User privacy is of paramount importance to Cellestial E-Mobility Private Limited (“Cellestial”). Cellestial offers smart solutions in automotive, through designing and manufacturing vehicles which are powered by renewable and non-renewable sourced energy, to prevail sustainability.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(i) “Applicable Law” shall include all laws, statutes, ordinances, bills, regulations, guidelines, policies, and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law within the territory of India.
(ii) “Cellestial Account” shall mean the account created by the User by providing Cellestial certain required User information.
(iii) “Content” shall include, without limitation, data, text, written posts, comments, software scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data.
(iv) “Customer” means any Person who accepts these Terms and seeks to browse and purchase Products on the Website by creating a Cellestial Account.
(v) “Dealer” means any Person who accepts these Terms and is desirous to enter into a dealership arrangement with Cellestial for the sale of the Products by creating a Cellestial Account.
(vi) “Grievance Officer” shall have the meaning as ascribed to it under Clause 15.
(vii) “Person” shall mean and be deemed to include any individual, firm, company or other corporate body, government authority, joint venture, association, partnership, or other entity (whether or not having separate legal personality).
(ix) “Product Information” means the details of the Products available on the Website in different variations for the knowledge of the User.
(x) “Products” shall mean the products manufactured by Cellestial and described on the Website from time to time.
(xii) “TSPs” shall mean, third party service providers, as applicable, whose services are used in addition to or in conjunction with the Product Information of Cellestial.
(xiii) “User” shall mean either
(a) any Person; or
(b) any Customer; or
(c) any Dealer;
(xiv) “Website” shall mean an internet portal by the name of “Cellestial E- Mobility” located at URL- https://cellestial.com/.
- Acceptance and Registration
- any product disclaimers or other restrictions presented to User on the Website; and
- any applicable Third Party Privacy Policies.
- User also acknowledges and agrees that with respect to certain activities, the collection, transfer, storage, and processing of User Personal Information that may be undertaken by trusted third party partners or affiliates or agents of Cellestial such as credit card processors, web hosting providers, communication services, and web analytic providers, to help facilitate Company in providing certain functions.
The Website and / or the Products are only for competent Persons. By using the Website, the User represents that the User has reached the age of “majority” as per the Applicable Laws of the jurisdiction where the User resides or is not under the age of 18 (Eighteen) years. Persons who are “incompetent to contract” within the meaning of the Indian Contract, 1872 including undischarged insolvents and persons of unsound mind, are not eligible to use the Website. Cellestial reserves the right to terminate the User’s Cellestial Account and / or refuse to provide such person with access to the Website if it is brought to Cellestial’s notice or if it is discovered that such User is not eligible to use the Website.
- Collection and Use of Personal Information
- Cellestial may collect and use, through the Website, information that can be used to identify or contact a User (“Personal Information”), including but not limited to Personal Information as enumerated below:
- Information Cellestial Collects Directly from the User:
When User browses or transacts on the Website, Cellestial collects information from the User, including but not limited to Personal Information. For example, Cellestial collects information from the User when the User registers / creates a Cellestial Account with Cellestial, makes a purchase, requests Product Information, submits a feedback or otherwise contacts Cellestial. The type of information that Cellestial collects depends on the User’s interaction with Cellestial, but may include, where permitted by Applicable Laws, the following:
- E-mail address;
- Contact Number
and any other information that User chooses to provide.
- Information Cellestial Collects Automatically:
Cellestial does not automatically collect or has authorised any person or third party to collect information (as enumerated below) about the User’s use of the Website or the Products except the information mentioned under Clause 3.1.1. In the event, User believes that any such information is requested from the User, the User shall contact Cellestial at [insert email ID].
- User’s device details;
- User’s browser type, version, and operating system;
- Links the User clicks;
- User’s Internet Protocol (IP) address;
- The length of time the User visits the Website or uses the Product Information;
- User’s activities on the Website or use of the Product Information (including User’s movement/ navigation through the Website);
- Information provided by the User while using the Product Information on the Website or that which is generated in the course of use of the Product Information including timing, frequency, and pattern of use of Product Information such as page views and navigation patterns;
- Internet service provider (ISP); and
- Search terms used by User to reach the Website.
- Cellestial shall collect and use User’s information, including Personal Information only through the Website.
- Cellestial may use and retain the information, including Personal Information, that Cellestial collects from the User in an aggregated form or Cellestial may associate it with User’s username and other Personal Information that Cellestial collects about the User. Cellestial may also combine information collected about the User on the Website with information collected through User’s use of Product Information for the same purposes as Cellestial would use such information in non-combined form.
- Cellestial may use and retain such information, including Personal Information to send User any communication including but not limited to notifications related to the User’s Cellestial Account, announcements about updates/ additions / variations to the Products that Cellestial may offer from time to time.
- Cellestial may occasionally hire third parties to provide limited services on its behalf, including answering User questions about Products and sending postal mail. Cellestial will only provide those companies the information they need to deliver the Products, and they are prohibited from using that information for any other purpose.
- Cellestial may also use Personal Information for internal purposes such as auditing, data analysis, and research to improve the Products and Product Information offered on the Website.
- Cellestial and TSPs may use Personal Information to verify credentials from third parties including financial institutions, identification verification agencies and credit reference agencies for providing Services.
- Sensitive Personal Information
- ‘Sensitive Personal Information’ refers to Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of financial data (such as credit card/ debit card/ billing/ payment details), genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s caste, tribe, sex life or sexual orientation.
- Cellestial does not require/ collect / process Sensitive Personal Information of the User.
- Manner of dealing with Personal Information
- Cellestial uses the information that Website gathers about the User for the following purposes:
- administer the Website and business;
- personalize the Website for the User;
- improvement of products of Cellestial;
- send email notifications requested by the User;
- provide third – parties with statistical information about Users (but those third parties will not be able to identify any individual user from that information);
- deal with enquiries and complaints made by or about User relating to the Website;
- to keep the Website secure and to detect and deter unauthorised use or fraudulent abuse of the Website by any User;
- may use User’s information, such as User’s email address, phone number, or mailing address to contact User with newsletters, special offers and promotions from time to time;
- to understand and analyze trends, to administer the Website, to gather demographic information about the User base as a whole and also towards administering, monitoring, and improving the Website; and
- marketing, market research and User profiling.
- Confidentiality and Disclosure of User’s Personal Information
- Cellestial has adopted reasonable security practices and procedures comprising of managerial, technical, operational, and physical security control measures with a view to ensure confidentiality and prevent unauthorised disclosure of Personal Information.
- Cellestial uses the Personal Information only for the purpose for which the same has been furnished. Cellestial does not retain information after the purpose for which it is furnished, is accomplished unless the same is required to be retained under any law in force or for audit purposes. In such cases also, confidentiality of such information is maintained strictly.
- Cellestial may share Personal Information with its affiliates and authorised agents, representatives, and advisors to help detect and prevent identity theft, fraud, and other potentially illegal acts and to facilitate joint or co – branded services that the User requests where such services are provided by more than one corporate identity. Those entities and affiliates may not market to the User as a result of such sharing unless the User explicitly opts-in.
- In the event of a reorganization, merger, or sale, Cellestial may transfer any or all Personal Information to the relevant third party with intimation to User.
- Cellestial may share User information with third parties in order to conduct a basic verification of information provided by the User.
- Cellestial may disclose the information it collects from Users where Cellestial believes it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Cellestial’s terms and conditions or as evidence in litigation in which Cellestial is involved or protect its operations or Users or in the event Cellestial has sufficient reason to believe that such Person may by way of application to a court or any other competent governmental authority apply for disclosure of the User’s information and such court or governmental authority, in Cellestial’s reasonable opinion, is likely to order the disclosure of such User’s information.
- Protection of Personal Information
- Privacy of the User is of utmost importance to Cellestial. Hence, Cellestial provides privacy protection services as a default service to the User for no additional cost.
- SSL Security Protocol: Security of the User’s information is of utmost importance for Cellestial. Hence this necessary security technology is implemented as a default for the safety and the security of User’s Personal Information and is an essential element of the Website and the Products provided by Cellestial.
- Cellestial has taken adequate measures to protect the security of User’s Personal Information and to ensure that User’s choices for its intended use are honoured. Cellestial takes precautions and has implemented reasonable physical, technical, and administrative security standards to protect the Personal Information of the User from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
- To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, Cellestial has put in place physical, electronic, and managerial procedures to safeguard and secure the information Cellestial collects through the Website and the provision of Products and Product Information.
- Cellestial’s service providers and agents are contractually bound to maintain the confidentiality of Personal Information and may not use the information for any unauthorized purpose.
- To ensure safety of User’s Personal Information, Users are advised against sharing their Cellestial Account information (including passwords) with anyone. Users should take steps to protect against unauthorized access to User’s password, phone, and computer by, among other things, signing off after using a shared computer, choosing a unique and robust password that nobody else knows or can easily guess, and keeping User’s username and password, secure. Cellestial is not responsible or liable for any lost, stolen, or compromised passwords, or for any activity on User’s Cellestial Account via unauthorized password.
- Cellestial ensures that all financial transactions undertaken through the Website are protected by encrypted technology.
- The User acknowledges that despite deployment of secure measures for protection of the User’s information on the Website, exchange and transmission of information online comes with inherent security risks and Cellestial makes no guarantee with regard to the safety of such transmission of User information through the Website.
- Access and updation of Personal Information
- Cellestial provides Users with the means to ensure that their Personal Information is correct and current. Users may review and update this information, change their passwords and other details related to their profile at any time by logging into their Cellestial Account.
- Deletion of Cellestial Account and Retention of Personal Information provided by the User
- Retention of Personal Information provided by the User. Notwithstanding anything contained herein, Personal Information submitted by the User shall be retained by Cellestial under the following circumstances:
- to the extent as may be required under Applicable Law;
- Cellestial may retain User’s Personal Information as may be relevant for any ongoing or prospective legal proceedings; and
- in the exercise of lawful rights which includes without limitation providing information to third parties for the purposes of prevention and reducing of credit risk.
- Deletion of Cellestial Account and Right to be Forgotten. User may at any time delete their Cellestial Account. The User shall have the right to restrict or prevent the continuing disclosure of the Personal Information by Cellestial where such disclosure has served the purposes as detailed under Clause 5 or is no longer necessary for such purposes or where the User has withdrawn the consent earlier given to Cellestial for disclosure of Personal Information. This option of restricting or preventing the continuing disclosure of the Personal Information by the Company may be exercised by the User by contacting the Company at [insert email ID].
- Opt – Out
- While collecting any Personal Information, Cellestial indicates the purpose of collection of such information and obtains consent from the User. Cellestial provides to the Users the opportunity to exercise an opt – out choice if they do not want to receive non – essential communication from Cellestial, such as emails or updates from Cellestial regarding new products offered on the Website or if Users do not want Cellestial to share their Personal Information with third parties. The opt – out choice may be exercised by contacting Cellestial at [insert hyperlink / email address].
- If the User wants to remove their Personal Information from the Website or withdraw his consent given to Cellestial earlier, then they can do so by writing to [insert hyperlink / e-mail address].
- Third – Party Sites, Services and Third – Party Privacy Policies
- In the event the User accesses and/or uses any third-party websites, links to which may be contained on the Portal and/or the Services, User is aware that such linked websites shall be governed by the privacy policies of those third parties. Cellestial shall not be responsible for the information practices of such third parties.
- Cellestial encourages the User to read the Third Party Privacy Policies carefully to understand their practices regarding use of information provided by the User or collected by such third – parties. Cellestial further encourages the User to exercise caution while sharing any information, including but not limited to Personal Information, with such third – parties. It is clarified that Cellestial shall not be responsible for misuse of any information, including but not limited to Personal Information of the User by third – parties.
- Limitation of Liability
- Cellestial is not responsible for any breach of security or for any actions of any third parties that receive the User’s Personal Information.
- Grievance Officer for Redressal
- In accordance with Information Technology Act, 2000 and rules made thereunder, the name, contact details and designation of the Grievance Officer are provided below:
Name: [insert name of grievance officer]
Email: [insert email address of grievance officer]
Contact Number: [insert]
Timings: [insert] (on all working days)
- In accordance with Consumer Protection Act 2019 and Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: [insert name of grievance officer]
Email: [insert email address of grievance officer]
Contact Number: [insert]
Timings: [insert] (on all working days)
- In the event of any complaint or any issue raised by the User, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under Applicable Laws.
- All words and expressions used herein and not defined, but defined in the Information Technology Act, 2000 and/or the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 shall have the meanings respectively assigned to them thereunder.