Security Policy
Security Policies
Accounts and Security
ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
This site does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide this site with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a) Select or use a Login Name of another person with the intent to impersonate that person;
(b) Use a name subject to the rights of any other person without authorization;
(c) Use a Login Name that the Site, in its sole discretion, deems inappropriate or offensive.
You shall notify This site of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at This site’ sole discretion, and you may be reported to appropriate law-enforcement agencies.
Users Disputes
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
User Submissions and Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify This site or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Site accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to This site by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted This site a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Site are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. We have full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
This site reserves the right (but is not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms of This section and determine in its sole discretion to remove or request the removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
(d) Terminate a Member~s access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
This site reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. We have no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.
Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any This site confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or This Site shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of British Columbia, India.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator~s decision and any award contained therein.
Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. THIS SITE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold this site its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Privacy Policy
KOOLSPECS, is a sole proprietorship company duly
incorporated under the provision of the Companies Act, 1956 (hereinafter
referred to as “We”, “Us”, “KoolSpecs”, "Company" or “Our” which
expression shall mean and include its affiliates, successors and permitted
assigns). The domain name “Koolspecs.com” (hereinafter collectively referred to
as the "Platform") is owned by the Company. The Company is an
internet based e-commerce portal which sells prescription and fashion eyewear
for men, women, and kids (“Products”).
This privacy policy (“Policy”) constitutes a legal agreement
between You (“You” or “Your” or “User”), as the User of the Platform, and
KoolSpecs, as the owner of the Platform. This Policy is only applicable to the
Users of the Platform, and the information and data gathered from the Users
directly and not to any other information or website. You are hereby advised to
read this Policy carefully and fully understand the nature and purpose of
gathering and/or collecting sensitive, personal and other information and the
usage, disclosure and sharing of such information.
This Policy has been prepared under the provisions of
(Indian) Information Technology Act, 2000 (“IT Act”) and the Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Data or Information) Rules, 2011 (“IT Rules”) promulgated thereunder, and sets
out the practices and policies for the protection of personal information
(including sensitive personal data or information) collected, received, possessed,
stored, dealt with or handled by KoolSpecs.
BY VOLUNTARILY PROVIDING US WITH INFORMATION, YOU ARE
CONSENTING TO OUR USE OF IT IN ACCORDANCE WITH THIS POLICY.
1. Applicability
1.1 This Policy read together with Our terms of use
describes Our policies and procedures on the collection, use, storage and
disclosure of any information including, personal information provided by You
while using Our Platform. This Policy specifically governs (i) the collection
and use of personal data and sensitive personal data or information provided by
You; and (ii) the processing of personal information and sensitive personal
data or information provided by You while using Our Platform.
1.2 Your use of the Platform will be governed by this Policy
in addition to the terms of use as applicable to You. This Policy together with
the terms of use are referred to as the Platform Documents.
2. Definitions
Capitalized terms not otherwise defined in this Policy or
the terms of use shall have the following meaning:
a. Personal Information shall mean any information that
relates to a natural person, which, either directly or indirectly, in
combination with other information available or likely to be available with a
body corporate, is capable of identifying such person and is not otherwise
publicly available.
b. Sensitive Personal Data or Information shall mean
personal information, which consists of information relating to any to the
following of an individual: (a) passwords; (b) physical, physiological and
mental health condition; (c) sexual orientation; (d) medical records and
history; (e) biometric information (information derived from technologies that
measure or analyse physical human characteristics such as voice patterns,
fingerprints, facial patterns; or (f) financial information such as Bank
account or credit card or debit card or other payment instrument details; etc.
c. User Information shall mean, collectively, Your personal
information and sensitive personal data or information or any other information
collected from You.
3. Collection of Information
3.1. KoolSpecs will use the User Information provided by You
only in accordance with the purposes described in this Policy.
3.2. In general, You can visit Our Platform without
revealing Your identity or any Personal Information. However, You may not be
able to access multiple areas of the Platform or features provided on the
Platform that require registration, subscription, or need You to reveal Your
identity and/or other Personal Information or Sensitive Personal Information about
You.
3.3. During Your use of Our Platform, We may collect and
process such information from You, including but not limited to the below
mentioned:
a. Information that You provide to Us by filling in forms on
the Platform. This includes both Personal Information and Sensitive Personal
Information including contact information, name, gender, email address, mailing
address, phone number, eye prescription, preferences including favourites lists
and transaction history. At the time of creating Your Profile on the Platform,
You will be notified and be allowed to customize the information that is
available to the public and that shall be private.;
b. Information that You provide when You write directly to
Us (including by e-mails or letters);
c. Information that You provide to Us over telephone. We may
make and keep a record of the information You share with Us;
d. Information that You Provide to Us to enable Us to
provide Our services;
e. Information that You provide to Us by completing surveys,
feedbacks etc.;
f. Information relating to logs is automatically reported by
Your browser each time
g. You access a web page. When You use the Platform, Our
servers automatically record certain information that Your web browser sends
whenever You visit any website. These server logs may include information such
as Your web request, Internet Protocol (IP) address, location (through Global
Positioning System (GPS)) browser type; and
h. When You use the Platform, We may employ clear web
beacons which are used to track Your online usage patterns. In addition, We may
also use clear web beacons in HTML-based e-mails sent to You to track which
e-mails are opened/ viewed and which links were opened by You. Such collected
information is used to enable more accurate reporting and making the Platform
better for Our Users.
3.4. Sensitive Personal Information:
We will not collect Sensitive Personal Data or Information
from You unless the collection of such sensitive personal data or information
is considered necessary for the purpose for which it is being collected and
even in such a case, You will be made aware of the following:
• The fact
that Your Sensitive Personal Data or Information is being collected;
• The
purpose for which the Sensitive Personal Data or Information is being
collected; and
• The
intended recipients of the Sensitive Personal Data or Information.
You shall have the option of not disclosing Your Sensitive
Personal Data or Information to Us. In the event that You choose not to
disclose Sensitive Personal Information, You may not be able to access multiple
areas of the Platform or services provided on the Platform.
4. Access to User Information
4.1. If You are a registered User, You may update or correct
Your account information and email preferences at any time by logging in to
Your account. Alternatively, if You believe that any of Your information held
by Us is inaccurate, You may write to Us at specskool@gmail.com. It is Your
responsibility to ensure that any information You provide to Us remains
accurate and updated.
4.2. The Information collected by Us shall not be retained
for longer than is required for the purpose for which the information may
lawfully be used or is otherwise required under any other law for the time
being in force.
5. NDNC Policy
By using the Platform, You hereby authorize Us to contact
You via email, phone, or SMS (Short Message Service) on the contact details so
provided, to furnish You with information with regard to Our Products and
offer. This authorization shall be licit for the mentioned purposes
irrespective of whether You are registered with the NDNC (National Do Not Call)
registry.
6. Cookies
6.1 Cookies are small files that reside on Your computer~s
hard drive and generally contain an anonymous unique identifier and are
accessible only by the website that placed them there and not any other sites
(“Cookies”). Some of Our web pages and services may also utilize Cookies and
other tracking technologies to collect information about Your general internet
usage.
6.2 You may refuse to accept Cookies by activating the
setting on Your browser which allows You to refuse the setting of Cookies.
However, if You select this setting You may be unable to access certain parts
of Our Platform. Unless You have adjusted Your browser setting so that it will
refuse Cookies, Our system may issue Cookies when You log on to the Platform.
The use of Cookies by Our partners, affiliates, advertisers or service
providers is not covered by the Policy.
6.3 Cookies enable Us to:
• estimate
Our Users size and usage pattern;
• store
information about Your preferences, and allow Us to customize Our Platform
according to Your interests;
• speed up
Your searches;
• recognize
You when You return to Our Platform;
• recall
Personal Information previously provided by You; and
• improve
Our Platform and deliver a better and personalized service.
6.4 We may use the services of certain third parties, for
the purpose of operating and administering the Platform. Such third party
service providers may collect the information sent by Your browser as part of a
web page request, including Cookies and Your IP address and such information
will be governed by the privacy policies of the third party service providers
which ensure the same level of data protection, if not better, that is being
adhered to by Us.
7. Use of Information
7.1 We may use the User Information or other information
provided by You in the following ways:
• monitor,
improve and administer Our Platform;
• conduct
research, analysis and prepare reports and statistics with respect to market
trends, patterns etc.;
• analyze
how the Platform is used, diagnose service or technical problems, maintain
security;
• remember
information to help You efficiently access the Platform;
• monitor
aggregate metrics such as total number of viewers, visitors, traffic, and
demographic patterns;
• to
confirm Your identity in order to ensure that You are eligible to Use the
Platform;
• to ensure
that content from Our Platform is presented in the most effective manner based
upon Your interests;
• to
contact You to ensure User satisfaction with respect to Your use of the
Platform;
• to
provide You with information that You request from Us, where You have consented
to be contacted for such purposes; or
• to notify
You about changes on Our Platform.
8. Disclosure of Information
8.1 Except as provided for in this Policy, We shall not
disclose or transfer User Information to any third party without Your prior
consent, unless such disclosure or transfer: (i) as part of a corporate
re-organisation, merger, acquisition or sale of business; or (ii) is required
under applicable laws or through a court order.
8.2 Third Party Disclosure:
We will share Your Personal Information with third parties
in the manner described below:
• When You
place a request for services provided on the Platform or otherwise by Us
through third parties, We will share Your Personal Information with those
parties who are required for providing the services.
• We may
share Your Personal Information with third parties authorized by You and in
such an event, the third parties~ use of Your information will be bound by this
Policy or by their respective privacy policies which ensure the same level of
data protection, if not better, that is being adhered to by Us.
• We may
disclose Your information to any member of Our related or group companies
including Our subsidiaries, Our ultimate holding company and its subsidiaries,
as the case may be.
9. Storage and Security
9.1 We use commercially reasonable safeguards to preserve
the integrity and security of Your information against loss, theft,
unauthorized access, disclosure, reproduction, use or amendment
9.2 The information
that We collect from You may be transferred to, and stored at, a destination
inside or outside India. By submitting Your information on Our Platform, You
agree to this transfer, storing and/ or processing. We will take such steps as
We consider reasonably necessary to ensure that Your information is treated
securely and in accordance with this Policy.
9.3 In using the
Platform, You accept the inherent security implications of data transmission
over the internet cannot always be guaranteed as completely secure. Therefore,
Your use of the Platform will be at Your own risk.
9.4 We assume no
liability for any disclosure of information due to errors in transmission,
unauthorized third party access or other acts of third parties, or acts or
omissions beyond Our reasonable control and You agree that You will not hold Us
responsible for any breach of security.
9.5 You agree to
immediately report to Us all incidents involving suspected or actual
unauthorized access, disclosure, alteration, loss, damage, or destruction of
data.
10. Confidentiality
10.1 As a registered User with an account and a password,
You are responsible for keeping Your password confidential.
10.2 We will keep confidential and protect any and all
information provided by You except where disclosure is required or permitted by
law.
10.3 We may provide information, including Personal
Information, to third-party service providers to help Us deliver Our services
efficiently and effectively. Service providers are also an important means by
which We maintain Our Platform. We will take reasonable steps to ensure that
these third-party service providers are obligated to protect User Information
on Our behalf through confidentiality agreements and otherwise.
10.4 The restrictions set out herein shall not apply if and
to the extent the disclosure is: (a) required by the applicable law of any
jurisdiction; (b) required by any applicable securities exchange, supervisory
or regulatory or governmental body to which the relevant party is subject or
submits, wherever situated, whether or not the requirement for disclosure has
the force of law; (c) made, by KoolSpecs, to its shareholders, managers,
advisors and affiliates; or (e) made to employees and representatives on a need
to know basis, provided that such persons are required to treat such
information as confidential through written agreement in terms which are no
less strict than this Policy.
10.5 You acknowledge and agree that any User Information You
provide directly or indirectly to another User of the Platform, whether or not
through the Platform, may not be subject to the same security or confidentiality
offered by KoolSpecs and that KoolSpecs shall not have any responsibility in
respect of such information under this Policy even if it was provided through
the Platform.
11. Indemnity
You agree to indemnify and hold KoolSpecs harmless from:(i)
any actions, claims, demands, suits, damages, losses, penalties, interest and
other charges and expenses (including legal fees and other dispute resolution
costs) made by any third party due to or arising out of any violation of the
terms of this Policy; (ii)any acts or deeds, including for any non-compliance
or violation, of any applicable law, rules, regulations on Your part; or (iii)
for fraud committed by You.
12. Severability
We have made every effort to ensure that this Policy adheres
with the applicable laws. The invalidity or unenforceability of any part of
this Policy shall not prejudice or affect the validity or enforceability of the
remainder of this Policy.
13. No Waiver
The rights and remedies available under this Policy may be
exercised as often as necessary and are cumulative and not exclusive of rights
or remedies provided by law. It may be waived only in writing. Delay in
exercising or non-exercise of any such right or remedy does not constitute a
waiver of that right or remedy, or any other right or remedy.
14. Governing Law and Dispute Resolution
14.1 This Policy shall be governed by and construed in
accordance with the laws of the Republic of India and subject to the provisions
of arbitration set out herein, the courts at Prayagraj , Uttar Pradesh India shall have exclusive jurisdiction in
relation to any Disputes (defined below) arising out of or in connection with
this Policy subject to the provisions.
14.2 Any action,
dispute or difference arising under or relating to this Policy (“Dispute”) shall
at the first instance be resolved through good faith negotiations between the
parties hereto, which negotiations shall begin promptly, within 15 (fifteen)
days after a party has delivered to the other party a written request for such
consultation. If the parties are unable to resolve the Dispute in question
within 15 (fifteen) days of the commencement of negotiations, such Dispute
shall be referred to and finally resolved by arbitration in accordance with the
Arbitration and Conciliation Act, 1996, as amended from time to time and rules
prescribed thereunder. When any Dispute is under arbitration, except for the
matters under dispute, KoolSpecs and You shall continue to exercise the
remaining respective rights and fulfil the remaining respective obligations as
provided in the Policy or terms of use.
14.3 The arbitration
shall be conducted by a sole arbitrator jointly appointed by KoolSpecs and You.
If parties fail to appoint an arbitrator within 30 (thirty) days after service
of the notice of arbitration, such arbitrator shall be appointed in accordance
with provisions of the Arbitration and Conciliation Act, 1996. The venue of
arbitration shall be Prayagraj , Uttar Pradesh , India.
14.4 The language of
the arbitration proceedings and of all written decisions and correspondence
relating to the arbitration shall be English.
15. Changes to the Policy
We may update this Policy to reflect changes to Our
practices. If We make any material changes, We will notify You by e-mail (sent
to the e-mail address specified in Your account) or by means of a notice on
this Platform upon the change becoming effective. We encourage You to
periodically review this page for the latest information on Our privacy
practices. By using this Platform and Our services, You consent to the terms of
this Policy and to Our use and management of User Information for the purposes
and in the manner herein provided.
16. Contact
16.1 Please address any questions You may have about the
collection, processing, usage, disclosure of Your information in writing to Us
at specskool@gmail.com. You can always withdraw Your consent for usage,
processing of Your information by Us by writing to Us at the address mentioned
above.
16.2 We may contact You using the Personal Information You
have given Us:
in relation to the functioning of any service You have
signed up for in order to ensure that We can deliver the services to You;
• in
relation to any transaction entered by You on Our Platform to subscribe to
services;
• where You
have opted to receive further correspondence;
• to invite
You to participate in surveys, opinion polls, etc., about Our services or
otherwise (participation is always voluntary); and
• to
provide You updates and information in relation to Our services.
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