit frequently to stay informed about how we use your personal data.

THE COMPLIANCE AND LEGAL OFFICER- CONTACT AND QUERIES

If you have any questions regarding the processing of your personal data or this Policy, please contact legal@ndslindia.com.

THE COMPLIANCE AND LEGAL OFFICER- INDIA

Net Distribution Services Pvt. Ltd

A – 302, Dipti Classic, 32/34 Suren Road, Andheri (East), Mumbai - 400093, Maharashtra, INDIA

Email: legal@ndslindia.com 

EFFECTIVE: 1st Jan' 2022

Net Distribution Services Private Limited (hereafter “NDC”) is committed to protecting the privacy of its visitors (hereafter the "Visitors," "you" or “your”) to our Internet world wide web site  www.onitsukatiger.com/in/en-in (hereafter referred to as the “Website”) that links directly to this privacy policy about the protection of personal information online. We aim for the Website to be a safe and enjoyable environment for you.

This privacy policy (hereafter the "Policy") primarily describes:

  • the information that NDC collects through the Website, which is hosted and operated from India;
  • the use and role of cookies and similar technologies on the Website; and
  • the security measures NDC has in place to protect the information that NDC gathers through the Website.

This Policy does not govern NDC’s collection of information through any website, or by any other means, other than through this Website, or the collection of information by any parent, or subsidiaries of NDC ("Other Entities").

Visitors are encouraged to read this Policy before using the Website. By using the Website, you agree to the terms and conditions of this Policy and the Terms and Conditions, available at  < https://www.onitsukatiger.com/in/en-in > . If you do not agree to the terms and conditions of this Policy and the Terms and Conditions, please do not use the Website.

1. Information Gathered by the NDC Through the Website.

NDC gathers two basic types of information through the Website: (i) "Personal Information," information from which an individual can be identified, and (ii) "Aggregate Information," from which an individual cannot be identified.

a. Personal Information. Personal Information. You are not ordinarily required to register or provide Personal Information in order to access the Website, though certain functionalities such as a membership program, through which purchasers of products may receive discounts on online purchases, participating in any contests, etc., may require registration. NDC collects Personal Information from you only when you voluntarily provide it to NDC - for example, in contacting NDC through the Website, filling in the form for applying for a vacancy or while requesting for a visit to the manufacturing plant of NDC, or exploring business opportunities with NDC, answering surveys and polls, entering contests, sweepstakes, raffles and similar promotions, signing up for email updates and announcements concerning the NDC’s products and special promotions, and purchasing the NDC’s merchandise. Personal Information may include your contact information (such as your name, postal address, telephone numbers and/or email address), as well as your payment information, such as credit card number and expiration date ("Payment Information"), which will be collected if you wish to purchase any product or merchandise made available through the Website ("Transaction").

b. Aggregate Information. When you visit the Website, the NDC and the third parties with whom the NDC has contracted to provide services, may collect anonymous information from three sources: server log files, cookies, and pixel tags.

  • Server Log Files. Your Internet Protocol (IP) address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in the NDC’s server log files whenever you visit the Website, along with the time(s) of your visit(s) and the page(s) that you visited. IP addresses of all Visitors are used by the NDC to calculate the Website usage levels, to help diagnose problems with the Website's servers, and to administer the Website. NDC may also use IP addresses to communicate or to block access by Visitors who fail to comply with the Policy and/or the Terms and Conditions of Use of the Website. Collecting IP addresses is a standard practice followed on the Internet and is carried out automatically by many websites.
  • Cookies. Cookies are data that a web server transfers to an individual's computer for record keeping purposes. Cookies are an industry standard used by most websites, and help facilitate users' ongoing access to and use of a particular website. Cookies do not cause damage to the computer system or files, and only the website that transfers a particular cookie to the computer system can read, modify or delete such cookie. If you do not want your information to be collected through the use of cookies, there is a simple procedure to be followed, in most of the browsers, by the user that allows the user to delete existing cookies, automatically decline cookies, or to be given the choice of declining or accepting the transfer of particular cookies to the user’s computer system. You should note, however, that declining cookies may make it difficult or impossible for you to access certain portions of the Website.
  • Pixel Tags. The Website may use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") to compile aggregate statistics about Website usage and response rates. Pixel Tags enables NDC to maintain a count of the users who have visited certain pages of the Website. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and as to when the email was opened and read by the receiver of the e-mail.

 

2. Use and Disclosure of Information Gathered By NDC Through the Website.

a. Personal Information. NDC may use Visitor’s Personal Information in any of the following ways:  

  • Communications. NDC encourages the Visitors to contact NDC with questions and comments. Personal Information may be used by NDC in order to respond to the respective Visitor’s questions and comments.
  • Business Purposes. NDC may also use the Personal Information of its Visitors for internal business purposes, such as analysing and managing its businesses. The Personal Information collected from the Website may be combined with other information collected by NDC via other online or offline sources, with demographic information and other information that is available in the public domain.
  • Transactions. When you take part in a Transaction through the Website such as purchasing products or merchandise, NDC may collect Payment Information from you related to such Transaction as well as other Personal Information such as shipping address for shipping of the ordered products or merchandise purchased through the Website. NDC may use your Personal Information or Payment Information in order to complete the Transaction and, if applicable, to fulfil your purchase. The Payment Information may also be shared with the third parties, as may be necessary, to complete your Transaction (for example, to process the payment made through the credit card).
  • Contests, Competitions and Other Promotions. From time to time, contests, competitions and similar promotions may be organized through its Website that may require online registration by the Visitor for participating in such contest, competition or promotion (which may include name, email, user ID and password). NDC may ask you for certain Personal Information during the process of registration for participating in such contest, competition or promotional schemes. NDC may share this Personal Information with third party sponsors of such contests, competitions and promotions (irrespective of whether it is hosted by NDC), in accordance with the rules applicable to such contest, competition or promotion. You should carefully review the rules of each contest, competition and promotion in which you participate through the Website, as they may contain certain additional important information about NDC or a sponsor's use of your Personal Information. To the extent that the terms and conditions of such rules concerning the treatment of your Personal Information enlarge the scope of use of such information in terms of this Policy, the terms and conditions of such rules shall also apply.
  • Special Promotions and Product Information. In addition, NDC reserves the right to use your Personal Information for sending you the e-mails of updates and announcements concerning NDC’s products and special promotions. You may opt-out of receiving these messages from NDC at any time (see Section 5 “Choice” below).
  • Critical Communications. NDC may from time to time and as may be necessary use your Personal Information to send emails consisting of important information regarding the Website, your Transactions, or for notifying any amendments or modifications to the terms, conditions, and policies of NDC with respect to use of this Website ("Critical Emails"). Since Critical Emails would consist of important information you shall not have the option of not receiving Critical Emails.
  • Third Party Service Providers. NDC works with third parties who provide services, including website hosting, credit card processing, data analysis, newsletter services, promotional activities, and other administrative services. NDC may share your Personal Information, including your Payment Information, with such third parties, as may be necessary, for the purpose of enabling such third parties discharge the provision of such services. Your Personal Information may also be shared with the manufacturer of the products ordered/ purchased by you on the Website or with entities responsible for delivering the products ordered / purchased by you on the Website.
  • Miscellaneous. NDC may disclose your Personal Information if NDC believes that it is required to do so: (i) by law; (ii) to comply with legal process or governmental requests; (iii) to enforce the Terms and Conditions of Use; (iv) to protect our operations; (v) to protect the rights, privacy, safety or property of NDC, you or others; and (vi) to enable itself to pursue the available remedies or limit the damages that it may sustain.

b. Aggregate Information. NDC may analyse Aggregate Information in order to enhance the Website security, track the popularity of certain pages of the Website, track success of our email notifications, assess traffic levels on the Website and other usage data, all of which would help NDC to provide content tailored to the interests of the consumers, improve the Website and related services and to otherwise enhance Visitor’s experience on the Website. NDC may also share the Aggregate Information with its Other Entities and other third parties for provision of such services or for completion of your Transactions on the Website.

3. Other Important Notes Regarding NDC’s Privacy Practices.

a. Special Note for Parents and Children. Website and the contents therein are intended for a general audience and not intended for utilization directly or independently by children under 18 years of age. If you are a child under the age of 18 years and desire to use this Website or purchase any products or merchandise (if sold through this Website), please request your parents to complete the necessary registration formalities and complete the Transaction. Any use of this Website or any of its features by a child under the age of 18 years must be under parental supervision. NDC does not directly contact children under the age of 18 years for promotion of its special offers or for marketing purposes. NDC also does not knowingly collect Personal Information from any child under the age of 18 years.

b. Security. NDC has adequate security measures and tools in place to help protect against the loss, misuse, and alteration of the information under NDC’s control. Whenever any Visitor furnishes his/her credit card number, that credit card number is transmitted by the Visitor’s browser in an encrypted format using industry-standard, SSL (secure socket layer) encryption method. Even though, NDC endeavour’s to protect its Visitor’s Personal Information, NDC cannot guarantee the security of any information transmitted to NDC, through or in connection with the website. If you have reason to believe that your interaction with NDC is no longer secure (for example, if you feel that the security of any account you might have with NDC has been compromised), you must immediately notify NDC of the problem by contacting us in accordance with "Contact Us," below (note that physical mail notification will delay the time it takes for NDC to address and respond to the problem).

c. Other Third Party Sites. The Website may contain links to third party websites. These linked sites (including the web sites of NDC’s Other Entities) are not under the control and supervision of NDC and NDC shall in no way be responsible for the privacy practices or the contents of any such third party linked websites, or any information contained in any linked websites. NDC provides such links only as a convenience, and the inclusion of a link on the Website does not imply endorsement of the linked website by NDC . If you furnish your Payment Information or other Personal Information through any such third party website, your transaction will occur on such third party's website (and not the Website) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. It is important that you familiarize yourself with the privacy policies and practices of any such third parties, before furnishing any Personal Information or Payment Information on their websites.

d. Assignment. NDC reserves the right to transfer any and all information that it collects from the Visitors to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of NDC’s assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

4. Updating Your Information and Contacting Us.

NDC has adequate procedures in place to keep your Personal Information accurate, complete and up to date for the purposes for which it is collected and used. You may review the information maintained by NDC and wherever appropriate, you may request NDC that such information be corrected. NDC also provides an option for reviewing, correcting, updating or otherwise modifying information, you have previously provided, for which, you may send a mail at the following postal mail address:

The Compliance and Legal Officer

Net Distribution Services Pvt Ltd

A 302 Dipti Classic

32/34 Suren Road

Andheri East

Mumbai 400093

India

Or email legal@ndslindia.com

Please clearly indicate the information that you wish to review or have changed. NDC will endeavour to comply with your request as soon as reasonably possible.

Note that despite any removal of or change to Personal Information requested there may also be residual information that will remain within NDC’s databases and other records, which will not be removed or changed.

5. Choice.

From time to time, NDC may ask you to indicate whether you are interested in receiving emails and other information from NDC or not. If you elect to receive these communications, NDC will occasionally send you emails or other information that match your requests and offer you promotions and coupons.

If at any time you wish to stop receiving these email communications from NDC, you may put up a request for discontinuation of sending of such e-mails by emailing, calling or writing to NDC using the contact information provided on the Website or by using the unsubscribe feature in the email received by you. Please indicate that you wish to stop receiving email communications from NDC. However, you shall not have the option of discontinuing the receipt of Critical Emails from NDC.

In addition, NDC does not disclose your Personal Information to third parties, including NDC’s subsidiaries and the holding companies, for third-party's direct marketing purposes if NDC has received and processed a request from you that your Personal Information should not be shared with third parties for such purposes. If you would like to submit such a request, you may do so by emailing, calling or writing to NDC using the contact information provided above. Please indicate that you request that NDC should not disclose your Personal Information to its subsidiaries and/or other third parties for direct marketing purposes.

6. Changes to This Policy.

NDC reserves the right to change this Policy, and any of its policies or procedures concerning the treatment of information collected through the Website, without prior notice. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to the Policy will become effective upon posting of the revised Policy on the Website. Use of the Website following such changes constitutes your acceptance of the revised Policy, then in effect. NDC encourages you to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Policy.

This Policy represents the sole, authorized statement of NDC’s practices with respect to the collection of Personal Information through the Website and the manner of use of such information by NDC. Any summaries of this Policy generated by third party software or otherwise (for example, in connection with the Platform for Privacy Preferences or "P3P") shall have no legal effect, shall not be binding on NDC, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.

7. Consent Amendments; Law.

By using this Website, you consent to the terms of this Policy and to the use and management of Personal Information and Payment Information by NDC for the purposes and in the manner herein provided. Should this Policy change, NDC intend to take every reasonable step to ensure that these changes are brought to your attention by posting the updated Policy on the Website.

Your visit and any dispute over privacy are subject to this Policy. The said Policy shall be governed by and construed in accordance with the laws of the Republic of India. Further, it is irrevocably and unconditionally agreed that the courts of Delhi, India shall have exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.

This Policy © 2018. All rights reserved.