PRIVACY POLICY
1. General
·
Big Digital
Universe, having its registered address on the 3rd Floor, Mahamati Bhawan,
Gairidhara Marg, Kathmandu-Nepal ("Big Digital," "we," "us,"
or "our") is managing and operating the website www.bigdigital.com.np (collectively referred to as the "Big
Digital Platform") through which it among other things facilitates the
sale and purchase of mobile, tablet, television, audio, home appliances,
computers, cameras, kitchen appliances, personal care and grooming, accessories,
and other products ("Products") to the users of the Big Digital
Platform ("User" or "Users" or "you" or "your").
·
This privacy
policy ("Privacy Policy"), together with the Terms, governs your use of the Big Digital Platform
and describes our policies and procedures on the collection, use, disclosure,
processing, transfer, and storage of the information provided to us by you. By
using, browsing, accessing, or purchasing from the Big Digital Platform, you
agree to be bound by the terms of this Privacy Policy and consent to the
collection, storage, possession, dealing, handling, sharing, disclosure, or
transfer of your information following the terms of the Privacy Policy. We
shall not use the User's Information except as provided under this Privacy
Policy. Capitalized terms used herein, if not defined, shall have the same
meaning as ascribed to them under the Terms.
·
This document
is an electronic record governed by the provisions under the Information
Technology Act, 2063 and rules made thereunder as may be applicable, and the
amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2063. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
·
This Privacy
Policy sets out the type of information collected from the Users, including the
nature of the Sensitive Personal Data or Information (defined hereinafter), the
purpose, means, and modes of usage of such information, and how and to whom we
shall disclose or transfer such information. You may withdraw your consent for the
collection and use of your Personal Information (defined hereinafter) or
Sensitive Personal Data or Information. However, please note that if you
withdraw your consent, we may no longer be able to provide you with the
corresponding service for which you have withdrawn your consent. It is hereby
clarified that your decision to withdraw your consent will not affect the
processing of Personal Information based on your previous consent prior to the
withdrawal.
·
Please take a
moment to familiarize yourself with our Privacy Policy. If you do not agree
with any provisions of the Terms or this Privacy Policy, we advise you not to
use or access the Big Digital Platform.
2. Type of Information Collected
·
You may be
asked to provide your information anytime you visit, access, use, or browse the
Big Digital Platform. We may share information and use it to fit with other information
to provide and improve our Products, services, content, and advertising.
·
You agree to
provide information that shall be valid, correct, up to date, and accurate. You
may access, amend, alter or require the deletion of your information partially
or entirely by logging into your account on the website.
·
Big Digital
Platform is not directed toward minors. We do not knowingly collect Personal
Information from any User under 18 (Eighteen) years. Let's be aware that we
have collected the Personal Information of a person below 18 (Eighteen) years
old. We will take steps to delete the information within a reasonable time
frame. Suppose a parent or guardian becomes aware that his or her child has
provided his/ her information on the Big Digital Platform without their
consent. In that case, they shall contact us for the deletion of such information.
In the event, where in contravention to the Privacy Policy and Terms, a person
below the age of 18 (Eighteen) uses the services, we shall not be held liable
or responsible for any damage or injury suffered by such person.
·
We may collect
a variety of information from you, including your name, password, mailing
address, phone number, e-mail address, and contact preferences, including any
other usage and interaction details with us or our affiliates. We may collect
such information which, when combined with other pieces of information
available, could reasonably allow you to be identified ("Personal
Information"). Personal information shall include but is not limited to
your full name, personal contact numbers, residential address, e-mail address,
gender, or date of birth.
·
We may also
collect, receive, process, or store specific sensitive personal data or information
consisting of, but not limited to:
·
Password
·
Financial information
such as bank account or credit card or debit card, or other payment instrument
details;
·
Physical,
physiological, and mental health conditions;
·
Any detail
relating to the above Personal Information categories as provided to us for
providing service;
·
Any of the Information
received under the above Personal Information categories by us for processing,
stored, or processed under lawful contract or otherwise.
(Collectively referred to as "Sensitive
Personal Data or Information").
3. Use of Information Collected
·
We may
collect, use or process your information, including Personal Information and
Sensitive Personal Data or Information, for the following purposes:
·
For creating
and giving you access to your registered account on the Big Digital Platform.
·
To develop,
deliver, process and improve our Products, services, and content in order to
personalize and improve your experience.
·
To inform you
about our Products, services, offers, updates, and upcoming events, including
providing you information about order confirmations, invoices, technical
notices, and security alerts.
·
For internal
analysis and research purposes such as auditing, data analysis, and research to
improve Our Products, services, and customer communications.
·
To meet any legal
or regulatory requirement or comply with a request from any governmental or
judicial authority.
·
To resolve any
request, dispute, grievance, or complaint raised by you about your use of the Big
Digital Platform.
·
To detect or
monitor any fraudulent or illegal activity on the Big Digital Platform.
4. Disclosure of Information Collected
·
We may, from
time to time, be required to disclose the information collected from you to our
trusted third-party service providers who assist us in facilitating the
provision of services and purchase of Products on the Big Digital Platform. For
instance, we may share your information with a third-party payment gateway
provider to process transactions on the Big Digital Platform. Using the Big
Digital Platform, you consent to any such disclosure of your information with
third-party service providers. We ensure that such third-party service
providers are bound by reasonable confidentiality obligations and/ or use,
maintain and follow generally accepted industry and security standards with
respect to such information.
·
We may also
disclose your information when such disclosure is requisitioned under any law
or judicial decree or when we, in our sole discretion, deem it necessary to
protect our rights or the rights of other Users, to prevent harm to persons or
property, to fight fraud and credit risk.
·
We may also
disclose or transfer your information to any third party as a part of
reorganization or a sale of the assets, division, or transfer of a part or
whole of us. We shall ensure that the third party to which we transfer or sell
our assets will have appropriate confidentiality and security measures, at
least as protective as those described in this Privacy Policy, to handle your
Personal Information. You will have the opportunity to opt-out of any such
transfer if the new entity's planned processing of your information differs
materially from that outlined in this Privacy Policy.
·
A third-party
payment gateway provider may be required to collect certain financial
information from you, including your credit/debit card number or your bank
account details (collectively referred to as "Financial Information").
All Financial Information collected from you by third-party payment gateway
providers will be used only for billing and payment processes. The Financial
Information collected from you is transacted through secure digital platforms
of approved payment gateways 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. Hence, we shall bear no liability in relation to
the same. We shall neither be liable nor responsible for any actions or
inactions of third-party payment gateway providers or any breach of conditions,
representations, and warranties. We shall also not be obligated to mediate or
resolve any dispute or disagreement between you and such third-party payment
service providers.
·
While we take our
best efforts to ensure that your information, including Personal Information,
Financial Information, and Sensitive Personal Information or Data, 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.
·
Your information
may also be transferred, stored, or processed in any country other than where
you access the Big Digital Platform. For sharing or disclosing data per the
Privacy Policy, we reserve the right to transfer your information outside of
your country. By using the Big Digital Platform, you consent to such transfer
of your information outside of your country and also within our affiliates,
subsidiaries, and partners whose personnel and subcontractors, provided they
have agreed to ensure the same level of data protection as prescribed under
this Privacy Policy and the data protection laws of India. The information may
be transferred if necessary for the performance of the services, operation of
the Big Digital Platform, and provision of Products as agreed upon between the
third party and us.
5. Security
·
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 it has
under its control from unauthorized access, improper use or disclosure,
unauthorized modification, and unlawful destruction or accidental loss. When
you submit your information on the Big Digital Platform, your information is
protected through our security systems. Please note that we use international
and industry-recognized standards per applicable laws, rules, and regulations.
·
Your information
is contained within secured networks and is only accessible by a limited number
of authorized persons who have access rights to such systems or otherwise
require such information for the purposes provided in this Privacy Policy.
These authorized persons are also under an obligation to keep such information
confidential.
·
Although we
make the best possible efforts to transmit and store all the information
provided by you in a secure operating environment that is not open to the public,
you understand and acknowledge that there is no such thing as complete security.
We do not guarantee that there will be no unintended disclosures of any
information and potential security breaches. You agree not to hold us
responsible for any breach of security or for any action of any third parties
that receive your Personal Information or events that are beyond our reasonable
control, including acts of government, computer hacking, unauthorized access to
computer data and storage device, computer crashes, breach of security and
encryption, etc.
6. Cookies Policy
·
Due to the
communications standards on the Internet, when you visit, access, or browse the
Big Digital Platform, we automatically receive the uniform resource locator of
the site from which you visit, access, or browse the Big Digital Platform,
details of the website you visit on leaving the Big Digital Platform, the
internet protocol ("IP") address of each User's computer operating
system, type of web browser the User is using, e-mail patterns, and the name of
the User's internet service provider. This information is used solely to
analyse overall User trends and to help us improve our services. Please note
that the link between the User's IP address and the User's personally
identifiable Information is not shared with third parties without the User's
permission or unless required by law or to provide or facilitate the User with
the services. Notwithstanding the above, the User acknowledges that we reserve
the right to share some of the aggregate findings, including the Personal Information
provided by the Users in an unidentifiable, aggregate form, and not the
specific data with advertisers, sponsors, investors, strategic partners, and
others to help grow the business. The amount of information sent to us depends
on the settings of the web browser used by the User to access the Platforms.
The User may refer to the browser used if the User wishes to learn what information
is provided to us.
·
The Big
Digital Platform uses temporary cookies to store certain data. We do not store
Personal Information in the cookies. Information collected by us, by any means
whatsoever, that does not personally identify the User as an individual (such
as patterns of utilization described above) is exclusively owned by us and may
be used by us and third-party service providers for technical administration of
the Platforms, user administration, research, development, and other purposes.
·
You understand
that you may set or amend your web browsers to delete or disable cookies. If
you choose to disable cookies on your computer or mobile telecommunication
device, it may impair, degrade or restrict access to certain areas of the Big
Digital Platform.
·
We may allow
other companies or entities to serve advertisements to you. These companies or
entities include third-party advertisement servers, advertisement agencies,
advertisement technology vendors, and research firms. We may target some
advertisements to you that fit a certain general profile. We do not use
Personal Information to target advertisements to you. When serving
advertisements or optimizing the services to its Users, we may allow authorized
third parties to place or recognize a unique cookie on the User's browser.
·
You agree and
understand that we do not exercise control over third-party websites displayed
as search results or links on the Big Digital Platform. These other sites may
place their cookies or other files on the User's computer, collect data or
solicit personal information from the Users, on which we have no control and
shall not be held responsible or liable. We do not make any representations
concerning the privacy practices or policies of such third parties or terms of
use of such websites, nor do we guarantee the accuracy, integrity, or quality of
the information, data, text, software, sound, photographs, graphics, videos,
messages or other materials available on such websites. The inclusion or
exclusion does not imply any endorsement by us of such websites, the website's
provider, or the information on the website.
·
We may keep
records of telephone calls received from and made to Users for the administration
of services, research, and development, training, business intelligence,
business development, or User administration. We may share such telephone
records with third parties when required by law or to provide or facilitate the
User with the services.
7.
You consent to
our reproduction/publishing of all testimonials and reviews given by you on the
Big Digital Platform in relation to the services or the Products. You agree
that we may edit the testimonials and reviews provided by you and
reproduce/publish such edited or paraphrased versions of the testimonials and
reviews on the Big Digital Platform. If the User has any concerns with the
reproduction/publication of any testimonial or review provided by you, the User
may contact us at
customercare@bigdigital.com.np
or please 9820133300
8. Opt-Out Policy
·
The third-party
service providers with whom we may share information you provide are not
permitted to market their own services, send promotional e-mails or engage in
promotional communication with you. We provide you with the opportunity to opt out
of receiving non-essential, promotional, or marketing-related communication
from itself or its partners.
·
If you wish to
remove your contact information from all our mailing lists and newsletters, you
can click on the "unsubscribe" link or follow the instructions in
each e-mail message. Alternatively, you can contact us at customercare@bigdigital.com.np or call us at 9820133300 ( 10 AM to 8 PM, 365 days ). We reserve the right
to limit membership based on the availability of contact information. All Users
will be notified by e-mail prior to any actions taken.
9. Retention of Information
·
We will retain
your information and any data for the period necessary to fulfill the purposes
outlined in this Privacy Policy unless a longer retention period is required or
permitted under the applicable law.
10. Modification
·
We reserve the
right to amend this Privacy Policy at any time. The Privacy Policy, as and when
modified, shall be updated on the Big Digital Platform. We encourage you to
review this Privacy Policy whenever you visit our Big Digital Platform to
understand how your Personal Information is used.
11. Grievance Redressal
·
In case you
have any questions, grievances, or complaints about this Privacy Policy or the Big
Digital Platform, you may contact our
·
Office Number:
9820133300 E-mail Address: customercare@bigdigital.com.np
12. Governing Law
·
The terms of
this Privacy Policy shall be governed and construed in accordance with the laws
of India. Any dispute regarding or arising out of this Privacy Policy shall be
subject to the exclusive jurisdiction of the courts in Kathmandu
13. Severability
· Whenever possible, each section of this Privacy Policy shall be interpreted to be valid under applicable law. However, if any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Privacy Policy or other remaining provisions.