Privacy Policy

PLEASE READ THESE PRIVACY TERMS CAREFULLY AND IN THEIR ENTIRETY, BEFORE ACCESSING OR USING THE ZOOP APP

1. Introduction

These Privacy Terms (“Privacy Terms”) describe our (“Zoop”/”we”/”us”) policies and procedures on the collection, use and disclosure of the information provided by the sellers and the buyers/users/visitors (together referred to as the (“Users”/”you”/”your”) of the Zoop application (“App”). Every User who accesses or uses the App and any other related software and/or services with the characteristics and features as described or available on the App (referred to collectively as the “Services”), agrees to be bound by the terms of these Privacy Terms.

These Privacy Terms and the terms and conditions hereunder represent a binding contract between Users and Zoop with regard to the App and in particular, the Services. Therefore, Users should read these Privacy Terms carefully and, in their entirety, before starting to use the App and/or any Services. Users indicate, at their option, their acceptance of and agreement to these Privacy Terms and the terms, policies, procedures, and conditions hereunder, by clicking or tapping on a button indicating their acceptance of these Privacy Terms, or by registering on the App and/or the Services or using them as a seller or a buyer/user.

2. Synopsis of Privacy Terms

We appreciate that you are trusting us with information that is important to you, and we want to be transparent about how we use it.

This is why through these Privacy Terms, we will inform you about:

While we would strongly advise you to read the Privacy Terms in full, the following summary will give you a snapshot of the salient points covered herein:

3. What Information Do We Collect and For What Purpose?

DATA WE MAY COLLECT (User Information)

We collect the following Personal Information and/or Sensitive Personal Data or Information relating to the Users, which is necessary for the operation of the App and Services (“User Information”):

  • name;
  • gender;
  • age;
  • contact information including location, email address, billing and shipping address and mobile number;
  • password chosen by the User;
  • IP Address;
  • financial information such as bank accounts, credit and debit card details or other payment instrument details; and/or
  • How you behave on the App, (what features you land on, how much time you spend, etc.)
  • Your IP Address;
  • Your location;
  • How you behave on the App, (how much time you spend, etc.);
  • What device you use to access the App and its details (model, operating system, etc.);
  • Cookies and web beacon data; and/or
  • any other information as the User may provide.

Upon receiving specific consent from a User, Zoop may share the data, which Zoop collects from cookies, with our advertisement partners to track User visits, establish a Users’ non-personal identity and present such Users with targeted advertisements about our Services. The App and other third parties, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

HOW AND WHY WE USE IT (“PURPOSE")

We collect this data in order to help you register for and facilitate provision of our Services.

Such User Information is collected and processed for lawful reasons by Zoop, including but not limited to:

  1. For personal identification of Users;
  2. to provide, maintain and improve our Services;
  3. to provide our Services effectively to users and sellers, including data analysis, delivery, provision of logistics and advertisements;
  4. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and Services;
  5. customizing the content of the App and the Services to meet specific needs of the User;
  6. providing to Users all of the features and functionality of the App and the Services;
  7. tracking and analysing User preferences and trends in order to improve the quality and design of the App and Services, and to create new features, promotions, functionality, and services;
  8. monitoring the effectiveness of marketing campaigns, and monitor aggregate usage metrics;
  9. remembering information so that Users will not have to re-enter it during their visit or the next time they visit the App and/or Services;
  10. for making improvements to the App, including by monitoring the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved;
  11. We also use this data to provide support to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law or anti-fraud activities/systems.
  12. We use this data to communicate about existing or new offers, content, advertisements, surveys, key policies or other administrative information
  13. for any business purpose, including without limitation, commercialisation, monetisation, promotional, marketing, and training purposes, including providing or processing such User Information for data analytics.

WHAT DOES PERSONAL INFORMATION MEAN?

“Personal Information” means any information that relates to a natural person, such as Users, and is capable of identifying such person. Further, for the Purpose of these Privacy Terms,

WHAT DOES SENSITIVE PERSONAL DATA MEAN?

“Sensitive Personal Data or Information” of a person to mean Personal Information about that person relating to, including without limitation:

  1. Passwords
  2. Lifestyle, food preferences, medical conditions and family medical history, health goals or other fitness regimes
  3. Readings of vital signs, including without limitation, heart rate, blood pressure, blood sugar, breathing rate, height, weight
  4. Biometric data
  5. Ethnicity, genetics, health, or sexual orientation
  6. IP Address
  7. Location unless location services are deactivated in the relevant section of the App
  8. Financial information such as bank accounts, credit and debit card details or other payment instrument details

4. HOW WILL WE PROCESS USER INFORMATION?

  1. All User Information is maintained by Zoop in electronic form on online servers/cloud systems and shall be accessible by certain personnel on behalf of Zoop as mentioned below. The User Information may also be converted to physical form from time-to-time. Regardless of the manner of storage, Zoop will keep all User Information confidential, and will only disclose User Information to the persons mentioned below:
    1. its, or its Subsidiaries’ and Affiliates’ employees, directors, representatives, or partners, on a need-to-know basis. All such personnel who have access to, and are associated with the processing of User Information, are obliged to respect the confidentiality of User Information.
    2. Third party service providers to the extent necessary to provide the Users with the Service. Zoop may provide the User Information to third party service providers to work on behalf of or with Zoop to provide the Users with the Service, to help Zoop communicate with the Users or to maintain the App. Generally, the third party service providers do not have any independent right to share this information, however certain service providers who provide services on the App, including the providers of online communications services, will have rights to use and disclose the User Information collected in connection with Purpose and the provision of these services in accordance with their own privacy policies.
  2. Zoop may also use and share certain User Information with reliable and reputed third-party payment gateway service providers which Zoop may have engaged in order to ensure swift and comfortable payment mechanisms on the App and/or in relation to the Services. Such third-party payment gateway service providers and other payment transaction processors may have their own privacy policies in respect of the User Information Zoop is required to provide to them for Users’ purchase-related transactions. For these providers, Users must read their privacy policies to understand the manner in which User Information (including financial information such as bank accounts, credit and debit card details or other payment instrument details) would be handled by these providers.
  3. There may also be certain services offered by external service providers that help Users use the App and the Services. If User chooses to use such optional services, and in the course of doing so, discloses information to the external service providers and/or grant them permission to collect any User-related Personal Information and/or Sensitive Personal Data or Information, then their use of such data or information is governed by their relevant privacy policy.
  4. Notwithstanding the above, Zoop shall not be responsible for any breach of security or for any actions of any third parties that receive the User Information or events that are beyond the reasonable control of Zoop including without limitation, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, or any acts attributable to the Users or any third parties.

5. WHAT ARE YOUR RIGHTS?

  1. Right to Restrict: Users have a right to opt-out of providing any of the User Information. However, in such an event, Zoop reserves the right to refuse or limit such Users’ access and use of the App and the Services, or part thereof.
  2. Right to Withdraw Consent: Users have the right to withdraw their consent to the use, disclosure, or processing, of any User Information. However, in such an event, Zoop reserves the right to refuse or limit such Users’ access and use of the App and the Services, or part thereof.
  3. Right of access: You have a right to access the User Information you have provided by requesting us to provide you with the same.
  4. Right to be informed: You have a right to be informed about the manner in which any of your personal data is collected or used which we have endeavoured to do by way of these Privacy Terms.
  5. Right to unsubscribe: Users have the right to unsubscribe from any commercial communication, which is not essential for Zoop to either provide the App or Services to Users. Users may exercise such right by clicking on the relevant link to unsubscribe, available as part of such commercial communication.

6. WHAT ARE YOUR OBLIGATIONS?

  1. Users must, at all times, respect and follow the terms and conditions of the then-current Privacy Terms and the Terms of Use. This includes respecting all intellectual property rights which may belong to Zoop, its Subsidiaries and Affiliates and/or any third parties.
  2. Any violation of these Privacy Terms by a User, directly or indirectly, may lead to the restriction, suspension or termination of a User account by Zoop, and/or any other consequences as provided under the Terms of Use.
  3. A User’s usage of the App and Services is predicated on User Information, and any underlying issues in relation to the User Information may result in inaccuracy or inadequacy of the App and/or Services. Any User Information should not violate the legal rights or interests of any person or entity, and (ii) the relevant User should have the sole rights to, any and all User Information relating to such User. Users are solely and exclusively: (i) responsible for all their User Information, and (ii) liable for the consequence of their User Information and User actions in relation thereto (including any loss or damage which Zoop may suffer pursuant thereto). A User’s usage of the App and the Services is entirely at User’s own risk, including Zoop’s usage of the User Information.
  4. Users shall be responsible for all User Information provided by them, including the completeness, accuracy, and adequacy thereof, and shall be liable to Zoop for ensuring that the User Information provided to, transferred to, or handled by, or within, the App and Services does not infringe any third party rights.
  5. Whenever a User makes use of the Services (or any feature or part of the Services) that allows a User to upload User Information on the App, such User must comply with applicable data protection rules and laws. The User Information must be accurate where it states facts and comply with the law applicable in any location from which it is posted.
  6. Users acknowledge that these Privacy Terms are to be read in conjunction with the Terms of Use. User’s visit and any dispute over privacy is subject to these Privacy Terms and the Terms of Use.

7. HOW TO ACCESS, CORRECT AND DELETE

  1. You may request access, correction or updation, and deletion of the User Information by contacting raghav@fluxlabs.com. You may note that deletion of certain data or withdrawal of consent may lead to cancellation of your access to our Services.
  2. Based on technical feasibility, we will provide you with access to all your personal and sensitive personal data that we maintain about you.

8. PRIVACY STATEMENTS

  1. Users must note the following:
    1. Any User that does not consent to any provisions of these Privacy Terms is required to leave the App immediately and discontinue any usage of the Services, and such User is not permitted to use this App. Zoop will not be liable for any consequences arising from any unauthorized use.
    2. Except as otherwise provided herein, when browsing the App, a User is not required to provide Personal Information and/or Sensitive Personal Data or Information unless and until such User chooses to submit their Personal Information and/or Sensitive Personal Data or Information on the App.
    3. In the ordinary course of business, we may employ third parties to assist us in providing certain components of our Services in compliance with the provisions of this Policy. To do so, we may need to share your data with them, however that will be used only in line with purposes stated above. Needless to say, such third parties will implement similar security standards and handle/process User Information with utmost regard to safeguarding your data privacy.
  2. A User can set or amend their device settings to delete or disable cookies. If a User chooses to disable cookies on their device, it may impair, degrade or restrict access to certain areas of the App.
  3. Zoop has implemented Indian industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. It is expressly stated that Zoop shall not be responsible for any breach of security or for any actions of any third parties that receive the Users’ personal data or events that are beyond the reasonable control of Zoop including without limitation, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, or any acts attributable to the Users or any third parties.
  4. The App may include hyperlinks to other websites or content or resources. Zoop may not have control over any websites or resources, which are provided by other companies or persons. By accessing the App, each User acknowledges and agrees Zoop is not responsible for any such external sites, content, or resources, and activities undertaken by them.
  5. Zoop may disclose any Personal Information and/or Sensitive Personal Data or Information to governmental institutions or authorities if such disclosure is requisitioned under any law or judicial decree or when Zoop, in its sole discretion, deems it necessary in order to comply with necessary legal requirements, protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply these Privacy Terms or the terms of use relating to the App and Services (as may be amended or updated from time to time), available at Terms of use.
  6. Zoop addresses all discrepancies and grievances of all Users with respect to processing of information in a time-bound manner, through the Grievance Officer. The details of the Grievance Officer are set out in Paragraph 11 below.
  7. This Policy is published in compliance with, inter alia:
    • Section 43A of the Information Technology Act, 2000 (“IT Act”);
    • Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
    • Regulation 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”).

9. LEGAL DISCLOSURES

In addition to the Purpose set out in the Privacy Terms, we may share your information that we collect with third parties. We only share Personal Information ensuring that such third party has implemented data protection measures at least as protective as those described in this Policy or as required under applicable law. By using the App or availing our Services, you accept the terms hereof and hereby consent to the storage and processing of the Personal Data and SPDI by third parties, and acknowledge that we may disclose/share any data we collected or processed from you, which, inter alia, include:

10. CHANGE IN THE PRIVACY TERMS

  1. Zoop may update these Privacy Terms at any time, including but not limited to, pursuant to any change in applicable laws including the Digital Personal Data Protection Act 2023 and the rules, and/or regulations framed thereunder, with an intimation notice, in the event there are significant changes in the way Zoop treats User Information, Zoop will display a notice on the App and/or send Users an email. Unless stated otherwise, these current Privacy Terms apply to all information that Zoop has about the Users and their account, in relation to the App and Services.
  2. If a User uses the Service after a notice of change has been sent to such User or published on the App, such User hereby provides their consent to the changed practices.

11. GRIEVANCE OFFICER

a. The name and contact details of our Grievance Officer are as follows:

Mr. Raghav Dalela, Director

Email: help@fluxlabs.com

b. Any questions or concerns regarding the use or disclosure of User Information in relation to the App and Services should be directed to the Grievance Officer. Zoop will make commercially reasonable efforts to investigate and attempt to resolve complaints and disputes regarding the use and disclosure of User Information by reference to the principles contained in these Privacy Terms.

12. MISCELLANEOUS

  1. Disclamer: We cannot ensure that all of your Personal Data and SPDI will never be disclosed in ways not otherwise described in this Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your information or private communications will always remain private. While using the App or availing any of our Services, you understand and agree that you assume all responsibility and risk for your use of the App and Internet generally, and the information you post or access and for your conduct on and off the App.
  2. Indemnity: You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our App or otherwise and your use and access of websites, applications and resources of third parties.
  3. Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein, except where otherwise expressly indicated or indicated by the context of the Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Policy.
  4. Limitation of Liability: Zoop shall not be liable for any consequential, incidental, special, indirect, exemplary or punitive damages, or damages for any loss of profits, revenue or business, regardless of the nature of the claim, even if Zoop has been notified of the possibility of such damages.
  5. Governing Law and Jurisdiction: This Privacy Policy shall be governed by the laws of India as applicable between residents of India without regard to any principles of conflict of laws. Subject to the Terms of Use, any and all disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.