PANACHE is committed to respecting the privacy of every person who shares information with PANACHE. Your privacy is important to us and we strive to take reasonable care and protection of the information we receive from you. This Privacy Policy (“Privacy Policy”) applies to the collection, storage, processing, disclosure, and transfer of your Personal Information (defined below) when You use the website panacheethnic.com (“Site”) or avail of any services (“Services”) offered by PANACHE.

GENERAL

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under 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.

This document is published in accordance 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 panacheethnic.com.

The domain name panacheethnic.com (“Website”), is owned and operated by a registered Company under The Companies Act, 2013, PANACHE solely operating the brand name PANACHE, having its registered office address at Ground Floor, Shop No.230, Block-F, Plot No.16, In Indirapuram Habitat Centre, Situated at Ahinsa Khand, Indirapuram, Ghaziabad, Uttar Pradesh,201014, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, managing editors, administrative team, agents and their successors and assigns.

For the purpose of this Privacy Policy (“Policy”), wherever the context so requires,
i. The term ‘You’ & ‘User ’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii. The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
iii. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the PANACHE individually and collectively, as the context so requires.

The headings of each section in this Policy are only for the purpose of organising the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

The use of the Website by the User is solely governed by this Policy as well as the Terms of Use of the Website (“Terms”, available on the Website), and any modifications or amendments made thereto by the PANACHE from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the Viewer’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that the expiry/termination of either one will lead to the termination of the other.

The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the PANACHE, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the Viewer’s act of visiting any part of the Website constitutes the Viewer’s full and final acceptance of the Policy and the aforementioned Terms.

The Parties expressly agree that the PANACHE retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the Viewer, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter access and use the Website.

COLLECTION OF PERSONAL AND OTHER INFORMATION

1. The User expressly agrees and acknowledges that the PANACHE collects and stores the Viewer’s personal information, which is provided by the User from time to time on the Website, including but not limited to the Viewer’s User name, passwords, email address, name, address, age, date of birth, sex, nationality, browsing history, personal portfolio, etc., as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the PANACHE /Website to provide services and features targeted at the Viewer, that are most likely to meet the Viewer’s needs, and also to customise and improve the Website to make its Viewers’ experiences safer and easier.
2. The User is aware that the PANACHE /Website may automatically track certain information about the User based upon the Viewer’s IP address and the Viewer’s behaviour on the Website and the User expressly consents to the same. The User is aware that this information is used to do internal research on User demographics, interests, and behaviour, to enable the PANACHE /Website to better understand, and cater to the interests of its Viewers. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the Viewer’s computer & web browser information, the Viewer’s IP address, etc.
3. If the User chooses to acquire services from the Website, the User consents to allowing the PANACHE /Website to collect information about the Viewer’s interest and need.
4. If the User chooses to post messages/reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided/uploaded will be collected and stored by the PANACHE indefinitely, and that such retained information may be used to resolve disputes, provide beneficiary support, troubleshoot problems, etc., and that such information if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the PANACHE /Website as permitted by applicable laws.
5. The User is aware that any and all information pertaining to the User collected by the PANACHE, whether or not directly provided by the User to the PANACHE /Website, including but not limited to personal correspondence such as emails or letters, feedback from other Viewers or third parties regarding the Viewer’s activities or postings on the Website, etc., may be collected and compiled by the PANACHE /Website into a file/folder specifically created for / allotted to the Viewer, and the User hereby expressly consents to the same.
6. Nothing contained herein shall be deemed to compel the Website/ PANACHE to store, upload, publish, or display in any manner content/articles/paper/researcher / corporate news/reviews/information /feedback submitted by the Viewer, and the User hereby expressly authorises the Website/ PANACHE to remove from the Website any such content, review, survey, or feedback submitted by the Viewer, without cause or being required to notify the User of the same.

COOKIES

1. The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given Viewer, including but not limited to a Viewer’s login identification, password, etc. The User is aware that the Website places both permanent and temporary cookies in the Viewer’s computer’s hard drive and web browser, and does hereby expressly consent to the same.
   b. The User is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyze web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to decline the Website’s cookies if the Viewer’s browser permits, the User may consequently be unable to use certain features on the Website.
   c. Additionally, the User is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the PANACHE / Website. The User expressly agrees and acknowledges that the PANACHE /Website does not control the use of such cookies/other devices by third parties, that the PANACHE /Website is in no way responsible for the same, and that the User assumes any and all risks in this regard.

DIVULGING/SHARING OF PERSONAL INFORMATION

1. The User is aware that the Website/ PANACHE may share the Viewer’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
2. The User is aware that the Website/ PANACHE may disclose personal information if required to do so by law or if the Website/ PANACHE in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/ PANACHE may also disclose the Viewer’s personal information to law enforcement offices, third-party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its Viewers, or the general public.
3. The User is further aware that the Website/ PANACHE and its affiliates may share some or all of the Viewer’s personal information with other entities should the PANACHE /Website (or its assets) plan to merge with, or be acquired by such entity, or in the event of reorganisation, amalgamation, or restructuring of the PANACHE. Such entity or new entity will continue to be bound by the Terms and Policy, as may be amended from time to time.
4. If User need to update or correct your Personal Information or have any grievance with respect to the processing or use of your Personal Information, for any reason, you may send updates and corrections to us at info@panacheethnic.com and we will take all reasonable efforts to incorporate the changes within a reasonable period of time.

SECURITY

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The Viewer’s credit and debit card information is not received, stored by or retained by the PANACHE / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorised to handle the information provided, and is compliant with the regulations and requirements of various banks, institutions, and payment franchisees that it is associated with.

THIRD-PARTY ADVERTISEMENTS / PROMOTIONS

The User is aware that the PANACHE /Website uses third-party advertising companies to serve ads to the Viewers of the Website. The User is aware that these companies may use information relating to the Viewer’s visits to the Website and other websites in order to provide customised advertisements to the Viewer. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the Viewer. The PANACHE /Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the Viewer.

VIEWER’S CONSENT

By using the Website and/ or by providing information to the PANACHE through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy, including but not limited to the Viewer’s consent the PANACHE /Website sharing/divulging the Viewer’s information, as per the terms contained hereinabove in Section 4 of the Policy.
Our services do not address anyone under the age of 18 years. We do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or a guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.

COMPLIANCE WITH LAWS

You are not allowed to use the services of the Site if any of the terms of this Privacy Policy are not in accordance with the applicable laws of your country.

GRIEVANCE OFFICER

In accordance with the Information Technology Act 2000 and the rules made there under, the name and contact details of the Grievance Officer are provided below:
FAIZY ALAM
Email Id: info@panacheethnic.com
Ground Floor, Shop No.230, Block-F, Plot No.16, In Indirapuram Habitat Centre, Situated at Ahinsa Khand, Indirapuram, Ghaziabad, Uttar Pradesh,201014

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.

Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;

Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the PANACHE, and the award passed by the such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Jodhpur, Rajasthan, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India and that the Courts at Ghaziabad, Uttar Pradesh, India shall have exclusive jurisdiction over any disputes arising between the Parties.