Introduction

The domain names www.enorma-esperernutrition.com (“Website”) are owned by Esperer Onco Nutrition Private Limited (EON), a company incorporated under the Companies Act, 2013, and having its registered office at 4BA, 4th Floor, B Wing, Gundecha Onclave, Khairani Road, Sakinaka, Andheri East, Mumbai, Maharashtra Pin Code – 400072 (“EON”). The Website is an online portal run by EON. EON places its highest value on your trust and put top priority on protecting your Personal Information and this privacy policy (“Policy”) explains how EON will collect, use, share and process Personal Information in relation to the services provided on the Website.
This Policy is being framed in view of the Information Technology Act, 2000 read with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
By accepting this Policy, you understand and agree to the collection, use, sharing and processing of Personal Information as described herein. If you provide EON with Personal Information about someone else, you confirm that they are aware that you have provided their information and that they consent to EON’s use of their information according to this Policy. This Policy applies to all the current and former visitors, users and others who access this Website.

Scope

  • This Policy is an electronic record in the form of an electronic contract formed under the applicable law. This Policy does not require any physical, electronic or digital signature.
  • By accessing or using the Website or otherwise giving us your information, you undertake that you have the capacity to enter into a legally binding contract vide this Policy, which constitutes a legally binding document between you and EON under the applicable law, in particular, the Indian Contract Act, 1872. EON will collect and process your personal and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations. This Policy seeks to ensure that any personal information or third-party information handled by EON is managed in a way that is ethical, compliant and adheres to best industry practices.
  • Please read the terms and conditions of this Policy carefully, before accessing or using this Website. By accessing or using the Website including its services, you agree to the terms of this Policy. If you are accepting this Policy on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind such person, company or legal entity to these terms.
  • This Policy describes the types of information EON collects, why and how EON uses the information, with whom EON shares it, and the choices you can make about EON’s use of the information. EON also describes the measures EON takes to protect the security of the information and how you can contact EON about its privacy practices.
  • This Policy describes EON’s current data protection policies and practices and may be amended/updated from time to time. Any changes to this Policy will become effective upon posting of the revised Policy on the Website. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.

Consent

  • By mere use of the Website, you expressly consent to EON’s use and disclosure of your Personal Information, including SPDI and third-party information in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use this Website. This Policy shall be deemed to be incorporated into the terms of use of the Website and shall be read in addition to the terms of use.
  • In order to avail any services on the Website, you may be using third-party information. You hereby explicitly agree that you have obtained explicit written authorization and consent by way of affixing the signature, digital or physical, from all such subjects/individuals whose information you verify/provide data against in the format required by the applicable laws in force, from time to time and store the same in its custody basis such laws. You hereby represent and warrant that EON shall not be held responsible, liable or accountable in any manner or to any extent whatsoever, for your failure to perform obligations under this Clause.

Terms of Use

1. Types of Information
  • Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
  • Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, physical temporary and personal address, telephone number, date of birth, age, gender, e-mail address or any other contact information, and any health information including hormonal health conditions, financial information including bank account details, credit/debit card details or such other payment information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to: passwords, financial information (bank accounts, credit and debit cards or other payment instruments), physical information. EON limits the collection of Personal Information to that which is necessary for its intended purpose.
  • Non-Personal Information: Non-personal information means information that does not specifically identify an individual or business, but includes information from you, such as your browser type, the URL of the previous websites you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. EON may gather any non-personal information regarding how many people visit this Website, the pages they visit, their IP address, and the type of browser they used while visiting the Website (hereinafter referred to as “Non-Personal Information”). EON may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by EON.
  • Personal Information, SPDI, Non-Personal Information and any third-party information hereinafter shall be referred to as “Information”.
2. Collection of Information
  • EON may collect information from you when you (i) register on the Website; (ii) update or change personal details in your account; (iii) use the Website for any of the services being offered thereon; (iv) fill out the questionnaire called ‘Period Test’ on the Website; (v) participate in campaigns conducted by EON on the Website (if any); and (v) download or update software.
  • You hereby acknowledge and agree that all Information is provided by you to EON voluntarily.
  • EON may use cookies to monitor the Website usage including, without limitation, to provide useful features to simplify your experience when you return to the Website, like remembering your login id, Personal Information and third-party information and to deliver relevant content based on your preferences, usage patterns and location.
  • EON may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the Website like your browser type, your Internet Protocol (IP) address, your Operating System, your prior search results etc., which may or may not be publicly accessible.
  • Information collected by EON from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
  • You may use the Website without providing EON any Personal Information about yourself. However, you may not be able to access certain services of the Websites in case you choose to do so.
3. Use of Information
  • EON may use the Information you provide to fulfil your requests for the products and services offered on the Website, to respond to your inquiries about our offerings, and to offer you other products or services that EON believes may be of interest to you.
  • EON uses the Information about others to enable it to procure information about them. From time to time, EON may also use this Information to offer its products, programs, or services to them.
  • EON may use the Information to monitor your use of the services and may review and analyse the Information provided by you to provide you with customized service.
  • EON may use your Non-Personal Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services and identifying usage trends.
  • Subject to and in accordance with applicable laws, EON has the right to use your Information for the purpose of conducting promotional/marketing related activities on the Website, including but not limited to, using your Personal Information for making posters/banners to promote the services of EON.
4. Information Sharing
  • EON maintains your Information in electronic form on its devices and on the equipment of EON’s employees. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis.
  • EON does not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent, to provide services you have requested for or under the following circumstances:

a. EON may engage third party vendors and/or contractors to perform certain support services, who may have limited access to Information.

b. In order to process your transactions, EON may direct you to a payment gateway service provider of its own choice, which may have access to the Personal Information provided by you while making such payment.

c. EON may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency’s request.

Third Party Service Providers
EON may engage third party vendors and/or contractors to perform certain support services for EON, including, without limitation, fulfilment of your orders, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by EON to provide its services efficiently. These third parties may have limited access to Information. If they do, this limited access is provided so that they may perform these tasks for EON and they are not authorized by EON to otherwise use or disclose Information, except to the extent required by law. EON does not make any representations concerning the privacy practices or policies or terms of use of such websites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by EON of the website, the website’s provider, or the information on such website.
Disclosure to Acquirers
EON may disclose and/or transfer Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of EON.
Control Over Your Personal Information
  • You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to EON in writing through an email at info@enorma-esperernutrition.com requesting the same. If you at any time wish to rectify your Personal Information, you may write to EON email at info@enorma-esperernutrition.com.
  • Once you withdraw your consent to share the Personal Information collected by EON, EON shall have the option not to fulfil the purposes for which the said Personal Information was sought and EON may restrict you from using the services on the Website and/or the Website itself.
  • If you wish to delete your account, and thereby discontinue using the services provided by EON on the Website, you may do so at any time, in accordance with EON’s Terms of Use.
Rectification/Correction of Personal Information
  • You shall have the right to review your Personal Information and/or SPDI (as the case may be) submitted by you on the Website and to modify or delete any Personal Information and/or SPDI (as the case may be), provided by you directly on the Website. You hereby understand that any such modification or deletion may affect your ability to use the Website. Further, it may affect EON’s ability to provide its services to you.
  • EON reserves the right to verify and authenticate your identity and your account Information and/or payment Information in order to ensure accurate delivery of services. Access to or correction, updating or deletion of your Personal Information and/or SPDI (as the case may be) may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
  • If you need to update or correct your Personal Information that EON may have collected to offer you personalized services and offers, you may send updates and corrections to EON at info@enorma-esperernutrition.com citing the reason for such rectification of Personal Information. EON will take all reasonable efforts to incorporate the changes within a reasonable period of time.
Term of Storage of Personal Information
  • EON shall store your Personal Information at least for a period of 3 (Three) years from the last date of use of the services or Website or for such period as may be required by law. These periods vary depending on the nature of the information and your interactions with EON.
  • You agree that you will not submit any false information or any illegal or damaging content to the Website. EON reserves the right to terminate access to or the ability to interact with the Website in response to any concerns EON may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
Cookies
  • To enhance your experience with the Website, many of the web pages use “cookies” and pixel tags and clear gifts on certain pages of the Website. Cookies are text files EON places in your computer’s browser to store your preferences. Cookies, by themselves, do not tell EON your e-mail address or other personally identifiable information unless you choose to provide this information to EON by, for example, registering on the Website. They are designed to hold a marginal amount of data specific to a particular user and website and can be accessed either by the web server or the user device. However, once you choose to furnish the Website with personally identifiable information, this information may be linked to the data stored in the cookie. EON uses cookies to understand site usage and to improve the content and offerings on the Website. For example, EON may use cookies to personalize your experience on the Website (e.g., to recognize you by name when you return to the Website), save your password in password-protected areas, and enable you to use shopping carts on the Website. EON may also use cookies to offer you products, programs, or services. Cookies may be placed on the Website by third-parties as well, the use of which EON does not control.
  • Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. In your browser permits, you may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Website and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.
Protection of Information
  • EON has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. EON takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  • EON considers the confidentiality and security of your information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and EON will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while EON strives to protect Information and privacy, EON cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. EON will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. Non-Personal Information will be retained indefinitely.
  • Access to your online account on the Website is via. your email/username which is password protected and this helps to secure your account information. You are solely responsible for maintaining the security and confidentiality of your account, including passwords and the login credentials. To ensure safety of your Personal Information, you are advised against sharing your username and password with anyone. If you suspect any unauthorized use of your account, you must immediately notify EON by sending an email to info@enorma-esperernutrition.com. You shall be liable to indemnify EON for any loss suffered by EON due to such unauthorized use of your account.
  • For any loss or theft of Information, due to unauthorized access to your device through which you use the Website or other reasons solely attributable to you, EON shall not be held liable or responsible under any circumstance whatsoever. Further, EON shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond EON’s reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.
Minor
EON does not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. EON does not intentionally or knowingly collect Personal Information through the Website from anyone under that age. EON encourages parents and guardians to be involved in the online activities of minor to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to consent on behalf of such person to EON’s use of such person’s Personal Information as described in this Policy.
Limitation of Liability
  • EON is not responsible for any breach of security or for any actions or inactions of any third parties that receive your Personal Information.
  • Notwithstanding anything contained in this Policy or elsewhere, EON shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of EON and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of EON and which EON is not able to overcome.
Opt-Out
You have the option to ‘opt-out’ of all EON’s newsletters and other general email marketing communications by way of links provided at the bottom of each mailer. EON respects your privacy and in the event that you choose to not receive such mailers, it shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications.
Links to Third Party Websites
The Website may contain links and interactive functionality interacting with the websites of third parties. EON is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, EON strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
Changes to this Policy
EON reserves the right to update, change or modify this Policy at any time. The Policy shall come to effect from the date of such update, change or modification.
Applicability of the Terms of Use
This Policy shall be supplementary to the Terms of Use. Words and expressions used in this Policy but not defined herein shall have the meanings ascribed to them in the Terms of Use. To the extent any provision of this Policy does not conflict with the Terms of Use, the Terms of Use shall apply to this Policy. In the event of any conflict between this Policy and the Terms of Use, the interpretation placed by EON shall be final and binding on you.
Grievance Redressal Mechanism
If you wish to make a complaint regarding any violation of the provisions of this Policy, you may send a written complaint to info@enorma-esperernutrition.com, we shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
How to Contact Us
If you have questions or concerns about this Policy, please contact EON at info@enorma-esperernutrition.com.
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