PRIVACY POLICY
This Privacy Policy agreement was last updated: 26 April 2023.
Berrylush Designs Private Limited ("Company") values your privacy. In this Privacy Policy ("Policy"), we describe the information that we collect about you when you visit the Company’s platform (“Berrylush”) and use the services available on https://berrylush.com, and how we use and disclose that information.
While you may be able to browse the platform (Website and App collectively referred to as “Platform”) from countries outside of India, however please note we do not offer any product/service under this Platform outside India. By visiting the platform or providing your information, you expressly agree to be bound by this Privacy Policy and agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If you do not agree please do not use or access our Platform.
If you have any questions or comments about the Privacy Policy, please contact us at support@berrylush.com This Policy is incorporated into and is subject to the berrylush Terms of Service, which can be accessed at https://www.berrylush.com/pages/terms-of-service. Your use of berrylush and any personal information you provide on berrylush remains subject to the terms of the Policy and berrylush Terms of Service.
1. WHAT INFORMATION DO WE COLLECT?
Berrylush.com collects, stores and processes personal data solely in accordance with the applicable statutory provisions and to the extent necessary to fulfill the contractual relationship between the provider and the user or to provide the requested services necessary and required. Data about products that the user has put into the shopping cart can be used by the Berrylush solely for their own marketing purposes. Moreover, address and order data is collected and processed for our own marketing purposes. Furthermore, according to the applicable law, anonymous user profiles may be used for internal market research purposes and to improve our range of products and services. Personal information means any information that the user of Berrylush.com provides to us and that may be used to identify an individual (first and last name, address, fixed and mobile phone number). We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification and distribution of your data by unauthorized persons. Despite regular controls a complete protection against all dangers is, however, not possible.
Information Automatically Collected
We automatically collect certain information when you visit, use, or navigate the platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and phone number, so that we can complete your transactions and contact you as needed.
2. HOW DO WE PROCESS YOUR INFORMATION?
We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
- To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
- To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
- To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below.
- To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
- To post testimonials. We post testimonials on our Services that may contain personal information.
- To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
- To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
- To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
We may share information in specific situations described in this section and/or with the following categories of third parties.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. The categories of third parties we may share personal information with are as follows:
Ad Networks
Affiliate Marketing Programs
Cloud Computing Services
Data Storage Service Providers
Finance & Accounting Tools
Order Fulfillment Service Providers
Payment Processors
Retargeting Platforms
Sales & Marketing Tools
Social Networks
User Account Registration & Authentication Services
Website Hosting Service Providers
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We and our third-party service providers, which include ad networks, use cookies, web beacons, and other tracking technologies to collect information about your use of berrylush, such as your browser type, your ISP or operating system, your domain name, your access time, the URL of the previous website you visited, your page views, your IP address, and the type of device that you use. We also track how frequently you visit berrylush. We use this information (including the information collected by our third-party service providers) for website analytics (including to determine which portions of berrylush are used most frequently, what our users like/do not like), to assist us in determining relevant advertising (both on and off our berrylush), to evaluate the success of our advertising campaigns, and as otherwise described in this policy. Currently, we do not honour browser requests not to be tracked.
Cookies: We and our third-party service providers collect information from you by using cookies. A cookie is a small file stored on user's computer hard drive containing information about the user. The cookie helps us analyse web traffic or informs you about your use of a particular website. Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit berrylush, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser.
Some of these cookies may be connected to third-party companies or websites. The terms of use of such cookies are governed by this Policy and the privacy policy of the relevant third-party company or website. For example, Google measures the performance of advertisements by placing cookies on your computer when you click on ads. If you visit berrylush when you have such cookies on your computer, we and Google will be able to tell that you saw the ad delivered by Google. The terms of use of these cookies are governed by this Policy and Google's Privacy Policy.
Disabling Cookies: You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of berrylush because it may not function properly if the ability to accept cookies is disabled.
5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
If you choose to register or log in to our platform using a social media account, we may have access to certain information about you.
Our platform offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address as well as other information you choose to make public on such a social media platform.
We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.
6. HOW LONG DO WE KEEP YOUR INFORMATION (Data Retention)?
We keep your personal information for as long as is necessary for the purpose for which it was collected or as required by applicable law. We may, however, keep data about you if we believe it is necessary to prevent fraud or future abuse, to allow Berrylush to exercise its legal rights and/or defend against legal claims, or if required by law or for other legitimate reasons. We may keep your data in anonymized form for analytical and research purposes in the future.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. The secure server software (SSL) encrypts all information You put in before it is sent to us. The Company may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. The Company is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.
Your Phone number and OTP are the key to your Account.. If you do share your Account or your personal information with others, you are solely responsible for all actions taken via your Account. If you lose control of your account, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf.
8. DO WE COLLECT INFORMATION FROM MINORS (Underage Policy)?
Use of our Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. We do not knowingly solicit or collect personal information from children under the age of 18 years. If you have shared any personal information of children under the age of 18 years, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.
9. WHAT ARE YOUR PRIVACY RIGHTS?
We understand that when you interact with Berrylush, you have rights over your Personal Information. These rights involve providing reasonable steps to allow you to access your Personal Information, correct any errors among others. In the event that you are not satisfied with our response or have unresolved concerns, you can get in touch with us to resolve the issue by means of support@berrylush.com.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Withdrawing your consent: You have the option to withdraw your previously provided consent by writing to us at the address listed below. Please include the phrase "for withdrawal of consent" in the subject line of your email. We will verify such requests before acting on them. Please keep in mind that consent withdrawal will not be retroactive and will be done in accordance with the terms of this Privacy Policy, related Terms of Service, and applicable laws. If you withdraw consent granted to us under this Privacy Policy, it may impair your access to the Website or limit our ability to provide you with services for which we deem that information necessary.
10. WHAT CHOICES DO I HAVE REGARDING USE OF MY PERSONAL INFORMATION?
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any services you have requested or received from us.
11. FRAUDULENT/DECLINED TRANSACTIONS
Our payment partner's (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
12. CONTROLS FOR DO-NOT-TRACK FEATURES
Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our sites are not currently set up to respond to those signals.
Need to Know:
- Berrylush DOES NOT solicit confidential details like your OTP/CVV/PIN/Card Number/ Bank account details through any means. Berrylush never call users/customers with offers, discounts on products and offering free gifts.
- Scamsters/fraudsters attempt various techniques such as ‘phishing’, to contact, influence and defraud consumers. Berrylush regularly cautions its customers against sharing any personal or payment sensitive information with unknown persons as such sharing leads to unauthorized use and/or fraud and consequent financial loss.
- Berrylush shall not be liable for any loss, damage, expense incurred by a customer where the customer has shared personal and/or payment sensitive information with scamsters/fraudsters.
- We also request and encourage our customers to report such attempts or incidents to our Grievance officer (or Customer care) to enable us to investigate and explore legal recourse.
- Berrylush relies on payment partners and banks. In certain cases involving payment/refund issues, we might see a delay as that is beyond our control once we pass the investigation to them however, we try our best not to exceed timelines stated in this policy
YOUR CONSENT
By using the Platform and/ or by providing your information, you agree and consent to us collecting, storing, processing, transferring, using and sharing of your personal information (including sensitive personal information as per applicable law) that you disclose on the Platform with third parties or service providers for the purposes set out and in accordance with this Privacy Policy.
NOTIFICATION OF CHANGES
This policy is current as of the effective date set forth above. the company may, in its sole and absolute discretion, change this policy from time to time by updating this document. the company will post its updated policy on berrylush on this page. the company encourages you to review this policy regularly for any changes. your continued use of berrylush and/or continued provision of personal information to us will be subject to the terms of the then-current policy.
CONTACT US
If you have a question, concern, or complaint about how your personal information is collected or used under this Privacy Policy, You may contact our Grievance Officer on the address mentioned below:
The Grievance Officer
Name: Anan Jyoti Jayraj Paul
Designation: CoFounder
Address: B-113, Sector 67, District Gautam Budh Nagar, Noida 201301, Uttar Pradesh, India
Email Id: support@berrylush.com
Phone: 011-41133886
Time: Mon to Fri (9am to 6pm)