THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW APEX SALON SERVICES INDIA PRIVATE LIMITEDUSES AND PROTECTS THE PERSONAL INFORMATION THAT USER PROVIDES TO USWHEN THE USER USES THE PLATFORM.THIS PRIVACY POLICY APPLIES ONLY TO PERSONAL INFORMATION COLLECTED ON THE PLATFORM. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE SERVICES OR ACCESS THE PLATFORM,USER AGREES TO THIS PRIVACY POLICY. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER MAY NOT USE OR AVAIL THE SERVICES OR ACCESS THE PLATFORM.
We, Apex Salon Services India Private Limited(“Apex”; “We”; “us”; “our”) have developed websitescalled “www.a-ssipl.com”,“www.mooi.app”and mobile applications called“Mooi”and “MooiProfessional”(“Platform”). The Platform facilitates companies and services providers (“Channel Partners”) from grooming, wellness and cosmetic industry topromote, market andlist their products and serviceson the Platform. The individual customers (“Customers”)who wish to avail Channel Partner’s services can through Mooi interact with the Channel Partners using the inbuilt chator calling feature and make online bookings(“Services”).Users shall include theCustomersand Channel Partnerswho create an account on the Platform by providing Personal Information toavailtheServices through the Platform and includes the visitors who browse through the Platform(“User”, “you”, “your”).
If you are using the Services or accessing the Platform on behalf of a third party, your company you represent that you have the authority to use and avail Services or access the Platform and to bind such third-party to the terms and conditions of this Privacy Policy and, in such an eventyour use of the Services or the Platform shall refer to use by such third party. If you do not have such an authority (to provide any Personal Information of a third party) or do not agree to the terms of this Privacy Policy, then you should refrain from using the Services. Additionally, you agree that you have obtained a prior written consent from such third-party before uploading their Personal Information on the Platform.
We are committed to protect the Personal Information (defined below) and have made this Privacy Policy to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information. We recommend the Users to read this Privacy Policy carefully so that Users understand our approach towards the use of their Personal Information.
This Privacy Policy is governed by and is compliant with the Information Technology(Reasonable Security Practices and Procedures and Sensitive Personal Data or Information)Rules 2011, which is designed to protect the Personal Information; and other applicable rules and regulations related to privacy.
This Privacy Policy applies to Personal Information collected and controlled by Apex, about the Users, when they register and usethe Platform. For the provision of the Services, User is required to register with the Platform by using the sign-up option available (“User Account”).During the registration process and for using the Services, User shall be required to share/upload certain Personal Information. For purposes of this Privacy Policy, “Personal Information” means and includes any information that can be used to personally identify the User including but not limited to first name, last name, e-mail id, telephone number, GPS location, physical address(residential/commercial), company name detail pertaining to skin and hair type, preferred brands,Channel Partners establishmentsdetails such as establishment’sinformation and list of branches, establishment’s owner and managers detailssuch as name and contact number,photographs of the establishmentsor video links,number of operators, bank details, credit or debit card details. As part of the Services, we may collect any photos, information submitted by you in form of testimonials, blogs, orinformation submitted by you voluntarily while participating in survey.
User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us whether of its own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with Apex, obtained a written consent from such third party,Apex shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.
We collect User’s Internet Protocol (“IP”) addresses when User visits the Platform to track and aggregate non-personal information. Non-personal information may include the browser name, your usage and log related information, the type of electronic device, manufacturer, make, model, unique ID of the electronic device and other technical information about User’s means of connection to our Platform, such as the operating system and the Internet service providers utilized and other similar information. For example, we may use IP addresses to monitor the regions from which User navigates our Platform. User understands that this information shall be non-personal information and could be used by Apex, for its own business purposes.
We shall use the Personal Information in the following cases: (i) to provide User with the Services and to assist the User in the event the User needs any additional support; (ii) for creation or development of business intelligence or data analytics in relation to the Services provided by Apex; (iii) to more effectively provide the Services to User; (iv) to improve the Services; (v) to maintain and manage User Account; (vi) to assist User with technical difficulties that may arise in relation to User’s use and access of the Platform; (vii) to manage our relationship with User; (viii) for internal record keeping; and (ix) to comply with our legal or statutory obligations.
You agree that we may also use the Personal Information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted advertisements, service offerings and communications relevant to your use of the Platform. By accepting this Privacy Policy, you expressly agree to receive this information.
We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to, conduct research, analytical purposes, and to improve our Services. By using the Privacy Policy, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.
In course of providing Services to you or access to the Platform we may share your personal Information to certain parties (for consideration or otherwise). Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:
Administrator sWe may provide access to User’s Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.
Affiliates We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to User’s requests for information or the Services.
• Business Partners We may disclose your Personal Information to our business partners including but not limited to Channel Partners, and other partners to provide you information about their services,who shall be under confidentiality obligations towards the same.
• Service Providers: We may share User’s Personal Information to the service providers, who are working with us in connection with the operation of the Services or the Platform, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy.
• Joint Marketing Arrangements: Where permitted by law, we may share User’s Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of User’s Personal Information, require them to safeguard User’s Personal Information, and prohibit them from making unauthorized or unlawful use of User’s Personal Information.
• Merger or Acquisition: We may transfer User’s Personal Information if we are acquired by/we acquire or merge with another company or transfer a part of our business, including the Platform, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information.
• Legal and Regulatory Authorities: We may be required to disclose User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose User’s Personal Information to (a) law enforcement officers or others; (b) to comply with a judicial proceeding, court order, or legal process served on us or the Platform ; (c) to enforce or apply this Privacy Policy or our other policies or agreements; (d) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (e) respond to claims that any Personal Information violates the rights of third-parties; (f) or protect the rights, property, or personal safety of Apex, or the general public. User agrees and acknowledge that we may not inform User prior to or after disclosures made according to this section.
Notwithstanding anything mentioned hereinabove, Apex shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall Apex be responsible and/or liable for any additional information User may choose to provide directly to any third party.
The Platform may from time to time contain hyperlinks to other websites or applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Platform to another website or Platform does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which they provide. Apex is not a party to any transaction between you and such website. Your use of such website is subject to the terms and conditions of that website, without any reference to this Platform.
We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will try to delete User’s Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers and backed-up versions might exist even after deletion.
User’s Personal Information is stored the on third party cloud servers.Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liability or responsibility for it. Users are required to be careful to avoid “phishing” scams, where someone may send User an e-mail that looks like it is from Apex asking for User’s Personal Information. Apex shall not be liable for any data hacked, destroyed or lost.
User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.
In case User needs to access, review, and/or make changes to the Personal Information, User may do so on User Account. User shall keep User’s Personal Information updated to help us improve our Services. If User updates, modifies or corrects his Personal Information, we may continue to keep copies of the Personal Information prior to such update, modification or correction for uses provided for in this Privacy Policy. We shall not verify any such modifications or corrections made by the User. User shall be solely liable for such modifications or corrections.
User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information and contents that User submits or shares through the Platform; (ii) User’s violation of this Privacy Policy, (iii) or User’s violation of rights of another User.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT APEX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
All rights not expressly granted in this Privacy Policy are reserved by Apex and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Apex or any other person or to User.
This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between the User and Apex shall be submitted to arbitration to be conducted in Pune,India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by Apex and the award made in pursuance thereof shall be binding on the User and Apex. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Pune,Maharashtra, India shall have an exclusive jurisdiction over such disputes.
We may update this Privacy Policy without notice to User. Users are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it.
This Privacy Policy was last modified on 31-Aug-2020
If User has any question, concern or grievance regarding this Privacy Policy, User can email us at our grievance email-address support@mooi.app