THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW KIGA FOODS PRIVATE LIMITED (“KIGA FOODS”, “we”, “us”, “our”) USES AND PROTECTS THE PERSONAL INFORMATION AND CONFIDENTIAL INFORMATION THAT THE USER (AS DEFINED BELOW) PROVIDES TO US WHEN THE USER USES THIS WEBSITE https://kigafoods.in/ (HEREINAFTER REFERRED TO AS “THE WEBSITE”). THIS PRIVACY POLICY APPLIES ONLY TO PERSONAL INFORMATION AND CONFIDENTIAL INFORMATION COLLECTED ON THE WEBSITE. THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION COLLECTED BY US IN OTHER WAYS, INCLUDING OFFLINE INFORMATION. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE SERVICES OR ACCESS THE WEBSITE, THE USER AGREES TO THIS PRIVACY POLICY. IF THE USER DOES NOT AGREE TO THIS PRIVACY POLICY, THE USER MAY NOT AVAIL THE SERVICES OR ACCESS THE WEBSITE.

INTRODUCTION

We, KIGA FOODS PRIVATE LIMITED (“KIGA FOODS”, “we”, “us”, “our”), operate the website https://kigafoods.in/ (“Website”). The Website provides information about our products, franchise opportunities, and other related services. Users (“user”, “you”, “your”) can browse our menu, place orders, register for franchise opportunities, and interact with our services through the Website.

For the provisions of the Services, KIGA Foods shall collect certain Personal Information (defined below) of the Users. The User shall also share certain Confidential Information with KIGA Foods while availing the Services. We are committed to protecting such Personal Information and Confidential Information shared with us and have made this Privacy Policy to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information and Confidential Information. We recommend the Users to read this Privacy Policy carefully so that the Users understand our approach towards the use of their Personal Information and Confidential Information. We comply with the applicable data protection regulations including, in particular, the Digital Personal Data Protection Act, 2023 (DPDP) and, to the extent applicable, the EU General Data Protection Regulation (GDPR). KIGA Foods acts both as a Data Processor and Data Fiduciary/Controller as defined in the DPDP and the GDPR.

GOVERNING STATUTE

This Privacy Policy is governed by and is compliant with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect the Personal Information; and other applicable rules and regulations related to privacy.

PERSONAL INFORMATION COLLECTED

This Privacy Policy applies to Personal Information and Confidential Information collected and controlled by KIGA Foods, about the Users, when they use and register on the Website, for the Services. For availing the Services, the Users are required to share/upload certain Personal Information. For the purposes of this Privacy Policy:

• “Personal Information” means information that can be used to personally identify the User, including but not limited to the User’s name, e-mail address, contact number, address, debit/credit card details which may include without limitation card holder name, card number, card expiry date, bank details, bank account details, or other financial information, digital wallet details, any other details required under the applicable payment mechanism, and similar other information.

• “Confidential Information” shall mean any proprietary or sensitive information shared by the User in the course of using the Services, such as business plans, financial information, or other proprietary data.

The User undertakes that the User shall be solely responsible for the accuracy and truthfulness of the Personal Information shared with us. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that they have the necessary authority to share such Personal Information with KIGA Foods, and KIGA Foods shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

NON-PERSONAL INFORMATION COLLECTED

We collect the User’s Internet Protocol (“IP”) addresses when the User uses the Website to track and aggregate non-personal information. Non-personal information may include the device/browser name, the type of electronic device, manufacturer, make, model, unique ID of the electronic device, and technical information about the User’s means of connection to our Website, such as the operating system and the Internet service providers utilized, and other similar information. For example, we may use IP addresses to monitor the regions from which the User navigates our Website. The User understands that this information shall be non-personal information and could be used by KIGA Foods for its own business purposes.

LEGAL GROUNDS FOR PROCESSING PERSONAL INFORMATION

We may rely on the following lawful reasons when we collect and use Personal Information to operate our business and provide our Services:

• Contract: We may process Personal Information in order to perform our contractual obligations or take steps linked to a contract with you or your organization. This includes:

  • To register you as a user of KIGA Foods;
  • To provide, administer, and enhance services that we provide;
  • To enable secure transactions and process payments;
  • To send service-related communications, such as confirmations and support messages;
  • To offer personalized experiences, promotions, and content;
  • To detect and prevent fraudulent or unauthorized activities.

• Consent: We may rely on your freely given consent at the time you provided your Personal Information to us:

  • To provide you with information about our company and Services.

• Legitimate Interests: We may rely on legitimate interests based on our evaluation that the processing is fair, reasonable, and balanced. These include:

  • To administer and manage our relationship with you, including accounting, auditing, and taking other steps linked to the performance of our business relationship;
  • To analyze and improve our Services and communications;
  • To protect the security of our communications and other systems and to prevent and detect security threats, frauds, or other criminal or malicious activities;
  • To collect information about your preferences to personalize and improve the quality of our communications with you.

• Legal Obligations and Public Interest: We may process Personal Information in order to meet regulatory and public interest obligations, including maintaining records, compliance checks, or screening and recording (e.g., anti–money laundering, financial and credit checks, fraud and crime prevention and detection, trade sanctions, and embargo laws). This can include automated checks of Personal Information you provide about your identity against relevant databases and contacting you to confirm your identity or making records of our communications with you for compliance purposes.

USE OF PERSONAL INFORMATION

We shall use the Personal Information and Confidential Information in the following cases:

1. To provide the User with the Services and to assist the User in the event the User needs any additional support;
2. For creation or development of business intelligence or data analytics in relation to the Services provided by KIGA Foods;
3. To improve the Services;
4. To assist the User with technical difficulties that may arise in relation to the User’s use and access of the Website;
5. To manage our relationship with the User;
6. For internal record-keeping;
7. To comply with our legal or statutory obligations.

With your explicit consent, we may also use your Personal Information to send newsletters and other marketing communications to you about our products and Services. Your consent to receiving such communication can be withdrawn at any time by clicking ‘unsubscribe’ in the respective communication or by contacting us via email.

The Personal Information will be processed and used by us and any authorized bodies/third-parties we may engage with in accordance with applicable data protection legislation. Where required, we may share your Personal Information with third parties for payment processing, hosting, analytics, and customer support.

Where possible, your Personal Information will be shared in an anonymized and aggregated form to protect your privacy.

We will retain Personal Information only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by law.

DISCLOSURE

We do not sell, rent, share, distribute, lease, or otherwise provide the User’s Personal Information to third parties without the User’s prior consent. Keeping this in mind, the User understands and agrees that we may disclose the User’s Personal Information in the following cases:

• Administrators: We may provide access to the User’s Personal Information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.
• Affiliates: We may provide the Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to the User’s requests for information or the Services.
• Advertisements and Promotions: We may provide the Personal Information collected through the Website to our Service Providers for advertisement and promotional purposes.
• Service Providers: We may share the User’s Personal Information with service providers who are working with us in connection with the operation of the Services, Website, or other business functions, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy.
• Merger or Acquisition: We may transfer the User’s Personal Information if we are acquired by, acquire, or merge with another company or transfer a part of our business, including the Website, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, or business transfer shall have the right to continue to use the User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.
• Legal and Regulatory Authorities: We may be required to disclose the User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose the User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose the User’s Personal Information to (a) law enforcement officers or others; (b) to comply with a judicial proceeding, court order, or legal process served on us or the Website; (c) to enforce or apply this Privacy Policy or our other policies or agreements; (d) to respond to claims that any Personal Information violates the rights of third parties; (e) or protect the rights, property, or personal safety of KIGA Foods or the general public. The User agrees and acknowledges that we may not inform the User prior to or after disclosures made according to this section.

Notwithstanding anything mentioned hereinabove, KIGA Foods shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall KIGA Foods be responsible and/or liable for any additional information the User may choose to provide directly to any third party.

DATA RETENTION

We will retain the User’s Personal Information and Confidential Information for as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use the User’s Personal Information and Confidential Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

SECURITY

The User’s Personal Information and Confidential Information are stored securely using industry-standard practices. Although we implement appropriate security measures to protect your information, we cannot warrant the absolute security of any Personal Information or Confidential Information transmitted through our systems. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liabilities or responsibilities for it. The Users are required to be careful to avoid “phishing” scams, where someone may send the User an e-mail that looks like it is from KIGA Foods asking for the User’s personal information.

While availing the Services of the Website, the User may have an option to engage certain third-party agencies, software, or tools (“Third-Party Services”) for effective completion of services. In the event the User avails such Third-Party Services, KIGA Foods shall not be liable for any breach of confidentiality, acts, or omissions of such third-party agencies. It is clarified that KIGA Foods does not have any control over such Third-Party Services selected by the User, and the User has the right to discontinue such Third-Party Services.

YOUR DATA PROTECTION RIGHTS

You have rights that you can exercise under certain circumstances with respect to your Personal Information that we hold. To exercise your rights, please send an email to support@kigafoods.in.

Right to Access Your Personal Information

You have the right to request a copy of the Personal Information held by us as a data controller, which we will provide to you in an electronic form. At our discretion, we may require you to prove your identity before providing the requested information. We aim to respond to any requests for information promptly and, in any event, within the legally required time limit. No fee is required to make a request unless your request is clearly unfounded or excessive. Depending on the circumstances, we may be unable to comply with your request based on other lawful grounds.

Right to Amendment of Your Personal Information

You have the right to ask us to correct our records if you believe they contain incorrect or incomplete information about you. When feasible in practice, once we are informed that any Personal Information processed by us is no longer accurate, we shall make appropriate corrections based on your updated information.

Right to Withdraw Consent

If you have provided your consent to the collection, processing, and transfer of your Personal Information, you have the right to fully or partly withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us. The withdrawal of your consent will not affect the lawfulness of any processing carried out before you withdraw your consent.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing. To stop receiving emails from a KIGA Foods marketing list, please click on the ‘unsubscribe’ link in the email you received from us or use our contact form. Opting out of receiving marketing communications will not affect the processing of Personal Information for the provision of our Services.

Right to Erasure of Your Personal Information

You have the right to request that KIGA Foods deletes your Personal Information when the Personal Information is no longer necessary for the purposes for which it was collected, or when, among other things, your Personal Information has been unlawfully processed.

Right to Restriction of Processing

You have the right to request that we restrict our processing of your Personal Information where you believe such information to be inaccurate, our processing is unlawful, or where we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.

Right to Portability of Your Personal Information

You have the right to request that we transmit the Personal Information we hold in respect of you to another data controller, where this is Personal Information which you have provided to us and where we are processing that data on the basis of your consent or in order to perform our obligations under contract to you (such as to provide our Services).

Right to Object to Processing

Where the legal justification for our processing of your Personal Information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise, or defense of a legal claim.

Right to Lodge a Complaint with a Supervisory Authority

You have the right of appeal to a data protection supervisory authority if you believe that the processing of your Personal Information violates data protection law.

If you have provided your consent to the collection, processing, and transfer of your Personal Information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.

COOKIES

This Website uses cookies to improve the user experience and ensure that it is functioning effectively. Cookies are small text files that are downloaded to your device by visiting the Website. We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use essential cookies for site functionality, performance cookies to understand user interactions, functional cookies to remember your preferences, and advertising cookies to deliver relevant ads.

By using the Website, you consent to our use of cookies as outlined in this Privacy Policy. You can manage or disable cookies through your browser settings, though this may affect site functionality. For more details, please refer to our Privacy Policy.

INDEMNIFICATION

The User agrees to indemnify us, our subsidiaries, affiliates, officers, agents, and employees, and hold us harmless from and against any claims and demands, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) the accuracy and correctness of Personal Information and the Confidential Information that the User submits or shares through the Website; (ii) the User’s violation of this Privacy Policy.

LIMITATION OF LIABILITY

The User expressly understands and agrees that KIGA Foods shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, information, details, or other intangible losses (even if KIGA Foods has been advised of the possibility of such damages), arising out of this Privacy Policy.

RESERVATION OF RIGHTS

All rights not expressly granted in this Privacy Policy are reserved by KIGA Foods and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark, or other intellectual property right of KIGA Foods or any other person or to the User.

GOVERNING LAWS AND DISPUTES

This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising between the Users and KIGA Foods shall be submitted to arbitration to be conducted in Pune, India, in the English language, in accordance with the rules of the Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by KIGA Foods. The award made in pursuance thereof shall be binding on the Users and KIGA Foods. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that, subject to arbitration, the courts in Pune, India shall have exclusive jurisdiction over such disputes.

CHANGES TO THIS POLICY

We may update this Privacy Policy without notice to the User. The Users are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it.

CONTACT US

If the Users have any questions, concerns, or grievances regarding this Privacy Policy, the User can email us at our grievance email-address support@kigafoods.in.