PRIVACY POLICY OF ORANGE FLOW MOUNTAINS FOOD & BEVERAGES LLP
EFFECTIVE DATE: 1st March 2024
At Orange Flow Mountains F&B LLP (the “Company”, “Orange Flow”, “Us”, “We”, “Our”), We provide Our customers (“User(s)”, “You”, “Your”) with [an online marketplace specializing in premium-quality food products crafted from natural herbs] (“Services”), operated through Our website available at [www.bloomsandleopard.com], (“Site”), which Services are directly linked or connected to Your use of Our Site. We know that You care how information about You is used and shared by Us, and We appreciate Your trust that We will do so carefully and sensibly.
This privacy statement (“Privacy Policy”, “Policy”) governs Your use of and access to the Site and Services and the information accessible on and from the Site. This Privacy Policy further describes how We gather, utilise, share, disclose, and safeguard Personal Information (defined below), including Sensitive Personal Information and other data and information about Users of the Services and the Site (hereinafter collectively referred to as “Data”). Our goal in creating this Privacy Policy is to show how seriously We take the security of Your Personal Information and privacy.
This Policy does not apply to the Data collected from you offline (unless otherwise specified) or from other websites, that does not link to this Policy or to third-party websites to which Site may link. Any capital term used in this Privacy Policy that is not specified will be attributed in Our Terms of use.
By using the Site and Services or by otherwise giving us Your Data You will be deemed to have read, understood and agreed to the practices and policies outlined in this Policy and agree to be bound by this Policy. You hereby consent to Us collecting, storing, processing, transferring, sharing and disclosing Your Data with third-parties or service providers for the purposes described in this Policy.
If You do not agree with this Policy at any time, do not use any of the Services or give us any of your Data. In the event that You use the Site and the Services on behalf of another individual (like Your child) or an organisation (like Your employer), You represent that You have their permission to: (I) accept this Privacy Policy on their behalf; and (II) give their consent for Us to collect, use, and disclose the information about them as detailed in this Privacy Policy.\For the purpose of this Policy, the term
For the purpose of this Policy, the term “Personal Information” shall mean and include any information that relates to You, which, either directly or indirectly, in combination with other information available or likely to be available with Us, is capable of identifying You, which is submitted to and/or collected over the Site and maintained by Us in an accessible form such as Your name, phone number, email address, bank account details, physical address or other relevant personal details and demographic information, such as gender, pin code or similar information. Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Personal Information for the purposes of this Policy
COLLECTION OF DATA
In order to best serve Your needs, some of the Services may require Us to have knowledge of who You are. When You access the Site and/or Services and/or create a User account (“Account”) on the Site, or through any interaction with Us via emails, phone calls, or other correspondence, We may request that You voluntarily provide Us with certain information that uniquely describes You or could be used to identify You when You use the Services. While You are using the Service (whether through an Account or as a non-registered User), We collect Your Personal Information directly or indirectly provided by You via an Account created by You on Our Site, which includes:
Information provided by You:
• Personal Information such as your name, mobile number email address, photo, bio, financial information including bank account details, credit/debit card details or such other payment information and any other data associated with Your Google//Email account that is provided by You when You create an Account on Our Site, provide information in Your Account (and You might have more than one if You have used more than one e-mail address or mobile number when shopping with us) or Your Profile;
• information regarding Your usage of the Services, including a history of the products You have purchased from the Site when You search or shop for products on Our Site, add or remove an item from Your cart, or place an order through or use Our Site;
• demographic information (such as Your pin code, gender, and date of birth); and/or
•additional information that You voluntarily decide to give Us (such as information You share with Us when You communicate with Us via phone, letters or e-mails or otherwise), including any pictures and other files or documents.
Information that We automatically save:
We automatically collect and store certain types of Personal Information about Your use of Site and the Services, including information about Your network, network devices, browser version, mobile devices and other media devices when You use Our Services or access Our Site. Like many websites, We use cookies and other unique identifiers, and We obtain certain types of Personal Information when Your web browser or device accesses the Site. This includes:
• Usage Data, that is, information such as Your computer’s Internet Protocol address (IP address), information about Your device (system configuration, browser type, browser version), referral information (how a User reached a particular page) such as referral URLs, connection information, unique identifiers and other diagnostic data;
• Log Data such as Your activity on the Site including the pages You visit, location, time stamp and date of Your visit and Your use of the Services;
• Transactional Information when You make any payment transaction such as transaction details, purchase price, and the date of the transaction;
• Data gathered by the use of Cookies, web beacons and other tracking technologies;
• Data regarding Your interaction with Our customer care services such as the date and the time, and the reason for reaching out to Us;
• Data from the internet service providers or the other media device providers who make the Services available on their devices; and/or
•Browsing Data on Third-Party (defined below) sites and services that have embedded Our pixels, widgets, plug-ins, buttons, or related services.
Information from other sources:
We might receive information about You from other sources, such as updated delivery and address information from Our carriers, which We use to correct Our records and deliver Your next purchase more easily. We also collect information from the other sources that will include:
• security service providers who protect the information in Our systems, prevent fraudulent activities and help Us in maintaining the security of the accounts of the Users;
• payment service providers who furnish Us with all the payment related information; and/or
• Account information, purchase or redemption information, and page-view information from some merchants with which We operate co-branded businesses or for which We provide technical, fulfilment, advertising, or other services.
USE OF DATA
We use the collected Data for the purpose of providing, maintaining, enhancing and promoting Our Services, to develop new ones and to protect Orange Flow and the Users which is inclusive of the following:
• to enable You to access the Site and/or provide the Services;
• for the development, compliance and undertaking of the purchase contract for the products, items or Services You have purchased or of any other contract with Us through the Site;
• to gather metrics to better understand the Users and their choices and monitor the usage of Services and User activity in order to test and improve Our Services and revise/personalise the Site and the Services accordingly;
• for business intelligence, statistical analysis, and research purposes, and in a consolidated or non-personally identifiable way;
• for the purpose of providing or sharing to affiliates and third parties such research, statistical, or intelligence information in an aggregated or non-personally identifiable form;
• to provide Users with an improved means of communication in relation to the use of the Site and/or the Services via different channels (e.g., by phone, email, chat) as well as collecting feedback and gather inputs regarding the Site and/or the Services;
• to provide functionality, analyse performance, fix errors, and improve the usability and effectiveness of the Site and troubleshoot issues pertaining to customer support;
• to prevent and detect fraud and abuse in order to protect the security of Users, the Company and others;
• to streamline communication and conclude transactions, We may use the contact information You provide during the process. This enables Us to reach out if the transaction is left unfinished. Furthermore, We are committed to delivering effective customer care, support, and resolving User queries;
• to process payment transactions or deferring them based on instructions received from third party service providers like banking institutions, financial institutions, payment gateways, wallet providers, pre-paid instruments and others;
• to notify You about updates/changes to the Site and/or the Services, related to this Policy, and the Terms and Conditions if any, and inform You about new versions or features of the Site and/or Services; and/or
• to communicate with You directly regarding update/or changes in Our policies, inform You about the conduct of any fraudulent act, breach of data security or send e-mails/notifications regarding any new announcement or new messages via e-mail communications at the e-mail address/phone number provided by You.
USER CONSENT
All the Users of the Services consent to the use/transfer/storage of their Data in India or any other country where We operate, and where such Data is collected and stored by Us in form of backup copies, including Data available at Your Account, to prevent loss of Data due to errors or system failures and for other purposes stated in this Policy. This allows Us to retain the files and Data on Our servers even after You delete/terminate your Account. We restrict access to such Data and only allow access on a need-to-know basis in order to provide You access to the Services.
Users are entitled to withdraw consent to the use of their Data by emailing a specific request to us. Please note that Orange Flow may not be able to provide with its Services or may terminate any current relationship it may have with You if you withdraw Your consent or delete your Account. If You prefer not to receive non-essential messages about the Services, such as marketing and promotional material, please email Us at support@bloomsandleopard.com. Withdrawal of consent by You shall not restrict Our right to use the already collected Data for the analysis of User Data.
Consent to email communication
When You register Your email address with Us, You agree and consent to receive all communications related to the Services on the mobile number provided by You on the Site. You hereby express Your interest and accord informed consent to receive communications (including commercial communications) in relation to the Services. You further confirm that no communication to You from Orange Flow or on behalf of Orange Flow shall be construed as unsolicited communication and You have specifically opted to receive communications in this regard on the mobile number provided by You. Orange Flow maintains a strict “No-Spam” policy, assuring that Your email address will never be sold, rented, or otherwise provided to a third party without Your explicit permission.
TRANSFER OF DATA
We may transfer, store and use Your collected Data to the computers located outside Your state, province, country or other governmental jurisdiction where We operate, and the Data protection laws may differ than those from Your jurisdiction. However, if any of Our processors outside are getting access to this Data, the same level of data protection as that set out in this Policy or as per the applicable laws is maintained. If You are located outside India and choose to provide Data to Us, then We shall transfer the Data to India and other countries and process it there. We shall take reasonable steps to ensure that the Data is treated securely and in accordance with this Policy and applicable laws, and no transfer of Your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Information.
DISCLOSURE OF DATA
We do not disclose your Data with companies, organisations and individuals outside of Orange Flow, unless one of the following circumstances applies:
With your consent: We will share Your anonymised Data with companies, organisations or individuals outside of Orange Flow when We have your consent to do so. By accessing Our Services, you have consented to the use of Data hereunder.
With members of Orange Flow: We have the right to disclose Your Data to the members of Orange Flow for the purpose of providing you the access to Our Site and/or the Services, providing consumer support, improvement in the Site/Services and for such other purposes;
For legal reasons: If We are bound by the governing law, rules, regulations, legal process or enforceable governmental requests, then We shall disclose the Data with companies, organisations or individuals outside Orange Flow if We believe that access, use, preservation or disclosure of the Data is reasonably necessary to protect against harm to the rights, property or safety of Orange Flow, Our Users or the public as required or permitted by applicable laws;
With service providers: We may employ third party companies and individuals to facilitate the Services (“Service Providers”) who meet Our Data protection standards, to provide Services on Our behalf, to perform Service-related services or to assist Us in analysing how Our Services are used.
With researchers: We may share Data, with Your consent, with researchers who use the Data for academic or non-profit purposes, through aggregation, anonymisation or pseudonymisation after ensuring that the same shall not be used for any illegal or fraudulent purpose. By accessing the Services, you have consented to the use of Data hereunder.
For security purpose: If any illegal activity is assumed (technical or payment fraud), then in order to protect the Users and the public, and to defend the right or property of Orange Flow, We may disclose the Data.
YOUR RIGHTS
Retention of Data
The Company will retain Your Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Data to the extent necessary to comply with Our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.
The Company will also retain the Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this Data is used to strengthen the security or to improve the functionality of Our Services, or We are legally obligated to retain the Usage Data for longer time periods. These periods vary depending on the nature of the Data and your interactions with Orange Flow.
It is clarified that certain analytical Data will continue to be retained by Us even after Your account ceases to exist on the Site. You have the right to request a copy of Your Data that We hold at any point in time. Upon Your request, We shall provide the same to You in a structured format.
You agree not to submit any false information or any illegal or damaging Data to the Site. At its sole discretion, Orange Flow may stop providing the Services to You if the information provided by You is false, inaccurate, out-of-date, or incomplete (or becomes false, inaccurate, out-of-date, or incomplete). Orange Flow reserves the right to discontinue Services if there is probable cause to believe that the information You have provided is false, inaccurate, out-of-date, or incomplete.
Rectification or Deletion of Data
You have the right to delete or request that We assist in deleting the Personal Information that We have collected about You. Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your Personal Information at any time by signing in to Your Account, if You have one, and visiting the account settings section that allows You to manage Your Personal Information. You may also contact Us to request access to, correct, or delete any Personal Information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Your Data Protection Rights under General Data Protection Regulation
If you are from the European Economic Area (EEA), Our legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information We collect and the specific context in which We collect it.
We may process your Personal Information because:
• We need to perform a contract with You;
• You have given us permission to do so;
• The processing is in Our legitimate interests and it’s not overridden by Your rights;
• For payment processing purposes; and/orTo comply with the applicable law.
Where the European Union’s General Data Protection Regulation 2016/679, or GDPR, applies, in certain circumstances and subject to Data processing agreements, You have rights in relation to the Personal Information We hold about You. We set out below an outline of those rights and how to exercise those rights. Please note that We will require you to verify Your identity before responding to any requests to exercise Your rights by providing details only known to the Account holder. To exercise any of Your rights, please send an email to support@bloomsandleopard.com.
Please note that for each of the rights below, We may have valid legal reasons to refuse Your request and, in such instances, We will let you know if that is the case.
If You wish to be informed what Personal Information We hold about You and if You want it to be removed from Our systems, please contact us.
In certain circumstances, You have the following Data protection rights:
The right to access, update or to delete the Personal Information We have on You;
• The right of rectification: You have the right to have Your Personal Information rectified if that information is inaccurate or incomplete;
• The right to object: You have the right to object to Our processing of your Personal Information;
• The right of restriction: You have the right to request that We restrict the processing of your Personal Information;
• The right to data portability: You have the right to be provided with a copy of Your Personal Information in a structured, machine-readable and commonly used format; and/or
• The right to withdraw consent: You also have the right to withdraw Your consent at any time where We relied on Your consent to process your Personal Information.
You have the right to complain to a Data Protection Authority about Our collection and use of your Personal Information. For more information, please contact Your local Data protection authority in the European Economic Area (EEA).
COOKIES, PIXELS AND ANALYTICS
The Site uses Cookies, in combination with Pixels, local storage objects, and similar devices (“Cookie(s)”) to distinguish You from other Users of the Site and/or Services, to track Your activity on Our Site and recognise the returning Users to the Site and gather User specific information, which enables Us to provide You with personalized Services (ads and content) according to Your preferences, to remember Your preferences, and evaluate the effectiveness of the Services. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to Your browser/mobile application from a website/application and stored on Your device. Pixels are tiny graphics that function in a similar way like cookies and are used to track Your online movements on Our Site, along with using it to personalize search & enhance User experience. Furthermore, Service Providers can analyse and monitor the use of Our Services and use the Data to understand Your choices and preferences.
You give consent to the placement of Cookies by Us on Your browser/application, as well as to other Service Providers that We use for specific services, and who may place their own Cookies in Your browser/application. Most web browsers are set to accept Cookies by default. You can instruct Your browser/application to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, you may not be able to use some portions of Our Services.
THIRD PARTY EMBEDS
Our Site may contain links to other websites that are not operated by Us. If You click on a third- party link, You will be directed to that third party’s site. Orange Flow does not control what data third parties collect when You use their services on Our Site. We also do not control what the third parties choose to do with Your Data they collect. Therefore, third-party embeds on Our Site are not covered by this Policy. Similarly, this Policy covers the use of Cookies by Orange Flow only and not the use by third parties. They are covered by the privacy policy of the third party who is providing a particular service, and We strongly advise You to review the privacy policy of every third-party site You visit from Our Site. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services embedded o Our Site.
DATA SECURITY
Orange Flow has implemented global best practices, security policies, rules, and technical measures to safeguard the Data under Our control from unauthorized access, improper use, disclosure, modification, destruction, or accidental loss. The measures are framed by keeping in mind the risk factors associated with the Data of the Users/or public, hence We try to provide a level of security. In particular:
• We use encryption (HTTPS/TLS) to protect data transmitted to and from Our website/services;
• We review Our Data collection, storage and processing practices to guard against unauthorised access to systems;
• We restrict access to Personal Information to Our employees, contractors and agents on a need-to-know basis in order to process it for Us to enable the provision of the Services to Users, and who are subject to strict contractual confidentiality obligations with Orange Flow;
When you register on the Site, your Account is protected through login information, including a username and a password, which is only known to You. Therefore, You should not share your login information with anyone. Any breach thereof shall constitute a violation of this Policy and may result in closure of Your Account in certain cases. If You become aware of, or reasonably suspect any breach of security, it is Your responsibility to notify Us immediately.
However, We believe that Users understand that no Data transmission is 100% secure over the internet and a User is using Our Site/Services solely at his/her/its own risk/discretion. We recommend all the Users on Our Site to take reasonable measures to secure their Account. In case You suspect any misuse or loss or unauthorised access to Your Data, please let Us know immediately by contacting Us via e-mail at support@bloomsandleopard.com.
TRANSFER OF BUSINESS
If Orange Flow is going to be involved in a merger, bankruptcy, acquisition, reorganization or sale of assets and in doing so, Orange Flow is required to transfer its User Data, or it becomes subject to a different privacy policy, We will notify all Our Users. This would give Our Users a choice to opt-out of any such new policy if they do not agree with it and the Users can choose to delete their account.
CHILDRENS’ PRIVACY
Orange Flow does not sell products for purchase by children.
We do not knowingly collect Personal Information from anyone under the age of 18. We consider it the responsibility of parents to monitor their children’s use of Our Services. For a minor’s safety, we don’t allow usage of Our Services without parental guidance.
We do not seek or intend to seek to receive any Personal Information from minors. Should a parent or guardian have reason to believe that Your child has provided Us with Personal Information, please contact Us to ensure that the Personal Information is removed and the minor unsubscribes from any of the applicable Services. If We become aware that We have collected Personal Information from anyone under the age of 18 without verification of parental consent, We will take steps to remove that Personal Information from Our servers.
If We need to rely on consent as a legal basis for processing Your Personal Information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that Personal Information.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is subject to change by Orange Flow at any time, with or without prior notice. In case of material changes to the Privacy Policy or how Orange Flow handles Personal Information of Users, a notice will be posted on the Site or sent via email, as mentioned above. This allows Users to review the updated terms before using the Site and/or the Services again. If You disagree with any of the revised terms and wish to stop using the Services, you can deactivate Your Account by contacting support@bloomsandleopard.com.
Changes to this Policy are effective when they are posted on this page. Once a notice of changes has been sent or published, Users automatically consent to the updated terms by using the Services or visiting the Site.
LIMITATION OF LIABILITY
We confirm that this Policy is the description of Our operations regarding the User Data. Subject to the provisions in this Policy, the liability of Orange Flow shall be limited to the removal of Data from the systems and the removal of other personally identifiable elements. Notwithstanding anything to the contrary contained in this Policy and elsewhere, the aggregate liability of Orange Flow for all claims for damages under the provision of the Services, including claims concerning the violation of this Policy, shall be governed by the provisions under the Terms and Conditions. Your continued use of Our Service constitutes Your agreement to this Policy and any amendments thereof.
APPLICABILITY OF THE TERMS AND CONDITIONS
This Policy shall be supplementary to the Terms and Conditions [www.bloomsandleopard.com/terms].
Words and expressions used in this Policy but not defined herein shall have the meanings ascribed to them in the Terms and Conditions. To the extent any provision of this Policy does not conflict with the Terms and Conditions, the Terms and Conditions shall apply to this Policy. In the event of any conflict between this Policy and the Terms and Conditions, the interpretation placed by Orange Flow shall be final and binding on You.
CONTACT US
In case of any queries, You can always write an email to us at support@bloomsandleopard.com.