1.1. Yescart and its affiliates (collectively or individually, "YesCart", "we" or "us" take your privacy seriously. Depending on your location, the YesCart entity controlling your personal data will be I.O.T. Incorporation Private Limited.
1.7. All of these terms apply to YesCart's users, whether buyers or sellers, unless stated specifically to apply only to buyers or only to sellers.
2.1. Personal data means any information about an individual, whether recorded in a material form or not and whether true or not, who can be identified from that data (whether directly or indirectly), or from that data and other data to which we have or are likely to have access.
2.2. During the course of your use of the Platform and the provision of the Services, we may collect personal data about you, as follows:
(a) Where you are a buyer:
(i) Identity data, such as your name, gender, profile picture, and date of birth;
(ii) Contact data, such as billing address, delivery address, email address and phone numbers;
(iii) Biometric data, such as voice files when you use our voice search function, and facial and other bodily features and voice of yourself and/or another person featured in your video when you upload videos onto the Platform;
(iv) Account data, such as bank account details, bank statements, credit card details and payment details (such account data may also be collected directly by our affiliates and/or third party payment service providers);
(v) Transaction data, such as details about orders and payments, and other details of products and Services related to you;
(vi) Technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, IMEI, MAC address, cookies (where applicable) and other information and technology on the devices you use to access the Platform;
(vii) Profile data, such as your username and password, orders related to you, your interests, preferences, feedback and survey responses;
(viii) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform, including the time spent on the Platform, items and data searched for on the Platform, access times and dates, as well as websites you were visiting before you came to the Platform and other similar statistics;
(ix) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
(x) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties, your communication preferences and your chat, email or call history on the Platform or with third party customer service providers; and
(b) Where you are a seller:
(i) Identity and contact data, such as your name, date of birth or incorporation, company name, address, email address, phone number and other business-related information (e.g. company registration number, business licence, tax information, shareholder and director information, etc.);
(i) Account data, such as bank account details, bank statements, credit card details and payment details (such account data may also be collected directly by our affiliates and/or third party payment service providers);
(ii) Transaction data, such as details about orders and payments, and other details of products and Services related to you;
(iii) Technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, IMEI, MAC address, cookies (where applicable) and other information and technology on the devices you use to access the Platform;
(iv) Profile data, such as your username and password, orders related to you, your interests, preferences, feedback and survey responses;
(v) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform, including the time spent on the Platform, items and data searched for on the Platform, access times and dates, as well as websites you were visiting before you came to the Platform and other similar statistics;
(vi) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
(vii) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences and your chat, email or call history on the Platform or with our third party seller service providers; and
How we receive your personal data
2.3. During the course of your use of the Platform and our provision of the Services, we may receive personal data from you in the situations, as follows:
(a) When you browse our website (both mobile and web versions);
(b) When you create an account with us (as buyer or seller);
(c) When, as a seller, you list products and/or services for sale on the Platform and conduct transactions with buyers in respect of the sale and purchase of those products and/or services through the Platform;
(d) When you apply for, subscribe to or otherwise use any of the Services;
(e) When you make a transaction regarding the products available on the Platform;
(f) When you activate or use any payment-related functions available on the Platform or provided by our third party service providers;
(g) When you use any of the features, functions, mini-apps or mobile games available on the Platform or Services;
(h) When you record any user-generated content which is uploaded on the Platform;
(i) When you use the chat function on the Platform;
(j) When you subscribe to our publications or marketing collaterals;
(k) When you enter a competition, promotion or survey;
(l) When you participate in any activity or campaign on the Platform;
(m) When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;
(n) When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;
(o) When a third party lodges a complaint against you or the content you have posted on the Platform; and
(p) When you interact with us offline, including when you interact with our outsourced customer service agents.
2.4. We may collect personal data from you, third parties (including but not limited to agents, vendors, contractors, partners and any others who provide services to us, who collect your personal information and/or perform functions on our behalf, or with whom we collaborate, including but not limited to payment service providers, government sources of data, financial providers, credit bureaus, delivery, marketing and other service partners), our affiliates, or such data may be collected automatically when you use the Platform or the Services, as set out in this section. See also section 10 below on the collection of computer data.
2.6. You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation and carry out the necessary checks to verify the personal data provided by you as part of our user verification processes or as required under the applicable laws.
Purpose of Use
3.1. Subject to the applicable laws of Nepal, the personal data we collect from you or via third parties may be used for certain purposes, as follows:
(a) Where you are a buyer:
(i) Processing your order for products (whether sold by us or a third party seller)
(ii) Providing Services
(iii) Marketing and advertising
(iv) Legal and operational purposes
(v) Analytics, research, business and development
(b) Where you are a seller:
(i) Providing Services
(ii) Marketing and advertising
(iii) Legal and operational purposes
(iv) Analytics, research, business and development
Who we disclose your personal data to
3.2. We may share (or permit the sharing of) your personal data with and/or transfer your personal data to third parties and/or our affiliates for the above-mentioned purposes. These third parties and affiliates, which may be located inside or outside your jurisdiction, include but are not limited to:
(i) Service providers (such as agents, vendors, contractors and partners) in areas such as logistics and shipping, marketing, data analytics, market or consumer research, survey, payment services, social media, customer service, installation services, information technology and website hosting;
(ii) Their service providers and related companies; and
(iii) Other users of the Platform or Services.
3.4. We may also share personal data in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we satisfy the requirements of applicable data protection law when disclosing your personal data.
Third party services
4.1. You may communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your personal data by contacting us using the contact details below, subject to the conditions and/or limitations imposed by applicable laws or regulations.
4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure, storing or processing of your personal data for the purposes and in the manner as stated above or exercise your other rights as available under applicable local laws, we may not be in a position to continue to provide the Services to you or perform any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
4.3. You may unsubscribe from receiving marketing information at any time in our mobile application settings or by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
5.1. It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.
5.2. You can update your personal data anytime by accessing your account on the Platform.
5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
6.1. You may request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed, stored or processed by us via the personal account information setting on our Platform or by contacting us using the contact details below. You may also request correction of any error or omission in your personal data which we have collected in the same way. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request. Where permissible under law, we may refuse such correction requests if deemed vexatious or unreasonable.
7.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:
(a) Restricting access to personal data to individuals who require access;
(b) Maintaining technology products to prevent unauthorised computer access;
(c) Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details; and/or
(d) implementing other security measures as required by applicable law.
7.2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
8.1. We will only retain your personal data for as long as we are either required or permitted to by law or as relevant for the purposes for which it was collected.
8.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.
9.1. YesCart does not sell products to minors (which is to be determined based on the applicable law), nor does it intend to provide any of the Services or the use of the Platform to minors. We do not knowingly collect any personal data relating to minors.
9.4. We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.
10.2. When you visit the Platform through your computer, mobile device, or any other device with Internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website, such as the technical data and usage data outlined in Section 2 above.
10.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide, as well as to help us to personalise the content to match your preferred interests more quickly. The data is also collected to make the Services and the Platform more convenient and useful to you, and to provide more relevant advertising related to market products, services and features to you.
10.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognise a particular device or browser. Web beacons are small graphic images that may be included on our Services and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.
10.5. You may be able to manage and delete cookies through your browser or device settings. However, certain cookies are required to enable core functionality (such as adding items to your shopping basket), so please note that changing and deleting cookies may affect the functionality available on the Platform or through our Services.
11.1. The Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.
12.1. If you have any questions on personal data protection or data privacy, please refer to our list of frequently asked questions on data protection / privacy.
I.O.T. INCORPORATION PVT. LTD.
PANCHYAN MARGA , THAPATHALI, KATHMANDU 11
13.1. You may communicate your request to the blocking, removal or destruction of your personal data in the manner stated above at any time subject to the applicable laws.
13.4. Without prejudice to the other terms and conditions provided hereunder, your personal data shall be stored until your request to delete your personal data and/or deactivate your YesCart user account with us.