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Privacy Notice And Data Protection Policy

Some journeys begin with a carefully written business plan. Ours began rather simply—with food, family and an instinct not to let good food go to waste.

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PRIVACY NOTICE AND DATA PROTECTION POLICY

Effective Date: DD/MM/YYYY

Last Updated: DD/MM/YYYY

1. PRELIMINARY

1.1 Purpose of this Privacy Notice

a) This Privacy Notice ("Notice") explains how TASTEIUM FOODS PRIVATE LIMITED ("Company", "we", "us" or "our") collects, receives, uses, stores, discloses and otherwise processes personal data and other information relating to individuals who access or use __________________ (the "Platform"), or otherwise interact with us in connection with our products and services.

b) This Notice is intended to provide transparent information regarding our data processing practices and shall be read together with the terms and conditions, terms of use, end user licence agreement and other policies applicable to the Platform, as relevant.

c) The Company shall process personal data in accordance with applicable law, including, to the extent applicable and in force from time to time, the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the rules and regulations made thereunder, the Information Technology Act, 2000, and other applicable laws and regulatory requirements relating to privacy and data protection.

1.2 Scope and Applicability

This Notice applies to personal data processed by the Company in connection with:

  • access to or use of the Platform;
  • registration and maintenance of a user account, where applicable;
  • purchase, subscription or use of the Company's products or services;
  • communications with the Company, including customer support, enquiries, complaints and feedback;
  • participation in surveys, promotions, events or other activities conducted by or on behalf of the Company; and
  • other interactions with the Company in which personal data is provided or otherwise lawfully collected.

This Notice applies only to processing activities undertaken by or on behalf of the Company. Where the Platform contains links to third-party websites, applications, products or services, such third parties may have their own privacy notices and data processing practices, for which the Company shall not be responsible except to the extent required under applicable law.

Company and Privacy Contact Information

Company Name: ______________

Registered Office: ______________

Website/Application: ______________

Email: ______________

Privacy/Grievance Contact: ______________

Data Protection Officer, if applicable: ______________

2. DEFINITIONS

For the purposes of this Notice, unless the context otherwise requires:

  • "Applicable Law" means any law, statute, regulation, rule, notification, direction, order or other legally binding requirement applicable to the Company or the processing of personal data by the Company.
  • "Data Principal" shall have the meaning assigned to that expression under the DPDP Act, where applicable.
  • "Data Fiduciary" shall have the meaning assigned to that expression under the DPDP Act, where applicable.
  • "Data Processor" shall have the meaning assigned to that expression under the DPDP Act, where applicable.
  • "Personal Data" means any data about an individual who is identifiable by or in relation to such data, as defined under Applicable Law.
  • "Processing" shall have the meaning assigned to it under Applicable Law and shall include, where applicable, collection, recording, organisation, storage, use, disclosure, sharing, transmission, retrieval, alteration, erasure or destruction of Personal Data.
  • "Platform" means ___________, including its website, mobile application, software, interfaces, features and related services, as applicable.

3. CATEGORIES OF PERSONAL DATA COLLECTED

3.1

Depending upon the nature of the services provided and your interaction with the Platform, the Company may process the following categories of Personal Data:

  • Identity and Contact Information: such as name, email address, telephone/mobile number, postal or communication address and other information used to identify or communicate with you.
  • Account and Authentication Information: such as username, account identifier, authentication information, profile information and information relating to your account.
  • Transaction and Payment Information: such as billing details, transaction details, payment status, invoices, purchase history and other information necessary to process or administer payments. Where payment processing is carried out through third-party payment service providers, certain payment information may be collected and processed directly by such providers in accordance with their respective terms and privacy practices.
  • Technical and Device Information: such as IP address, browser type, operating system, device information, device identifiers, network information and technical logs.
  • Usage and Interaction Information: such as information regarding your use of the Platform, pages or features accessed, interaction history, preferences and similar usage information.
  • Communications and Support Information: such as information contained in enquiries, complaints, feedback, support requests and other communications with the Company.
  • User-Generated or Voluntarily Provided Information: any information that you voluntarily provide through forms, profiles, uploads, submissions, surveys or other features of the Platform.
  • Other Information: such other information as may be collected or processed where necessary for the purposes described in this Notice or as otherwise permitted or required by Applicable Law.

The specific categories of Personal Data processed by the Company will depend upon the services offered, the features used and the manner in which you interact with the Platform.

4. PURPOSES OF PROCESSING

4.1

Subject to Applicable Law and, where required, your consent or other lawful authorisation, the Company may process Personal Data for the following purposes:

  • to register, create, authenticate and administer user accounts;
  • to provide, operate, maintain and improve the Platform and the products or services requested by you;
  • to process orders, subscriptions, payments, refunds and related transactions;
  • to communicate with you regarding your account, transactions, services, security matters, technical issues, changes to the Platform and other administrative matters;
  • to provide customer support and respond to enquiries, complaints, requests and feedback;
  • to personalise or improve your experience of the Platform, where applicable;
  • to monitor, analyse and improve the performance, functionality, security and usability of the Platform;
  • to detect, prevent and investigate fraud, unauthorised access, abuse, security incidents and other unlawful or prohibited activities;
  • to protect the rights, property, safety and security of the Company, its users and other persons;
  • to comply with applicable legal, regulatory, tax, accounting, judicial or governmental requirements;
  • to establish, exercise or defend legal claims and protect the Company's legal rights and interests;
  • to conduct audits, internal reviews, business administration and record keeping; and
  • for such other specific purposes as may be disclosed to you at or before the time the relevant Personal Data is collected or as otherwise permitted by Applicable Law.

5. BASIS AND AUTHORISATION FOR PROCESSING

5.1

The Company shall process Personal Data only where permitted under Applicable Law and, where required, on the basis of consent or other lawful authorisation recognised under Applicable Law. Where processing is based on consent, the Company shall seek consent in the manner and form required by Applicable Law. Consent shall be capable of being withdrawn through an accessible mechanism, subject to the legal and practical consequences of such withdrawal.

5.2

Depending upon the circumstances and Applicable Law, Personal Data may also be processed for specified purposes permitted by law without separate consent, including where the Personal Data has been voluntarily provided for a specified purpose, where processing is necessary to comply with a legal or regulatory requirement or lawful order, or in other circumstances recognised under Applicable Law.

5.3

Where the Company relies upon consent, the relevant notice or consent mechanism shall identify the Personal Data to be processed and the specific purpose or purposes for which such processing is undertaken, in accordance with Applicable Law.

6. SHARING AND DISCLOSURE OF PERSONAL DATA

6.1

The Company may disclose or otherwise make Personal Data available to third parties where reasonably necessary for the purposes described in this Notice, for providing the Platform or services, or where permitted or required by Applicable Law. Such recipients may include:

  • Data Processors and Service Providers: third-party service providers engaged for functions such as cloud hosting, information technology, payment processing, customer support, communications, analytics, security, fraud prevention, professional services and other business operations.
  • Business and Professional Advisers: legal, accounting, audit, insurance, consulting and other professional advisers, where reasonably necessary.
  • Group Entities and Business Partners: affiliated entities, business partners or service providers where required for providing or administering the relevant services and subject to Applicable Law.
  • Government Authorities and Law Enforcement: where disclosure is required or permitted by Applicable Law, pursuant to a lawful order, direction, summons, warrant or other legally valid process, or where reasonably necessary to protect the rights, safety or security of any person.
  • Other Parties: such other persons or entities where disclosure is authorised by you, reasonably necessary for the relevant transaction or service, or otherwise permitted under Applicable Law.

6.2

The Company shall take reasonable steps, as required under Applicable Law, to ensure that third parties engaged to process Personal Data on its behalf process such data only for authorised purposes and maintain appropriate safeguards.

6.3

The Company does not sell Personal Data for monetary consideration, unless expressly disclosed otherwise and permitted by Applicable Law.

7. CROSS-BORDER PROCESSING AND TRANSFERS

7.1

Depending upon the nature of the services and the location of the Company's service providers, Personal Data may be processed or stored in India or in other jurisdictions. Where Personal Data is transferred, accessed or processed outside India, the Company shall do so in accordance with Applicable Law and any restrictions, requirements or safeguards applicable to such transfer or processing.

7.2

The specific locations of processing and the third-party service providers involved may vary depending upon the services used by you and the Company's operational requirements.

8. DATA RETENTION

8.1

The Company shall retain Personal Data only for as long as reasonably necessary to fulfil the purposes for which it was collected or otherwise processed, or for such longer period as may be required or permitted under Applicable Law.

8.2

The applicable retention period may depend upon the nature of the Personal Data, the purpose of processing, the nature of the relationship with you, contractual requirements, applicable limitation periods, legal and regulatory requirements, accounting and tax obligations, dispute resolution requirements, fraud prevention and security requirements, and the establishment, exercise or defence of legal claims.

8.3

Where Personal Data is no longer required for a lawful purpose, the Company shall take reasonable steps to delete, anonymise or otherwise dispose of such Personal Data in accordance with Applicable Law and its applicable retention and deletion practices.

8.4

Where you request deletion of Personal Data or withdraw consent, the Company shall consider and process such request in accordance with Applicable Law. Withdrawal of consent or a request for deletion may not result in immediate deletion where continued retention or processing is permitted or required by law or is otherwise necessary for a lawful purpose.

9. RIGHTS OF DATA PRINCIPALS

9.1

Subject to Applicable Law and the applicable commencement and implementation requirements, Data Principals may have the following rights in relation to their Personal Data:

  • the right to obtain information or access relating to Personal Data processed by the Company, as provided under Applicable Law;
  • the right to correction or completion of Personal Data, where applicable;
  • the right to erasure of Personal Data, subject to applicable legal and contractual exceptions;
  • the right to withdraw consent where processing is based on consent;
  • the right to grievance redressal;
  • the right to nominate another individual to exercise applicable rights in accordance with Applicable Law; and
  • such other rights as may be available under Applicable Law.

9.2

Requests for exercising applicable rights may be submitted through the mechanism specified in this Notice or through such other mechanism as the Company may make available from time to time.

9.3

The Company may require reasonable information necessary to verify the identity or authority of the person making a request and to protect against fraudulent or unauthorised requests.

9.4

The Company shall respond to valid requests within the timelines prescribed under Applicable Law.

10. WITHDRAWAL OF CONSENT

10.1

Where the processing of Personal Data is based on your consent, you may withdraw such consent through the mechanism made available by the Company for this purpose.

10.2

The mechanism for withdrawing consent shall, where required under Applicable Law, be as accessible as the mechanism through which consent was provided.

10.3

Withdrawal of consent shall not affect the lawfulness of processing carried out before such withdrawal.

10.4

Where you withdraw consent, the Company may no longer be able to provide certain products, services, features or functionalities that depend upon the relevant processing. The Company shall inform you of such consequences where required or reasonably appropriate.

10.5

Withdrawal of consent shall not prevent the Company from retaining or processing Personal Data where such processing is otherwise permitted or required under Applicable Law.

11. CHILDREN'S PERSONAL DATA

11.1

The Platform is [not intended for / may be accessed by] individuals below the applicable age of majority or such other age as may be relevant under Applicable Law.

11.2

Where the Company processes Personal Data relating to a child or a person with disability having a lawful guardian, the Company shall comply with the requirements applicable to such processing under Applicable Law, including requirements relating to verifiable consent, where applicable.

11.3

The Company shall not knowingly undertake processing of children's Personal Data in a manner prohibited by Applicable Law, including prohibited tracking, behavioural monitoring or targeted advertising, where such restrictions apply.

11.4

Where the Company becomes aware that Personal Data of a child has been collected or processed contrary to Applicable Law, it may take reasonable steps to delete or otherwise address such Personal Data, subject to legal requirements.

12. DATA SECURITY

12.1

The Company shall implement reasonable technical and organisational measures appropriate to the nature of the Personal Data processed and the risks associated with such processing, with a view to protecting Personal Data against unauthorised access, disclosure, alteration, loss, misuse, destruction or other unauthorised processing.

12.2

Depending upon the nature of the services and the risks involved, such measures may include access controls, authentication mechanisms, encryption or other security technologies, logging and monitoring, backup and recovery measures, employee confidentiality obligations, vendor controls and other appropriate safeguards.

12.3

No method of transmission or storage over the internet or electronic systems can be guaranteed to be completely secure. Accordingly, while the Company takes reasonable measures to protect Personal Data, absolute security cannot be guaranteed.

12.4

Where a Personal Data breach occurs, the Company shall take such steps as may be required under Applicable Law, including investigation, mitigation, notification and remedial measures, where applicable.

13. COOKIES AND SIMILAR TECHNOLOGIES

13.1

The Platform may use cookies, pixels, web beacons, software development kits, device identifiers and similar technologies for purposes such as authentication, security, functionality, preferences, analytics, performance measurement and, where applicable, advertising or marketing.

13.2

The Company's use of cookies and similar technologies is further described in its Cookie Policy, as updated from time to time.

13.3

Where consent is required under Applicable Law for the use of particular cookies or tracking technologies, the Company shall obtain and manage such consent through the mechanism made available on the Platform.

14. PERSONAL DATA BREACH

14.1

If the Company becomes aware of a Personal Data breach affecting Personal Data processed by it, the Company shall assess and respond to the incident in accordance with its incident response procedures and Applicable Law.

14.2

Where Applicable Law requires notification of a Personal Data breach to affected individuals, regulatory authorities or other persons, the Company shall provide such notification within the prescribed manner and timeframe.

14.3

The Company may take such measures as it considers reasonably necessary to contain, investigate, mitigate and remediate the effects of a Personal Data breach.

15. GRIEVANCE REDRESSAL AND CONTACT INFORMATION

15.1

If you have any question, concern, complaint or request relating to the processing of your Personal Data or this Notice, you may contact the Company's designated privacy or grievance contact at the details provided below:

Name: _______

Designation: [Privacy Officer / Grievance Officer / Designated Contact Person]

Email: ____

Telephone: ____

Address: ___________________

15.2

The Company shall acknowledge and address grievances and requests within the timelines and in the manner prescribed by Applicable Law.

15.3

Where Applicable Law provides for escalation to a regulatory authority, tribunal, board or other statutory mechanism, you may exercise such right in accordance with the applicable procedure and requirements.

15.4

The Company may update the contact details specified above from time to time without requiring an amendment to the substantive provisions of this Notice.

16. AUTOMATED PROCESSING AND PROFILING

16.1

Depending upon the features of the Platform, the Company may use automated tools, analytics, algorithms or similar technologies to improve service delivery, detect fraud or security threats, personalise user experiences, provide recommendations, analyse usage patterns or perform other legitimate business functions.

16.2

Where automated processing or profiling is subject to specific requirements under Applicable Law, the Company shall comply with such requirements.

17. THIRD-PARTY WEBSITES AND SERVICES

17.1

The Platform may contain links to, integrations with or references to third-party websites, applications, payment services, software, products or other services.

17.2

The privacy practices of such third parties are governed by their respective terms and privacy policies. The Company is not responsible for the privacy practices of independent third parties except to the extent required under Applicable Law.

17.3

You should review the privacy notice and other applicable terms of any third-party service before providing Personal Data to such third party.

18. MARKETING AND COMMERCIAL COMMUNICATIONS

18.1

Where permitted by Applicable Law, the Company may send you service-related, promotional, marketing or other commercial communications through email, telephone, SMS, messaging applications or other communication channels, based on your preferences and the permissions or consent required under Applicable Law.

18.2

You may opt out of receiving promotional or marketing communications by using the unsubscribe or opt-out mechanism provided in the relevant communication or by contacting the Company through the details specified in this Notice.

18.3

Withdrawal or refusal of marketing communications shall not affect the Company's ability to send communications that are necessary for providing the services, administering your account, processing transactions, maintaining security or complying with Applicable Law.

19. CHANGES TO THIS PRIVACY NOTICE

19.1

The Company may update or modify this Notice from time to time to reflect changes in its data processing practices, services, technology, Applicable Law or regulatory requirements.

19.2

The revised version shall be published on the Platform with an updated effective date. Where required by Applicable Law, the Company shall provide additional notice or obtain consent in respect of material changes.

19.3

You are encouraged to review this Notice periodically to remain informed about how the Company processes Personal Data.