Seventh August IT Services Pvt. Ltd (hereafter referred to as "we" or “our” or "us" or ‘Seventh August” or “organization”) respects your right to data privacy. In this statement “You” and “Your” refers to data subject (customers, employees, website visitors or contingent workers) whose personal data is processed by us. This privacy statement explains who we are, how we collect, share and use personal data about you, and how you can exercise your data privacy rights. The details on what personal data will be processed and which method will be used depend significantly on the services applied for or agreed upon.
Data Subject - An identified or identifiable living individual natural person.
Personal Data - Any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that data subject.
Processing - Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Special category - Special category of personal data is data that reveals your racial or ethnic origin, religious, political or philosophical beliefs or trade union membership; genetic data; biometric data for the purposes of unique identification; or data concerning your health / sex life.
Contingent workers - Contingent workers means non-permanent workers including agents, consultants, independent contractors, sub-contractors, temporary workers, professional advisors, interns and those affiliated with third parties.
Controller - means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor - means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Joint controller - Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers.
Group company (Group) - includes a holding company, subsidiary, associate company (including a joint venture company) and a subsidiary of a holding company to which the company is also a subsidiary.
If you have any questions or concerns about our processing of your personal data, then please contact us using the contact details provide.
What does Artoreal do?
Seventh August IT Services Private Limited (“Seventh August” or “Company”) is the operator and licensee of the company (“Website”). Seventh August is a subsidiary which is fully owned by Nihilent. The company can be contacted by clicking Contact Us. Artoreal is an online market place of exclusive collections of photographs and paintings. A dedicated platform is designed keeping you and the art lover in mind. Artoreal guarantees a wholesome purchase experience when it comes to buying exceptional photographs and paintings from renowned and emerging artists.
For more information about Artoreal, please see the “About us” section on the website at www.artoreal.com
Data Protection Officer
Nihilent (parent company of Seventh August) has appointed a Data Protection Officer (DPO) for you to contact if you have any questions or concerns about the Artoreal’s personal data policies or practices. If you have any questions or concerns about this data privacy statement or how we handle your personal data, please contact the DPO at DPO@nihilent.com
Nihilent’s DPO name and contact information are as follows:
|DPO Name:||Mr. Abhay Ghate|
|DPO Address:||Nihilent Ltd.,
4th Floor, ‘D’ Block, Nagar Road Weikfield, IT Citi Info park, Maharashtra, Pune-411014
When do we collect your personal data?
You may give us your identity, contact, financial data and transaction data by filling in forms or by corresponding with us by post, phone and email or otherwise. This includes sharing of personal data for the following purpose:
a) By registering accounts on our website including setting up passwords and preferred user names, contact details, account details;
b) Ordering our products or services;
c) Subscribe to our service or publications or newsletters;
d) Request marketing material notifications to be sent to you;
e) Records of your interactions with us such as telephone conversations, emails, other correspondence and your instructions to us;
f) Providing your feedback;
g) By filling in forms, for example when you sign up to offers, news or a contest;
h) By sending us emails and text messages (SMS or WhatsApp or Chat Service
i) By adding posts, reviews and other comments to our website;
j) By liking or disliking our offers and promotions;
k) By adding offers, promotions or products to your shopping/wish lists on our website;
l) By interacting with us on social media platforms such as Facebook, Twitter, Instagram and YouTube.
Automated technologies or interactions
Log Files. Log information is data about your use of the service, such as IP (Internet Protocol) address, browser type, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
Cookies. A cookie is a small data file transferred to your computer (or other device) when it is used to access our service. Cookies may be used for many purposes, including to enable certain features of our service and remember your preferences, your equipment, browsing actions and patterns, to better understand how you interact with our service, to provide you advertising on and off the service, and to monitor usage by visitors and online traffic routing. You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. If you do not accept cookies, however, you may not be able to use all portions of our service or all functionality of our service. Please see our cookie statement for further details.
Third parties or publicly available sources
We may receive aggregated personal data about you from various third parties as set out below:
- Technical Data from the following parties:
- Analytics providers such as Google, Facebook;
- Social media platforms such as Facebook, Twitter, Instagram and YouTube;
- Advertising networks and search information providers.
What personal data do we collect?
We may collect, store, and use the following categories of personal data about you:
a) First name
b) Last name
d) System generated unique ID
e) Shop name
f) Date of birth
h) PAN card
i) Driving license
a) Billing address
b) Shipping / Delivery address
c) Email address
d) Telephone numbers
a) Bank account number
b) Name as per bank account
c) GSTIN (For Indian customers)
d) Copy of cancelled cheque
Details about payments to and from you and other details of products and services you have purchased from us. These include:
a) Any relevant billing, delivery address;
a) IP address;
b) Your login data;
c) We also track how often you visit and use our website. We do this via email and website cookies and similar tracking technology built into our website. Please see our cookie statement for further details.
a) your username and password;
b) purchases or orders made by you;
c) your interests, preferences, feedback and survey responses;
d) Profile image;
e) About and;
a) Information about how you use our website, products and services;
b) Information on what you view, click on access by way of our marketing emails and text messages, website and mobile.
Marketing and Communications Data
Your preferences in receiving marketing from us, our third parties, and your communication preferences. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Aggregated Data (sometimes referred to a pseudonymised data)
We also collect, use and share aggregated data (sometimes referred to a pseudonymised data) such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in the applicable law (s) as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this data privacy statement.
Special Category of Personal Data
We do not collect, store and use the following “special categories” of more sensitive personal data regarding you such as:
a) Information about your race or ethnicity, religious beliefs and sexual orientation;
b) Information about your health, including any medical condition, health and sickness records, medical records and health professional information;
c) Any criminal records information in relation to you, and;
d) Biometric information about you, for example fingerprints, retina scans.
How and why do we use your personal data?
We will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:
a) The processing is necessary for reasons of substantial public interest, or for official purposes or requested for or by the Central Bureau of Investigation (CBI), police or governmental authorities on a Fair and lawful basis;
b) It is necessary for the establishment, exercise or defense of legal claims, for the purposes of carrying out the obligations and exercising our or your rights in the field of employment and social security and social protection law or;
c) Based on your explicit consent;
d) Where we need to perform the contract we have entered into with you;
e) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
f) Where processing is necessary in order to protect the vital interest of the data subject or of another natural person.
a) Means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience;
b) We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests;
c) We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by applicable laws); and
d) We may also use your personal data in the following situations, which are likely to be rare:
i. Where we need to protect your interests (or someone else's interests); and
ii. Where it is needed in the public interest or for official purposes.
Purpose/ activity, type of data and lawful basis for processing
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purposes for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
However, we normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in the legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In certain cases, we may also have legal obligations to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another data subject.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal data.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|a) To register you as a new customer||a) Identity
|a) Registering or Performance of contract with you;
b) Your consent;
|To process and deliver your order including:
a) Manage payments, fees and charges b) Collect and recover money owed to us
|a) Identity b) Contact c) Financial d) Transaction||a) Performance of a contract with you; b) Necessary for our legitimate interests (to fulfil your order or recover debts due to us).|
|To manage our relationship with you which will include:
a) Notifying you about changes to our terms or privacy statement
b) Asking you to leave a review or take a survey c) Responding to your queries and comments, social media posts and questions.
d) Marketing and Communications
|a) Performance of a contract with you
b) Necessary to comply with a legal obligation;
c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services);
d) Your consent
|a) To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||a) Identity
|a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise);
b) Necessary to comply with a legal obligation.
|a) To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||a) Identity b) Contact c) Profile d) Usage e) Marketing and Communications f) Technical||a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and to inform our marketing strategy).|
|a) To use data analytics gathered from our website to improve our website, products/services, marketing, customer relationships and experiences||a) Technical b) Usage c) Aggregated Data||a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated, relevant and to inform our marketing strategy).|
|a) To make suggestions and recommendations to you about goods or services that may be of interest to you||a) Identity
f) Aggregated Data
|a) Necessary for our legitimate interests (to develop our products/services).|
|a) To power our security measures and services in order to protect you and our business.||a) Identity
b) Technical c) Usage
|a) Necessary for our legitimate interest so you can safely access our website and mobile apps. It also lets us do things such as recognize your username and password, as well as reset them if you happen to forget what they are.|
If we ask you to provide any other personal data not described above, then the personal data we will ask you to provide, and the reasons why we ask you to provide the personal data, will be made clear to you at the point we collect your personal data.
However, we may also use your personal data for other purposes that are not incompatible with the purposes we have disclosed to you (such as archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by applicable laws.
Promotional offers from us
If you have explicitly opted in to receive marketing from us we may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your explicit opt in consent to share your personal data with any company outside Nihilent for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by clicking Contact Us or writing an email to our DPO.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service subscription / purchase, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact details provided.
Who does Artoreal share my personal data with?
On occasion we may have to share your personal data with the parties set out below for the purposes set out.
Internal Third Parties
Companies, brands and businesses within our group. For example, we will share data or information from our online business at www.artoreal.com with the internal third parties, having similar arrangements between our other online businesses. This is because we hope to have a relationship with you across all our different brands and businesses, if not now, then sometime in the future and we want to be able to provide you with the same value-for-money, high quality experience whenever and however you sell / shop with us. It’s also the only way we can provide you with the best benefits.
External Third Parties
a) Regulators and other authorities: acting as processors or joint controllers based in India who require reporting of processing activities in certain circumstances.
b) Other people who help us provide our websites, mobile apps and related services to you: They include payment services companies that make it easy for you to use your credit or payment cards with us. Other examples include market research companies and Public Relation organizations and general service companies such as seller printers as service provider.
c) Our insurers and insurance brokers: who provide us with comprehensive cover against the risks of running a business as big as ours. (They may keep this information for the purpose of ongoing risk assessment and insurance broking and underwriting services).
d) With social media companies such as Google, Facebook and Twitter: our advertising partners who enable us to run promotions for you on their platforms.
e) Any new business partners: we may have over time, for example, in the event of a joint venture, reorganization, business merger or sale that affects us.
f) The Police, local authorities, the courts and any other government authority: if they ask us to do so (but only if we doing so is lawful).
g) Other people who make a ‘data subject access request': where we are required to do so by law.
h) We may also share the information we collect where we are legally obliged to do so, e.g. to comply with a court order.
i) Social media, blogs, reviews, etc.
j) Any social media posts or comments you send to us: (on the Artoreal Facebook page, for instance) will be shared under the terms of the relevant social media platform (e.g. Facebook, Twitter, Instagram or YouTube) on which they’re written, and could be made public. Other people, not us, control these platforms. We’re not responsible for this kind of sharing. Before you make any remarks or observations about anything, you should review the terms and conditions and privacy policies of the social media platforms you use. That way, you’ll understand how they will use your information, what information relating to you they will place in the public domain, and how you can stop them from doing so if you’re unhappy about it. It’s worth remembering too that any blog, review or other posts or comments you make about us, our products and services on any of our blogs, reviews or user community services will be shared with all other members of that service and the public at large. You should take extra care to ensure that any comments you make on these services, and on social media in general are fit to be read by the public, and are not offensive, insulting or defamatory. Ultimately, you are responsible for ensuring that any comments you make comply with any relevant policy on acceptable use of those services.
k) Third parties: to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy statement. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and for legitimate purpose.
We share your personal data within the Nihilent group on need to know basis with confidential obligation mentioned here in. This may involve transferring your data outside the European Economic Area (EEA). Some of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries;
• Where we use providers based in the US, we may securely transfer data to them if they are part of the privacy shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission EU-US Privacy Shield.
Please contact us if you want further information on how we transfer your personal data out of the EEA.
A list of third countries and international organization to whom personal data may be shared can be made available by contacting our DPO.
How we protect your personal data?
We use appropriate technical and organizational measures to protect the personal data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data.
A lot of the information we receive reaches us electronically, originating from your devices, and is then transmitted by your relevant telecoms network provider. Where it's within our control, we put measures in place to ensure this 'in flight' data is as secure as it possibly can be.
Sensitive data like, passwords are protected for data in transit by data encryption. Network security solutions like firewalls and/or network access control to secure the networks used to transmit data against malware attacks or intrusions.
We use secure means to communicate with you where appropriate, such as 'https' and other security and encryption protocols.
If you have any concerns about the security of your own personal computers and mobile devices, we suggest you read the advice of ‘Get Safe Online’, which can be accessed here.
How long will we keep your personal data?
To make sure we meet our legal data protection and privacy obligations, we only hold on to your information for as long as we actually need it for the purposes we acquired it for in the first place. After that we will either delete it or anonymize it so that it cannot be linked back to you.
We retain personal data, we process where we have legitimate interest, performance of the contract, vital interest of data subject or of another natural person, performance of a task carried out in the public interest or in the exercise of official authority vested or for the purposes of satisfying any legal, accounting, or other regulatory reporting requirements or with your consent.
By law we have to keep basic information about our customers (including contact, identity, financial and transaction data) for 5 years after they cease being customers for tax purposes.
Automated Decision Making
Automated decisions are decisions concerning you which are made automatically on the basis of a computer determination (using software algorithms), without human intervention. We do not use automated decision-making.
What are your data protection rights?
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes by keeping your details up to date on your Artoreal online account.
Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
a) Request access: To your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
b) Request rectification: Of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. We may need to verify the accuracy of any new data you provide to us.
c) Request erasure: Of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. You can ask us to delete your data by contacting the DPO at DPO@nihilent.com
d) Object to processing: Of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which means we can continue to process your personal data.
e) Request the restriction of processing: Of your personal data that enables you to ask us to suspend the processing of your personal data in the following scenarios:
i. if you want us to establish the data's accuracy;
ii. where our use of the data is unlawful but you do not want us to erase it;
iii. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
iv. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
f) Request for portability: Of your personal data to another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
g) Right to withdraw consent at any time: Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
h) Right to lodge a complaint with a supervisory authority: In case you consider that the processing of your personal data infringes any of your rights or provisions related to the laws and regulations in scope.
If you wish to exercise any of the rights set out above, please contact us at DPO@nihilent.com
Fees for excessive or unreasonable requests
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up our response.
If you wish to exercise any of the rights set out above, please contact us at DPO@nihilent.com
Changes to this data privacy statement
We may update this data privacy statement from time to time in response to emerging legal, technical, contractual, regulatory or business developments. When we update our data privacy statement, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material data privacy statement changes if and where this is required by applicable laws.
If you have any questions about this data privacy statement, please contact the DPO at DPO@nihilent.com
Last modified: 16th July 2019