Privacy
Policy
Last Updated: March 31, 2024
Welcome to TheHya.com, operated by The HYA, located in
Pakistan. We are committed to protecting the privacy and data of our users in
accordance with the Data Protection Act and the Pakistan Cloud Policy. This Data
Protection and Privacy Policy outlines how we collect, use, and protect your
personal information when you visit our website www.thehya.com (the
"Site") and use our services. Here “we”, “our”, “us” represents The
HYA and “you” represents user or Customer.
Welcome to the The HYA.pk website (the "Site")
operated by The Hya group Pakistan Pvt Limited (Registration Number: ). We
respect your privacy and want to protect your personal information. To learn
more, please read this Privacy Policy.
1. This Privacy Policy explains how we collect, use and (under
certain conditions) disclose your personal information. This Privacy Policy
also explains the steps we have taken to secure your personal information.
Finally, this Privacy Policy explains your options regarding the collection,
use and disclosure of your personal information. By visiting the Site directly
or through another site, you accept the practices described in this Policy.
2. Data protection is a matter of trust and your privacy is
important to us. We shall therefore only use your name and other information
which relates to you in the manner set out in this Privacy Policy. We will only
collect information where it is necessary for us to do so and we will only
collect information if it is relevant to our dealings with you.
3. We will only keep your information for as long as we are either
required to by law or as is relevant for the purposes for which it was
collected.
4. We will cease to retain your personal data, or remove the means
by which the data can be associated with you, as soon as it is reasonable to
assume that such retention no longer serves the purposes for which the personal
data was collected, and is no longer necessary for any legal or business
purpose.
5. You can visit the Site and browse without having to provide
personal details. During your visit to the Site you remain anonymous and at no
time can we identify you unless you have an account on the Site and log on with
your user name and password.
6. Data that we collect
6.1 We may collect various
pieces of information if you seek to place an order for a product with us on
the Site.
6.2 We collect, store and
process your data for processing your purchase on the Site and any possible
later claims, and to provide you with our services. We may collect personal
information including, but not limited to, your title, name, gender, date of
birth, email address, postal address, delivery address (if different),
telephone number, mobile number, fax number, payment details, payment card
details or bank account details.
6.2.1
The HYA shall collect the following information where you are a
buyer:
i.
Identity data, such as your name, gender, profile picture, and
date of birth;
ii.
Contact data, such as billing address, delivery
address/location, email address and phone numbers;
iii.
Biometric data, such as voice files and face recognition when
you use our voice search function, and your facial features of when you use the
Site;
iv.
Billing account information: bank account details, credit card
account and payment information (such account data may also be collected
directly by our affiliates and/or third party payment service providers);
v.
Transaction records/data, such as details about orders and
payments, user clicks, and other details of products and Services related to
you;
vi.
Technical data, such as Internet protocol (IP) address, your
login data, browser type and version, time zone setting and location, device
information, browser plug-in types and versions, operating system and platform,
international mobile equipment identity, device identifier, IMEI, MAC address,
cookies (where applicable) and other information and technology on the devices
you use to access the Site;
vii.
Profile data, such as your username and password, account
settings, orders related to you, user research, your interests, preferences,
feedback and survey responses;
viii.
Usage data, such as information on how you use the Site,
products and Services or view any content on the Site, including the time spent
on the Site, items and data searched for on the Site, access times and dates,
as well as websites you were visiting before you came to the Site and other
similar statistics;
ix.
Location data, such as when you capture and share your location
with us in the form of photographs or videos and upload such content to the
Site;
x.
Marketing and communications data, such as your preferences in
receiving marketing from us and our third parties, your communication
preferences and your chat, email or call history on the Site or with third
party customer service providers; and
xi.
Additional information we may request you to submit for due
diligence checks or required by relevant authorities as required for identity
verification (such as copies of government issued identification, e.g.
passport, ID cards, etc.) or if we believe you are violating our Privacy Policy
or our Customer Terms and Conditions.
6.2.2
The HYA shall collect the following information where you are a
seller:
i.
Identity and contact data, such as your name, date of birth or
incorporation, company name, address, email address, phone number and other
business-related information (e.g. company registration number, business
licence, tax information, shareholder and director information, etc.);
ii.
Account data, such as bank account details, bank statements,
credit card details and payment details (such account data may also be
collected directly by our affiliates and/or third party payment service
providers);
iii.
Transaction data, such as details about orders and payments, and
other details of products and Services related to you;
iv.
Technical data, such as Internet protocol (IP) address, your
login data, browser type and version, time zone setting and location, browser
plug-in types and versions, operating system and platform, international mobile
equipment identity, device identifier, IMEI, MAC address, cookies (where
applicable) and other information and technology on the devices you use to
access the Site;
v.
Profile data, such as your username and password, orders related
to you, your interests, preferences, feedback and survey responses;
vi.
Usage data, such as information on how you use the Site,
products and Services or view any content on the Site, including the time spent
on the Site, items and data searched for on the Site, access times and dates,
as well as websites you were visiting before you came to the Site and other
similar statistics;
vii.
Location data, such as when you capture and share your location
with us in the form of photographs or videos and upload such content to the
Site;
viii.
Marketing and communications data, such as your preferences in
receiving marketing from us and our third parties and your communication
preferences and your chat, email or call history on the Site or with our third
party seller service providers; and
ix.
Additional information we may request you to submit for
authentication (such as copies of government issued identification, e.g.
passport, ID cards, etc.) or if we believe you are violating our Privacy Policy
or our Terms of Use.
6.3 We will use the
information you provide to enable us to process your orders and to provide you
with the services and information offered through our website and which you
request in the following ways:
6.3.1
If you are a buyer:
6.3.1.1 Processing your orders
for products:
i.
Process orders you submit through the Site;
ii.
Deliver the products you have purchased through the Site for
which we may pass your personal information on to a third party (e.g. our
logistics partner) in order to make delivery of the product to you;
iii.
Update you on the delivery of the products;
iv.
Provide customer support for your orders;
v.
Verify and carry out payment transactions (including any credit
card payments, bank transfers, offline payments, remittances, or e-wallet
transactions) in relation to payments related to you and/or services used by
you. In order to verify and carry out such payment transactions, payment
information, which may include personal data, will be transferred to third
parties such as our payment service providers;
6.3.1.2 Providing services
i.
Facilitate your use of the services or access to the Site;
ii.
Administer your account with us;
iii.
Display your name, username or profile on the Site (including on
any reviews you may post);
iv.
Respond to your queries, feedback, claims or disputes, whether
directly or through our third party service providers; and
v.
Display on scoreboards on the Site in relation to campaigns,
mobile games or any other activity;
6.3.1.3 Marketing and
advertising:
i.
Provide you with information we think you may find useful or
which you have requested from us (provided you have opted to receive such
information);
ii.
Send you marketing or promotional information about \ products
and services on the Site from time to time (provided you have opted to receive
such information); and
iii.
Help us conduct marketing and advertising;
6.3.1.4 Legal and operational
purposes:
i.
Ascertain your identity in connection with fraud detection
purposes;
ii.
Compare information, and verify with third parties in order to
ensure that the information is accurate;
iii.
Process any complaints, feedback, enforcement action you may
have lodged with us;
iv.
Produce statistics and research for internal and statutory
reporting and/or record-keeping requirements;
v.
Store, host, back up your personal data;
vi.
Prevent or investigate any actual or suspected violations of our
Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct,
whether relating to your use of Site or any other matter arising from your
relationship with us;
vii.
Perform due diligence checks;
viii.
Comply with legal and regulatory requirements (including, where
applicable, the display of your name, contact details and company details),
including any law enforcement requests, in connection with any legal
proceedings, or otherwise deemed necessary by us; and
ix.
Where necessary to prevent a threat to life, health or safety.
6.3.1.5 Analytics, research,
business and development:
i.
Understand your user experience on the Site;
ii.
Improve the layout or content of the pages of the Site and
customize them for users;
iii.
Identify visitors on the Site;
iv.
Conduct surveys, including carrying out research on our users’
demographics and behavior;
v.
Derive further attributes relating to you based on personal data
provided by you (whether to us or third parties), in order to provide you with
more targeted and/or relevant information;
vi.
Conduct data analysis, testing and research, monitoring and
analyzing usage and activity trends;
vii.
Further develop our products and services; and
6.3.1.6 Other
i.
Any other purpose to which your consent has been obtained; and
ii.
Conduct automated decision-making processes in accordance with
any of the above purposes.
6.3.2
If you are a seller:
6.3.2.1 Providing Services
i.
To facilitate your use of the Site;
ii.
To ship or deliver the products you have listed or sold through
the Site. We may pass your personal information on to a third party (e.g. our
logistics partners) or relevant regulatory authority (e.g. customs) in order to
carry out shipping or delivery of the products listed or sold by you;
iii.
To respond to your queries, feedback, claims or disputes,
whether directly or through our third party service agents;
iv.
To verify your documentation submitted to us facilitate your onboarding
with us as a seller on the Site, including the testing of technologies to
enable faster and more efficient onboarding;
v.
To administer your account (if any) with us;
vi.
To display your name, username or profile on the Site;
vii.
To verify and carry out financial transactions (including any
credit card payments, bank transfers, offline payments, remittances, or
e-wallet transactions) in relation to payments related to you and/or Services
used by you. In order to verify and carry out such payment transactions,
payment information, which may include personal data, will be transferred to
third parties such as our payment service providers;
viii.
To assess your application for loan facilities and/or to perform
credit risk assessments in relation to your application for seller financing
(where applicable);
ix.
To provide you with ancillary logistics services to protect
against risks of failed deliveries or customer returns; and
x.
To facilitate the return of products to you (which may be
through our logistics partner).
6.3.2.2 Marketing and
advertising
i.
To send you marketing or promotional materials about our or
third-party sellers’ products and services on our Site from time to time
(provided you have opted to receive such information); and
ii.
To help us conduct marketing and advertising.
6.3.2.3 Legal and operational
purposes
i.
To produce statistics and research for internal and statutory
reporting and/or record-keeping requirements;
ii.
To store, host, back up your personal data;
iii.
To prevent or investigate any actual or suspected violations of
our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or
misconduct, whether relating to your use of our Services or any other matter
arising from your relationship with us;
iv.
To comply with legal and regulatory requirements (including,
where applicable, the display of your name, contact details and company
details), including any law enforcement requests, in connection with any legal
proceedings or otherwise deemed necessary by us;
v.
Where necessary to prevent a threat to life, health or safety;
vi.
To process any complaints, feedback, enforcement action and
take-down requests in relation to any content you have uploaded to the Site;
vii.
To compare information, and verify with third parties in order
to ensure that the information is accurate;
viii.
To ascertain your identity in connection with fraud detection
purposes; and
ix.
To facilitate the takedown of prohibited and controlled items
from our Site.
6.3.2.4 Analytics, research,
business and development
i.
To audit the downloading of data from the Site;
ii.
To understand the user experience with the Services and the
Site;
iii.
To improve the layout or content of the pages of the Site and
customise them for users;
iv.
To conduct surveys, including carrying out research on our
users’ demographics and behaviour to improve our current technology (e.g. voice
recognition tech, etc) via machine learning or other means;
v.
To derive further attributes relating to you based on personal
data provided by you (whether to us or third parties), in order to provide you
with more targeted and/or relevant information;
vi.
To conduct data analysis, testing and research, monitoring and
analysing usage and activity trends;
vii.
To further develop our products and services; and
viii.
To know our sellers better.
6.3.2.5 Other
i.
Any other purpose to which your consent has been obtained; and
ii.
To conduct automated decision-making processes in accordance
with any of these purposes.
6.4 Further, we will use
the information you provide to administer your account with us; verify and
carry out financial transactions in relation to payments you make; audit the downloading
of data from our website; improve the layout and/or content of the pages of our
website and customize them for users; identify visitors on our website; carry
out research on our users' demographics; send you information we think you may
find useful or which you have requested from us, including information about
our products and services, provided you have indicated that you have not
objected to being contacted for these purposes.
6.5 Subject to obtaining
your consent we may contact you by email with details of other products and
services. You may unsubscribe from receiving marketing information at any time
in our mobile application settings or by using the unsubscribe function within
the electronic marketing material. We may use your contact information to send
newsletters from us and from our related companies. If you prefer not to
receive any marketing communications from us, you can opt out at any time.
6.6 We may pass your name
and address on to a third party in order to make delivery of the product to you
(for example to our courier or supplier). You must only submit to us the Site
information which is accurate and not misleading and you must keep it up to date
and are responsible for informing us of changes to your personal data, or in
the event you believe that the personal data we have about you is inaccurate,
incomplete, misleading or out of date.inform us of changes. You can update your
personal data anytime by accessing your account on the Site.
6.7 Your actual order
details may be stored with us but for security reasons cannot be retrieved
directly by us. However, you may access this information by logging into your
account on the Site. Here you can view the details of your orders that have
been completed, those which are open and those which are shortly to be
dispatched and administer your address details, bank details ( for refund
purposes) and any newsletter to which you may have subscribed. You undertake to
treat the personal access data confidentially and not make it available to
unauthorized third parties. We cannot assume any liability for misuse of
passwords unless this misuse is our fault.
7
Other uses of your
Personal Information
7.1 We may use your personal
information for opinion and market research. Your details are anonymous and
will only be used for statistical purposes. You can choose to opt out of this
at any time. Any answers to surveys or opinion polls we may ask you to complete
will not be forwarded on to third parties. Disclosing your email address is
only necessary if you would like to take part in competitions. We save the
answers to our surveys separately from your email address.
7.2 We may also send you
other information about us, the Site, our other websites, our products, sales
promotions, our newsletters, anything relating to other companies in our group
or our business partners. If you would prefer not to receive any of this
additional information as detailed in this paragraph (or any part of it) please
click the 'unsubscribe' link in any email that we send to you. Within 7 working
days (days which are neither (i) a Sunday, nor (ii) a public holiday anywhere
in Pakistan) of receipt of your instruction we will cease to send you
information as requested. If your instruction is unclear we will contact you
for clarification.
7.3 We may further
anonymize data about users of the Site generally and use it for various
purposes, including ascertaining the general location of the users and usage of
certain aspects of the Site or a link contained in an email to those registered
to receive them, and supplying that anonymized data to third parties such as
publishers. However, that anonymized data will not be capable of identifying
you personally.
8
Competitions
8.1 For any competition we
use the data to notify winners and advertise our offers. You can find more
details where applicable in our participation terms for the respective
competition.
9
Third Parties and
Links
9.1 We may pass your
details to other companies in our group. We may also pass your details to our
agents and subcontractors to help us with any of our uses of your data set out
in our Privacy Policy. For example, we may use third parties to assist us with
delivering products to you, to help us to collect payments from you, to analyze
data and to provide us with marketing or customer service assistance. We may
also exchange information with third parties for the purposes of fraud
protection and credit risk reduction.
9.2 We may share (or
permit the sharing of) your personal data with and/or transfer your personal
data to third parties and/or our affiliates for the above-mentioned purposes.
These third parties and affiliates, which may be located inside or outside your
jurisdiction, include but are not limited to:
i.
Service providers (such as agents, vendors, contractors and
partners) in areas such as payment services, logistics and shipping, marketing,
data analytics, market or consumer research, survey, social media, customer
service, installation services, information technology and website hosting;
ii.
Their service providers and related companies; and
iii.
Other users of the Site.
9.3 We may transfer our
databases containing your personal information if we sell our business or part
of it, provided that we satisfy the requirements of applicable data protection
law when disclosing your personal data. Other than as set out in this Privacy
Policy, we shall NOT sell or disclose your personal data to third parties
without obtaining your prior consent unless this is necessary for the purposes
set out in this Privacy Policy or unless we are required to do so by law. The
Site may contain advertising of third parties and links to other sites or
frames of other sites. Please be aware that we are not responsible for the
privacy practices or content of those third parties or other sites, nor for any
third party to whom we transfer your data in accordance with our Privacy
Policy. You are advised to check on the applicable privacy policies of those
websites to determine how they will handle any information they collect from
you.
9.4 In disclosing your
personal data to third parties, we endeavor to ensure that the third parties
and our affiliates keep your personal data secure from unauthorized access,
collection, use, disclosure, processing or similar risks and retain your
personal data only for as long as your personal data helps with any of the uses
of your data as set out in our Privacy Policy.
9.5 We may transfer or
permit the transfer of your personal data outside of Pakistan for any of the
purposes set out in this Privacy Policy. However, we will not transfer or
permit any of your personal data to be transferred outside of Pakistan unless
the transfer is in compliance with applicable laws and this Privacy Policy.
9.6 We may share your
personal data with our third party service providers or affiliates (e.g.
payment service providers) in order for them to offer services to you other
than those related to your use of the Site. Your acceptance and use of the
third party service provider’s or our affiliate’s services shall be subject to
terms and conditions as may be agreed between you and the third party service
provider or our affiliate. Upon your acceptance of the third party service
provider’s or our affiliate’s service offering, the collection, use, disclosure,
storage, transfer and processing of your data (including your personal data and
any data disclosed by us to such third party service provider or affiliate)
shall be subject to the applicable privacy policy of the third party service
provider or our affiliate, which shall be the data controller of such data. You
agree that any queries or complaints relating to your acceptance or use of the
third party service provider’s or our affiliate’s services shall be directed to
the party named in the applicable privacy policy.
10
Cookies
10.1 We or our authorised
service providers may use cookies, web beacons, and other similar technologies
in connection with your use of the Site.
10.2 The acceptance of
cookies is not a requirement for visiting the Site. However, we would like to
point out that the use of the 'basket' functionality on the Site and ordering
is only possible with the activation of cookies. Cookies are small text files
(typically made up of letters and numbers) placed in the memory of your browser
or device when you visit a website or view a message. They allow us to
recognise a particular device or browser. Web beacons are small graphic images
that may be included on the Site. They allow us to count users who have viewed
these pages so that we can better understand your preference and interests.
Cookies are tiny text files which identify your computer to our server as a
unique user when you visit certain pages on the Site and they are stored by
your Internet browser on your computer's hard drive. Cookies can be used to
recognize your Internet Protocol address, saving you time while you are on, or
want to enter, the Site. We only use cookies for your convenience in using the
Site (for example to remember who you are when you want to amend your shopping
cart without having to re-enter your email address) and not for obtaining or
using any other information about you (for example targeted advertising).
However, certain cookies are required to enable core functionality (such as
adding items to your shopping basket), so please note that changing and
deleting cookies may affect the functionality available on the Sit. Your
browser can be set to not accept cookies, but this would restrict your use of
the Site. Please accept our assurance that our use of cookies does not contain
any personal or private details and are free from viruses. If you want to find
out more information about cookies.
10.3 This website uses
Google Analytics, a web analytics service provided by Google, Inc.
("Google"). Google Analytics uses cookies, which are text files
placed on your computer, to help the website analyze how users use the site.
The information generated by the cookie about your use of the website
(including your IP address) will be transmitted to and stored by Google on
servers in the United States. Google will use this information for the purpose
of evaluating your use of the website, compiling reports on website activity
for website operators and providing other services relating to website activity
and internet usage. Google may also transfer this information to third parties
where required to do so by law, or where such third parties process the
information on Google's behalf. Google will not associate your IP address with
any other data held by Google. You may refuse the use of cookies by selecting
the appropriate settings on your browser, however please note that if you do
this you may not be able to use the full functionality of this website. By
using this website, you consent to the processing of data about you by Google
in the manner and for the purposes set out above.
11
Security
11.1 We have in place
appropriate technical and security measures to prevent unauthorized or unlawful
access to or accidental loss of or destruction or damage to your information.
When we collect data through the Site, we collect your personal details on a
secure server. We use firewalls on our servers. Our security procedures mean
that we may occasionally request proof of identity before we disclose personal
information to you. You are responsible for protecting against unauthorized access
to your password and to your computer.
11.2 You should be aware,
however, that no method of transmission over the Internet or method of
electronic storage is completely secure. While security cannot be guaranteed,
we strive to protect the security of your information and are constantly
reviewing and enhancing our information security measures.
12
Your rights
12.1 If you are concerned
about your data, you have the right to request access to the personal data
which we may hold or process about you. You have the right to require us to
correct any inaccuracies in your data free of charge. At any stage you also
have the right to ask us to stop using your personal data for direct marketing
purposes.
Where permitted by applicable data protection laws, we reserve the right to
charge a reasonable administrative fee for retrieving your personal data
records. If so, we will inform you of the fee before processing your request.
You may communicate the withdrawal of your consent to the continued use,
disclosure, storing and/or processing of your personal data by contacting our
customer services, subject to the conditions and/or limitations imposed by
applicable laws or regulations. Please note that if you communicate your
withdrawal of your consent to our use, disclosure, storing or processing of
your personal data for the purposes and in the manner as stated above or
exercise your other rights as available under applicable local laws, we may not
be in a position to continue to provide the Services to you or perform any
contract we have with you, and we will not be liable in the event that we do
not continue to provide the Services to, or perform our contract with you. Our
legal rights and remedies are expressly reserved in such an event.
Furthermore, you also have the right to ask us to delete your data. If you
would like to have your data deleted, fill out the Account Deactivation/Deletion Request
Form (“Deletion Request”) or email your request to Support@TheHYA.com.
Once your request is received, we follow an internal deletion process to make
sure that your data is safely removed in the next fifteen (15) working days.
You'll be contacted for verification and your account will be deleted after
necessary protocols are conformed to.
13
Prohibited Conduct:
Seller Must adhere to the following guidelines
to ensure a safe and trustworthy marketplace:
13.1 Branded Products With
NOC:
Sellers are not
allowed to list any branded products unless they have obtained an NOC verifying
their right to sell the products. This includes but is not limited to the fashion
items, electronics, and other trademarks goods.
13.2 Penalties for
Violation:
Any seller found
listing branded products with NOC will have their listing removed immediately and
banned their seller account. Repeated violations would result in a permanent
ban from the site. In severe cases, we reserve the rights to report the seller
to the relevant authorities for the further investigation.
14
Minors
14.1 We do not sell
products to minors, i.e. individuals below the age of 18, on the Site and we do
not knowingly collect any personal data relating to minors. You hereby confirm
and warrant that you are above the age of 18 and are capable of understanding
and accepting the terms of this Privacy Policy.
14.2 If you allow a minor
to access the Site and buy products from the Site by using your account, you
hereby consent to the processing of the minor’s personal data and accept and
agree to be bound by this Privacy Policy and take responsibility for his or her
actions.
14.3 We will not be
responsible for any unauthorized use of your account on the Site by yourself,
users who act on your behalf or any unauthorized users. It is your
responsibility to make your own informed decisions about the use of the Site
and take necessary steps to prevent any misuse of the Site.
By using our website, you consent to our Data
Protection and Privacy Policy and agree to its terms.
Welcome to The HYA, your premier online shopping store in Pakistan. We pride ourselves on offering a wide selection of high-quality products that cater to all your needs.