Emptycup Innovation Private Limited, including its subsidiaries, controlled entities, affiliates and related parties (hereinafter referred to as the “EmptyCup” or “emptycup.in”), a company incorporated under the provisions of the Companies Act, 2013 had created and owns the domain name, “Emptycup.in” (hereinafter referred to as the “Website or Site”). EmptyCup provides the services through the ‘Website’ or ‘Site’) and the mobile application called “Artist” App (hereinafter referred to as “Application”).
You are advised to read this Policy carefully. By accessing the services provided by emptycup.in you agree to the collection and use of your data by emptycup.in and certain authorized third party service providers in the manner provided in this Policy. If you do not agree with this Policy, please do not use the Website.
What is covered in this Policy?
This Policy covers how EmptyCup treats personal information that EmptyCup collects and receives, including information related to your past use of the Website, products and services available in the Website or the Application.
When you register for our service, we would require your personal information that is personally identifiable like your name, address, email address, or phone number, and other information that is not otherwise publicly available and is essentially required for registering and receiving services from us.
EmptyCup shall not be, in any manner, responsible for any acts or omissions, deeds or things done or committed by any person not being directly employed or authorized specifically by EmptyCup. In addition, certain emptycup.in associated/partner companies have their own privacy statements which can be viewed by clicking on their respective links.
Privacy – Our Commitment
At EmptyCup, we are extremely committed to protect your privacy. The data provided by the User shall not be used by EmptyCup, except in the manner provided in this Policy. EmptyCup undertakes not to rent and sell your personal information, provided by you during the use of the Website or Application to any third parties. You acknowledge that, EmptyCup is authorized to use the data provided by you, in order to improve the services in the Website or Application, by providing it to our partners. Your comfort, trust and confidence are of paramount importance to us.
What Information is collected from you.
EmptyCup collects the details provided by you on registration which includes but not limited to:
- Personal information like name, phone number, address, email and other contact details;
- Specific requirements for you to place Order with us including the details regarding the property and other information that would be required for performing the services efficiently;
- Your interests, search patterns in the Website or the App, including the interests in colour themes based on your usage of the Website or the APP together with information we learn about you from your use of our service and your visits to our Site.;
- Any other information that is required by us to efficiently provide the services and for protecting the business interest of EmptyCup.
Any transaction or banking information including details of credit / debit card number, cardholder name, expiration date, CVV or any other information as required for online transactions are not collected or stored by EmptyCup. However, for the purpose of providing better services and understanding the user patterns, EmptyCup might collect information that are available in public domain including payment methods and type of cards used.
EmptyCup may also collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Website or the Application. Please note that, EmptyCup is entitled to collect information regarding the pattern of your use of the Website or the Application or your previous orders and transactions including the product and pricing details, the date of purchase, transaction information, payment history etc.
We may use the information provided to us by you for proper working of the Applications.
We may collect additional information in connection with your participation in any promotions or competitions offered by us and information you provide when giving us feedback or completing profile forms. We also monitor and store information relating to customer traffic patterns, session log information on Website which includes your navigation within the site, source of traffic, IP address (from which we can approximately determine user location), browser type, browser language, operating system, date and time of request etc. and Website use, which enables us to improve the service we provide. We will collect only such information as is necessary and relevant to us to provide you with the services available on the Site.
Data Retention Policy
You hereby understand and acknowledge that, you can terminate your user account in the Website at any time. Further, you understand that we will retain user information provided to us may be required for the Website or the Application to function properly and for statutory and legal purposes. You hereby agree that the information provided by you during your use of the Website or the Application may be archived on our servers even after the deletion or the termination of your account.
In addition to the information that you explicitly provide during your interactions on the Site, we will automatically receive and collect certain anonymous information in standard usage logs through our Web server, including computer-identification information obtained from “cookies” sent to your browser from:
- web server cookie stored on your hard drive
- an IP address, assigned to the computer which you use
- the domain server through which you access our service
- the type of computer you’re using
- the type of web browser you’re using
A “cookie” is a small piece of information stored by a Web server on a Web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. EmptyCup places both permanent and temporary cookies in your computer’s/ mobile’s hard drive. You can set your browser to notify you when you are sent a cookie, and you can decide whether or not to accept it.
Who collects the information?
The information collected in the use of the Website or the Application is entirely collected, stored and owned by EmptyCup. However, the User understands that, in case the User connects to any other website through the links, including the promotions or advertisements, the User shifts to the server of such advertiser and hence, any collection or storing of information in the third party websites cannot be controlled by EmptyCup. EmptyCup is not responsible for privacy practices or the contents of those linked websites. We collect personal information about you as part of the registration process, which is voluntary. Other means of collecting personal information is through some contests, online events, surveys etc.
We collect anonymous information like traffic information and hardware information when you visit our Site.
Our advertisers and partners may collect their own anonymous information through their own cookies for which we are not responsible for. Use of the Website or the Application of the EmptyCup is available only to persons who can form a legally binding contract under Indian Contract Act, 1872. EmptyCup understands the importance of protecting children’s privacy, especially in an online environment. Our Sites are not intended to be used by or service for children 18 years of age or younger. It is our policy never to knowingly collect or maintain information about anyone under the age of 18.
We use your personal information for the purpose of processing your registration, to process any orders that you may make for any products or services displayed on the Website and Application, providing you with improved services, contact you when it is needed by telephone and e-mail, and to advise you of products and services which may be of interest to you, inviting you to be a participant or a respondent to an online event that is hosted on EmptyCup. Further, the relevant information is used by EmptyCup to (i) provide you with statements of your account; (ii) to communicate with you on any matter relating to the conduct of your account; and (iii) to communicate the details of any orders / processing of any orders placed by you relating to products displayed on the Website.
User and customer information will be sharable with our subsidiaries, affiliates and partners which are also involved in delivering the service to you. We will also need to share some or all of your information as governed in the case of acquisitions by or mergers with other business entities.
EmptyCup may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop the Website, our products and services and may provide such Aggregate information to third parties on an aggregate basis with the intention to enhance the quality of services provided through the Website or the Application. These statistics will not include information that can be used to identify any individual user of the Website.
EmptyCup may organize contests and surveys and the information collected during these events may be used by EmptyCup to improve your overall customer experience. The information will only be shared with third parties on an aggregate basis.
[For the purposes of this Policy, “Aggregate information” shall mean and include any information that is recorded about users and collected into groups, including the information relating to pattern of use of the Website and the nature of the services / products acquired from the Website, so that it no longer reflects or references an individually identifiable user. Such information does not identify you individually.]
Personal data collected by the Website may be transferred to other sites of EmptyCup where it is necessary to meet the purpose for which you have submitted the information. By submitting data on this Website, you are providing explicit consent to transmission of data collected on the Website.
We use anonymous information like traffic and other data to provide us with information to recognize the access privileges to our Site, track your participation in any of the events, providing you with better content and advertisements, help diagnose the problems with our Site and for the purposes detailed in the Policy.
Cookies would be used to provide a customized experience to our users such as identifying recently viewed items (of interest to the user) as well as implementing wish list and cart features.
We use session log and traffic flow information to understand how users are interacting with our Site and to make improvements. This will also be used by us to understand and analyse your usage pattern which enables us to provide empirical data at an aggregate level.
We use IP address, traffic sources, user navigation across the site, browser and Operating System information etc. to measure overall site performance in terms of number of users, user engagement, time spent by users on the site etc.
We will need to use user or customer information in case required in aspects such as legal disputes or other legal processes; comply with any statutory or regulatory requirement; troubleshoot problems; detect and protect against error, fraud and other criminal or illegal activity; collect fees owed; enforce our terms and conditions; prevent abuse of our services; prevent violation of the rights of third parties, other users or the general public.
Information Sharing and Disclosures
EmptyCup does not indulge in the transfer of information for commercial purposes. All or any information provided by you during the use of the Site or the App or when contracting with us by placing any Order shall be solely used for the purpose of providing better services to you or facilitating the services undertaken to be provided by EmptyCup. In any case, you hereby authorize EmptyCup to share such personal information provided by you or data collected by us through your usage patterns:
- to any third party vendors for the purpose of enhancing your user
experience in the Site or the App or in order to facilitate the services offered to you through the Site or the App;
- to any potential investors, in order to showcase the Company
outreach and business portfolio or third party entities, in case of any merger or acquisition of EmptyCup;
- to any law enforcement agency for the purpose of compliance with any
laws for the time being in force.
In such cases of sharing or transfer of information, EmptyCup would require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures would be in place in order to protect the security of the data provided in the Site or the App.
We endeavour to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data that are provided by you, while using of the Website or the Application. These include periodical internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data of the users. We restrict access to personal information and such information would be divulged even to the authorized representative of EmptyCup including employees, contractors and agents only on need to know basis. EmptyCup does not divulge the confidential information of the users to any third parties or its representatives without imposing confidentiality obligations on them.
Although we endeavour to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this Site, you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties or because of acts that are beyond the control of EmptyCup.
You further agree that you are solely responsible and liable for, and shall indemnify EmptyCup against any and all costs, expenses, damages, fees, etc. that EmptyCup may incur or suffer due to any personal information or other materials that you post, upload, submit, and otherwise make available on the Website and Application, including areas of the Website and Application that are available to the public. We have no control over and cannot protect personal information that you disclose in public areas of the Website. If you disclose your personal information in public areas, it may be collected and used by third parties, without our or your knowledge. You should also understand that by displaying your information or photographs on the Website and the internet, for the intention of showing the information / those photographs to your friends, family, acquaintances, clients, business partners, and others, that you directly intended to see the photographs, you are relinquishing certain traditional privacy rights, wherein anyone with access to the internet has the potential ability to view your information / photographs. If you do not wish to relinquish these traditional privacy rights, do not share your information / photographs.
EmptyCup regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or EmptyCup’s treatment of personal information by contacting us through this Website or by e-mailing to us at [email protected] When we receive complaints at this address, it is EmptyCup’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities to resolve any complaints regarding the transfer of personal data that cannot be resolved between emptycup.in and an individual.
Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Policy will be governed by the laws of India and will be referred to confidential, mandatory and binding arbitration in Bengaluru, India. The arbitration will be conducted on an expedited basis before a single arbitrator appointed by both the Parties to the dispute and the arbitration shall be conducted according to the Indian Arbitration and Conciliation Act, 1996 (as amended). The arbitrator’s award shall be substantiated in writing and will be final and binding on you and EmptyCup. Subject to the above, you agree to submit yourself to the exclusive jurisdiction of the Courts in Bengaluru, India.
By submitting your information, you consent to the use of that information as set out in this Policy. We welcome your views on this Website, Application and the Policy. However, submitting personally identifiable information is entirely voluntary. You are not required to register with us in order to browse our Site. Please note that we offer some services only to visitors who do register.
At any point in time, you can correct and make changes to your personal information by accessing your information in My Account section of the Website or the application.
You may change your interests at any time and may opt-in or opt-out of any marketing / promotional / newsletters mailings. emptycup.in reserves the right to send you certain service related communication, considered to be a part of your emptycup.in account without offering you the facility to opt-out. You may update your information and change your account settings at any time.
If we plan to use your personally identifiable information for any commercial purposes, we will notify you at the time we collect that information and allow you to opt-out of having your information used for those purposes.