The Bytes

Privacy Policy

This document is an electronic record in terms of 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.

For the purpose of these Privacy policies, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits our platform, either just for the purpose of browsing www.the-bytes.com (our “Website”) website or the Bytes app to buy our product. The term “We”, “Us”, “Our” shall mean Foodvista India Private Limited.

Definitions

“App(s)” shall mean applications for mobile and includes Bytes App.

“Device(s)” shall mean a desktop computer, laptop computer, tablet, mobile phone, smart watch or such other electronic equipment.

“Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action or any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.

“Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number and email address disclosed by you in relation to the services available on the Platform.

“Sensitive personal data or information” consists of information relating to the following:

passwords;
financial information such as bank account or credit card or debit card or other payment instrument details;
physical, physiological and mental health condition;
sexual orientation;
medical records and history;
Biometric information;
any detail relating to the above clauses as provided to body corporate for providing service; and
any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

“Third Party” refers to any person or entity other than you or us.

SECTION 1 – INFORMATION ACCESS

1.1 Access to the Product & Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Product & Services) that we provide on our Website/ App/Marketplace/Product/Services by notifying the same on our Website/App/Marketplace/Product/Services from time to time without prior notice to you. We will not be liable, if for any reason our Website/App/Marketplace/Product/Services or the Product & Services (or any features within the Product & Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App/Marketplace/Product/Services, or our entire Website/App/Marketplace/Product/Services, to Users who have registered with us.

1.2 Bytes grants you permission to use the Product & Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Product & Services in any medium or in any manner whatsoever without Bytes’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Product & Services other than as may be reasonably necessary to use the Product & Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

1.3 In order to access the Product & Services, you will need to register on the Website/ App and create a “Member” account. Your account gives you access to the Product & Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.

1.4 By using the Product & Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Product & Services under applicable laws ; and (e) you may use the Website/ App or such other Product & Services provided through the Website/ App only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. 1.5 We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website/App. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.

1.6 You must provide your full legal name, date/month/year of birth and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Product & Services. The information provided by you may be shared by us with any third party for providing the Product & Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.

1.7 You are responsible for making all arrangements necessary for you to have access to our Website/App/Marketplace and thereby the Product & Services. You are also responsible for ensuring that any persons who access our Website/App/Marketplace/Product/Services and thereby the Product & Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Bytes for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

1.8 Bytes reserves the right to refuse access to use the Product & Services offered at the Website/ App/Marketplace/Product/Services to new Users or to terminate access granted to existing Users at any time without any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by Bytes from using the Website/App/Marketplace/Product/Services or Product & Services for any reason whatsoever

SECTION 2: MEMBERSHIP/REGISTRATION/SUBSCRIPTION FOR PRODUCT & SERVICES

2.1 Once you complete registration on the Website/App, you will be a member which:

allows you to access and post content on the Website/ App/Marketplace/Product/Services;
allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App or describing new Product & Services that we enable on the Website/App;
allows you to access and purchase Products on the Marketplace, subject to the terms and conditions set out herein;
allows you to make use of the Product & Services on the Website/ App subject to these terms and conditions;
does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.

2.2 By providing Bytes your email address/ phone number you consent to:

our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications via email/mobile number or entirely.
We use the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating to your progress on the App and the usage of our Product & Services, and relating to any new promotions and sales opportunities on the App.
Our use of your email address, home address, phone number and other ancillary information to fulfil the orders placed by you.
Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at: support@the-bytes.com. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

SECTION 3 – CONSENT

3.1 When You provide Us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, it is deemed that You have consented to the use of your personal information by Us to carry out the transaction as requested.

3.2 In the course of business, if your personal information for any secondary reason, We shall specify the reason for requiring such information. Upon such request, You shall have the option to refrain from revealing such information to Us.

3.3 If after You consent, either impliedly or expressly, for your personal information to be used by Us, You change your mind, You may withdraw your consent for Us to contact You, for the continued collection, use or disclosure of your information, at any time. Such withdrawal of consent shall be communicated to Us either through an email at support@the-bytes.com or by contacting Us at our corporate office.

SECTION 4 – DISCLAIMER

You expressly acknowledge and agree that you are installing and using the app at your own risk. The app and all data and content provided through the app is provided “as is”, “with all faults” and without warranty, terms or conditions of any kind. The company and each of its licensees, affiliates and authorized representatives (the “parties” or “party’) expressly and specifically disclaim all warranties, terms or conditions, whether express or implied, including, but not limited to, any implied warranties of merchantability, satisfactory quality, non-infringement and fitness for a general or particular purpose with respect to the app and content or those arising from course of dealing or usage of trade. The company cannot and does not warrant that the app will operate without interruptions, that it will be free from viruses and errors, or that the app will not interfere with the functioning of other software or programs installed on your cellular mobile device and will meet your requirements. No oral, written or electronic information or advice given by any party shall create any warranty, term or condition with respect to the app or otherwise.

The app may be subject to breaches of security and the company shall not be held responsible for any resulting damage to any user’s device from any such breach including but not limited to any virus, bugs, tampering, unauthorized, intervention, omission, deletion, defect.

The company provides no assurance that any specific errors or discrepancies will be corrected.

The company is not liable for any network faults or downtime in network product & services. You agree and acknowledge that relay of text messages is network dependant and company is not responsible for any messages failing to reach their intended recipients.

The app uses the read only memory (rom) of your cellular mobile phone to function efficiently and effectively. You agree and acknowledge that the app might automatically hibernate or go into stand by mode is the rom on your cellular mobile phone is insufficient to run the oem apps and functions. The company is not responsible for the app hibernating and you agree that you are solely responsible to keep your cellular mobile phone optimized.
It is possible that the app may get locked or stop working if the data on your cellular mobile phone causes your phone to crash or requires the operating software to be reinstalled. The company is not liable or responsible to you in any manner whatsoever for such an occurrence

SECTION 5 - THIRD-PARTY SERVICES

5.1 We may engage the services of third parties to help us serve Our customers better. In general, the third-party services providers engaged by Us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to Us.

5.2 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information We are required to provide to them for your purchase-related transactions and

We recommend that You read their privacy policies so You can understand the manner in which your personal information will be handled by these third party service providers.

5.3 In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

5.4 Once you leave Our website/App or are redirected to a third-party website or application, You are no longer governed by this Privacy Policy or our website’s Terms of Service.

5.5 When you click on third party links on Our Website, We are not responsible for the privacy practices of other sites and for the loss or consequential damage that may be caused to you and encourage You to read their privacy statements.

SECTION 6 – SECURITY

6.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

SECTION 7 - AGE OF CONSENT

7.1 By using this site, You represent that You are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

8.1 We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If We make material changes to this policy, We will notify You here that it has been updated, so that You are aware of what information We collect, how we use it, and under what circumstances, if any, We use and/or disclose it.

8.2 If our Website/App/Product/Services is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to You.

SECTION 9 – INFORMATION WE COLLECT AND HOW WE USE IT

9.1 We collect information on Visitors (Not registered with us):

Your IP Address;
Your location;
How you behave on the Website, (what pages you land on, how much time you spend, etc.);
What device you use to access the Website and its details (model, operating system, etc.); and
Cookies and web data.

9.2 We collect information on Registered Users:

Your name, age, gender, phone number, e-mail address, mailing address;
Your height, weight;
Your lifestyle, food preferences, medical conditions (if any), health goals or other fitness regimes;
Your ethnicity, genetics, health or sexual orientation;
Username or other relevant unique identifier;
How you behave on the Website, (what pages you land on, how much time you spend, etc.);
Credit card/debit card/other payment mode information to facilitate payments for our Product & Services;
Your IP Address;
Your location unless you deactivate location Product & Services in the relevant section of the Website/App;
How you behave in the relevant product environment and use the features;
What device you use to access the Website/App and its details (model, operating system, etc.); and
Cookies and web beacon data.

9.3 We use this information of Visitors for:

to analyse and identify your behaviour and enhance the interactions you have with the Website.
If you submit your details and give us your consent, we may use your data to send you emails/newsletters, re-target Bytes advertisements or re-market our Product & Services using Product & Services from third-parties like Facebook and Google.

9.4 We use informations of Registered Users for:

We collect this data in order to help you register for and facilitate provision of our Product & Services.

We use this data to show age appropriate content and advertisements.
We use this data to track your nutrition, weight and fitness regimes.
We use the data from the device you access our Website/App to identify the login information of multiple users from the same device.
We use this data to prepare a specific diet plan and training regime for you.
We use this data to enable you to make payments for our Product & Services. We use a third-party service provider to manage payment processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of payment processing on our behalf
We use this data for processing your requests, enquiries and complaints, customer Product & Services and related activities.
We use this data to communicate about existing or new offers, content, advertisements, surveys, key policies or other administrative information.
We also use this data to provide you with informative features and Product & Services that are developed by us from time to time.
We also use this data for providing, testing, improving, or recommending the Product & Services.
We also use this data for analytics and reviews to improve the Product & Services.
We also use this data to provide support to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law or anti-fraud activities/systems.
If you give us your consent, we may send you newsletters and emails to market other products and Product & Services we may provide.

SECTION 10 – ACCOUNT DELETION

10.1 – Customer willing to delete his/her account can send a mail to support@the-bytes.com

10.2 – Customer profile will be deleted from our database, which also includes, Name, email, DOB, Address, Orders, Payment details including other personal information if any.

10.3 – In all matters relating to account deletion, the decision of Bytes shall be final and binding and by participating in the offer, the participants agree to be bound by the terms and conditions contained herein

SECTION 11 – DATA SECURITY PRECAUTIONS

11.1 We have in place appropriate technical and security measures to secure the information collected by us.

11.2 We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

SECTION 12 – CONTENT

12.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Product & Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Product & Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which Bytes may suffer). Bytes exercises no control over the content posted on the Website/ App using the Product & Services. Your use of the content accessed or displayed using the Product & Services is entirely at your own risk.

12.2 A search using the Product & Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability or responsibility for any such content. It is also possible that your use of the Product & Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. Bytes hereby disclaims any and all responsibility and liability associated with the same.

12.3 You acknowledge and agree that Bytes is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

12.4 You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Product & Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Product & Services.

12.5 You understand that the technical processing and transmission of the Product & Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

12.6 You hereby acknowledge and understand that as a part of selling products on the Marketplace, various vendors may post images, descriptions and other content. We as Bytes are independent aggregators of these vendors and will have no liability in relation to such content posted by the said vendors, including without limitation, in terms of the authenticity or reliability of such content, in any manner whatsoever.

SECTION 13 – COOKIES

13.1 Our Bytes Platform and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

13.2 Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

Authenticating users.
Remembering user preferences and settings.
Determining the popularity of content.
Delivering and measuring the effectiveness of advertising campaigns
Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services.
A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.

13.3 To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section.

13.4 We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the Bytes Platform and use our Services, as well as when you visit other online sites and services.

13.5 Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

13.6 We use cookies to see which parts of our Website are used by Registered Users/Visitors and to record the number of visits to our Website.

You can find more information about cookies at: www.allaboutcookies.org

SECTION 14 – USES OF YOUR INFORMATION

We use the information we collect for following purposes, including:To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your Bytes account.
To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services.
To administer and enhance the security of our Bytes Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services.
To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries.
To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
To allow you to participate in interactive features of our Services, if any or
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
If you are a partner restaurant or merchant or delivery partner, to track the progress of delivery or status of the order placed by our customers.
to carry out academic research with academic partners.
We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.
We analyse the log files of our Bytes Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.

SECTION 15 – YOUR CONSENT

15.1 By using the Bytes Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Bytes Platform.

SECTION 16 – POLICY CHANGES

16.1 We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Bytes Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

SECTION 17 – LINKS TO OTHER WEBSITES

17.1 The Bytes Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. Bytes shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Bytes Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.

SECTION 18 - DISCLAIMER

18.1 You may cancel your Member Account at any time within 90 (ninety) days from the date of subscription of the Bytes Plan. In the event that you cancel your Member Account or the same is suspended or terminated by Bytes within the aforesaid period, we shall refund any license or subscription fees as below:

18.2 Refund request ETA 30 days – Refund of any license or subscription fees. The time might vary in case of any dispute at merchants or Users or Bytes.

18.3 Please note that the above charges will be adjusted after deducting a processing fee as applicable. The refund shall be processed in the manner/mode which is used to subscribe to the Bytes Plan within 30 (thirty) days from the date of cancellation.

18.4 For the avoidance of doubt, it is hereby clarified that there shall be no refunds or cancellations entertained or initiated in respect of Product purchases made by Users on the Marketplace (as defined in the terms of use).

SECTION 19 - Grievance Redressal Mechanism

19.1 If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at at support@the-bytes.com or write to our Grievance Officer at the following address

Sanket Kadam

Bytes Grievance Officer

80/2, Muneshwar Nagar,

Bommanahalli, Bengaluru, Karnataka 560034

Email address: support@the-bytes.com

Time: Monday – Friday (09:00 a.m. to 18:00 p.m.)

If you come across any abuse or violation of the Policy, please report to support@the-bytes.com

19.2 Please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer are given herein above.