GlamAR privacy policy

1.
General
1.1
The website https://www.glamar.io/ (“Website(s)”) including any related mobile sites, if any(hereinafter called the “Platform”) are owned and operated by Shopsense Retail TechnologiesLimited (“GlamAR”, “we”, “us” or “our”), a company incorporated under the Companies Act,1956.
1.2
The Platform has several features including virtual try-ons, 3D modelling service(s), AI facialskin analysis etc for users to use the said Service(s) for its personal and/or business use(“Service(s)”).
1.3
The Policy is applicable to users who browse the Platform, use the Services offered on thePlatform and/or create an account on the Platform ("you”, “your”, “User(s)”)
1.4
This privacy policy (“Privacy Policy”), together with the Terms of Use governs your use of thePlatform and describes our policies and procedures on the collection, use, disclosure,processing, transfer, and storage of the information provided to us by you. By using, browsing,accessing, or purchasing any Service(s) from the Platform you agree to be bound by the termsof this Privacy Policy and consent to the collection, storage, possession, dealing, handling,sharing, disclosure or transfer of your information in accordance with the terms of the PrivacyPolicy. We shall not use the User’s information in any manner except as provided under thisPrivacy Policy. Capitalised terms used herein if not defined shall have the same meaning as ascribed to them under the Terms of Use.
1.5
This document is an electronic record and is governed by the provisions under the InformationTechnology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the InformationTechnology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.6
This Privacy Policy sets out the type of information collected from the Users, including the nature of the Sensitive Personal Data or Information (defined hereinafter), the purpose, means and modes of usage of such information and how and to whom we shall disclose or transfer such information. If you are a User located outside of India, you understand and acknowledge that your Personal Information (defined hereinafter) will be processed and stored in our facilities and servers in India and/or any other country, as we choose at our sole discretion. You may at any time withdraw your consent for collection and use of your information including PersonalInformation (defined hereinafter) or Sensitive Personal Data or Information by writing to us at sales@glamar.io. However, please note that if you withdraw your consent, we may no longer be able to provide you with the corresponding Service(s) for which you have withdrawn your consent. It is hereby clarified that your decision to withdraw your consent will not affect the processing of Personal Information based on your previous consent prior to the withdrawal.
1.7
Please take a moment to familiarize yourself with our Privacy Policy. If you do not agree with any provisions of the Terms of Use or this Privacy Policy, we advise you to not use or access thePlatform.
1.8
This Privacy Policy applies to all current and former Users accessing or using the Platform and/or the Service(s), or otherwise engaging with us through email or any other means of communication.
1.9
Some of the information that we require you to provide on first accessing or registering on thePlatform is mandatory and essential to the provision of our Services to you, and hence if you do not provide such mandatory information, you may not be able to access some of the features of the Platform.
1.10
Please note that GlamAR is a provider of Service and not the owner of any inputted data/content that belongs to you or the output created as a result of the inputted data/content . Further more, any content displayed on the User's websites shall be the sole responsibility of the User.
2.
Type of Information Collected
2.1
You may provide and/or upload data and/or information relating to you, your business, yourproduct(s),service(s) or other individual(s) which when combined with other pieces ofinformation available with us could reasonably allow you to be identified, including
2.1.1
name, password, mailing address, phone number, email address and contact preferences;
2.1.2
age, date of birth;
2.1.3
gender;
2.1.4
product preference;
2.1.5
skin and hair type/condition;
2.1.6
health concerns;
2.1.7
information/data that is provided and/or uploaded on the Platform (such as images, videos etc);
2.1.8
any other usage and/or interaction details (collectively be referred to as “Personal Information”).
2.2
You may also provide and/or upload and we may thereupon collect, receive, process or storecertain sensitive personal data or information consisting of, but not limited to:
2.2.1
Password;
2.2.2
Any detail relating to the above Personal Information categories as provided to us forproviding Service(s);
2.2.3
Any of the information provided and/or uploaded under above Personal Information categories to us for processing, which shall be stored or processed under lawful contract or otherwise; and
2.2.4
Biometric information such as facial data or any data and/or information identifying human face and shape ("Facial data") (collectively be referred to as “Sensitive Personal Data”).
2.3
You may provide and/or upload data, Personal Information and/or Sensitive Personal Data in anumber of ways viz anytime you visit, access, use and/or browse the Service(s) and/or thePlatform.
2.4
We may also collect information when you visit, browse, interact and/or use Service(s) on thePlatform, download content from the Platform, open or click on links in emails sent to you, interact or communicate with our customer support.
2.5
You agree to provide and/or upload, Personal Information and/or Sensitive Personal Data,which shall be true, correct, up to date, inoffensive, refined, unobjectionable, civil and accurate.You may access, amend, alter or require deletion of your Personal Information and/or SensitivePersonal Data partially or fully by contacting us at customer care id: sales@glamar.io
2.6
You understand that the Platform is not directed towards minors. We do not knowingly collect Personal Information and/or Sensitive Personal Data from any User who is under 18 (Eighteen)years. If we are made aware that we have collected the Personal Information and/or SensitivePersonal Data of a person below the age of 18 (Eighteen) years, we will take steps to delete the information within a reasonable time frame. If a parent or guardian becomes aware that his or her child has provided his/ her information on the Platform without their consent, he or she shall contact us for the deletion of such Personal Information. In the event, where in contravention to the Privacy Policy and Terms of Use, a person below the age of 18 (Eighteen) uses theService(s), we shall not be held liable or responsible for any damage or injury suffered by such person.
3.
Use of Information Collected
3.1
We may collect, use and/or process your Personal Information and Sensitive Personal Data for the following purposes:
3.1.1
For the purpose of enabling you the Service(s) available on the Platform.
3.1.2
To operate, evaluate, develop, deliver, process and/or improve Service(s) and/or the Platform.
3.1.3
To inform you about our products, Service(s), offers, updates, upcoming events, including providing you information in relation to order confirmations, invoices, technical notices, security alerts.
3.1.4
For internal analytical and research purposes of accounting, auditing, data analysis and other internal functions.
3.1.5
To meet any legal or regulatory requirement or comply with a request from any governmental or judicial authority.
3.1.6
To resolve any request, dispute, grievance or complaint raised by a User in relation to your use of the Platform. and
3.1.7
We may also combine it with other information to provide and improve our Service(s),content and advertising on the Platform.
4.
Disclosure of Information Collected
4.1
We may from time to time be required to disclose the information collected from you with ourthird party service providers who assist us in order to facilitate the provision of Services on thePlatform. For instance, data collected from during providing Service(s) may be shared with language model (LLM) engines that enhance the functionality and performance of theService(s) provided. Please refrain from including any personal information in user content, as this data may be sent to LLM engines, and, consequently, data protection rules and compliances with applicable laws of India will not be applicable to such data. Please note any such third party service provider including but not limited to LLM engines will access, process, use and store such information solely in accordance with their applicable privacy and data security policies. By using the Platform, you unequivocally consent to our right of sharing and/or disclosure of such information with such third-party entities.
4.2
We may from time to time be required to disclose the information collected from you to our third party service providers who assist us in order to facilitate the provision of Service(s) on thePlatform. For instance, we may share your information with a third party payment gateway provider to process transactions on the Platform. By using the Platform, you consent to any such disclosure of your information with third party service providers. We ensure that such third party service providers are bound by reasonable confidentiality obligations and/ or use, maintain and follow generally accepted industry and security standards with respect to such information.
4.3
It is hereby clarified that Facial Data is collected solely for the purposes of analysis and generating User report history, in order to enhance the functionality and personalization of theServices provided. Further, we do not share Facial Data with any third parties.
4.4
We may also disclose your information when such disclosure is requisitioned under any law or judicial decree or when we, in our sole discretion, deem it necessary in order to protect our rights or the rights of other Users, to prevent harm to persons or property, to fight fraud and credit risk.
4.5
We may also disclose or transfer your information to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of us. We shall ensure that third parties to which we transfer or sell our assets will have appropriate confidentiality and security measures, at least as protective as those described in this Privacy Policy, to handle your Personal Information and/or Sensitive Personal Information. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.
4.6
A third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from you by such third party payment gateway providers will be used only for billing and payment processes. The Financial Information collected from you is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. The verification of the Financial Information shall be accomplished only by you through a process of authentication in which we shall have no role to play and hence, we shall bear no liability in relation to the same. We shall neither be liable nor responsible for any actions or inactions of third party payment gateway providers or any breach of conditions, representations and warranties given by them. We shall also not be obligated to mediate or resolve any dispute or disagreement between you and such third party payment service providers.
4.7
While we take best efforts to ensure that your information including Personal Information,Financial Information and Sensitive Personal Data is duly protected by undertaking security measures prescribed under applicable laws, you are strongly advised to exercise reasonable discretion while providing Personal Information, Financial Information and Sensitive PersonalData while using the Service(s) given that the internet is susceptible to security breaches.
4.8
Your information may also be transferred, stored or processed in any country other than the one where you access the Platform. For purposes of sharing or disclosing data in accordance with the Privacy Policy, we reserve the right to transfer your information outside of your country. By using the Platform, you consent to such transfer of your information outside of your country and also within our affiliates, subsidiaries and partners (and their personnel and subcontractors).
4.9
We reserve the right to conduct a security review at any time to validate your identity, age, the state from where you are accessing the Platform and other registration data provided by you and to verify your use of the Service(s) and your financial transactions for potential breach of ourTerms of Use and of the applicable law. By using Platform, you authorize us, our staff, agents to use your Personal Information, Sensitive Personal Data and Financial Information and to disclose the same to third parties for the purposes of validating the information you provide to us.
5.
Security
5.1
The security of your information is important to us. We have implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. When you submit your information on the Platform, your information is protected through our security systems. Please note that we use international and industry-recognized standards such as per applicable laws, rules and regulations.
5.2
Your information is contained within secured networks and is only accessible by a limited number of authorized persons who have access rights to such systems or otherwise require such information for the purposes provided in this Privacy Policy.
5.3
Although we make best possible efforts to transmit and store all the information provided and/or uploaded by you in a secure operating environment that is not open to the public, you understand and acknowledge that there is no such thing as complete security and we do not guarantee that there will be no unintended disclosures of any information and potential security breaches. You agree not to hold us responsible for any breach of security or for any action of any third parties that receive your information or events that are beyond our reasonable control including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
5.4
We have a strong notice and takedown mechanism in place, in case it is brought to our knowledge that the Platform is being misused by you for any illegal or fraudulent activity.
6.
Cookies Policy
6.1
Due to the communications standards on the internet, when you visit, access or browse thePlatform, we automatically receive various electronic identification data, such as the uniformresource locator of the site from which such you visit, access or browse the Platform, details ofthe website you visit on leaving the Platform, the internet protocol (“IP”) address, deviceinformation (including device name, operating system, time zones, and data identifiers),browser data (type of web browser the User is using, email patterns, and the name of the User’sinternet service provider), and location data. This information is used solely to analyse overallUser trends and to help us improve our Service(s). Please note that the link between the User’sIP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate theUser with the Service(s). Notwithstanding the above, the User acknowledges that we reserve the right to share some of the aggregate findings, including the Personal Information, SensitivePersonal Data, Financial Information provided by the Users in an unidentifiable, aggregate form, and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business. The amount of information sent to us depends on the settings of the web browser used by the User to access the Platform. The User may refer to the browser used, if the User wishes to learn what information is provided to us.
6.2
The Platform uses temporary cookies to store certain data. We do not store PersonalInformation and Sensitive Personal Data in cookies. Information collected by us, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by us and may be used by us and third party service providers for technical administration of the Platform, user administration, research, development, and other purposes.
6.3
You understand that you may set or amend your web browsers to delete or disable cookies. If you choose to disable cookies on your computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Platform.
6.4
We may allow other companies or entities to serve advertisements to you. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. We may target some advertisements to you that fit a certain general profile. We do not use your information to target advertisements to you. In the course of serving advertisements or optimizing the Services to its Users, we may allow authorised third parties to place or recognize a unique cookie on the User’s browser.
6.5
You agree and understand that we do not exercise control over third party websites displayed as search results or links on the Platform. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, on which we have no control and shall not be held responsible or liable. We do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of such websites, the website’s provider, or the information on the website.
6.6
We may keep records of telephone calls received from and made to Users for the purpose of administration of Service(s), research and development, training, business intelligence, business development, or for User administration. We may share such telephone records with third parties when required by law or when required to provide or facilitate the User with theService(s).
6.7
You consent to our reproduction/publishing of all testimonials and reviews given by you on the Platform in relation to the Service(s) or products. You agree that we may edit the testimonials and reviews provided by you and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Platform. If the User has any concerns with the reproduction/publication of any testimonial or review provided by you, the User may contact usat customer care id: sales@glamar.io
7.
Opt-Out Policy
7.1
If you choose to opt for or engage with any service offered by a third-party service provider through our platform, we may share the information provided by you with such third parties to facilitate the provision of their services. In such instances, these third-party service providers may market their own services, send promotional emails, or engage in other promotional communication with you. We shall not be liable for any such communications or interactions between you and the third-party service providers.
7.2
If you wish to remove your contact information from all our mailing lists and newsletters, you can click on the "unsubscribe" link or follow the instructions in each email message. Alternatively, you can contact us at customer care id: sales@glamar.io. We reserve the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.
8.
Retention of information
8.1
We will retain User’s information and any data for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted under the applicable law.
8.2
Please note that in case if the User downloads any content from the Platform, the downloaded content will be stored in our service for a period not less than 2(two) years, post which data gets permanently deleted from our servers and/or systems.
8.3
It is further clarified that Facial Data, as defined under this Privacy Policy, shall be retained for a maximum period of three (3) years from the date of collection. Upon the expiry of this retention period, or earlier if requested by the User and permitted under applicable law, such Facial Data shall be permanently and securely deleted from our systems.
9.
Modification
9.1
We reserve the right to amend this Privacy Policy at any time.
9.2
The Privacy Policy, as and when modified, shall be updated on the Platform. We encourage you to review this Privacy Policy whenever you visit our Platform to understand how your information is used.
10.
Governing Law
10.1
The terms of this Privacy Policy shall be governed and construed in accordance with the laws ofIndia. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.
11.
Severability
11.1
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 PrivacyPolicy.
12.
Grievance Redressal
12.1
in accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related toServices being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:
Name : Ms Sana Kazi
Designation : Grievance Officer
Email Address : grievance@gofynd.com