We, at ArtzFly, care about your personal information and the way it is used and shared. Protecting your privacy is very important to us and we are committed to protecting and securing the confidentiality and security of your personal data that you provide to us while using our website www.artzfly.com (“Site”), or when you otherwise contact us.
We do everything we can to protect your rights of privacy on systems and the Site controlled by us, but we are not liable for any unauthorized or unlawful disclosures of your personal and confidential information made by third parties who are not subject to our control, for example advertisers and websites that have links to our Website. You should take note that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks, may be different from ours.
• KINDS OF INFORMATION COLLECTED BY US
We categorize the information we collect about you (collectively referred to as "Personal Information") as follows:
Information Provided to Us: we collect information that you provide to us while visiting the Site (including sensitive Personal Information, wherever applicable), which includes:
• your name, email address, billing address, shipping address, postal code;
• your credit / debit card, mobile payment and other payment details;
• your opt-in option to receive our e-mails, shop online, request a catalog, participate in a contest, promotion or survey or join our social networking sites;
• your reviews, feedback and opinions about our products and services; and
• any other Personal Information you choose to provide to us.
Information We Receive from Others: we may also obtain Personal Information from our third-party service providers, which includes:
• updated delivery and address information from our carriers or other third parties;
• account information, purchase or redemption information, and page-view information from some merchants;
• search results and links, including paid listings;
• select partners that make our service available on their device or with which we offer co-branded services or engage in joint marketing activities.
Information We Collect Automatically When You Use our Site: when you visit our Site, we automatically collect some Personal Information about you, which includes:
• information about your computer, including your IP address, operating system, access times, and browser type;
• details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings;
• information about the computer or mobile device you use to access our Site, including the hardware model, operating system and version, unique device identifiers (such as, IP address, IMEI number, the address of the device's wireless network interface, or mobile phone number used by the device) and mobile network information;
• USE OF INFORMATION COLLECTED BY US
We need your identity details, contact details, banking information and account history to manage our relationship with you and provide services to you. We may use this information for suggesting products and promotional offers and schemes in addition to processing for various purposes, depending on the circumstances for which we may/will need to process your Personal Information, including:
• to communicate with you;
• to maintain and improve customer relationship;
• to assess, process and provide products, services and/or facilities to you;
• to establish your identity and background;
• to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us;
• to provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organized by us and selected third parties which may be of interest to you from time to time;
• to maintain and update internal record keeping;
• for internal administrative purposes;
• to send you seasonal greetings messages from time to time;
• to compile statistical and demographical profiles for our business and marketing activities;
• to monitor, review and improve our events and promotions, products and/or services;
• to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to our products and/or services;
• to process any payments related to your commercial transactions with us;
• to comply with any statutory or regulatory requirement;
• to process and analyse your Personal Information either individually or collectively with other individuals;
• for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
• we collect and store your service usage and transactional information to determine and verify the service charges payable by you and to administer our relationship with you.
Use of information based on your consent:
• facilitate direct marketing, promotional and customer management purposes, including sending you promotional communications (including without limitation emails and push notifications) or special offers if you have consented to receive the same. Please see section “Direct Marketing” below.
• DISCLOSURE OF PERSONAL INFORMATION
We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Personal Information to any third party or otherwise trade on it.
We may share your Personal Information with other organizations in the following circumstances:
• if the law or a public authority says we must share the Personal Information or for the administration of justice;
• if we need to share Personal Information in order to establish, exercise or defend our legal rights (this includes providing Personal Information to others for the purposes of preventing fraud);
• where we restructure, sell or transfer our business (or a part of it). For example, in connection with a takeover or merger;
• with the staff of ArtzFly for data processing and storage; providing you with access to our services; providing customer support; making decisions about service improvements and content development;
• with third party service providers, to provide marketing, advertising, communications, infrastructure, hosting and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data. We do not authorize them to use or disclose your personal information except in connection with providing their services.
We may also disclose aggregate or de-identified data that is not personally identifiable with third parties, including our commercial and strategic partners. We respect the confidentiality of the Personal Information that you provide to us.
• RETENTION OF PERSONAL INFORMATION
• HOW WE PROTECT YOUR INFORMATION
• We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
• Any personal information you provide to us is maintained on secure servers and our internal systems. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data.
• To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system.
• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us by visiting contact page in our online portal at https://www.artzfly.com/index.php?route=information/contact
We cannot guarantee that our Site will function faultless and without any interruptions. We shall not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
• DIRECT MARKETING
From time to time, we would like to use your name, email address, mobile phone number, and other relevant contact information to send you either via emails, SMS messages, telephone calls, push notifications, post, or social media (e.g. Facebook) information that we think may be of interest to you, including about our products and services, news about our membership programs, satisfaction surveys, events, offers and promotions, but we can only do so with your consent.
You may opt-out from receiving marketing communications at any time, by writing to us [email protected].
• CHILDREN’S PRIVACY
If you are under the age of 18, you are not authorized to use the Site without the supervision and consent of the child’s parent or guardian. We do not knowingly collect personal information from children under the age of 13, without the consent of the child's parent or guardian. If you believe we have collected information about a child under the age of 13, please contact us so that we may take appropriate steps to delete such information.
• YOUR RIGHTS
You are entitled to the following rights:
• right of access to the Personal Information we hold about you;
• right of rectification of your Personal Information if the information is incorrect, including the right to have incomplete Personal Information completed;
• right to erasure of your Personal Information that has been processed by us except you have an open order which has not yet been shipped or partially shipped;
• right to restrict data processing;
• right to object against profiling; and
• your personal right to data portability.
Whenever reasonably possible and required, we will strive to grant these rights within one (1) month. You may also withdraw your consent to receiving direct marketing communications, or more generally to our processing of your Personal Information, at any time, and you may in certain circumstances ask us to delete your Personal Information. However, we may not be able to continue providing services to you if you entirely withdraw your consent or ask us to delete your Personal Information entirely.
Terms & Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000 in India.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean artzfly.com and its affiliates.
• artzfly.com ("Website") is an Internet based content and e-commerce portal, by a company incorporated under the laws of India – Erathem Curios Pvt. Ltd.
• Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Artzfly.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify artzfly.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. artzfly.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
artzfly.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). The products can be purchased through the Website through various methods of payments offered. The purchase of products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by product specific conditions, which may be displayed on the webpage of that product.
The User agrees and undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that prior written permission of artzfly.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• violate any applicable laws or regulations for the time being in force in or outside India; and
• violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by artzfly.com.
Exactness Not Guaranteed:
artzfly.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website might actually depend on the size you ordered for. Also the colour of the end product may vary as those compared to the one on the website, which could only be because of the screen settings on your website.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, artzfly.com owns all Intellectual Property Rights to and into the Website. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to artzfly.com without obtaining authorization from artzfly.com.
Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of artzfly.com or the Website and artzfly.com is not responsible for the contents of any Linked Site. artzfly.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by artzfly.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
artzfly.com has endeavored to ensure that all the information on the Website is correct, but artzfly.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall artzfly.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting there from.
Neither shall artzfly.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services. Further, artzfly.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond artzfly.com’s control.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless artzfly.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by artzfly.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at artzfly.com’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon artzfly.com’s shipment to the shipping carrier.
• artzfly.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
• Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until artzfly.com chooses to terminate them.
• If you or artzfly.com terminates your use of the Website or any Service, artzfly.com may delete any content or other materials relating to your use of the Service and artzfly.com will have no liability to you or any third party for doing so.
• You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every content posted on the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]