This Service Terms document is an electronic record in accordance with Information Technology Act, 2000 and rules as applicable and the amendments pertaining to electronic records in various statutes under the said Act. This document is published to comply with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of mistymizzle.in website. This is an electronic document and does not require any physical or digital signatures.
Misty Mizzle, a sole proprietorship concern (referred to herein as ‘Misty Mizzle, “mistymizzle.in“, “we“, “our” or “us“) operates the online e-commerce portal mistymizzle.in (and/or any successor site) and its related sub-domains, sites, Services, and tools (“Website”). The Website is provided as a service to users and is intended to allow users and other users to browse and order products and other goods or services (“Products”) offered for sale on the Website (“Services”). Misty Mizzle reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING MISTY MIZZLE WEBSITE, MISTY MIZZLE ACKNOWLEDGE THAT USER HAVE READ, UNDERSTAND, AND AGREES TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND MISTY MIZZLE WEBSITE TERMS OF USE. IF USER DOES NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.
1. INFORMATION COLLECTED
The Information Misty Mizzle collects about the user may be broadly described in the following categories:
- Personal Information: User name, address, phone number, email address, password, billing and debit card/credit card information, order history, feedback, IP address and location, digital device name, type and configuration, details relating to user’s download of Publications via the Service (including details relating to the time of the download, any interruptions, and the success or failure of the downloads), the URL from which user accessed the Website, Demographic Information, and other such ‘Personal Information’.
- General Information: Misty Mizzle may also receive more general information from the user as a result of the user’s visits to, and use of, the Website. This general information does not identify the user personally, and can include information such as the user’s IP address, the length of time the user spends on the Website, the user’s browsing history, and other such ‘General Information’. This general information may also include history relating to the transactions made by users on the Website.
Personal Information and General Information shall collectively and individually be referred to as “Information”.
All the above information is collected for:
- Better servicing and account maintenance;
- To seek user’s feedback or to contact the user in relation to those services offered;
- Making the offerings more relevant to the user and user’s desires ensuring no spam mails go through;
- Keeping track of the transactions, to help in case of any dispute situations; dealing with inquiries, requests, or complaints and other customer care related activities; and all other general administrative and business purposes; marketing products and services; carrying out any activity in connection with a legal, governmental or regulatory requirement or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
- To effectively administer and fulfill obligations under any agreement Misty Mizzle may have with the user;
To collect the Information Misty Mizzle shall use channels such as physical forms, call centers, websites (including cookies), emails, promotional offers, surveys, and mailers. Participation in some of these channels is optional but users may be required to provide user information in order to participate. Misty Mizzle is not liable to verify the authenticity or accuracy of any Information Misty Mizzle collects from the user.
From time to time Misty Mizzle may ask the user to update the user’s contact & Information on Misty Mizzle’s authorized website, contact center, or through any other approved channels. This is to help keep users updated on services, any changes in the services, and their enhancements. Misty Mizzle will not be liable for any failure or default to notify the user of any service, any change in service, or its enhancement if the user fails to update such information in a timely manner.
2. ACCESS TO INFORMATION
Misty Mizzle collects user’s Personal Information to enable us, amongst other things, to provide the Website and Misty Mizzle Services to users. Misty Mizzle takes all steps reasonably necessary to protect against the unauthorized access, use, alteration, disclosure, or destruction of Personal Information.
3. INFORMATION STORAGE & SHARING
Any Information that Misty Mizzle collects and stores that is personally identifiable is protected using appropriate means, and although Misty Mizzle does so, it will not be held responsible for any unauthorized access by third parties.
All Information shall be stored by Misty Mizzle or one or more of Misty Mizzle vendors, who will be bound by a non-disclosure agreement with Misty Mizzle. Misty Mizzle reserves the right to hold the user’s Information indefinitely.
User agrees that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
Misty Mizzle will share user’s Information with third parties only in the ways that are described in this Privacy Policy. Misty Mizzle may disclose the information collected and received under this Privacy Policy:
- With one or more of Misty Mizzle corporate entities and affiliates globally to help detect and prevent identity theft, fraud, and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of Misty Mizzle’ services, and to facilitate joint or co-branded services as part of service offered to the user through Website.
- As required by law, such as to comply with a subpoena, or similar legal process, etc.;
- When Misty Mizzle believes in good faith that disclosure is necessary to protect Misty Mizzle’ rights and interests, protect user’s safety or the safety of others, investigate fraud, or respond to a government request and the like;
- With Misty Mizzle’ trusted services providers who work on Misty Mizzle’ behalf, do not have an independent use of the Information Misty Mizzle disclose to them, and have agreed to adhere to the rules set forth in this Privacy Policy.
- If any of the entities or affiliates globally or group company is involved in a merger, acquisition, or sale of all or a portion of its assets, the business entity that consequently acquires such Information will receive and store the same as per this Privacy Policy.
Misty Mizzle may also share user’s Information with third parties under a confidentiality agreement which inter alia provides that such third parties not disclosing the Information further unless such disclosure is for the purpose. However, Misty Mizzle is not responsible for any breach of security or for any actions of any third parties that receive the user’s Personal Information. Misty Mizzle is not liable for any loss or injury caused to the user as a result of a user providing the user’s Personal Information to a third party (including any third-party websites, even if links to such third-party websites are provided on the Website).
Users may receive promotional offers, campaign details, Company news, updates, related product or service Information, etc by email among other means. If the user has opted to receive promotional offers there will be unsubscribe options with all such categories of offers and the user may choose to unsubscribe from such offers at any time by following the instructions included at the bottom of each email, or by contacting via Misty Mizzle Website.
Selectively, users may also receive various offers via the user’s mobile number or postal mail. Misty Mizzle also contacts users via email for administrative purposes, such as change notifications or if Misty Mizzle updates Privacy Policy. While the user can elect to stop receiving email for promotional offers (as described above), the user cannot unsubscribe from these administrative messages while enrolled on the Website.
Misty Mizzle’s customer care department may also contact the user in response to an inquiry user submits. Customer care may also contact the user with regard to a particular problem that may have occurred with the user’s account or with an offer in which the user may have participated. Misty Mizzle may use this information to learn more about user’s participation in the Website and make it more relevant to user’s interests.
4. INFORMATION ACCESS BY MEMBER
Misty Mizzle respects user’s privacy and is committed to ensuring the confidentiality of user’s information with us. Misty Mizzle may contact users with useful information on products and services through Misty Mizzle telemarketing / telecalling activities, which may be beneficial for users. However, if the user does not wish to be contacted through Misty Mizzle telemarketing calls or messages, Misty Mizzle requests the user to kindly register at Misty Mizzle’s contact center and give details of the telephone on which the user does not wish to be contacted. However, Misty Mizzle reserves the right to contact the user through telecalling for Services related to the user’s account. Further, Misty Mizzle is committed to follow the laws laid out with regards to telecalling and telemarketing and, follow the guidelines set by any regulatory authority like TRAI in cases of DND policy or any such similar rules which may be in force.
Once the user has registered for any such DND policy, the user’s telephone number(s) will be removed from all Misty Mizzle telemarketing calling lists within 30 (thirty) working days. Misty Mizzle will ensure that the user does not get any further telemarketing calls on the telephone number(s) that the user has registered.
5. LINKS TO OTHER SITES
The Website or any activities made on the Website or relating to the Service may contain features that link to other websites that may collect information about users. Misty Mizzle is not responsible for the privacy practices or the content of those linked websites. In addition, such other websites may contain certain product and service offerings that are carried out independently by such third party websites. Misty Mizzle is neither responsible for the working of such third party websites nor do we warrant or nor do we make any assurances of the existence, adequacy, or functioning of security practices of any such third party websites.
6. COOKIES
Misty Mizzle may use cookies or other technologies on the Website. Cookies are small files or records that Misty Mizzle may place on the user’s web browser for collecting information about the user’s activities on the Website, preparing reports, assessing trends, and otherwise monitoring the way in which the Website is being used. This is intended to enhance convenience for users, and to assist us to run an efficient operation. By accepting these Terms, the user confirms the user’s consent to Misty Mizzle’s use of cookies, and other such technologies, for these purposes.
7. TREATMENT OF PERSONAL INFORMATION
Misty Mizzle maintains physical, electronic, and procedural safeguards to protect the Information. Specific employees only are authorized to access the Information on a need to know basis for business purposes only.
To keep user’s Personal Information safe, Misty Mizzle ensures that sensitive and private data exchanges between the user and Misty Mizzle happens over a Secure Sockets Layer (SSL)-secured communication channel, and are encrypted and protected with digital signatures. SSL-secured communication channels are specially designed to protect personal and sensitive information (payment details), which is sent over the internet and adapted it with some good points found across the other major e-commerce players in India. The security of user’s Personal Information is important to Misty Mizzle. Misty Mizzle strives to ensure the security of user’s Personal Information and to protect user’s Personal Information against unauthorized access or unauthorized alteration, disclosure, or destruction. For this purpose, Misty Mizzle adopts internal reviews of the data collection, storage, and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Misty Mizzle stores user’s Personal Information. To keep user’s Personal Information safe, Misty Mizzle ensures that sensitive and private data exchanges between the user and Misty Mizzle happens over a Secure Sockets Layer (SSL)-secured communication channel, and are encrypted and protected with digital signatures. SSL-secured communication channels are specially designed to protect personal and sensitive information (payment details), which is sent over the internet. Provided that user’s right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and user hereby waive and release all Misty Mizzle entities from any claim of damages under contract or under tort.
If the user chooses a payment gateway to complete any transaction on the Website then the user’s debit/credit card data (last 4 digits of card details) may be stored in compliance with industry standards.
User may review or update the Personal Information that Misty Mizzle holds in respect of the user’s account by contacting Misty Mizzle at [email protected]
8. TREATMENT OF GENERAL INFORMATION
Misty Mizzle also collects user’s General Information to allow us, amongst other things, to better understand Misty Mizzle users and improve the layout and functionality of the Website. Misty Mizzle may use and disclose anonymous information, including aggregate anonymous information derived from user’s Personal Information, to inform publishers, partners, trusted affiliates, advertisers, and other interested parties as to the usage habits or characteristics of Misty Mizzle’ customer base, and to serve any other business purposes.
9. CHANGE IN THE PRIVACY POLICY & USER’S CONSENT
Changes in law or changes in Misty Mizzle’s business may require changes to be made to the terms of this Privacy Policy from time to time so Misty Mizzle encourages users to review this Privacy Policy periodically for any such changes. As Misty Mizzle’s privacy policy is subject to change at any time without notice, it is the user’s responsibility to carefully read, agree with the Privacy Policy on each occasion user uses the Website. By using or browsing the Website, the user agrees to be bound by the terms and conditions of this Privacy Policy (as amended and in force from time to time) and the user expressly consents to Misty Mizzle use and disclosure of the user’s information including Personal Information and other information in accordance with this Privacy Policy (as amended from time to time). If the user does not agree to the terms of this Privacy Policy, please do not use or browse the Website or any Services thereof.
10. OPT OUT RIGHTS
In the event, the user does not wish that the user’s information be used for the purposes mentioned therein or the user wishes to withdraw consent for use of user’s Information please e-mail us at [email protected] or call us on the number available on the contact us page. In such events, Misty Mizzle may not be in a position to provide users any benefits or Services. Also, in case the user chooses to not share the user’s name and/or mobile number, the user’s registration from the Website will be terminated.
11. ANTI-SPAM POLICY
Since email is an integral part of the Service is rendered, the user’s sharing of email contact with Misty Mizzle allows sharing the offers and promotions relating to the Service or Website via email with the user. If the user later decides not to receive any offers and or promotions relating to the Service or Website, the user may unsubscribe by communicating to Misty Mizzle. Please note that opting not to receive email does not exempt users from receiving administrative emails that include but are not limited to, notices about membership status changes or alterations to Misty Mizzle’s terms of Service or this Privacy Policy any other service requests.
12. DATA ACCURACY, VERIFICATION, AND SUPPLEMENTATION
It is in the user’s interest and it is Misty Mizzle’s objective, for Misty Mizzle to have accurate, current, and complete information concerning the user and user’s account. Misty Mizzle has strict procedures that employees abide by to meet this objective. While some procedures are required by central, state, or RBI regulations, Misty Mizzle has implemented additional procedures to maintain accurate, correct, and complete financial information, including processes to update information and remove outdated information. If the user believes that Misty Mizzle has incorrect Information about the user or user’s accounts, please intimate Misty Mizzle. Misty Mizzle will correct any erroneous information as soon as possible.
Data verification involves the use of third-party data processing services to standardize and clean users’ provided Information so that it is easily identified and accessed in the Misty Mizzle database.
Guarding user’s own Information: Misty Mizzle recommends that user take the following precautions to guard against the disclosure and unauthorized use of the user’s Information:
i. never provide Information that can be used to access a user’s account over the phone unless the user has initiated the call and know with whom the user is speaking;
ii. update any changes in addresses or contact Information immediately through the proper channel;
13. FORCE MAJEURE
Notwithstanding anything contained in this Policy or elsewhere, Misty Mizzle shall not be held responsible for any loss, damage, or misuse of user’s Personal Information, if such loss, damage, or misuse is attributable to a Force Majeure Event (as defined below).
“Force Majeure Event” shall mean any event that is beyond the reasonable control of Misty Mizzle and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to a computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond the reasonable control of Misty Mizzle), power or electricity failure or unavailability of adequate power or electricity.
While Misty Mizzle will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information that Misty Mizzle holds about the user and prevent unauthorized access, the user acknowledges that the internet or computer networks are not fully secure and that Misty Mizzle cannot provide any absolute assurance regarding the security of user’s Personal Information.
In case the user has any discrepancies and grievances in connection with this Privacy Policy, the user may please contact us. If the user has any other questions or clarifications regarding privacy or has questions about practices, please contact Misty Mizzle via email at [email protected]
Updated: 21-Apr-2022