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Privacy Policy

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND ABRACADABRA (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE I ACCEPT TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND ABRACADABRA FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO ABRACADABRA AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Abracadabra as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

Ashirward Private limited and its affiliates (individually and/ or collectively, "Abracadabra") is/are concerned about the privacy of the data and information of users (whether registered or non-registered) accessing or purchasing products on Abracadabra's website.

The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of Abracadabra and the terms "You" /"Your" / "Yourself" refer to the users. This Privacy Policy is a contract between You and the respective Abracadabra entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms and Conditions.

Abracadabra has provided this Privacy Policy to familiarize You with:

·         The type of data or information that You share with or provide to Abracadabra

·         Information collected and storage of such Information:
The "Information" (which shall also include data) provided by You to Abracadabra or collected from You by Abracadabra consists of "Personal Information" and "Non-Personal Information".

·         Personal Information:
Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:

·         Your name,

·         Your password,

·         Your address,

·         Your telephone number,

·         Your e-mail address or other contact information,

·         Information regarding your transactions on the Website, (including sales or purchase history),

·         Your financial information such as bank account information or credit card or debit card or other payment instrument details,

·         Internet Protocol address,

·         Any other items of ‘sensitive personal data or information' as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;

You hereby represent to Abracadabra that:

·         The Information you provide to Abracadabra from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Abracadabra

·         Your providing the Information to Abracadabra and Abracadabra’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.

·         Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws.

Security & Retention

The security of your Personal Information is important to us. Abracadabra strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. Each of the Abracadabra entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Abracadabra entities from any claim of damages under contract or under tort.

Abracadabra may share your Information with third parties under a confidentiality agreement such third parties will not disclose the Information further unless such disclosure is for the Purpose. However, Abracadabra is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Abracadabra is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

Notwithstanding anything contained in this Policy or elsewhere, Abracadabra shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A Force Majeure Event shall mean any event that is beyond the reasonable control of Abracadabra and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Abracadabra), power or electricity failure or unavailability of adequate power or electricity.

While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.

You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

Further Acknowledgements

You hereby acknowledge and agree that this Privacy Policy:

  • is clear and easily accessible and provide statements of Abracadabra’s policies and practices with respective to the Information;
  • provides for the various types of personal or sensitive personal data of information to be collected;
  • provides for the purposes of collection and usage of the Information;
  • provides for disclosure of Information; and
  • provides for reasonable security practices and procedures.