Terms of service
We respect your concerns about privacy and value the relationship we have with you. This privacy policy ("Policy") describes Mountain Valley Springs India Private Limited's ("MVSIPL" or "we" or "us" or "our") and its affiliates' and subsidiaries' commitment to respecting your privacy and recognizes your need for appropriate protection and management of any personal information you share with us. The words "you" or "your" or "Customer" as used herein, refer to all individuals and/or entities browsing, accessing, or using the Platform or Services (both, as defined hereinafter) for any reason.
We also describe the measures we take to protect the security of the information, how long we retain it and how our Customers can contact us about our privacy practices and how to exercise their rights. By using or accessing the Services through our Platform or otherwise, whether through a mobile device, mobile application, computer or any other device and/or at retail stores, you agree to be bound by the terms of use more particularly provided on the Platform (the "Terms") and the provisions of this Policy. You further consent to MVSIPL's collection, retention, processing, use, disclosure, and protection of Personal Data (as defined hereinafter), when you create an account / login credentials or make a purchase in our retail stores, to avail the Services.
This Policy (together with the Terms and any other document(s) referred to in the Terms) sets out to inform the Customer the following:
(a) The kinds of Personal Data we may gather during your use of our Services;
(b) Why we gather your information;
(c) What we use your Personal Data for;
(d) When we might disclose your Personal Data; and
(e) How you can manage your Personal Data.
By signing up on our Platform, you further represent that you are 18 (eighteen) years of age or older than the age prescribed in your country of residence for a child.
YOU AGREE TO PROVIDE YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICYBY TICKING THE BOX NEXT TO THE WORDS "I AGREE WITH THIS PRIVACY POLICY". IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE OR ACCESS THE PLATFORM AND/OR OUR SERVICES. YOU WILL HAVE THE OPTION TO NOT PROVIDE YOUR CONSENT, OR WITHDRAW ANY CONSENT GIVEN EARLIER, PROVIDED THAT THE DECISION TO NOT PROVIDE CONSENT/WITHDRAWAL OF THE CONSENT IS INTIMATED TO US IN WRITING. IF YOU DO NOT PROVIDE US PERSONAL DATA OR WITHDRAW THE CONSENT TO PROVIDE US WITH ANY OF YOUR PERSONAL DATA AT ANY POINT IN TIME, WE SHALL HAVE THE OPTION TO NOT PROVIDE THE SERVICES FOR THE PURPOSE OF WHICH THE SAID PERSONAL DATA WAS SOUGHT.
This Policy DOES NOT apply to information that you provide to, or that is collected by, any Third Party (as defined hereinafter), such as social networks that you use which are not in connection with our Services. MVSIPL encourages you to consult directly with such Third Parties about their privacy practices.
This Policy is incorporated into and subject to the provisions of the Terms and the terms not defined here, have the meanings ascribed to them in the Terms. This Policy and the Terms are effective upon your accessing or using the Platform and/or use of our Services. We encourage you to read the terms of the Policy and the Terms in their entirety before you visit the Platform or use our Services.
1. Your Privacy - Our Commitment
1.1 We are extremely proud of our commitment to protect your privacy. We value your trust in us. We will work hard to earn your confidence so that you can use our Services unhesitatingly and recommend us to friends and family. Please read the following policy to understand how your Personal Data will be treated as you make full use of our Platform.
1.2 For the purposes of this Policy, the following terms shall have the meaning set forth below:
"Applicable Laws" shall mean any and all: (a) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (b) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.
"Application", singular or plural, refers to any of our html-based/internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to the Customers (either via Apple iOS or Android) by us.
"Data Protection Law" shall mean any data protection, data security or privacy law, including, without limitation, the Information Technology Act, 2000 including the rules thereunder ("IT Act and Rules"), the EU General Data Protection Regulation 2016/679 (the "GDPR"), and any laws governing Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.
"Governmental Authority" means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district, or other subdivision thereof.
"Intellectual Property" or "IP" includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.
"Intellectual Property Rights" or "IPR" include: (a) all rights, title, and interest under any statute or under Applicable Laws including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (e) all extensions and renewals thereof; and (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
"MVSIPL Account" means the account created and registered on the Platform by the Customer and which may comprise details pertaining to the Personal Data.
"Opt-Out" means (as the case may be) a link for you to indicate your refusal to our use of your Personal Data and the mechanism explained in Clause 9 of this Policy.
"Party" refers individually to each of you and MVSIPL.
"Parties" refer to both you and MVSIPL jointly.
"Personal Data" shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes "personal data" or "sensitive personal data or information" under the GDPR or similar terms under other Data Protection Law.
"Personal Identification Information" means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.
"Platform" means the MVSIPL website located at www.maverickessentials.in or such website or any other Application powered by MVSIPL to provide the Services, but does not include any website or Application owned or operated by a Third Party that may be accessed from any page on www.forestessentialsindia.com or Application powered by MVSIPL.
"Sensitive Personal Data or Information" with respect to a person shall mean such personal information which consists of information relating to:
(a) password;
(b) financial information such as bank account or credit card or debit card or other payment instrument details;
(c) physical, physiological and mental health condition;
(d) sexual orientation;
(e) medical records and history;
(f) biometric information;
(g) any detail relating to the above clauses as provided to body corporate for providing service; and
(h) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
"Services" means any and all products, features, and other related services made available by us to the Customer, either through the Platform, any retail stores of MVSIPL, the loyalty program available at our retail stores and online, including 'Soundarya Loyalty Club' available at www.maverickessentials.in or at one of our events.
"Third Party" shall mean a party which is not a signatory to the Terms and this Privacy Policy.
1.3 We understand that you entrust us with certain Personal Data and in exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with the terms of this Policy.
2. Information We May Collect and How We Collect It
We may obtain your Personal Data from various sources. When you visit or use our Platform or avail the Services, we may collect, use, or disclose the following data about you:
2.1 Information You Provide to Us:
You may be required to provide us with your Personal Data while: (i) making a purchase at a MVSIPL retail store; (ii) signing up for the Soundarya Loyalty Club; (iii) creating a MVSIPL Account on the Platform; or (iv) availing our Services. You hereby agree to provide us with accurate information and ensure that you update such information as required. We may receive the following information directly from you, thereby enabling you to make use of the Platform:
(a) Identification details: name, date of birth, gender, photograph, etc. which are used for the purpose of creating a MVSIPL Account, singing up for the Soundarya Loyalty Club or making a purchase from a MVSIPL retail store.
(b) Correspondence details: email address, letters, telephone number, postal address, postal code, shipping and billing formation (such as delivery address, and billing address), etc. which are used for the purpose of communication with you, resolving your queries, and provision of other support Services;
(c) Financial data: bank account details, payment account number, credit or debit card or debit card number, etc. which are used for the purpose of enabling and effecting transactions on the Platform;
(d) Other information: Information about purchase history, product preferences, your skin type/skin condition, your hair type, your physical characteristics and your skincare concerns which you provide to use while availing our Services which are used to provide our Services to you;
(e) Information you provide to us through social media networks or Application (such as your name, profile picture, likes, location, friend list and other information described on the social media network or Application sign-up page); and
(f) Information or content which you may provide to us (such as photographs, videos, reviews, articles, questions, survey responses and comments) when you leave us a message, during customer support conversations survey, or in connection with a promotion, or for assistance in case of matters related to law enforcement, or investigations.
Please note that we also may collect and store your Personal Data we receive from Third Party sources. Please be advised that Third Parties have their own privacy policies, and you should refer to them for any questions you may have about the information they may collect about you and when you create a MVSIPL Account and/or use the Platform.
2.2 Information We Collect Automatically
We may collect certain Personal Data from you automatically through our servers that keep an activity log tracing all Customers of the Platform. The information we collect may include but is not limited to your Internet Protocol (IP) address, home address, time of access, date of access, web page(s) visited, number of clicks, software crash reports, browser/app details, session identification number, search terms, search results, referring website's addresses, information about things near your device, such as wi-fi access points, cell towers, operating system, mobile network information including carrier name and phone number, and application version number, and bluetooth-enabled devices subject to your settings and device permissions. Additionally, when you visit our retail stores and / or attend our event(s), we may collect your video surveillance footage which can be used to directly or indirectly identify you.
We may include functionality for the customer's convenience in our Applications that allows you to remain logged-in to the Application so that you do not have to re-enter a password each time you want to access the Application. IF YOU CHOOSE TO REMAIN LOGGED-IN, YOU SHOULD BE AWARE THAT ANYONE WITH ACCESS TO YOUR DEVICE WILL BE ABLE TO ACCESS AND MAKE CHANGES TO YOUR ACCOUNT AND MAY BE ABLE TO MAKE PURCHASES THROUGH YOUR ACCOUNT. For this reason, if you choose to remain logged-in to the Application, we strongly recommend you enable the security features on your smartphone, tablet or personal computer to protect against unauthorized access to and use of your device and your MVSIPL Account in the Application.
2.3 Information We Receive from Third Parties
We may receive information about you from a Third Party if you have provided your consent for such information to be shared with us. We may combine and process such data internally towards our Services. We also work closely with select third parties (including, for example, subcontractors such as advertising networks, analytics providers, search information providers, infrastructural services, including cloud service providers) and may receive information about you from such sources. We may also collect and receive information in an aggregated form such as statistical or demographic data from different browser types for analysis.
3. Use of Your Data
3.1 We only have access to and/or collect Personal Data that you give us or that is collected while accessing or making purchases from our Platform, using our Services or via e-mail or other direct contact from you. By using our Services, creating a MVSIPL Account, accessing the Platform or making a purchase from a MVSIPL retail store, you grant us the permission to collect, use, copy, transmit, store and back-up your Personal Data for purposes of the Services and/or for any other purpose(s) as contemplated by the Policy and the Terms. This is subject to the restrictions in Clause 16 of this Policy.
3.2 The purposes for which Personal Data may be used by us include:
(a) to enable you to access and use our Platform and interact with Third Party service providers engaged by MVSIPL on the Platform;
(b) ensuring that the content of the Platform is presented in the most effective manner for you and for your computers and other devices;
(c) providing you with alerts, newsletters, materials or information that you have requested or signed up to;
(d) carrying out our obligations arising from any contracts entered into between you and us;
(e) allowing you to participate in interactive features of our Platform, including access to your online and in-store purchase history, when you choose to do so;
(f) complying with the Applicable Laws and regulations;
(g) for legal proceedings, including collecting overdue amounts and seeking professional advice;
(h) improving and furthering our Services, subject to your exercise of the Opt-Out;
(i) informing you about our latest deals, products, Services, updates and special offers and for promotion and marketing purposes;
(j) resolving disputes; troubleshooting problems; measuring your interest in the Services provided by us;
(k) customizing your experience; detecting and protecting us against error, fraud and other criminal activity;
(l) enforcing the Terms;
(m) providing customer service or respond to your inquiries;
(n) sending service or support messages, security alerts, MVSIPL Account notifications, updates etc.;
(o) optimizing the Platform and improve our business (including developing new products and services);
(p) communicating with you about, and administer your participation in, special events, contests, sweepstakes, loyalty programs, surveys and other offers;
(q) improving Customer experience and customizing your experience;
(r) improving our marketing and promotional efforts, to analyze site usage, create a profile about you based on the information you provide to us in order to tailor our advertisements to your interests, improve our Services, content and Service offerings, and customize the Platform's content, layout, and Services; and
(s) purposes directly related or incidental to any of the above.
4. Disclosure of Your Personal Data
4.1 Personal Data will also be used to facilitate communication, and processing of internal administrative and record keeping. We do not rent lists, sell or otherwise disclose Personal Data we collected from you, except as described herein. We will keep the Personal Data we hold confidential and take steps to prevent unauthorized disclosures of the same to the best of our ability. However, you agree we may disclose such information to:
(a) our personnel, employees, agents, advisers, auditors, contractors, financial institutions, and service providers to the extent reasonably necessary for the provision and maintenance of the Services or in connection with any of our operations. Please note that we do not authorize such agents, advisors, auditors, contractors, financial institutions, and service providers to use or disclose the information except as necessary to perform Services on our behalf or to comply with legal requirements;
(b) our overseas offices, affiliates, business partners and counterparts (if any);
(c) the requisite persons in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms or the Policy;
(d) persons under a duty of confidentiality to us;
(e) persons to whom we are required to make disclosure to comply with Applicable Laws, a court order, a request from law enforcement or other legal process;
(f) transfer Personal Data about you if we are acquired by or merged with another company.
(g) from time to time, to reveal general statistical information about our Platform and visitors, such as number of visitors, number and type of products and Services purchased, etc; or
(h) actual or proposed transferees or participants of our Services.
4.2 All your activity from the time you logon until you logoff is encrypted with an SSL certificate to ensure it remains private. We neither capture nor store your credit/debit card information. To make payment for purchases via our online store, you enter your credit/debit card/remittance information on the secure payment sites of PayU, PayPal, Innoviti, PineLabs, PayTM, or any other payment gateway that we may use in the future.
4.3 Further, you agree that we may share your Personal Data for the following activities with from time-to-time:
(a) Advertisements
When you access the Platform, use our Services or enter Personal Data on the Platform, such Personal Data is used by us in accordance with the terms of this Policy. We may also aggregate (gather up data of all Customers) information and disclose such information in a non-personally identifiable manner to advertisers and other Third Parties for other marketing and promotional purposes. We don’t share Personal Data that personally identifies you with advertisers, such as your name or email, unless you ask us to.
(b) Posting to Public Forums
Please remember that if you post any of your Personal Data in public forums of the Platform, such information may be collected and used by others over whom we have no control. You are to please note that these posts may be made available in the public domain
4.4 Provided that we may share your Personal Data without obtaining your prior consent with: (i) Government Authorities mandated under the Applicable Laws to obtain information including Personal Data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences; and (ii) any Third Party by an order under the Applicable Laws for the time being in force.
5. Change of Purpose
5.1 We will only use your Personal Data for the purposes for which we collect it as specified above, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose. If you wish to get an explanation on as to how the processing for the new purpose is compatible with the original purpose, please contact us at service@forestessentialsindia.com.
5.2 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.
6. Use of Cookies and Similar Technology
6.1 We may automatically track certain information about you based upon your behaviour on our Platform or while accessing our Services. You agree that we may use such information to do internal research on our Customers' demographics, interests, and behaviour to better understand, protect and serve our Customers. This information is compiled and analysed on an aggregated basis.
6.2 Cookies are small text files of letters and numbers that record your preferences to uniquely identify your browser and are stored on your browser or the hard drive of your computer or other device if you agree ("Cookies").
6.3 The Platform uses Cookies to distinguish you from other Customers using the Platform. This helps us to provide you with a good experience when you browse the Platform and also allows us to improve the Platform. By continuing to browse the Platform, you are agreeing to our use of Cookies. Usage of a Cookie is in no way linked to any personally identifiable information on our Platform.
6.4 We use the following Cookies:
(a) Strictly necessary Cookies. These are Cookies that are required for the operation of the Platform. They include, for example, Cookies that enable you to log into secure areas of the Platform or make use of e-billing services. Please note that without these cookies, your user experience on the Platform may be impacted.
(b) Analytical/performance Cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps us to improve the way the Platform works (for example, by ensuring that Customers are finding what they are looking for easily).
(c) Functionality cookies. These are used to recognize you when you return to the Platform. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
(d) Commercial Cookies. These are used to display personalized advertisements on our websites as well as other Third Party websites. This is based on browsing activities and enables us to understand what destinations you are searching for or the accommodations you have viewed.
6.5 Please note that Third Parties (including, for example, advertising networks and providers of external services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
6.6 We may use certain Third Party web analytics services on the Platform such as Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use the Platform. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the Platform. These analytic services may use the data collected to contextualize and personalize the marketing materials of their own advertising network.