The website https://www.shopcapsul.com/ (“Platform”) is operated by Capsul Collective Private Limited(“Company”), a company incorporated under the laws of India and having its registered office at No. 18/4, Ground Floor, Unit-1, Cunningham Road, Saleh Center, Bangalore, Karnataka- 560052. Through the Platform, the Company seeks to facilitate the listing, exhibition and offering for sale of street wear and related products from multiple brands (“Products”)to the users of this Platform (“Users”).
The terms ‘Company’ or ‘us’ or ‘we’ refer to Capsul Collective Private Limited, the operator of the Platform. The terms ‘you’, ‘your’ or ‘user’, and all its grammatical variations, refer to the Users.
By using, browsing, accessing, or purchasing from the Platform you agree to be bound by the terms of this Policy and consent to the collection, storage, possession, dealing, handling, sharing, disclosure or transfer of your information in accordance with the terms of the Policy. You hereby further consent to the transfer and/or storage of user information and data across borders in accordance with applicable laws. We shall not use the User’s information in any manner except as provided under this Policy.
Terms not defined herein (including specifically capitalized terms) will have the meaning ascribed to them in the Company’s Terms and Conditions for the Platform, as available athttps://www.shopcapsul.com/pages/terms-and-conditions(“Terms and Conditions”).
This Policy was last modified on 24 June, 2022.
This Policy may be replaced or supplemented or modified in order to fulfil requirements of applicable local law or to provide you with additional information on how we process your data.
This Policy explains:
- the purpose of collection of information about you and the purposes for which such information maybe put to use;
- the information we may collect about you through the Platform;
- how we will protect and use information we collect about and from you;
- the circumstances in which we might disclose your details to anyone else;
- when we may use your details to contact you; and
- how you can be sure the information we hold about you is accurate and current.
1. PURPOSE AND USAGE
1.1 We collect and use your Personal Information in order to operate, provide, develop, and improve the Platform services and Products that are offered to the Users through the Platform. Without prejudice to the generality of the foregoing, the purposes for which we may use your Personal Information include:
(a) For creating and giving you access to your registered account on the Platform.
(b) Taking and fulfilling orders, delivering Products, processing payments and communicating with you about your orders, Products listed on the Platform, promotional offers, loyalty programmes etc. and other marketing and advertising campaigns.
(c) Improving functionality, analyzing performance, fixing errors, and improving the usability and effectiveness of the Platform.
(d) Recommending Products that might be of interest to you, identifying your preferences, and personalizing and enhancing your experience with the Platform.
(e) Complying with applicable laws as required.
(f) Safeguarding Users from online threats, including preventing and detecting fraud and abuse.
(g) To resolve any request, dispute, grievance or complaint raised by you in relation to your use of the Platform.
2. INFORMATION GATHERED
2.1 In general, you can visit our Platform without purchasing the Products or revealing your identity or any Personal Information about yourself. However, you may not be able to access certain portions, features and sections of the Platform unless you login using your existing account credentials on the Platform and absent such credentials, create a new account to register on the Platform. Additionally, you will have to confirm that you have read and agreed to the Policy and the Platform’s Terms and Conditions available at https://www.shopcapsul.com/.
2.2 Information that we collect from you at registration or at any other time will vary depending upon the activity you seek to engage in, and in this respect, if you choose to sign up, we shall, at the first instance collect your name, email address, phone/mobile number and an account password for your user account on the Platform from you. We may also collect your date of birth when you sign up. When you seek to place an order for purchase of Product/s on the Platform, we shall also collect your residential address and billing address. You may add or update certain information, in which case we may keep a copy of the prior version for our records. Further, if you are registered on the Platform as a User and/or wish to purchase the Products, as part of your profile on the Platform or otherwise as part of your transaction on the Platform, you may be required to provide, inter alia, the following information:
(b) email address;
(c) phone/mobile number;
(d) billing address;
(e) shipping address.
2.3 In addition, we may collect demographic information such as information about your mobile device, computer, tablet, hardware, software, platform, media, Internet Protocol (IP) address and connection, information about online activity such as feature usage and click paths, and other data that you may provide in surveys or while completing your account profiles and date and time of such access. We may combine demographic information with Personal Information to tailor our offerings or web pages as per your preferences or interests.
2.4 We will provide you the option to withdraw consent that you have already provided with respect to the collection of your Personal Information. Such option may be exercised by you, by writing to us at firstname.lastname@example.org, or in such other manner as may be specified on the Platform. Please note, however, that withdrawal of consent will not be retrospective and will be in accordance with the terms of this Policy, the Terms and Conditions, and applicable laws. However, in the event that you opt out as specified hereinabove, you may no longer be able to access certain features or avail certain services of the Platform.
3. PERSONAL INFORMATION
3.1 Personal Information means any information that may be used to identify you and that is not otherwise publicly available, including, but not limited to, your first and last name, age, place of residence, email address, phone number or other contact information.
3.2 We may collect Personal Information from you when you register and create an account on the Platform to view the Products, or otherwise voluntarily provide such information. Further, in the case of Users purchasing any Products, we may use such Personal Information in order to verify your credentials, in handling orders, for the purpose of contacting you in the course of facilitating the confirmation of your order, communication in relation to the order and facilitating and processing the delivery and returns of the Products.
3.3 We may use Personal Information and other information received and collected from you to facilitate the delivery of the Products you have requested, to enable you to access and update your account on the Platform, or any part thereof, and to contact you upon your request and when otherwise necessary. We may also use Personal Information for auditing, research and analysis, and to operate and improve our Platform and the Products listed on the Platform. In certain circumstances, we may share aggregated non-personal information with third parties. When we use third parties to assist us in processing your Personal Information, we require that they comply with our Policy and any other appropriate confidentiality and security measures. We may also share such information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, acting against claims of infringement of third party rights, ensuring the security of our network and services, protecting the rights, property and safety of Users or the general public, and otherwise enforcing compliance with the Terms and Conditions and this Policy.
4.1 In the event you seek to purchase a Production the Platform, please note that the Platform engages the services of third party payment gateway providers to provide payment processing and solutions services on the Platform (“Third Party Payment Gateway Provider”). Accordingly, such 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, your UPI ID, or your bank account details (collectively referred to as “Financial Information”). You acknowledge that your usage of the services of the Third Party Payment Gateway Provider and all Financial Information collected from you by such Third Party Payment Gateway Provider will be subject to the terms and conditions of service of such Third Party Payment Gateway Provider. 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 the Third Party Payment Gateway Provider or any breach of conditions, representations and warranties given by the Third Party Payment Gateway Provider. We shall also not be obligated to mediate or resolve any dispute or disagreement between you and the Third Party Payment Gateway Provider.
4.2 The Company may also share information (including Personal Information) as provided by you and data concerning usage of the Platform with third party service providers, vendors and platform providers engaged by the Company as well as the Company’s partners and the third party brands, licensors and Product manufacturers associated with the Platform or the Company, for the purpose of operating the Platform and offering services and Products therefrom, fulfilling orders, Product purchase and delivery, data analytics or other similar purposes, storage purposes, improving the Products and helping the Company serve you better.
4.3 By using the Platform, you hereby expressly agree and grant consent to the collection, use and storage of this Personal Information by the Company. In the event the Company sells or transfers all or a portion of its business assets, or merges with or is acquired by another entity, Personal Information may be shared, disclosed or transferred as part of the transaction, provided that the entity with which the information is shared or the combined new entity (in the case of a merger) will be required, on best efforts basis, to comply with the standards of this Policy, in respect of the usage of your Personal Information. You hereby expressly grant consent and permission to the Company for disclosure and transfer of your Personal Information to such third parties. Further, the Company reserves the right to disclose Personal Information as obligated by law, in response to duly authorized legal process, governmental requests and as necessary to protect the rights and interests of the Company.
4.4 Where we propose to use your Personal Information for any other uses, we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for the use of your Personal Information, other than as listed above or elsewhere in this Policy.
4.5 While we take best efforts to ensure that your information including Personal Information, Financial Information and Sensitive Personal Information is duly protected by undertaking security measures prescribed under applicable laws, you are strongly advised to exercise reasonable discretion while providing Personal Information or Financial Information while using the services given that the Internet is susceptible to security breaches.
5. SENSITIVE PERSONAL INFORMATION
5.1 Sensitive Personal Information (“SPI”) means such personal information which consists of information relating to your password; physical, physiological and mental health condition; medical records and history; biometric information, sexual orientation and financial information (such as bank account details or credit card numbers) and such other information specified as constituting SPI under the applicable laws of India.
5.2 Except for your account password on the Platform and any SPI that you choose to provide as part of your account profile or in the course of transacting on the Platform, the Company does not collect any SPI in the course of your accessing and use of the Platform and/or viewing the Products for sale. Any SPI collected by the Company shall not be disclosed to any third party without your express consent, save as otherwise set out in this Policy or the Terms and Conditions or as provided in a separate written agreement between the Company and you or as required by law. It is clarified that this condition shall not apply to publicly available information, including SPI, in relation to you on the Platform.
5.3 However, you acknowledge that in the course of providing the Products, the Company may receive SPI, either when you voluntarily choose to update your account profile with information related to your identity, physical and physiological condition, or from such content posted by you on the Platform, and you hereby consent and agree to allow the Company to store and display the SPI collected in this manner on the Platform and disclose it in accordance with the terms of this Policy.
5.4 It is clarified that with respect to any SPI that you may share with the Company, you have the sole right to determine whether you want to share such information with the Company. Further, with respect to any SPI that you may share in the course of updating your account profile, you have the right to determine the levels of access to such information, by adjusting the privacy settings of your account with the Platform.
6. CONFIDENTIALITY AND SECURITY
6.1 The security of your Personal 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 Personal Information that is under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.
6.2 We will keep confidential and protect your SPI and Personal Information, except where disclosure is required or permitted by law or in instances where use and disclosure thereof is permitted under this Policy.
6.3 We follow generally accepted industry standards to protect the SPI and Personal Information submitted to us, both during transmission and, once we receive it, for storage and disposal. All information we gather is securely stored within databases controlled by us. The databases are stored on servers secured behind a firewall; access to the servers is password protected and is strictly limited. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Nonetheless, we will strive our best to use commercially acceptable means to protect your Personal Information and SPI.
6.4 The Company also believes that the internet is an ever-evolving medium. We may periodically review from time to time and change our Policy to incorporate such future changes as may be considered appropriate, without any notice to you. Our use of any information we gather will always be consistent with the Policy under which the information was collected, regardless of what the new Policy may be. Any changes to our Policy will be posted on this page, so you are always aware of what information we collect, how we use it, how we store it and under what circumstances we disclose it.
6.5 We limit access to SPI and Personal Information to employees/personnel/licensors/service providers/platform providers/vendors/representatives who we believe reasonably need to come into contact with that information to provide the Platform and/or Products to you or in order to do their jobs.
6.6 Third party brands and Product manufacturers provide the Products available on our Platform. We may provide information, including Personal Information, to such third party brands, Product manufacturers and third-party service/platform providers/representatives to facilitate the sale and delivery of Products, as well as to help us deliver information and services efficiently and effectively. Service providers are also an important means by which we maintain our Platform and mailing lists. We will take reasonable steps to ensure that the brands and third-party service providers/representatives are obligated to protect Personal Information on our behalf through confidentiality agreements and otherwise. Except as provided herein, we do not intend to transfer SPI and Personal Information without your consent to third parties who are not bound to act on our behalf unless such transfer is legally required. Similarly, it is against our policy to sell SPI and Personal Information collected online without consent.
6.7 If you choose to provide us with your SPI and Personal Information, we may transfer that SPI and Personal Information from your country or jurisdiction to other countries or jurisdictions around the world in accordance with applicable laws. Your SPI and Personal Information may be collected and stored on servers located in the territory of India and such other countries as we may disclose from time to time.
6.8 We retain your Personal Information in accordance with applicable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, we may retain data related to you if we believe it may be necessary to prevent fraud or future abuse, to enable the Company to exercise its legal rights and/or defend against legal claims or if required by law or for other legitimate purposes. We may continue to retain your data in anonymised form for analytical and research purposes.
7. THIRD PARTY PLATFORMS
8. CHILDREN INFORMATION
Use of our Platform is available only to persons who are above eighteen (18) years of age, are of a sound mind and are not disqualified from contracting by any law to which the persons are subject. We do not knowingly solicit or collect personal information from children (individuals under the age of eighteen (18) years). In the event that we learn that we have collected Personal Information from a person below the age of eighteen (18) years, we will delete that information as quickly as possible. If you believe that we might have any information from a person below the age of eighteen (18) years, please contact us at email@example.com.
9. CONDITIONS OF USE
The Company does not warrant that this Platform, its servers, or emails sent by us or on our behalf are virus free. The Company will not be liable for any damages of any kind arising from the use of this Platform, including, but not limited to compensatory, direct, indirect, incidental, punitive, special and consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.
10. CONTACTING YOU
10.1 We may contact you using the Personal Information you have given us:
(a) To facilitate any of your user account and Product related transactions on the Platform;
(b) In relation to ensuring that we can facilitate the delivery of the Products to you/return of Products from you;
(c) Where you have opted to receive further correspondence;
(d) To invite you to participate in surveys, opinion polls, etc., about our services or otherwise (participation is always voluntary); and
(e) To provide you information about new Products, new features and new services, where you have specifically agreed to receive this.
To the extent that you do provide us with Personal Information and SPI, we wish to maintain accurate and current SPI and Personal Information. Where we collect SPI and Personal Information from you on our Platform, should you need to update or correct that SPI and Personal Information, please contact us and we will make reasonable efforts to incorporate the changes in your SPI and Personal Information that we hold as soon as practicable. You can obtain the information we currently hold on you by emailing the Company at firstname.lastname@example.org the email address provided to the Company at the time of registration on the Platform. We will use our best efforts to send you the information within 14 days of receipt of your email.
12. TERMINATION OF USER ACCOUNT
In the event that you choose to terminate and delete your user account with the Company in respect of the Platform, or if your account has been terminated for any other reason, such as a violation of the Terms and Conditions, your Personal Information may be retained and may continue to be used until: (i) the relevant purposes for the use of your information described in this Policy are no longer applicable; and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain your Personal Information and the retention of your Personal Information is not required for the establishment, exercise or defense of any legal claim.
13. CONSENT AND AMENDMENTS
By using this Platform, you consent to the terms of this Policy and to our use and management of Personal Information and SPI for the purposes and in the manner herein provided. Should this Policy change, we intend to take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on our Platform for a reasonable period of time. Your visit and any dispute over privacy are subject to this Policy.
14. GRIEVANCE OFFICER
14.1 In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: [Meenakshi Singh]
14.2 Additionally, you can reach our customer support team to address any of your queries or complaints through the WhatsApp number at  or through email at email@example.com by clicking the link.
The invalidity or unenforceability of any provision of this Policy, in whole or in part, in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Policy in such jurisdiction and this Policy shall continue to operate to its fullest extent, permissible under law.
16. APPLICABLE LAW
This Policy and information contained herein, shall be governed by the laws of the Republic of India and the courts of Bangalore, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.