Privacy Policy
Privacy Policy Overview
At NEOEARTH SUPERFOOD PRIVATE LIMITED (accessible from https://urbanorganicsuperfood.com/), the privacy of our visitors remains one of our main priorities. This Privacy Policy document details the types of information we collect. Furthermore, it also explains exactly how we record and use this information to improve your experience.
Account Security and User Credentials
We strictly prohibit users from sharing their company User ID and password. Violating this rule may result in immediate legal consequences. Our company assumes no liability for any misuse, mishandling, or unauthorized sharing of your User ID and password. You hold the complete responsibility to keep your login information confidential and secure at all times.
You are solely responsible for any unauthorized access or use of your account. Consequently, our company will not bear liability for any damages or losses resulting from these unauthorized actions. Therefore, we strongly advise all users to take the necessary measures to protect their account information. We recommend that you contact the company immediately for assistance if you notice any suspicious activity. By accessing and using your User ID and password, you acknowledge and agree to the terms and conditions set forth in this disclaimer.
Scope of This Privacy Policy
Please do not hesitate to contact us at support@urbanorganicsuperfood.com if you have additional questions. Additionally, you can also reach out if you require more information about our Privacy Policy. This Privacy Policy applies only to our online activities. It remains valid exclusively for visitors to our website regarding the information they share or collect on urbanorganicsuperfood.com. However, we do not apply this policy to any information we collect offline or via channels outside of this website.
Consent and Data Collection
By using our website, you hereby consent to our Privacy Policy and agree to its terms. We will always clearly explain the personal information we ask you to provide. Specifically, we will also clarify the reasons why we need this information at the exact point of request.
We may receive additional information about you if you contact us directly. This additional information can include your name, email address, and phone number. Moreover, it may also include the contents of any message or attachments you send us, alongside any other details you choose to provide. We may ask for your specific contact information when you register for an Account. These items include your name, company name, physical address, email address, and telephone number.
How We Use Your Information
We use the information we collect in various distinct ways. Primarily, we actively use your data to:
Provide, operate, and maintain our website.
Improve, personalize, and expand our digital platforms.
Understand and analyze exactly how you use our website.
Develop new products, services, features, and website functionality.
Communicate with you directly or through our trusted partners.
Provide essential customer service, website updates, and promotional marketing materials.
Send you relevant emails regarding your account or orders.
Find, identify, and actively prevent fraudulent activities.
Standard Log Files and Analytics
Our website follows a standard procedure involving the use of log files. These standard files log visitors when they navigate through websites. All hosting companies perform this action as a core part of hosting services analytics.
Log files collect standard information like internet protocol (IP) addresses and your browser type. In addition, they also log your Internet Service Provider (ISP), date and time stamps, referring/exit pages, and possibly your total number of clicks. We absolutely do not link these details to any personally identifiable information. Instead, we use this information strictly to analyze user trends and administer the site effectively. Finally, we also use it to track user movement on the website and gather broad demographic information.
Third-Party Privacy Policies and Cookies
The urbanorganicsuperfood.com Privacy Policy does not apply to other external advertisers or websites. Therefore, we strongly advise you to consult the respective Privacy Policies of these third-party ad servers. Reading their policies will give you more detailed information about their specific operations.
Their documents may include their practices and instructions on how to opt-out of certain options. Alternatively, you can actively choose to disable cookies through your individual browser options. Furthermore, you can find more detailed information about cookie management with specific web browsers directly on those browsers’ respective websites.
Data Protection Under Indian Consumer Laws
The Ministry of Consumer Affairs, Food & Public Distribution implemented new laws to strengthen consumer protection in the e-commerce space. The Government of India formally notified The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020. These critical legislative changes came into full force on July 20, 2020, and July 24, 2020, respectively.
The Rules strictly mandate all e-commerce entities to provide complete details regarding their products and sellers. Additionally, they also require companies to appoint a dedicated grievance officer for consumer dispute redressal. This officer must acknowledge any consumer complaint within forty-eight hours of receipt. The Act and the Rules provide well-defined provisions to actively empower consumers. Consequently, they also give enforcement agencies the authority to take quick and effective action against illicit trade.
The older Consumer Protection Act of 1986 provided a three-tier consumer dispute machinery. However, the new Act additionally requires the central government to set up a Central Consumer Protection Authority (CCPA). This authority includes an active investigation wing. Specifically, the CCPA holds the legal power to investigate, search, and seize evidence of any violations under the Act. Moreover, the Act also officially classifies certain grave offenses as cognizable and non-bailable offenses.
Salient Features of the Legal Provisions
1. Important Legal Definitions
The law defines a “consumer” as any person who buys any goods or hires any services. This definition includes offline or online transactions conducted through electronic means, teleshopping, or direct selling. Furthermore, the law defines “e-commerce” as the buying or selling of goods, services, or digital products over an electronic network. E-commerce entities include both Indian and foreign companies operating in the market. Additionally, “product liability” refers to the specific responsibility of a product manufacturer or seller. They must compensate for any harm caused to a consumer due to defective products or deficient services. Finally, the law defines “spurious goods” as products that sellers falsely claim to be genuine.
2. Fundamental Rights of the Consumer
The law guarantees several fundamental rights to the consumer. Fundamentally, consumers have the right to protection against the marketing of hazardous goods, products, or services. Therefore, sellers must inform consumers about the quality, quantity, potency, purity, and standard price of their goods. Likewise, consumers must receive assurance regarding access to a variety of goods and services at competitive prices. Furthermore, the law guarantees that appropriate forums will hear consumer complaints and consider consumer interests. Consumers hold the right to seek redressal against unfair trade practices or unscrupulous exploitation. Ultimately, the law also actively promotes general consumer awareness.
3. Applicability of the Rules
These rules apply directly to all goods and services bought or sold over a digital or electronic network. This broad applicability includes all models of e-commerce, such as marketplace and inventory models. Additionally, it covers all e-commerce retail operations, including multi-channel single-brand retailers. The rules cover all forms of unfair trade practices across every model of e-commerce. However, the Rules do not apply to the activities of a natural person carried out in a strictly personal capacity. Specifically, personal activities must not form part of any regular professional or commercial business.
4. Duties and Liabilities of E-Commerce Entities
The Rules mandate every e-commerce entity to prominently display details about their supplying sellers. Accordingly, businesses must provide their legal name, geographic address, website name, and contact email address. Moreover, they must clarify their business identity and accurately list the types of products they sell. If an e-commerce entity offers imported goods, it must openly mention the details of the specific importer. This vital information helps authorities easily track down entities dealing in spurious goods.
E-commerce platforms must appoint a nodal person of contact residing in India. Consequently, this designated functionary ensures strict compliance with the provisions of the Act. A grievance officer must acknowledge the receipt of any consumer complaint within forty-eight hours. Subsequently, the officer must completely redress the complaint within one month from the initial filing date.
Marketplace entities seeking liability exemption under the Information Technology Act must comply with specific statutory provisions. Every marketplace entity must take reasonable efforts to maintain a record of relevant seller information. As a result, this allows the platform to identify sellers who repeatedly offer prohibited goods or services. No seller offering goods through an e-commerce marketplace can legally refuse to take back defective products. Furthermore, they cannot refuse to refund the consumer if the supplied goods or services prove deficient or spurious.
5. Central Consumer Protection Authority (CCPA)
The central government successfully established the CCPA on July 29, 2020. Furthermore, the Consumer Protection Rules of 2020 completely govern this new authority. The main objective of the CCPA revolves around promoting, protecting, and enforcing consumer rights. As a result, the authority actively regulates matters related to unfair trade practices and misleading advertisements.
The CCPA maintains its primary headquarters within the National Capital Region of Delhi. Additionally, the Central Government holds the power to establish regional offices in other parts of the country. A Chief Commissioner heads the authority alongside two other dedicated commissioners. Specifically, one commissioner handles matters relating to physical goods, while the other investigates service-related cases.
The CCPA manages a dedicated Investigation Wing headed by a Director-General. Therefore, the authority can legally inquire into violations based on a consumer complaint or government direction. During an active investigation, authorized officers possess the power to enter any premises. They can legally search and seize documents, records, or articles as evidence. If the CCPA proves a violation, it can pass necessary orders like product recalls or price reimbursements. Moreover, the CCPA holds the strict power to impose severe penalties on manufacturers for misleading advertisements. They can fine a manufacturer up to Rs 10 lakh and mandate imprisonment for up to two years. Finally, for subsequent offenses, the fine may extend to Rs 50 lakh with a five-year prison sentence.
6. Punishments for Handling Spurious Goods
The law heavily penalizes anyone who manufactures, stores, sells, or imports spurious goods. Consequently, the legal system will punish individuals committing these acts based on the severity of the consumer injury.
If the spurious goods cause minor injury to the consumer, the court can enforce strict penalties. The guilty party faces imprisonment for up to one year and a fine reaching three lakh rupees. Conversely, if the goods cause grievous hurt, the penalty increases to a maximum of seven years in prison. The court can also impose a fine extending up to five lakh rupees. If the defective goods tragically result in the death of a consumer, the law demands severe justice. As a result, the guilty party will face a minimum of seven years in prison, which may extend to a life sentence. Additionally, the court will also mandate a fine of no less than ten lakh rupees.
The law clearly classifies offenses causing grievous hurt or death as cognizable and non-bailable. Furthermore, the court maintains the right to suspend the business license of the convicted person. They can suspend the license for up to two years during a first conviction. Finally, in the case of a second or subsequent conviction, the court will permanently cancel the license.