Privacy Policy

OVERVIEW

The following privacy policy (“Policy”) relates to use of the Company’s ‘NexusOne’ technology platform, constituting the ‘NexusONE’ a mobile application, (“Platform”) and the services provided on the Platform (“Services”). This Policy governs the privacy of the Users who choose to use the Platform and has been designed to help Users understand the Company’s practices in relation to personal information that we collect from them.

This Privacy Policy is an electronic record under the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder. This Policy does not require any physical, electronic, or digital signature by us and has been published in accordance with the provisions of the IT Act and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI Rules”), and is to be read in addition to the provisions of the same.

For the purposes of the Policy,

“User Information” or “Information” shall mean information (as more fully detailed in Clause 3 hereunder) collected from Users, when they access, or avail of Services on, the Platform.
“Personal Information” with reference to any natural person, is defined under the SPDI Rules, to mean any information that relates to such person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying that person.
“Sensitive Personal Data or Information (SPDI)” is defined under the SPDI Rules to mean Personal Information about a person relating to their:
  1. password(s);
  2. financial information (e.g., bank account, credit or debit card or other payment instrument details);
  3. physical, physiological and mental health condition;
  4. sexual orientation;
  5. medical records and history;
  6. biometric information;
  7. any detail relating to the above as provided to a company for providing services or, storing or processing such information;

Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or under any other law would not be regarded as SPDI for the purposes of this Policy.

USERS OF THE PLATFORM AND SERVICES

  1. ‘visitors’ (persons who simply browse the Platform) and
  2. ‘members’ (persons who have registered/signed-in with the Platform and/or the www.nexus247.in online shopping portal (“Portal”))

The term “User” refers to both visitors and members who are availing the Services at any of the Participating Malls. It is clarified that reference to the “User” refers to visitors on this Platform regardless of whether they access the Services or consummate any transaction on the Platform.

By accessing and/or using the Platform for which Users signify acceptance at the time of installing the mobile application, the User consents to the collection and processing of their personal data, and the practices described in this Policy, as may be amended from time to time.

This Policy, together with the Terms of Use available at www.nexusmalls.com (“ToU”), sets out the basis on which any Personal Information (including SPDI) that the Company collects in relation to Users, or that Users provide to the Company, will be processed or shared by the Company.

For the purposes of Information Technology Act, 2000

The body corporate collecting the User Information is the Company. The Company will comply with all applicable data protection laws and regulations and will cooperate with data protection authorities. The Platform is offered in compliance with the laws of India. If you are accessing or using the Platform from an overseas location, you are requested to independently validate the impact of any applicable local laws.

USER CONSENT

The User consents to the collection, receiving, possessing, storing, dealing, sharing and/or handling of their Personal Information (including SPDI) by the Company in the manner and to the extent provided under this Policy, and as may be modified by the Company from time to time.

SCOPE

This Policy applies to all non-public, online and offline, collected, stored, processed, transferred and used User Information. The Company does not offer Services to persons who have not attained the age of 18 (eighteen) years. If you are a parent or guardian and discover that your child under 18 (eighteen) years of age, has visited the Platform or otherwise accessed the Services, then you may contact the Grievance Redressal Officer and request that the Company delete the relevant Information from our systems.

COMPLIANCE WITH APPLICABLE LAWS

The Users represent and warrant to the Company that they will comply with all the laws that are applicable to them. The Company shall not, in any case, be responsible for non-compliance by the User with applicable laws The User agrees and undertakes to indemnify the Company in any suit or dispute by any third party arising out of disclosure of information by the User to third parties either through the Platform or otherwise and the User’s use and access of websites, applications and resources of third parties.

INFORMATION COLLECTED BY THE COMPANY

Information given by Users to the Company: The Users may give information to the Company about themselves by filling in forms on the Platform and/or the Portal, uploading their invoices and sharing details of their purchases on the Platform or by corresponding with the Company by phone, e-mail or otherwise. This includes information that the Users provide when they register to use the Platform, download and complete various forms and documents, participate in discussion boards or other social media functions on the Platform, enter a competition, promotion or survey, or when they report a problem with the Platform. User Information, inter alia, may include inter alia their name, mailing address, e-mail address, phone number, personal description, profession, gender, photograph, favourite store at the Participating Mall, third party sign-in information, loyalty membership information, programme affiliations, proof of identity such as Permanent Account Number (PAN), passport, driving licence, the voter's identity card issued by the Election Commission of India, or any other document recognized by the Government for identification, and other such contact information that you provide during registration, in response to surveys and questionnaires or otherwise.

Information that the Company collects about the Users

With regards to each of the User’s visits to the Platform: The Company may automatically collect the following information: a) technical information, including the internet protocol (IP) address used to connect the User’s phone or tablet to the Internet, User login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; b) information about the User’s visit, including the full uniform resource locators (URL) clickstream to, through and from the Platform (including date and time); products or services viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call the Company’s customer service number; c) areas of the Platform and vendors at the Participating Malls that you visit, your browsing actions such as the time you spend on the Platform, and patterns, including your browsing history collected automatically upon your visit and other such information; d) your invoices scans from purchases at the Participating Malls, your purchase preferences, and offers and discounts you have availed of. Transactional information gathered by us may be stored on servers, log files and any other storage system owned by any of us or by third parties.

If you grant permission, we may collect and process your device’s location data using GPS, Wi-Fi, Bluetooth, or cell tower signals. This data may be collected while the app is in use to provide location-based features such as navigation, store locator, personalised offers, and analytics. You can disable location access anytime in your device settings. However, some features may not function properly without location permissions.

Information that the Company receives from other sources

  1. The Company is also working closely with third parties (including, for example, business partners, advertising networks, analytics providers, search information providers, etc.) and may receive information about Users from them including information received from the Portal.
  2. Any information that is freely available or accessible in the public domain.

SENSITIVE PERSONAL DATA AND INFORMATION

Any SPDI is collected directly from the User and the User agrees to the disclosure of his/her SPDI by the Company, in accordance with this Policy.

WARRANTY BY THE USER OF INFORMATION PROVIDED

The User shall not provide any false, deceptive or misleading information on the Platform or by any other means to the Company under any circumstances whatsoever. The User shall also ensure that if there is any change in any information or details provided at the time of creation of a registered account or otherwise, the User shall promptly update the Company of such change, as the case may be, and continue to keep all information updated and correct at all times.

  1. The User shall ensure that before posting any information on the Platform or submitting the same to the Company, the User has all necessary rights, ownership, authorization or permissions to submit or share such information on the Platform or with the Company, or to otherwise act on behalf of any person whom the User purports to act on behalf of. Please don’t post/upload information relating to another individual (including purchases and invoices of, or usage by friends or family) on the Platform.
  2. The Company may remove, in its sole discretion and without being obliged to give notice or reasons, any information submitted on the Platform in the event that such information does not comply with laws, rules or regulations for the time being in force, or if the same violates the Company’s policies or rights of third parties, or which otherwise violates or does not comply with the terms or which the Company deems is otherwise inappropriate.

COOKIES

The Platform uses cookies to distinguish a User from other users of the Platform. Cookies are small data files that a website stores on the User’s device. Like most organizations, the Company uses persistent cookies which are permanently placed on the User’s device to store non-personal information and the Company’s web server automatically collects and aggregates information about the User’s visit including, but not limited to, their IP address, service provider, browser type and operating system. [While cookies have unique identification numbers, personal information (name, account number, contact numbers, etc.) shall not be stored on the cookies.]

This information does not personally identify the User and the Company analyses this aggregated information only to optimize the User’s experience and enhance the time spent with the Company online. Cookies help the Company to provide Users with a good experience when they use the Platform and allow the Company to improve the Platform.

The Users can block cookies, erase them once they have been stored, or receive a warning before a cookie is stored. The User should refer to their internet browser’s Help section for more information. However, if a User objects to the use of cookies in this way, he/she should quit using the Platform.

USE MADE OF THIS INFORMATION:

We may collect and use your Personal Information, including SPDI, for any or all of the following purposes:

  1. Where necessary for us to comply with our legal/ regulatory obligations.
  2. Where necessary for us to provide Services on the Platform and/or any Participating Mall, and to operate our business, including but limited to:
    1. To provide access to and usage of the Platform and the Services (including to undertake customization and improvements to the overall functionality of the Platform, bug fixing, error correction and improvement of technology);
    2. To enable your enrolment and manage your membership and issue points under the Loyalty Program, and to fulfil our contractual obligations under such programs;
    3. For utilisation and redemption of accumulated points in Participating Malls;
    4. For analysing the use of our resources, troubleshooting problems and other internal business purposes and services, including without limitation, IT support services, and data analysis services;
    5. For research, analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines and related purposes;
    6. To process and fulfil your request for Services, respond to any queries or grievances that you may have and to communicate information to you including any inquiries about the Services offered on the Platform;
    7. To contact you through email, SMS, WhatsApp, telephone and any other mode of communication in relation to the Services;
    8. To allow our service providers, business partners and/or associates to present customized messages to you;
    9. To detect, investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Terms, or as otherwise required by law;
    10. To determine and prevent any security breaches, computer contaminant or computer virus on the Platform;
    11. To maintain security at the Participating Malls;
    12. Offer ability to transfer points earned:
      1. on the Platform to amenities offered in the Participating Malls (such parking, food court, games arena);
      2. or any third parties with whom we have arrangements to facilitate utilisation of such reward/loyalty points.
    13. For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes, determining footfall at the Platform and User volume on the Platform;
    14. To carry out our obligations and enforce our rights arising from any contract entered into between you and the Company, as applicable;
    15. To enable you to avail special offers and benefits from our business partners;
    16. To comply with any opt-out or do not disturb requests we receive from you;
    17. To manage and administer any of our events and competitions which you enter, on the Platform or at the Participating Malls;
    18. To provide you with benefits and a uniform customer experience on your physical visit to the Participating Malls;
    19. To provide you with information regarding new services, privileges and offers, personalized services, marketing and promotional campaigns, facilitate personalized advertisements, and improve your overall experience on the Platform;
    20. To analyse information collected and determine patterns, to enhance our offerings and Services to Users;
    21. To send you important information regarding the Platform, including changes in terms and conditions, user agreements, and policies and/or other administrative information which govern the relationship between you and the Company; and
    22. To conduct audits and quality assessment procedures.
  3. For any other purposes (i) related to any of the above; (ii) of which we provide specific notice at the time of collection; or (iii) as required or permitted under applicable law.

INFORMATION THAT THE USER GIVES TO THE COMPANY

The Company will use this information:

  1. To provide User’s with information about the Services;
  2. To provide them, or permit selected third parties (acting on the Company’s behalf in relation to its services) to provide them, with information about the Company’s services that it feels may interest the User;
  3. To notify the User about changes to the Services;
  4. To ensure that content from the Platform is presented in the most effective manner to the User and for the User’s device;
  5. To monitor metrics such as total number of views, visitors, traffic and demographic patterns;
  6. To comply with /report to administrative and judicial authorities, as may be required under applicable law.

INFORMATION THE COMPANY COLLECTS ABOUT THE USER:

The Company will use this information:

  1. To administer and improve the Platform and the services provided thereon and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  2. To allow the User to participate in interactive features on the Platform, when they choose to do so and make suggestions and recommendations to the Users and other Users of the Platform about goods or services that may interest them;
  3. As a part of the Company’s efforts to keep the Platform safe and secure;
  4. To measure or understand the effectiveness of advertising that the Company serves to the User and others, and to deliver relevant advertising to them;
  5. To design and improve the products and services, customer relationship management processes to operate the business.

Information that the Company receives from other sources: The Company may combine this information with information that the User gives to them and also information that the Company collects about the User. The Company may use this information and the combined information for the purposes set out above (depending on the types of information the Company receives).

DISCLOSURE OF USER INFORMATION

The Company may share the User Information with any other body corporate, as defined under applicable law or with third parties and when required to be disclosed under applicable law. When the User Information is transferred, we will require that the transferee entity complies with the terms of this Policy and applicable data privacy laws. However, SPDI will not be published by the Company or by any third party.

You also acknowledge that, due to the interconnected nature of our business operations, the Company may require to share User Information with any member of its group, which means subsidiaries, associate companies and its ultimate holding company, as well as owners, operators and vendors at the Participating Malls (including their service providers) as required, for the purposes mentioned in this Policy and to provide you a safe, efficient, seamless, and customised experience on the Platform. We do not share precise location data with third parties without your explicit consent. Aggregated or anonymised location information may be used for analytics or reporting purposes.

Information held by us may be disclosed, inter alia, to the following third parties for the purposes specified in this Policy or our other policies or as required or permitted under applicable law:

  1. Partners with whom we have contracts for the Services described in this Policy or arrangements through which they may offer products or services to Users, and to whom we may disclose User Information for a relevant purpose;
  2. Service providers including sellers, affiliates, agents, contractors, third party service providers that process or will process User Information on our behalf, including, but not limited to those which provide administrative or other services to us such as shipping companies, telecommunication companies, information technology companies and data centres, to improve the Platform;
  3. Our other branches or businesses, or our group companies or affiliates;
  4. Any other person under a duty of confidentiality to us, which has undertaken to keep such information confidential, including with credit rating agencies, fraud prevention agencies, regulatory or governmental authorities and courts and law enforcement agencies.

We may also transfer User Information to a potential buyer, acquirer, transferee, assignee, merger partner or their advisors in connection with a sale, transfer, merger, consolidation or purchase of some or more of our assets or businesses or in exploration of such a transaction, as well as any restructuring or rearrangement of our operations and business.

DATA RETENTION

The data that the Company collects from the User may be transferred to, and stored at, a destination outside India as well. However, in most instances, it will be processed in India. The User, by submitting Personal Information (including SPDI), agrees to any such transfer, storing or processing. The Company will take all steps reasonably necessary to ensure that the User’s data is treated securely and in accordance with this Policy and other applicable laws of India including the IT Act and rules and regulations thereunder. The data collected by the Company will be retained for reasonable periods of time, in accordance with specific policies or as required by law. The data collected for a specified purpose will only be used for that purpose and, unless that information is otherwise required to be retained, after a reasonable period of time, the data will no longer be actively stored when that purpose has been fulfilled.

REASONABLE SECURITY STANDARDS

  • We will take reasonable steps to ensure that the Personal Information including SPDI pertaining to you is stored in a secure environment protected from unauthorized access, modification or disclosure.
  • We employ managerial, technical, operational and physical controls consistent with requirements under applicable laws, to safeguard SPDI against loss, misuse, copying, damage or modification and unauthorized access or disclosure.
  • We regularly adapt controls to respond to changing requirements and advances in technology and we review our SPDI collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
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    USER’S RIGHTS

  • Right to Review: You have the right to access and review the Information you have provided to us and correct or amend any inaccurate or deficient information.
  • Right to Opt-Out: Subject to applicable laws, you may also opt-out of the collection and use of your Personal Information (including SPDI) or withdraw your consent. In the event you decide to withdraw your consent for collection, storage, processing, use and/or transfer of your Information, then we will explore other means to achieve the same result. You can withdraw your consent to share location data at any time by turning off location permissions in your device settings. Previously collected location data will be retained only as long as necessary and then deleted or anonymised.
    To exercise any of the rights specified above, please contact the Grievance Redressal Officer specified here.
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    USER’S OBLIGATIONS

  • Compliance Obligations: It is vital that you comply with the terms of this Policy and refrain from inappropriately accessing or using SPDI or disclosing it to unauthorized persons.
  • Updates: It is important that the Information we hold about you is accurate and current. Please keep us informed if your Information changes during the period for which we hold it.
  • Unauthorized Access: It is important for you to protect against unauthorized access to your password(s), your computer and your mobile devices. Be sure to log off from the devices when finished. We do not undertake any liability for any unauthorized use of your account(s) and password(s). If you suspect any unauthorized use of your account(s), you must immediately notify us by sending an email to nexusoneapp@nexusmalls.com.
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    LINKS TO OTHER WEBSITES

    The Platform may contain links to other websites of interest or to other third-party sites, such as payment gateways, and may include advertisements and hyperlinks to applications, content or resources (“Third-Party Links”). The Company is not, in any way, related to or otherwise associated with such Third-Party Links or the corresponding websites, and does not guarantee or otherwise endorse any content and/or security of such websites. The Company is not responsible for any collection or disclosure of your information to any external sites, applications, companies or persons thereof. Therefore, the Company cannot be responsible for the protection and privacy of any information which the Users provide whilst visiting such sites and such sites are not governed by this Policy. The User should exercise caution and look at the privacy policies applicable to the website in question. In no event, shall the Company be liable for any loss, damage, claim or expense caused as a result of accessing these Third-Party Links and/or any of their features.

    CHANGES TO THE PRIVACY POLICY

    Any changes that the Company, at its own discretion, may make to this Policy in the future will be posted on this page www.nexusmalls.com The User is requested to check back frequently to see any updates or changes to this Policy. The User’s continued use of the Platform and/or the Services means that the User accepts and agrees to the changes in the Policy.

    CONTACT INFORMATION AND GRIEVANCE REDRESSAL MECHANISM

    The Company welcomes questions, grievances, comments and concerns about the Policy from the users. The users can contact the Company by sending an email at nexusoneapp@nexusmalls.com. In order to address any discrepancies and/or grievances that you may have in relation to this Policy there is a designated “Grievance Redressal Officer”, whose name and contact details are as below:

    Name: Ms. Supriya Kajjidoni
    Address: Nexus Select Mall Management Private Limited
    Embassy 247,
    Unit no. 501, B Wing,
    LBS Marg, Vikhroli (West),
    Mumbai – 400083.
    Tel: 022-62805000
    Email:nexusoneapp@nexusmalls.com