Privacy Policy

1.1 Softworld (India) Private Limited ( “We”, “Our”, “Us”) recognizes that your privacy is important to you and that you have a right to keep your Personal Information (as defined below) confidential. Accordingly, We have developed this Privacy Policy in order for You to understand how We collect, use, communicate, disclose and otherwise make use of Personal Information on the website (“Website”), to the extent applicable (“Privacy Policy”).

1.2 This Privacy Policy explains how We protect the Personal Information provided through Our Website to the best of Our ability and how We may use the Personal Information in connection with the Services offered through the Website. The detail in relation to the use of Personal Information and the Terms and Conditions for the use of the Website is available here: Terms and Conditions (“Terms and Conditions”). Please read this Privacy Policy and the Terms and Conditions in detail before registering on the Website. All capitalized terms not defined under this Privacy Policy shall have the meaning ascribed to such term under the Terms and Conditions.

In the event the Website is being used by a person on your behalf, the expression “Users” or “You” or “Your” shall apply to such person as well. If You do not accept and agree to be bound by all of the terms of this Privacy Policy, please do not use the Website.

2.1 By sharing any Personal Information or registering for, accessing, using, and/or downloading any content on this Website, You consent to the collection, storage, processing, disclosure and use of Your Personal Information as outlined in this Privacy Policy and You confirm that such use of Your Personal Information in accordance with the provisions of this Privacy Policy shall not cause any wrongful loss to You.

2.2 You acknowledge that You are providing Your Personal Information out of Your free will. You hereby acknowledge and agree that the collection and receipt of Your Personal Information by Us is necessary to provide the Services to You.

2.3 In the event You do not provide Your Personal Information as may be required for registration or thereafter, or fail to provide such permissions as set out in Clause 5 of this Privacy Policy, We shall not have any obligations to provide the Services agreed to be provided under the Terms and Conditions and We may restrict or prohibit Your use of the Website.

“Personal Information” for purposes of this Privacy Policy means information that identifies You, such as Your name, phone number, email address, postal address, contact preferences or such other information, as listed in Clause [insert] of the Terms and Conditions, that We may ask from You in relation to the Purpose (as defined below). The term "Account" as referred to in this Privacy Policy shall mean and include the Account held by the User with Us (administered by a password) for using the services as provided by Us. By providing Your number and/ or e-mail address, You are authorizing Us and Our representatives to connect with You and to offer You Our Services for the following purposes, (“Purpose”):

• To operate Your account on the Website;
• To provide the Services effectively;
• To perform studies, research and analysis for improving Our Services;
• To ensure that the content and advertising displayed are customized to Your requirements from the Website;
• To contact You via phone, SMS, email or third-party communication services such as Whatsapp, etc. for appointments, technical issues, payment reminders, or the Website-usage related announcements and other security announcements;
• To transfer Personal Information if We are acquired by any other entity;
• To provide all Personal Information relevant and required for the Our Website to view Your profile;
• To respond to legal notices, court orders or any other legal process or to establish or exercise Our legal rights to defend against legal claims;
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of Our Terms and Conditions, breach of Our agreement with you or as otherwise required by law;
• For any other purpose which We may deem fit in respect of the Services, subject to applicable law for the time being in force.

Your Personal Information will be kept confidential to the maximum possible extent and used to support Your relationship with Us, to notify You of the status of the orders You have placed, the time required in order to process Your order, to clarify any discrepancies which may arise on Your placing of an order, and other related functions provided by Us.

This Privacy Policy enumerates the Personal Information obtained from You and how the same may be processed by Us.

We follow the accepted industry standards and in compliance with the applicable laws, to protect Your Personal Information submitted to Us, both during transmission and after We receive it. However, please note, neither the method of transmission over the internet, nor the method of electronic storage, is 100% (hundred percent) secure. Therefore, We do not provide any guarantee nor are responsible for its absolute security.

We will collect Your Personal Information by lawful and fair means and, where appropriate, with Your knowledge and / or consent.

Before or at the time of collecting Your Personal Information, We will identify the purposes for which Your Personal Information is being collected.

We will collect, use and disclose your Personal Information solely for fulfilling the Purpose and for other actions ancillary to the Purposes, unless We obtain the consent of the individual concerned or as may be required by law for any other purpose.

The Personal Information should be relevant to the Purpose for which it is to be used, and, to the extent necessary for those Purpose, should be accurate, complete, and up-to-date.

We will use reasonable security safeguards to protect Your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

4.7 We may use or disclose Your Personal Information to:

• Administer and operate this Website;
• To administer product related downloads
• Personalize and improve your experience on this Website;
• Enable Your access to and use of the Website and any of its Services;
• Send You relevant promotional or marketing communications.
• Third parties in the manner as prescribed in this Privacy Policy.

We will retain Your Personal Information for as long as necessary for the fulfilment of the Purpose or in connection thereto.

We may be allowed to retain the Personal Information for a longer period whenever You/User has given the consent to such processioning, as long as such consent is not withdrawn. Furthermore, We may be obliged to retain Personal Information for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

We will store all the Personal Information You provide on Our secure servers in India or secure servers of its third-party affiliates. The Personal Information collected from You is used for product development and research and is further shared with authorized vendors and vendors or channel partners and Our other affiliates. However, You hereby consent to the temporary transfer of the Personal Information or part thereof, anonymously marked, to other countries to assess the security measures and run data analysis of such Personal Information. No such Personal Information shall be stored outside of India.

We will make best efforts to take all such reasonable technical and organizational precautions to prevent unauthorized access, loss, misuse or modification of Your Personal Information.

In the event that We go through any kind of business transition, including without limitation a merger, acquisition by another company, or sale of all or a portion of its assets, Personal Information collected on this Website may be among the assets transferred and You give Your express consent for access to Your Personal Information by such other entity or company.

You acknowledge that the We may be obligated by law to disclose or transfer Your Personal Information to courts and governmental agencies in certain instances such as for verification of identity, or for prevention, detection, investigation, prosecution, and punishment for offences, or in compliance with laws. You hereby consent to disclosure or transfer of Your Personal Information in such instances, and We shall have no obligation to inform You of such disclosure.

Notwithstanding anything elsewhere set out in the Privacy Policy, it is clarified that any use or disclosure of Personal Information submitted on the Website shall not be in any manner contrary to applicable laws, as may be amended from time to time.

Upon downloading or accessing the Website, You may be asked to provide the following permissions, and any failure to provide these permissions may lead to a limit on Your access of the Website and the Services provided herein:

To read, write, delete or modify data in relation to the Website on the device through which the Website is accessed;

To determine Your location from external sources such as mobile towers, GPS and connect wi-fi networks based on usage;

To view or access information relating to the networks including permission to send and receive information through such networks;

To access the device’s camera, photo gallery and video gallery;

To use the device’s internet in the background while the Website is not in use, as We may require, including to send push notifications;

To view or access the information of the device used to access and operate the Website;

To access other information in relation to the device on which the Website is used or accessed to send push notifications.

"Cookies" are small pieces of information placed by a website onto your computer's hard drive. Cookies do not collect any sensitive personal information from you.

You may also set Your browser to block all cookies (including but not limited to session ID cookies, persistent cookies, cookies associated with Our Services), or to indicate when a cookie is being set by Us.

In the event Your cookies are enabled, We may place cookies on Your machine that store small amounts of data on Your device about Your use of the Website. Cookies can identify the pages that are being viewed and this can assist us in tracking which of Our features appeal the most to You and what content You may have viewed on past usages.

These technologies are used in analyzing trends, administering the site, tracking users’ movements around the Website and to gather demographic information about Our user base as a whole. Third-party vendors may use cookies to serve ads based on Your use of the Website. You may use the Website of the third party and choose to opt-out of the use of cookies for interest-based advertising if the third party offers such an option.

We use cookies on this Website in order to personalize Our Services for You. You can control the use of cookies at the individual browser level. You may refuse to accept cookies by activating the setting on Your browser which allows You to refuse the setting of cookies. Unless You have adjusted Your browser setting to refuse cookies, Our system will issue cookies when You log on to the Website.

Please be aware that by declining cookies you may be unable to use our website to its fullest capability

This Website may contain links to other websites that may collect personally identifiable information about You. If you submit Your Personal Information or any other information to any of those sites, Your information is governed by their privacy policies. We encourage You to carefully read the terms and conditions and the privacy policy of any website You visit. We shall not be responsible for the privacy practices or the content of those linked websites.

We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time for any reason at its absolute and sole discretion. You can access the latest version of this Privacy Policy at any given time on this Website and it shall be Your responsibility to stay updated on any changes to this Privacy Policy. Once posted, those changes are effective immediately, unless stated otherwise. Your visit on the Website is deemed to be Your acceptance for the Terms and Conditions and practices described in Privacy Policy and in case You disapprove the Terms and Conditions then you should immediately cease to use the Website.

The terms of this Privacy Policy shall be read with and as an integral part of the Terms and Conditions

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In case of any grievance / any changes You may need to make to Your Personal Information you may contact Us on customer service at support@swindia.com or call our customer care number at 91-141-2577600/601, +91 98295 77601

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this Privacy Policy will be resolved through a two-step Alternate Dispute Resolution mechanism

Mediation: In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both User and Us (“Parties”). Both Parties may raise a name for sole arbitrator and in case both Parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the Parties are not able to reach a consensus within two proposed mediators, We reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both Parties, however the Parties in good faith will attempt to bind by the decision.

Arbitration: In case that mediation does not yield a result suitable or preferred by any one of the Parties, arbitration may follow, the award of which is binding on both Parties. The Arbitration Board shall comprise three members – one appointed by each Party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Rajkot, Gujarat, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Jaipur.

The Arbitration Proceedings shall be governed by the laws of India i.e. Arbitration and Conciliation Act, 1996.