Privacy Policy


Privacy Policy Overview

By browsing and/ or using this website, you agree to have read and understood the terms and conditions recorded in this Privacy Policy. Further, when utilising the services offered by this website, you will be asked to explicitly give your consent by clicking on the "I accept/ I agree/ I authorize" tab. On your acceptance, the terms and conditions of this Privacy Policy will manage and regulate your information and/ or other related data shared with us for the transaction. The terms and conditions stipulated herein shall be binding between you and Empyrean Skyview Projects Private Limited (“ESPPL”).

This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder and other applicable laws prevailing in India. This Privacy Policy does not require any physical, electronic or digital signature.

This Privacy Policy shall be read in accordance with the provisions stipulated in the Information Technology (reasonable security practices, procedures, and sensitive personal data of information) Rules, 2011 (as amended from time to time) under the IT Act.
Except as otherwise noted in this Privacy Policy, the same shall also be read in accordance with European Union General Data Protection Regulation (“EU GDPR”).

By providing us your information or by making use of the facilities provided by this website, you hereby unconditionally consent to the collection, storage, processing, and transfer of any or all of your personal information and non-personal information by ESPPL, as specified under this Privacy Policy. Further, you hereby undertake that such collection, use, storage, and transfer of your information shall not cause any loss to ESPPL or wrongful gain to you or any other person.

ESPPL is concerned about the privacy of the data and information of users (including buyers/customers whether registered or non-registered) accessing or availing services on ESPPL's website i.e. http://www.skyviewpatnitop.com/, mobile sites or mobile applications on this website and otherwise doing business with ESPPL.


Eligibility

Only users who are sixteen (16) years of age or older may use the services provided on this Website. If you are under sixteen (16) years of age and you wish to download, install, access or use the services provided on the said Website, your parents or legal guardian must acknowledge and agree to the terms of this Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the terms of this Privacy Policy, you shall immediately discontinue its use.

The ESPPL reserves the right to refuse access to use the services offered if it is brought to ESPPL’s notice or if it is discovered that you are under the age of sixteen (16) years.


Information and Storage

The information (which shall also include data) provided by you to ESPPL or collected from you by ESPPL, during the course of making an online transaction, and/ or registering yourself on the website, may consist of the following: name, address, telephone number, email address or other contact information, date of birth, gender, information regarding your transaction over this website, financial information such as bank account information or credit card or debit card or other payment instrument details, internet protocol address, any other items of "sensitive personal data or information" as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000, identification code of your communication device which you use to access this website, and any other information that you provide during your registration or account opening process, if any, on this website.

The aforesaid information may be collected in various ways, including but not limited to, during the course of you registering as a user on this website, availing certain services/ facilities offered on this website or even by way of accessing the instant website.

The aforesaid information may also be obtained from third party websites, such as social media services, commercially available sources, and business partners. If you access this website through a social media service or connect a service on this Website to a social media service, the information we collect, includes your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. Further, you undertake that by accessing this website, through social media services, you authorize ESPPL to collect, store, use, and retain such information and content in accordance with this Privacy Policy.

ESPPL may also collect information other than your personal information through this website. Such information may be stored in server logs. Such non-personal information would include but shall not be limited to:

  1. Your geographic location
  2. Details of your telecom service provider or internet service provider
  3. The type of internet browser you use
  4. The operating system of your device and your browsing history
  5. The duration of your stay on this website is also stored in the session along with the date and time of your access.


Non-personal information may be collected through the use of cookies. ESPPL may store temporary or permanent cookies on your computer. "Cookies" are small files placed on your hard drive that would assist ESPPL in providing our services. ESPPL offers certain features that are only available through the use of a "cookie". ESPPL also uses cookies to allow you to enter your password, less frequently during a session. Cookies would help ESPPL to provide information that is targeted to your interests. Most cookies are "session cookies" meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on this website and you may be required to re-enter your password more frequently during a session. You can erase or choose to block these cookies from your computer. You can configure your computer’s browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. If you have turned cookies off, you may be prevented from using certain features of this website. Additionally, you may encounter "cookies" or other similar devices on certain pages of this website that are placed by third parties. We do not control the use of cookies by third parties.

You hereby represent to ESPPL that:

  1. The information provided by you to ESPPL from time to time is, and shall be authentic, correct, current, and updated and you have all the rights, permissions, and consents as may be required to provide such information to ESPPL.
  2. The information provided by you to ESPPL, and ESPPL's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third-party agreement, laws, charter documents, judgments, orders and decrees.


ESPPL and each of ESPPL’s officers, directors, contractors or agents shall not be held responsible for the authenticity of the information that you or any other user provide to ESPPL. You shall indemnify and hold harmless ESPPL and each of ESPPL’s officers, directors, contractors and/or agents and/or any third party relying on the information provided by you in the event you are in breach of this Privacy Policy including this provision and the immediately preceding provision above.

Your information will primarily be stored in electronic form, however, certain data can also be stored in physical form. We may store, collect, process, and use your data in countries other than India but under compliance with applicable laws. We may enter into agreements with third parties (within or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercially reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.

ESPPL does not intend to collect or otherwise process any sensitive personal information for legitimate purpose and in the event same is used, ESPPL undertakes to use the information in accordance with applicable law.

ESPPL does not collect or otherwise process personal information about race, religion, sexual orientation or health or any other information that may be deemed to be sensitive under EU-GDPR guidelines.


Purpose of Collecting Information

ESPPL collects, uses, stores, and processes your information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of ESPPL and shall include the following:

  1. To facilitate your use of this website or other services of ESPPL.
  2. To respond to your inquiries or fulfil your requests for information about the various services offered on this website.
  3. To provide you with information about services available on this website and to send you information, materials, and promotional offers from ESPPL.
  4. To send you important information regarding this website, changes in terms and conditions, user agreements, and policies and/or other administrative information.
  5. To send you surveys and marketing communications that ESPPL believes may be of interest to you.
  6. To personalize your experience on this Website by presenting advertisements, products and offers tailored to your preferences.
  7. To help you address your problems faced on this Website including addressing any technical problems.
  8. If you avail of any service from this Website, to complete and fulfil your purchase, for example, to have your payments processed, communicate with you regarding your purchase and provide you with related customer service.
  9. For proper administering of this Website.
  10. To conduct internal reviews and data analysis for this website (e.g., to determine the number of visitors to specific pages within this website).
  11. To improve the services, content and advertising on this website.
  12. To provide value added services.
  13. To facilitate various programmes and initiatives launched by ESPPL or third-party service providers and business associates.
  14. To analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments.
  15. To conducting academic research and surveys.
  16. To protect the integrity of this website.
  17. To respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
  18. To conduct analytical studies on various aspects including user behaviour, user preferences etc.
  19. To permit third parties who may need to contact users who have transacted through this website to facilitate installation, service and any other product related support.
  20. To implement information security measures.
  21. To determine any security breaches, computer contaminant or computer virus.
  22. To investigate, prevent, or take action regarding illegal activities and suspected fraud.
  23. To undertake forensics of the concerned computer resource as a part of investigation or internal audit.
  24. To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law/guidelines including the IIT Act and EU GDPR that is likely to have an adverse impact on the services provided on any website or by ESPPL.
  25. To enable a potential buyer or investor to evaluate the business of ESPPL.

The above are collectively referred to as “Purposes”.

You hereby agree and acknowledge that the information so collected is for lawful purpose connected with a function or activity of ESPPL or any person on their respective behalf, and the collection of information is necessary for the Purposes.


Security

The security of your information is important to us. ESPPL strives to ensure the security of personal information and to protect your personal information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, ESPPL adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where ESPPL stores your personal information. ESPPL shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of your information. Provided that your right to claim damages shall be limited to the right to claim only statutory damages under IT Act and EU GDPR guidelines and you hereby waive and release ESPPL from any claim of damages under contract or under tort.

If you choose a payment gateway to complete any transaction on this website, then your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).

We may share your information with third parties under a confidentiality arrangement which inter alia provides for that such third parties not disclosing the information further unless such disclosure is for the Purposes. However, ESPPL is not responsible for any breach of security or for any actions of any third parties that receive your personal information. ESPPL is not liable for any loss or injury caused to you as a result of you providing your personal information to third party (including any third-party websites, even if links to such third-party websites are provided on this Website).

We may implement technical and organizational security measures to protect your information. Please ensure that any personal information that you send to us is sent securely.

In certain instances, we may transfer certain information in a non-human readable format to provide protection. However, we cannot guarantee there will not be a breach, and we are not responsible for any breach of security or for the actions of any third parties.

Not with standing anything contained in this Privacy Policy or elsewhere, ESPPL shall not be held responsible for any loss, damage or misuse of your personal information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below). A “Force Majeure Event” shall mean any event that is beyond the reasonable control of ESPPL and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption, power or electricity failure or unavailability of adequate power or electricity.

While we will endeavour to take all reasonable and appropriate steps to keep secured any personal information which we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secured and that we cannot provide any absolute assurance regarding the security of your personal information. Please note that ensuring security of your information is only an endeavour and shall not be construed as an obligation on the part of ESPPL. You agree and acknowledge that the information available/collected online runs an inherent risk of being stolen or leaked or infringed.

Because the internet is an open system, the transmission of information via the internet is not completely secured. Although we will implement reasonable measures to protect your information, we cannot guarantee the security of your data transmitted to us using the internet. Any such transmission is at your own risk and you are responsible for ensuring that any personal information that you send to us are sent securely.

You agree that all personal information shall be retained till such time required in reasonable view of ESPPL. Non-personal information will be retained indefinitely.


Sharing and Disclosure

You hereby unconditionally agree and permit that ESPPL may transfer, share, disclose or part with all or any of your information, within and outside of the Republic of India to any third-party service providers / partners / collaborators / associates / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case, we will contractually oblige the receiving parties of the information to ensure the same level of data protection that is adhered to by ESPPL under the applicable law.

6.2 ESPPL may share statistical data and other details without your express or implied consent to facilitate various programmes or initiatives launched by ESPPL, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. ESPPL may transfer / disclose / share information to those parties who support our business, such as providing technical infrastructure services, analysing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third-party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Notwithstanding the above, ESPPL uses other third parties such as a credit/ debit card processing company, payment gateway, wallet companies, pre-paid cards etc. to enable you to make payments for availing services from ESPPL. When you sign up for these services, you may have the ability to save your card details for future reference and faster future payments. In such case, we may share your relevant personal information as necessary for the third parties to provide such services, including but not limited to your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties’ policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments.

We may also share personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.

We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.

You further agree that such disclosure, sharing, and transfer of your information shall not cause any wrongful loss to you or to any third party, or any wrongful gain to us or to any third party.


Third Party Websites

Links to third-party advertisements, third-party websites and/or any third party electronic communication service may be provided on this website which are operated by third parties and are not controlled by, or affiliated to, or associated by/ with ESPPL, unless expressly specified on this website.

We are not responsible for any form of transmission, whatsoever, received by you from any third-party website. Accordingly, ESPPL does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third-party websites, nor does ESPPL control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third-party websites. The inclusion or exclusion does not imply any endorsement by ESPPL of the third-party websites, the website’s provider, or the information on the website. The information provided by you to such third-party websites shall be governed in accordance with the privacy policies of such third-party websites and it is recommended that you review the privacy policy of such third-party websites prior to using such websites.


International Transfers of Information

Because of the international nature of our business, we may need to transfer your information with our group companies and to third parties, in connection with the purposes set out in this Privacy Policy. For this reason, we may transfer your information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

If you are a European (EU) resident with a privacy related complaint, concern or question about ESPPL’s privacy practices, please contact us by writing to feedback@skyviewpatnitop.com and we will respond within a reasonable time after receiving your request.

Data Accuracy

ESPPL shall take every reasonable step to ensure that your information that is processed, is accurate and, where necessary, kept up to date, and any of your information that we process that you inform us is inaccurate (having regard to the purposes for which they are processed) is erased or rectified.


Data Minimisation

ESPPL shall take every reasonable step to ensure that your information that is processed is limited to the information reasonably necessary in connection with the purposes set out in this Privacy Policy or as required to provide you services or access to the services available on this Website.


Data Retention

ESPPL shall take every reasonable step to ensure that your information is only retained as long as they are needed. The criteria for determining the duration for which ESPPL will keep your information are as follows:

  1. We will retain copies of your information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Privacy Policy, unless applicable law requires a longer retention period.
  2. Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfil a legitimate business need.



Discretion

You agree and acknowledge that you are providing your information out of your free will. You have an option not to provide or permit ESPPL to collect your personal information or later on withdraw your consent with respect to such personal information so provided herein by sending an email to the grievance officer or such other electronic address of ESPPL as may appear on this website. In such case, you should neither visit this website nor use any services provided by ESPPL. Further, ESPPL may deny you access from using certain services offered on this website.

You can add or update your personal information on regular basis. Kindly note that ESPPL would retain your previous personal information in its records.

You can also directly take steps to unsubscribe to the newsletters that you receive from us. Please allow thirty (30) to forty-five (45) business days for change to take effect. On some services, pertaining to transactional communication, you may continue to receive emails as a part of the services availed on this website. If you are an EU resident, you may have certain rights including: the right not to provide your personal information to us; the right to access your personal information; the right to request erasure or restricting of Processing of your personal information; the right to have your personal information transferred to another controller; the right to withdraw your consent; and the right to lodge complaints with supervisory authorities. We may require proof of or need to verify your identity before we can give effect to these rights.


Grievance Officer

If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure, and transfer of your information under this Privacy Policy or any terms of ESPPL’s terms of use, term of sale and other terms and conditions or polices of ESPPL, please contact at feedback@skyviewpatnitop.com.

If you are an EU resident, you may contact our Data Protection Officer at itsupport@skyviewpatnitop.com.


Changes to the Privacy Policy

From time to time, we may make changes to this Privacy Policy. Please check our Privacy Policy on a regular basis.