This Policy (together with the Terms of Service and any other document(s) referred to in the Terms of Service) explains what we do with your Personal Data when you visit, access, use, browse our Platform, raise any request for quotation (“RFQ“) and when we provide services to you through our Platform, Applications and Services. It describes how we collect, use and process your Personal Data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your rights. For the purpose of applicable Data Protection Law, the company responsible for your personal data is TDI.
Please read this Policy carefully to understand our views, policies and practices regarding your Personal Data and/or Sensitive Personal Data and how we will treat it. By accessing, browsing or using the Services and / or registering for a TDI Account (as defined hereinafter), you agree to this Policy and you are expressly consenting to TDI’s collection, processing, use, disclosure, retention, and protection of your Personal Data and/or Sensitive Personal Data as described here. If you do not provide the Personal Data and/or Sensitive Personal Data that TDI requires, TDI may not be able to provide all of its Services to you. This Policy is effective upon your accessing, using or downloading the Platform, Application and/or use of our Services.
IF YOU DO NOT AGREE TO THE POLICY PLEASE DO NOT ACCESS, BROWSE, USE OR DOWNLOAD THE PLATFORM, SERVICES AND/OR THE APPLICATION.
“Applicable Laws” shall mean any and all: (a) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (b) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.
“Application“, singular or plural, refers to any of html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to Users by us.
“Content” means all information that is created, uploaded, posted and stored on the Platform such as text, photos, audio, video, or other materials and information, including the reviews and includes any other information made available by TDI on or through the Platform including proprietary TDI content and any content licensed or authorized for use by or through TDI from a Third Party (as defined hereinafter).
“Data Protection Law” means any data protection, data security or privacy law, including, without limitation, the Indian Information Technology Act, 2000, and any laws and rules thereunder governing Personal Data, Sensitive Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.
“Dispute” shall have the meaning given to it in Clause 15.3.
“Governmental Authority” means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.
“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.
“Intellectual Property Rights” or “IPR” include: (a) all rights, title, and interest under any statute or under applicable law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (e) all extensions and renewals thereof; and (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
“Party” refers individually to each of you and TDI.
“Parties” refer to both you and TDI jointly.
“Personal Data” means any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information.
“Personal Identification Information” means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.
“Platform” means www.toolsdepotindia.in(or any successor site) and its related sub-domains, sites, mobile applications and tools or such website or any other mobile Application powered by TDI to provide Services, but does not include any website or mobile application owned or operated by a Third Party that may be accessed from any page on www.toolsdepotindia.in or mobile application powered by TDI.
“Products” means the products offered by TDI for sale on the Platform or otherwise including but not limited to tools and all related accessories and spares such as drilling machines, angle grinders, rotary hammers, drill drivers, impact drivers, impact wrenches, demolishing tools, fastening tools, grinding machines, polishing sanding tools, sawing tools, cutting tools, planning/routing tools, multi cutters, etc. and all related accessories and spares along with facilities management equipment such as safety equipment, office supplies, safety equipment, office supplies, site maintenance equipment, traffic management equipment. Soaps, cleaners, polishes, coatings related to automobile, equipment maintenance and facilities maintenance along with necessary accessories such as cloths, brushes, spray bottles, pipes and more of such for domestic, household, educational, commercial, industrial, government or public use or services required in connection with or in relation to any of the foregoing business.
“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to (a) password; (b) financial information such as bank account or credit card or debit card or other payment instrument details; (c) physical, physiological and mental health condition; (d) sexual orientation; (e) medical records and history; (f) biometric information; (g) any detail relating to the above clauses as provided to body corporate for providing service; and (h) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
“Services” means the Products and services we offer on our Platform such as sale of the Products, ancillary services related to the Products, delivery of the Products or any other products and services made available by TDI to the User.
“TDI Account” means the account created and registered on the Platform by the User and which comprises of all details including Personal Data.
“Third Party” shall mean a party which is not a signatory to the Terms of Service and this Policy.
“User” capitalized or otherwise, means the person who accesses and/or uses, the Services, Platform, Application and, if authorized and applicable, the entity on whose behalf any person accesses or uses the Services.
“We” capitalized or otherwise refers to TDI and related phrases “us” and “our” should be understood accordingly.
“You“, “Your” capitalized or otherwise means the User.
All terms capitalized but not defined here in shall carry the same meaning as ascribed to them under the Terms of Service.
1. Information We Collect
- In order to provide the Services to you, we may collect, use, or disclose the following (set out below) data about you. Please note that the term Platform used in this Policy shall also include any Application offered by TDI to provide the Services.
- information that you provide on the Platform while creating a TDI Account, raising a RFQ, purchasing any
Product on the Platform or information/details provided by you on the Platform which includes your Personal Identification Information, Personal Data,
Sensitive Personal Data and other information provided at the time of browsing the Platform, registering to use the Platform and our Services, posting
material or requesting further Services from us. In order to authenticate the information provided by you to us, we may also collect copies of government
issued identification documents such as GST certificate, company certificate, PAN Card, passport or driving license as permitted by Applicable Laws;
- if you contact us, we may keep a record of thatcorrespondence and information within;
- we may also ask you to complete surveys that we use for research, marketing, promotional or any other purposes,
although you do not have to respond tothem;
- details of transactions you carry out through the Platform;
- details of your visits to the Platform and the resources that youaccess;
- documents and information uploaded on to the Platform for creating a TDI Account;
- details of bank accounts or credit card information which you link toour Platform and to your TDI Account in order
to process payments;
- geo-location information, IP address, sensor data from your device, information about things near your device, such as wi-fi access points, cell towers, and bluetooth-enabled devices subject to your settings and device permissions;
- information about the apps, browsers, and devices you use to access our Platform, which helps us provide features like automatic updates. The information we collect includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number;
- other additional information provided by you when you fill a form, update or add information to your TDI Account, respond to surveys, communicate with our customer care team or use other features of our Platform;
- other information as may be required or necessary, for example in connection with a promotion or when you report a problem with the Platform; and
- information directly related or incidental to any of theabove.
- information that you provide on the Platform while creating a TDI Account, raising a RFQ, purchasing any
- We collect your Personal Data in three primary ways:
- Personal Data that you give to us;
- Personal Data that we receive from other sources; and
- Personal Data we collect automatically
2. Our Purpose and Use
- By using our Services, creating a TDI Account or accessing the Platform, you grant us the permission to collect, use, copy, transmit, store and back-up your Personal Data and/or Sensitive Personal Data for purposes of the Services and/or for any other purpose(s) as contemplated by the Policy and the Terms of Service. This is subject to the restrictions in Clause 10 of this Policy.
- We shall not be responsible for the authenticity of the Personal Identification Information, Personal Data, Sensitive Personal Data or any other information supplied by you to us or any other person acting on our behalf
- The purposes for which Personal Data and/or Sensitive Personal Data may be used by us include:
- to enable you to access and use our Platform and Services including responding to your RFQ and/or enquiry, delivering any Products available on the Platform, providing ancillary services related to the Products;
- ensuring that the Content(s) of the Platform are presented in the most effective manner for you and for your computers and otherdevices;
- providing you with alerts, newsletters, materials or information that you have requested or signed upto;
- carrying out our obligations arising from any contracts entered into between you and us;
- allowing you to participate in interactive features of our Services, when you choose to doso;
- complying with the Applicable Laws and regulations;
- for legal proceedings, including collecting overdue amounts and seeking professional advice;
- improving and furthering ourServices;
- to notify you about changes to the products and services that we offer and to directly market these products and services to you and also informing you about our latest deals, products, services, updates and special offers and for promotion and marketing purposes;
- resolving disputes; troubleshooting problems; measuring your interest in the Products and Services provided by us;
- detecting and protecting us against error, fraud and other criminal activity;
- enforcing the Terms of Service;
- providing customer service;
- sending service or support messages, security alerts, TDI Account notifications, updates etc.;
- optimizing the Platform and User experience and customizing your experience;
- improving our marketing and promotional efforts, to analyze site usage, push relevant advertisements, improve our services content and service offerings, and customize the Platform’s Content, layout, and Services; and
- purposes directly related or incidental to any of theabove.
- When you access the Platform, use our Services or enter Personal Data on the Platform, such Personal Data and Sensitive Personal Data is used by the Platform in accordance with the terms of this Policy. You acknowledge and agree that the Platform may also aggregate (gather up data across all TDI Accounts) information and disclose such information in a non-personally identifiable manner to advertisers and other Third Parties for other marketing and promotional purposes.
- You agree that we may use your Personal Data to contact you, send mailers and deliver information to you that, in some cases, are targeted to your interests, such as targeted administrative notices, services offerings, and communications relevant to your use of the Platform. We use information we collect, like your email address, to interact with you directly. We may let you know about upcoming changes or improvements to our Services and Products. By accepting the Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to Opt-Out of the receipt of certain communications in your TDI Account. You may make changes to your TDI Account at any time.
- Disclosure of your Personal Data Personal Data and Sensitive Personal Data will also be used to facilitate communication, and processing of internal administrative andrecordkeeping.WewillkeepthePersonal Data and Sensitive Personal Data weholdconfidentialandtakestepsto prevent unauthorized disclosures of the same to the best of our ability. However, you agree we may disclose such information to:
- Our personnel, employees, agents, advisers, auditors, contractors, financial institutions, and service providers including but not limited to logistic providers etc. to the extent reasonably necessary for the provision and maintenance of the Services or in connection with any of ouroperations;
- our overseas offices, affiliates, business partners and counterparts (if any);
- the requisite persons in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms of Service or the Policy;
- persons under a duty of confidentiality tous;
- persons to whom we are required to make disclosure under Applicable Laws and regulations;
- from time to time, to reveal general statistical information about our Application and visitors, such as number of visitors, number and type of products and services purchased, etc; or
- actual or proposed transferees or participants of our Services.
- Provided that we may share your Sensitive Personal Data without obtaining your prior consent with (a) Government Authorities mandated under the Applicable Law to obtain information including Sensitive Personal Data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences and (b) any Third Party by an order under the Applicable Law for the time being in force.
3. Cookies and Similar Technology
- We may automatically track certain information about you based upon your behavior on our Platform or while accessing our Services. You agree that we may use such information to do internal research on our Users’ demographics, interests, and behavior to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis.
- Some of the cookies that we use are as follows:
- Strictly necessary cookies. These are cookies that are required for the operation of the Platform. They include, for example, cookies that enable you to log into secure areas of the Platform or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps us to improve the way the Platform works, for example, by ensuring that Users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to the Platform. This enables us to personalize our Content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Commercial cookies. These are used to display personalized advertisements on our websites as well as other Third Party websites. This is based on browsing activities and enables us to understand what destinations you are searching for or the accommodations you have viewed.
- We may use certain Third-Party web analytics services on the Platform such as Google Analytics or tools offered by Facebook and/or LinkedIn. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Platform. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the Platform. These analytic services may use the data collected to contextualize and personalize the marketing materials of their own advertising network.
- Google Analytics
- Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google’s ability to use and share information collected by Google Analytics is in accordance with its policies:http://www.google.com/policies/privacy/partners/.
- You can prevent Google’s collection and processing of data by using the Google Ads Settings page or by downloading and installing its browser plug-in (https://tools.google.com/dlpage/gaoptout).
- You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of the Platform. You further agree that if you send us personal correspondence, such as emails or letters, or if other Users or Third Parties send us correspondence about your activities or postings on the Platform, we may collect and/or store such information.
- What we do
- We are committed to the safety and security of your Personal Data and Sensitive Personal Data. We care about protecting your information. That’s why we put in place appropriate measures that are designed to prevent unauthorised access to, and misuse of, your Personal Data. We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures, including firewalls, encryption measures and disaster recovery plans.
- If you suspect any misuse or loss of or unauthorised access to your personal information please let us know immediately. Please raise your concern at email@example.com, in the first instance, and we will investigate the matter and update you as soon as possible on next steps.
- We also may subject ourselves to regular checks by Third Party security evaluation specialists and restrict access to your Personal Data by our personnel on a need-to-know basis only. Once we have received your Personal Data, we will use strict procedures and security features to try to prevent, as far as is reasonably possible, unauthorized access to your Personal Data.
- You shall accordingly agree that we shall not be held liable for any accidental dissemination of Personal Data that has occurred in spite of our best efforts and procedures to maintain confidentiality.
- What you should and should not do – You should keep your TDI Account user ID/username and password strictly confidential at all times and should not share these details with anyone. In public areas, you should exercise caution and not leave your computer/device unattended especially whilst logged into your TDI Account. The use of established malware and virus protection software and apps for your device is recommended. You should also avoid using public computer terminals to access your TDI Account, unless you can adequately verify that the terminal is free from spyware and that you can erase all of your information upon exiting the terminal. We will not be liable for any loss or damage arising from unauthorized access to your TDI Account due to any failure to comply with these precautions.
- Please remember that if you post any of your Personal Data in public areas of the Platform, such information may be collected and used by others over whom we have no control.
5. Changes to this Policy
By using the Platform and our Services, you agree to the terms of this Policy. We may revise the terms of this Policy from time to time and will always present the most up-to-date version on our Platform. It is your responsibility to periodically review and keep yourself apprised of the latest terms but, if any revision meaningfully affects your rights, we will take reasonable steps to notify you of such changes.
6. Third Party Links
7. Children’s Personal Data
Unless otherwise indicated, you are only allowed to use our Platform and Services if you are over the age of 18 (eighteen) years. We will only process information about children with the consent of the parents or legal guardian or when the information is provided to use by the parents or legal guardian.
8. Third-Party Service Providers
We may use a variety of Third Party service providers to help us provide the Services relating to our Platform. Service providers may be used for the following purposes: (a) to provide shipping, return, warranty and any other related services; (b) to authenticate your identification information and documents; (c) to check information against public databases; (d) for fraud prevention and risk assessment; (d) to allow the provision of Services through Third Party platforms and software tools; (e) to provide customer service and for marketing, and (f) to process and handle claims. The Third Party service providers shall have limited access to your Personal Data for performance of the above tasks and in accordance with our strict directions and policies.
9. Data Retention
- We may retain Personal Data for as long as it is necessary. We will not keep your Personal Data for longer than is necessary for the purposes for which we collect it unless we believe that the law or other regulation requires us to preserve it. It may be archived as long as we believe that the purpose for which it was used still exists or as necessary for our legitimate business interests or for complying with legal obligations.
- When it is no longer necessary to retain your data, we will delete the Personal Data that we hold about you from our systems. While we will endeavor to permanently erase your Personal Data once it reaches the end of its retention period, some of your Personal Data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists in the electronic ether, our employees will not have any access to it or use it again.
10. Personal Data Policy
- You have provided Personal Data and/or Sensitive Personal Data in connection with the use, browsing, access of this Platform and to process any application for Services from TDI, where failure to supply such Personal Data may result in an application for Services being rejected.
- We intend to use your Personal Data in advertising and marketing of our Services. We may also provide your Personal Data to social media platforms / other persons for their use in direct marketing, whether or not such persons belong to TDI. Please note that the social media platforms and other similar platforms are not controlled or supervised by TDI and any queries regarding how such Third Party platform will process your Personal Data should be directed to such provider.
- HOWEVER, we cannot do so without your consent, once you have provided TDI your details if you wish to Opt-Out and not receive any future communications, please opt-out from the mail list by using the unsubscribe link provided in our mailers. If you decide to tick unsubscribe/opt-out, you are indicating that you DO NOT wish TDI to use your Personal Data in direct marketing and DO NOT wish to receive direct marketing materials by phone, SMS, mail, email, fax or any other communication channels and DO NOT wish TDI to provide your Personal Data to any other persons for their use in advertising and marketing, whether or not such persons are members of TDI except where you have applied for or will apply for any service that is provided by TDI jointly with a co-branding partner, such Opt-Out will not apply to such co- branding partner to whom you have consented or shall consent to the provision of your Personal Data separately.
11. Your Consent and Rights
- You have various rights in relation to the data which we hold about you. We have set these out below. To get in touch with us about any of these rights, please contact firstname.lastname@example.org. We will seek to deal with your request without undue delay, and in any event within 1 (one) month (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise.
- to check whether we hold Personal Data about you and to access suchdata;
- to ask for a copy of the Personal Data we hold about you;
- to require us to correct when communicated to us by you in writing, as soon as reasonably practicable, any data relating to you that is inaccurate or deficient;
- to ascertain our policies and practices in relation to Personal Data and the kind of Personal Data held by us;
- to object to the use of your Personal Data where we do so for one of the following reasons (i) because it is in our legitimate interests to do so; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials; or (iv) for scientific, historical, research, or statistical purposes.
- right to withdraw consent, where we have obtained your consent to process your Personal Data for certain activities; and
- to ask us to erase and forget your Personal Data.
- Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to email@example.com. We reserve the right to charge a reasonable fee for processing any data access request(s).
12. Indemnity and Limitation of Liability
For any breach of the provisions of this Policy, TDI shall indemnify you in accordance with the indemnification and limitation of liability provisions set forth in the Terms of Service.
13. Data Protection
- We will (a) comply with all applicable Data Protection Laws and privacy laws; (b) comply with all standards that relate to Data Protection Law and privacy laws and the privacy and security of your Personal Data; (c) refrain from any action or inaction that could cause breach of any data protection and privacy laws; (d) do and execute, or arrange to be done and execute, each act, document and thing we deem necessary in our business judgment to keep us compliant with the Data Protection Laws and privacy laws; (e) immediately report theft or loss of Personal Data.
- Any Personal Data collected or accessed by us shall be limited to that which is strictly necessary to perform our obligations in relation to the Services or to fulfil any legal requirements. We shall use such Personal Data only as necessary in this regard and not for any other purpose. We shall maintain such Personal Data in strict confidence in accordance with the provisions of this Clause. We shall not share any Personal Data that is collected or possessed by us with any Third Party for any reason except as expressly stated in the Terms of Service and this Policy.
- You agree that other than as stated in this Policy, we shall have the right to collect and/or use or analyse the Personal Data on an anonymised basis and in no way shall the Personal Data be used in a way that can lead to or reveals your identity.
- We shall take reasonable steps to protect your Personal Data in the Third Party service providers possession from unauthorized use, access, disclosure, alteration or destruction. Security measures shall include access controls, encryption or other means, where appropriate.
14. Grievance Officer
In the event you have any grievances or questions about the Policy or if you wish to make a complaint regarding any violation of the provisions of the Policy and the way your Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of grievance/complaint.
Email ID: firstname.lastname@example.org
15. Dispute Resolution, Governing Law and Jurisdiction
- Any complaint or dispute can be raised in writing to our compliance team at email@example.com.
- This Policy shall be governed by and construed in accordance with the laws, rules and regulations of India, and the courts of Pune shall have exclusive jurisdiction over any disputes arising between the Parties.
- If any disputes or claims arising under or out of or in connection with the execution, interpretation, performance, or non-performance of this Policy or in respect of the scope, validity or application of this Policy, or the subject matter hereof (“Dispute”), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
We may assign any of our responsibilities/obligations to any other person without notice to the User, at our sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this Policy to any other Third Party, unless a written consent is taken from us.
Any notice given by either Party to the other must be in writing, by email, or by electronic communication via the Platform and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to TDI must be sent by email to firstname.lastname@example.org or to any other email address notified by email to the User by TDI, or by electronic communication via the Platform from time to time for such purpose.
19. Third Parties
No Third Party shall have any right, benefit or entitlement to enforce any terms of this Policy.