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Privacy Policy

THIS PRIVACY POLICY HAS BEEN DRAFTED AND PUBLISHED IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT, 2000; THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008; AND THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011. THIS PRIVACY POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS A USER OF THE PLATFORM, AND US, AS THE OWNER OF THE PLATFORM. YOU MUST BE A NATURAL PERSON.

  1. INTRODUCTION AND APPLICABILITY OF THE PRIVACY POLICY

1.1 Commitment to Privacy

We, at MAGICALSWAP PRIVATE LIMITED, are strongly committed to respecting your online privacy and recognize the need for appropriate protection and management of any personal information collected and/or collated by us. We understand the importance of safeguarding your personal data and ensure that all practices related to data handling align with legal obligations, including but not limited to those under the Information Technology Act, 2000, and its amendments.

1.2 Purpose of the Privacy Policy

The purpose of this Privacy Policy is to establish a clear framework that governs the collection, usage, protection, and management of personal and sensitive data collected by us. This Policy outlines our procedures for collecting, using, processing, disclosing, and safeguarding your information, as well as your rights regarding such data. It applies to all interactions and data exchanges made through the MAGICALSWAP PRIVATE LIMITED platform, whether you are browsing the platform, registering, or engaging in any activity offered on the platform.

1.3 Scope of this Privacy Policy

Any reference to "Privacy Policy" in this document shall mean and refer to the latest version of the Privacy Policy in force at any given time. This policy governs all forms of interaction on the platform, including but not limited to the website, mobile apps, and other associated services provided by MAGICALSWAP PRIVATE LIMITED. By using the platform, you acknowledge and agree to the terms set forth in this policy and any updates made to it in the future.

  1. DISCLAIMER

2.1 Collection, Use, and Processing of Information

By using the services provided on the Platform, you acknowledge and agree that any information (as defined herein) collected by MAGICALSWAP PRIVATE LIMITED shall be:

a. Processed in a Fair and Lawful Manner: All information shall be processed in a fair and lawful manner, strictly for the purposes of rendering the Services as outlined on the Platform ("Services").

b. Collected for Lawful Purposes: Information shall be obtained exclusively for specific and lawful purposes, and shall not be used in any manner that contravenes applicable law, including but not limited to the Information Technology Act, 2000 and other laws in force in India ("Applicable Law").

c. Relevant and Non-Excessive: The information collected shall be adequate, relevant, and not excessive in relation to the purpose for which it is gathered. Only the minimum necessary information shall be collected.

d. Accessible for Review and Updates: The collected information shall be available for review by the User, and shall be updated, where necessary, to ensure that it remains accurate and up-to-date.

e. Retained for Legitimate Purposes: The information shall not be retained for longer than is necessary to fulfill the purpose for which it was collected, or as required by applicable law. Any data retention beyond this period will be done in compliance with legal obligations.

A. Limitation of Liability for Disclosure

Notwithstanding anything to the contrary, MAGICALSWAP PRIVATE LIMITED shall not be held liable for any loss, damage, or consequences resulting from the disclosure (whether inadvertent or otherwise) of any personal or sensitive data, where such disclosure is:

(a) Required in accordance with applicable law, or in connection with the legitimate purposes of sharing information, including but not limited to legal or regulatory requirements, or

(b) Caused by any act, omission, or failure that is beyond the reasonable control of MAGICALSWAP PRIVATE LIMITED, and does not arise from negligence, willful misconduct, or failure to comply with the Privacy Policy by the Company.

B. User Acknowledgment and Consent

By accessing or using the Platform, you expressly acknowledge and consent to the collection, use, and transfer of your information as described in this Privacy Policy. This includes, but is not limited to, the sharing of personal and sensitive data for legitimate business purposes or as required by law for the provision of services, as detailed herein.

C. Important Notice Regarding Legal Rights

We strongly advise that you carefully read and understand this Privacy Policy. This document outlines your rights and obligations in relation to the collection, use, and processing of your personal data. Your continued use of the Platform constitutes your agreement to the terms set forth herein, which may be subject to revisions and updates. By continuing to use the Platform, you affirm your consent to all terms contained in this Privacy Policy..

  1. TYPES OF DATA COLLECTED

We collect various types of information, including Personal Data and Sensitive Personal Data, upon your consent, to provide, maintain, and improve our services. The types of data collected include:

3.1 Personal Data

“Personal Data” refers to any information that relates to a natural person and through which such an individual can be identified, either directly or indirectly. This includes, but is not limited to:

  • Full Name

  • Contact Details (e.g., email address, phone number)

  • Demographic Information (e.g., age, gender, address, pin code)

  • Organisation Email ID and Details

  • Identification Documents (e.g., photo identity)

  • Product preferences and choices

  • Any other information you may provide through the use of the Platform and Services

Such Personal Data is collected as part of your interaction with the Platform and may be used to enhance the user experience or to provide the services requested.

3.2 Sensitive Personal Data

“Sensitive Personal Data” includes information that, due to its nature, may be more sensitive and is subject to additional protection. This includes, but is not limited to:

  • Government ID Cards (e.g., Aadhaar, Passport)

  • Biometric Information

  • Financial Information, such as bank account details, credit card or debit card information, and other payment instrument details

  • Sexual Orientation

  • Physical, Physiological, and Mental Health Records and History

  • Any details provided by you in relation to the aforementioned points for the purpose of using the Platform

  • Information processed or stored under a lawful contract or as required by applicable law

Please note that information that is freely available or accessible in the public domain or disclosed under the Right to Information Act, 2005, or any other law for the time being in force, shall not be classified as Sensitive Personal Data.

3.3 Technical Information

“Technical Information” includes information automatically collected from your device when you access and use the Platform through various technologies, such as cookies, web beacons, or similar tracking mechanisms. This may include:

  • Internet Protocol (IP) Address

  • Device Type and Browser Information

  • Internet Service Provider (ISP)

  • Referring and Exit Pages

  • Clickstream Data

  • Operating System

  • Device Identifiers (e.g., mobile device identifiers)

  • Mobile Network Information

  • Usage Data and User Statistics

This information is primarily used to facilitate the operation of the Platform, improve user experience, and analyze traffic trends.

3.4 Locational Information

“Locational Information” refers to data about the geographical location of the User, which may be collected through GPS or other means. This information is used to provide location-based services or features, where applicable.

3.5 Non-Personal Information

“Non-Personal Information” refers to any data that does not specifically identify an individual user. This may include, but is not limited to:

  • Information Collected Through the Use of Our Services: This includes data that is shared with us in the course of using the Platform and Services.

  • Generic Information: This may include browser information, information collected through cookies (as detailed below), pixel tags, demographic information, and other aggregated data. As is standard with most websites, certain data is automatically collected when you visit the Platform. This may include details such as:

    • Browser Type

    • Operating System

    • Referring and Exit Web Pages

    • Click Patterns

    • IP Address

(The above-mentioned Information shall be collectively referred to as “Information”).

  1. YOUR CONSENT

4.1. Consent to Collection, Use, and Disclosure of Information

By providing your Information (as defined herein), you expressly consent to and authorize us to collect, use, and disclose such Information for the Legitimate Purpose (as defined above) and in accordance with this Privacy Policy, and as permitted or required by applicable law. You further understand and agree that the Information provided by you may be transferred to third parties for the purpose of providing services through the Platform or to third-party service providers who assist in rendering services, including but not limited to payment processing, order fulfillment, customer support, data analysis, information technology services, and any other services necessary for us to offer and improve the Platform.

4.2. Enforceability of the Privacy Policy

This Privacy Policy constitutes a legally binding agreement between you and us. By accessing or using the Platform and voluntarily providing your Information (including Personal Data), you consent to our collection, use, and disclosure of such Information in accordance with the terms set forth in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you have the right to refuse or withdraw your consent at any time, or you may choose not to provide any Information. However, please note that failure to provide necessary Information may prevent us from offering or providing certain services through the Platform.

4.3. Withdrawal of Consent

If you wish to withdraw your consent to the collection, use, or disclosure of your Information as outlined in this Privacy Policy, you may send a request to us at support@magicalswap.com Please note that withdrawing consent may impact your ability to access or use certain features of the Platform, as some of the services require the processing of Information to function effectively

5. USE OF DATA

The Information that is collected from you shall be utilized solely for the purpose of providing, maintaining, and improving the Platform and for other legitimate business activities as defined under applicable law. The processing of such Information will be carried out in compliance with the applicable legal framework, ensuring the protection and privacy of your data. The use of your data may be divided into the following categories:

5.1. Provision of Services and Platform Maintenance

(a) Rendering of Services: The Information provided by you will be used to facilitate and render the services offered through the Platform, in accordance with the terms set out in the Terms of Service and other applicable agreements.

(b) Platform Maintenance: Your data will be utilized to maintain, improve, and optimize the functionality, security, and overall user experience of the Platform, ensuring that it is continuously aligned with your needs and expectations.

(c) Evaluation of Service Quality: We may process your Information for the purpose of assessing the competence, performance, and quality of our personnel and the services they provide, including ensuring that we meet the standards of service expected by our users.

(d) Complaint Resolution: In the event that you encounter any issues or complaints related to the Platform or services provided, your data may be used to investigate and resolve these matters, ensuring that you receive timely and effective assistance.

(e) Notification of Changes: The Information may be used to notify you about any changes to the Platform, its functionality, Terms of Service, Privacy Policy, or any other matters that may affect your use of the Platform.

(f) Participation in Interactive Features: Your data will enable us to provide you with the ability to engage in and benefit from interactive features available on the Platform, where you voluntarily choose to participate.

5.2. Data Analysis, Monitoring, and Enhancement

(g) Analysis for Service Improvement: We may use your data to analyze, assess, and improve the Platform’s offerings and user experience. This includes identifying trends, detecting usage patterns, and implementing adjustments that are intended to optimize our services for you.

(h) Platform Usage Monitoring: Your usage of the Platform may be monitored, tracked, and analyzed to gain insights into how the Platform is being used and to improve its performance. This monitoring may include tracking your interaction with specific features, your access patterns, and your preferences.

(i) Technical Issue Detection and Resolution: Your data will be utilized to detect, prevent, and resolve technical issues or malfunctions related to the Platform’s operation. This includes identifying and addressing software bugs, connectivity problems, or other technical barriers that may hinder your use of the Platform.

(j) Usage Pattern Analysis: In order to improve the user experience and streamline the services provided, your data may be used to assess and analyze usage patterns, including frequency, duration, and types of services accessed.

(k) Enhancing User Experience: Data will be processed to better understand your needs and preferences, allowing us to personalize the user experience, optimize content, and improve functionality based on your behavior and usage on the Platform.

5.3. Marketing, Communication, and Advertising

(l) Re-marketing Campaigns: Your data may be used to conduct re-marketing efforts, including but not limited to sending promotional communications, advertisements, or offers via SMS, email, or public relations campaigns. These communications may be related to services, products, or features offered on the Platform that you may find relevant.

(m) Targeted Marketing: We may utilize your data to conduct targeted marketing campaigns, offering products or services that we believe will be of interest to you. This may include sending follow-up emails, newsletters, product updates, promotional offers, or advertisements. We may also notify you about new products, features, or enhancements on the Platform.

5.4. Business, Research, and Statistical Analysis

In addition to the primary purposes mentioned above, your data, excluding Personal Information, may be used for legitimate business or research purposes, including:

(a) Platform Customization: To further enhance and customize the Platform in a manner that improves ease of use and optimizes the services and products offered to users.

(b) Archival and Future Communication: Non-Personal Information may be archived for potential use in future communications, such as sending updates, conducting surveys, or engaging with you about new products or services.

(c) Aggregated Data Analysis: We may aggregate data to generate statistical analyses, performance metrics, or other research outputs for the purpose of improving the Platform and the services we provide. This may include aggregated statistics on user activity, preferences, or feedback that help refine our offerings and deliver a better user experience. Importantly, any such aggregated data will not include any personally identifiable information and will be used solely for internal research and improvement purposes.

5.5. Legitimate Purposes

All of the aforementioned uses of Information, including Personal Data, are undertaken for Legitimate Purposes, as defined in applicable data protection laws. We will ensure that any use of your data will be in compliance with all relevant privacy laws and regulations, including but not limited to the Information Technology Act 2000 and its amendments, and the applicable rules on data protection and privacy. We shall ensure that your rights are respected at all times, and that your data is only processed to the extent necessary to fulfill these Legitimate Purposes

5.6 Automated Decision-Making: 

If any automated decision-making (such as profiling) is used on the platform (e.g., for personalized recommendations, targeted ads), this needs to be disclosed, along with the logic behind it and the consequences for the user

6. DISCLOSURE AND SHARING OF INFORMATION:

We respect your privacy and are committed to ensuring that your information is handled responsibly. We do not rent, sell, or otherwise disclose or share your Information with third parties, except as necessary to provide the services to you or for legitimate business purposes as outlined in this Privacy Policy. All disclosures of your Information shall be made in strict accordance with this Privacy Policy and applicable laws. We may share your Information with third parties in the following circumstances:

6.1. General Sharing and Disclosure

(a) Third-Party Service Providers and Vendors: We may share your Information with third-party service providers and vendors who assist us in providing the services on the Platform or performing functions related to the legitimate business purposes for which the Information was collected. This includes service providers such as payment processors, data storage, customer support providers, and other similar vendors who perform services necessary for the operation of the Platform.

(b) Legal Obligations: We may be compelled to disclose your Information if required by applicable law, or if such disclosure is necessary to comply with legal obligations. This includes but is not limited to the following circumstances:

i. Compliance with Applicable Laws: We may disclose your Information to comply with laws and regulations in your country of residence or other jurisdictions that are applicable to our business.

ii. Legal Process: To comply with legal processes, such as court orders, subpoenas, or other lawful requests.

iii. Requests from Public or Government Authorities: We may disclose your Information to respond to requests from public and government authorities, including authorities outside your country of residence, for purposes of compliance with legal or regulatory requirements.

iv. Protection of Operations: To protect the operations of the Company or any of our affiliates, including addressing technical issues and maintaining the security of the Platform.

v. Protection of Rights, Safety, and Property: To protect our rights, privacy, safety, or property, as well as those of our affiliates, users, or others, including in cases of fraud or unauthorized access.

vi. Limit Damages or Pursue Legal Remedies: To pursue available remedies or limit any potential damages we may incur.

vii. Legal Liability Protection: To protect against potential legal liabilities, including fraud, hacking, or other unauthorized activity that could compromise our platform or users.

viii. Personal Safety: To protect the personal safety of users of the Platform or the public in case of an emergency.

ix. Investigation of Misconduct: To prevent, investigate, or take action regarding potential violations of the Terms of Service, illegal activities, or other wrongdoing related to the Platform.

(c) Merger, Acquisition, or Sale: In the event of a merger, acquisition, or sale of all or part of our business or assets, we may transfer or disclose your Information to the acquiring company or a third party in connection with such transactions. You will be notified of any such transfer and of any changes to the handling of your Information in accordance with applicable law.

(d) Service Providers and Partners: We may share your Information with service providers, contractors, or partners who perform services on our behalf, such as contact information verification, web hosting, data analysis, IT infrastructure, auditing, and other similar services. These third parties are required to maintain confidentiality and use the information solely for the purposes of providing their services to us.

(e) Employees and Agents: We may disclose your Information to our employees, agents, or personnel on a need-to-know basis to fulfill the purposes of this Privacy Policy. We follow a strict confidentiality policy to ensure that our employees and agents adhere to the privacy and security of your Information. Any breach of confidentiality by our employees is handled with appropriate disciplinary measures.

(f) User Consent for Marketing: If you're collecting data for marketing or re-marketing purposes, you should have explicit consent provisions and allow users to opt out or manage their preferences.

6.2. Sharing with Your Consent

Except as provided in sub-clause (a), (b), (c), (d), and (e) above, we will not share your Information with any third party unless we have received your explicit consent to do so. If you authorize us to share your Information, such sharing will be done in accordance with the terms of this Privacy Policy and as specified by your consent

7. TRANSFER OF DATA

7.1. Data Transfer Across Jurisdictions

Your Information may be transferred to, stored, and processed on computers located outside of your state, province, country, or other governmental jurisdiction, where data protection laws may differ from those in your jurisdiction. By submitting your Information, you acknowledge and consent to such transfers and agree to abide by the applicable data protection laws and regulations of the jurisdiction to which your Information is transferred.

7.2. Data Transfer to India

If you are located outside of India and choose to provide your Information to us, please be aware that your Information may be transferred to and processed in India. You understand and agree that the data protection laws in India may differ from those in your country of residence.

7.3. Consent to Transfer

By consenting to this Privacy Policy and submitting your Information, you expressly agree to the transfer of your data to other jurisdictions, including India, for the purposes outlined herein. This consent will be deemed to have been given by you as part of your continued use of the Platform and services.

7.4. Safeguards for Data Transfer

We will take all reasonable steps to ensure that your Information is treated securely and in accordance with this Privacy Policy. We ensure that appropriate safeguards are in place to protect your Information during any transfer, including the implementation of security measures designed to maintain the confidentiality, integrity, and security of your data. No transfer of your Information will take place to any organization or country unless the necessary controls and legal protections are in place to ensure the security and compliance with this Privacy Policy.

7.5 International Transfers of Data: 

While you’ve mentioned data transfer to India, if you are operating in multiple jurisdictions (like EU), you should clearly specify the international transfer mechanisms in place (like Standard Contractual Clauses, Privacy Shield, etc.).

8. YOUR RIGHTS

You retain several rights regarding your Personal Data, as provided under applicable data protection laws, which allow you to manage how your data is collected, processed, and used. These rights include the following:

8.1. Right to Access

You have the right to access, confirm, and review the Personal Data you have provided to us. Upon request, we will provide you with a copy of the Personal Data we hold about you.

8.2. Right to Rectification

You have the right to correct any inaccurate or incomplete Personal Data that we may hold about you. If you believe any information is incorrect or outdated, you can request corrections to be made to ensure the data remains accurate and relevant.

8.3. Right to Deletion

You have the right to request the deletion and erasure of your Personal Data from publicly available pages of the Platform, subject to any legal obligations we may have to retain certain data.

8.4. Right to Data Portability

You have the right to request your Personal Data in a portable format, which allows you to transfer that information to another service provider or platform, subject to the technical feasibility of such a transfer.

8.5. Right to Restrict Processing

You have the right to object to or restrict any form of processing that you may not be comfortable with. If you have concerns regarding the processing of your Personal Data, you may exercise your right to restrict certain uses or processing activities.

8.6. Exercising Your Rights

To exercise any of these rights, please contact us via the email address provided in Clause 4.3 of this Privacy Policy. If you wish to withdraw your consent or raise any objection to the use of your information for direct marketing or other purposes for which you previously provided consent, you may do so by contacting our customer support at the addresses provided.

8.7. Lawfulness of Processing Before Withdrawal

Please note that the use of your Personal Data before you withdrew or objected to its processing will remain lawful. Withdrawal or objection will not affect the legality of processing based on consent before such withdrawal or objection.

8.8 Children’s Privacy: If your platform is accessible by children (under 18 years of age), it’s important to add a section about protecting children's privacy. The policy should specify if the platform collects personal data from minors, and if so, what age restrictions and parental consents are in place.

9. CONTROL THE COLLECTION OR USE OF THE INFORMATION

You have the right to control the collection, storage, and use of the Information you provide to us. If you have any reservations, concerns, or objections regarding the access to, collection, storage, or use of your Information, you may withdraw your consent at any time as outlined in Clause 4.3 above.

By withdrawing your consent, you acknowledge that certain features or Services may no longer be available to you, as access to some functionalities may depend on the collection of specific Information. However, your decision to withdraw consent will not affect the legality of any data processing carried out prior to the withdrawal.

10. RETENTION OF INFORMATION

We will retain all Information provided by you, except in the case of withdrawal or termination, in locations outside the direct control of the Company (e.g., on servers or databases co-located with third-party hosting providers). We will delete your Information upon receiving a deletion request, within a reasonable period and no later than 90 (ninety) days from the date of receiving such request.

However, we may retain certain Information for a longer period if required by applicable law. Notwithstanding any provision to the contrary, the Company may retain certain data after account deletion for the following purposes:

  1. Unresolved Issues: If there is an unresolved issue related to your account, or an unresolved claim or dispute.

  2. Legal Requirements: If retention is required under applicable law, or in aggregated and/or anonymized form for compliance with legal obligations.

  3. Legitimate Business Interests: If necessary for our legitimate business interests, such as fraud prevention, and to enhance Users' safety and security.

We ensure that retained data will be handled in compliance with the applicable legal and regulatory frameworks, and will only be used for purposes as outlined in this Privacy Policy.

11. COOKIES AND OTHER TRACKINGTECHNOLOGIES

11.1 Cookies: Our Platform may use “cookies” and other tracking technologies to collect Technical Information. Cookies are small text files consisting of alphanumeric numbers that are stored on your device to gather data about your activity on the Platform. The primary purpose of these cookies is to analyze web traffic and customize the Platform according to your preferences. Cookies do not provide us with access to your computer or mobile device. You have the option to deny or block the installation of cookies by adjusting the settings on your web browser. However, please note that disabling cookies may affect your ability to fully utilize the features of the Platform.

11.2 Use of Technical Information: The information collected through cookies and other tracking technologies is used to enhance your experience on the Platform and to improve the overall performance of the Platform. We may also analyze such Technical Information, which does not contain any Personal Data, for trends, patterns, and statistical purposes, in order to better understand how users interact with the Platform and to refine our services accordingly.

11.3 Third-Party Analytics: If you use third-party analytics tools (like Google Analytics), it’s essential to mention them, along with any cookies, tracking technologies, and how the collected data is processed.

11.4 Cookie Policy: Although cookies are mentioned, you might want to include a dedicated section on cookies detailing the types of cookies used (e.g., session cookies, persistent cookies, third-party cookies), how users can manage cookie settings, and their purpose.

‍12. THIRD PARTY SERVICES

12.1 Promotional Communications: We may use your Information to send you promotional materials or communications regarding third-party products and services that we believe may be of interest to you, provided that you have given us explicit consent to do so. You may opt-out of receiving such promotional communications at any time by following the instructions in those communications or by contacting us directly.

12.2 Third-Party Disclosure and Security: While we take reasonable measures to safeguard your Information, we cannot be held liable for any unauthorized disclosure of Information that occurs as a result of third-party actions, including but not limited to unauthorized access by third parties, or acts or omissions beyond our reasonable control. You acknowledge and agree that you will not hold us responsible for any security breaches unless such breach is caused directly by our negligence or willful misconduct.

12.3 Third-Party Service Providers: We utilize third-party service providers to assist in delivering certain services, such as processing payments and directing you to payment gateways when you opt to purchase our Services. Please be advised that any financial or payment-related information you provide to these third-party platforms is collected, processed, and retained solely by such third-party platforms. These platforms are governed by their own privacy policies and terms of service, and we strongly recommend that you review their respective privacy policies to understand how they handle your Information.

12.4 Exclusion of Liability: Once you navigate away from our Platform or engage with third-party platforms (such as payment processors or external websites), we are no longer responsible for the collection, processing, use, or storage of your Information by these third parties. Such third parties are independently responsible for their own privacy practices and security measures. Your interactions with such third-party platforms are governed by their respective privacy policies and terms of service, over which we have no control or influence.

 ‍13. DATA SECURITY

13.1 Data Storage and Third-Party Service Providers: You acknowledge and agree that your Information may be stored by third-party cloud service infrastructure providers. While we have taken reasonable precautions to ensure the security and confidentiality of your Information, we shall not be held liable for any breach of data security that occurs on the part of the third-party service provider, particularly in cases where such a breach is beyond our control.

13.2 Security Measures: We employ a combination of physical, managerial, technical, and operational safeguards to secure the Information we collect, in line with industry standards and best practices. These measures include, but are not limited to, secure servers, encryption, firewalls, and secure protocols for data transmission, as required under applicable data protection laws. We are committed to reviewing our data security practices on an ongoing basis to ensure that they remain effective.

13.3 Limitations and Risk Acknowledgement: Despite our best efforts and the security measures implemented, no data security system is completely impervious to threats. While we use reasonable security practices to protect your Information, we cannot guarantee the absolute security of our database or the transmission of your Information over the internet. Data transmitted over the internet, including personal information, may be intercepted or accessed by unauthorized third parties. You acknowledge and accept the inherent security risks associated with data transmission over the internet.

13.4 User Responsibility: By using our Platform, you accept the risks associated with the transmission and storage of your Information, and you understand that the internet is not a fully secure environment. In the event of any concerns regarding the security of your data or our practices, you are encouraged to contact us directly at the details provided in Clause 4.3 above.

13.5 Data Breach Notifications: It’s a good practice to mention how data breaches are handled. Include a point about how users will be informed in case their personal data is compromised.

‍14. CHANGES AND UPDATES TO POLICY

14.1 Modifications and Revisions: We reserve the right to modify, revise, or update this Privacy Policy from time to time, at our sole discretion. Any such changes will be communicated by posting the revised Privacy Policy on the Platform, with an updated date of revision clearly indicated at the top of the document.

14.2 Regular Reviews and Updates: We commit to regularly reviewing and updating the Privacy Policy, particularly when there are significant changes to the technology used by us, or as required by law. This ensures that our privacy practices are in alignment with current industry standards and applicable legal requirements.

14.3 User Responsibility to Review: It is your responsibility to periodically review the Privacy Policy for any updates or changes. Your continued use of the Platform and/or our Services after such changes have been posted will be deemed as your acceptance and agreement to the revised Privacy Policy.

14.4 Denial or Suspension of Access: We retain the right, at our sole discretion, to deny or suspend access to all or any part of our services to any individual who, in our reasonable belief, has violated any provision of this Privacy Policy.

‍15. DISCREPANCIES AND GRIEVANCES WITH COMPANY

15.1 Grievance Redressal Mechanism:


In the event of any discrepancy, grievance, or complaint regarding the collection, use, or handling of your Information, you may contact our designated Grievance Officer at the following details:

  • Grievance Officer: Attention: Mahadev Patidar

  • Email ID: support@magicalswap.com

  • Address: 38-Navlakha Shop, No.715 Pukhraj Corporate, Indore Takshashila, Indore, Indore- 452001, Madhya Pradesh

The Company is committed to ensuring the effective implementation of the Privacy Policy and will make reasonable efforts to address your grievances in a timely manner. Any grievances will be reviewed and resolved within fifteen (15) days from the date of receipt. The Company will follow its standard policies and procedures to resolve any complaints. Please note that the User’s disapproval or dissatisfaction with the resolution or the manner in which the grievance is handled shall not be deemed as a failure to address the grievance, provided that the complaint has been reviewed and resolved in accordance with the Company’s procedures. Furthermore, any suggestions or recommendations made by the Company regarding the use of the Platform or Services shall not be construed as a warranty or guarantee.

15.2 Further Queries and Assistance:

For any additional concerns, queries, or issues related to our privacy practices or data handling procedures, you may contact us via email at support@magicalswap.com

16. MISCELLANEOUS

16.1 Severability:

If any provision of this Privacy Policy is found to be invalid, illegal, or unenforceable under any applicable law, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Privacy Policy, which shall remain in full force and effect.

16.2 Scope of Application:

This Privacy Policy applies only to the Information collected by the Company through the Platform. It does not apply to any information obtained by the Company through other means or sources, nor does it apply to any unsolicited information that you may voluntarily provide to us, either through the Platform or by other means. Any unsolicited information shall be deemed to be non-confidential, and the Company shall be free to use or disclose such information without any limitation.

16.3 Cumulative Rights and Remedies:

The rights and remedies provided under this Privacy Policy are cumulative and not exclusive of any other rights or remedies available under applicable law. The exercise of any right or remedy under this Privacy Policy does not preclude the exercise of any other right or remedy available under applicable law.

16.4 Waiver:

Any waiver of rights or remedies under this Privacy Policy must be in writing. The failure or delay in exercising any right or remedy under this Privacy Policy shall not be construed as a waiver of that right or remedy, nor shall it prevent the Company from exercising that right or remedy at any time thereafter.


17. GOVERNING LAWS AND JURISDICTION

17.1 Governing Law:

This Privacy Policy, along with the use of the Platform and the Services, shall be governed by and construed in accordance with the laws of India.

17.2 Jurisdiction

Any disputes, claims, or controversies arising out of or in connection with this Privacy Policy, the Platform, or the Services, including any issues related to your use of the Platform, shall be subject to the exclusive jurisdiction of the courts located in Indore, Madhya Pradesh, India. You agree that such courts shall have exclusive jurisdiction and venue in relation to any such disputes.

17.3 Acceptance of Terms:

By using or visiting the Platform, you acknowledge that you have read, understood, and agree to the terms set forth in this Privacy Policy. If you do not agree to any part of this Privacy Policy, please refrain from using the Platform or Services.

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