OUR PRIVACY POLICY

When it comes to quality, whether it's immaculate stitching or perfect shade, it’s all about the detail. Getting everything just right is why customers trust Marks & Spencer to make every moment special.

Marks and Spencer Reliance India Private Limited is a company registered in India under Companies Act 1956 having its registered address at 4th Floor, Court house Lokmanya Tilak Marg, Dhobi Talao, Maharashtra – 400002, India (referred to as "M&S", "we" or "us" in this policy).

This page provides information about who we are and the legal terms and conditions that may apply to your use (“you”, “your” or “User”) of the mobile application/M&S Platform www.marksandspencer.in (collectively referred to as the “M&S Platform”).

We believe the most important details are yours - and to keep the information you share with us as safe as possible, we have our privacy policy. The details you share with us help us bring you our latest offers and inspiration we think you’ll enjoy.

This document is an electronic record and is governed by the provisions under the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please take a moment to familiarize yourself with our Privacy Policy. If you do not agree with any provisions of this Privacy Policy, we advise you to not use or access the M&S Platform.

Overview

Maintaining the security of your data is a priority at M&S, and we are committed to respecting your privacy rights. We are always committed to handling your data fairly and legally. M&S is also dedicated to being transparent about what data we collect about you and how we use it.

This privacy policy (“Privacy Policy”), together with the Terms & Conditions https://www.marksandspencer.in/terms.html (“Terms”) governs your use of the M&S Platform and describes our policies and procedures on the collection, use, disclosure, processing, transfer, and storage of the information provided to us by you. By using, browsing, accessing, or purchasing from the M&S Platform you agree to be bound by the terms of this Privacy Policy and consent to the collection, storage, possession, dealing, handling, sharing, disclosure or transfer of your information in accordance with the terms of the Privacy Policy. We shall not use the User’s information in any manner except as provided under this Privacy Policy. Capitalised terms used herein if not defined shall have the same meaning as ascribed to them under the Terms.

You may at any time withdraw your consent for collection and use of your information including Personal Information (defined hereinafter) or Sensitive Personal Data or Information (defined hereinafter). However, please note that if you withdraw your consent, we may no longer be able to provide you with the corresponding service for which you have withdrawn your consent. It is hereby clarified that your decision to withdraw your consent will not affect the processing of Personal Information based on your previous consent prior to the withdrawal.

What we collect

We may collect Personal Information from you when you visit our M&S Platform or when you set up a free account with the M&S Platform or during your communication with us via phone, email, chat, etc., or as you fill an entry form to participate in any contest, promotion or survey, etc. As a result of these actions you might supply us with Personal Information, such as your name, photograph, date of birth, anniversary dates, e-mail and postal addresses, phone number(s), credit/debit card/wallet/bank information (except for Credit/debit card’s Personal Identification Number (PIN)), social media accounts, location, names of people to whom purchases have been shipped including address and telephone/mobile numbers, IP addresses, product interest information and in certain circumstances, your opinions and individual preferences, tracking of activities through mobile applications etc. (collectively "Personal Information"). When you visit this M&S Platform, our social media platforms, or our social networking or mobile applications may also collect certain information about your device or usage by automated means or by using technologies such as cookies, web server logs.

You may also provide us with information like financial information such as Bank account Number (except for Bank Account’s Personal Identification Number (PIN)) or credit card or debit card (except for Credit/debit card’s Personal Identification Number (PIN)) or other payment instrument details, password, (collectively "Sensitive Information") for availing the services at our M&S Platform.

We may also maintain a record of your product interests.

Our Mobile Application may additionally use or request access to the following personal information on the phone:

(i) Location - To help customers locate nearby store and return centres, to confirm delivery address.

(ii) Phone – We are using this information to provide the functionality to call the customer care directly.

(iii) Phone / Cellular connection details – To identify cellular network information for optimising performance on low bandwidth network.

(iv) Camera – To provide image search, unlock/login using facial/biometric recognition and contact customer care with the images.

(v) Biometric/Fingerprint – unlock/login using biometric information.

(vi) Storage – To store or access photos captured by you at the time of contacting customer care or image search.

(vii) SMS – To read OTP received automatically while login, making deliveries, data change and/or validations.

(viii) WhatsApp or other like applications – sharing invoice, allowing sharing of products with your contacts, providing order tracking, customer care access.

(ix) Account - We are using account's email id to send email notifications.

(x) Contact - Read your contact card for invite feature.

Information that is automatically collected when you visit/download the M&S Platform:

i. Your browser type,

ii. Web pages and links you visit, advertisements you view,

iii. Standard server log information.

Information that we collect from other sources:

We may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information we receive from or about you. We also may receive information about you from third-party social networking services when you choose to connect with those services.

This M&S Platform is directed to be used by adults only who are above the age of 18 years. If you are not an adult, you should have a legal guardian or adult supervision at the time of making a purchase, if not, you should not make any purchase, register, or submit Personal Information with us. We or our associates/affiliates do not knowingly collect information from minors. Minors should not be using the M&S Platform with any Personal Information. If we are made aware that we have collected the Personal Information of a person below the age of 18 (Eighteen) years, we will take steps to delete the information within a reasonable time frame. If a parent or guardian becomes aware that his or her child has provided his/ her information on the M&S Platform without their consent, he or she shall contact us for the deletion of such information. In the event a person below the age of 18 (Eighteen) uses the services, we shall not be held liable or responsible for any damage or injury suffered by such person. In an event of default by the minor, the parent or the guardian shall be liable to compensate for whatsoever damages arising out of such wrongful use by the minor.

You agree to provide information, which shall be true, correct, up to date and accurate.

Purposes of collecting personal data

We may use your Personal Information:

(i) For creating and giving you access to your registered account on the M&S Platform and processing order placed on the M&S Platform;

(ii) To develop, deliver, process and improve our Products, services, content in order to personalize and improve your experience;

(iii) To help us learn about your shopping preferences;

(iv) For any marketing and performance research to assist us in measuring our customer services, benchmarking our performance and in helping us improve your shopping experiences and product offerings based on your search history;

(v) For internal analytical and research purposes such as auditing, data analysis and research to improve Our Products, services and customer communications. We may also combine it with other information to provide and improve our Products, services, content and advertising;

(vi) To send communication related to order updates, offers, Products, services, upcoming events, including providing you information in relation to order confirmations, invoices, technical notices, security alerts through e-mail, SMS or such other channels;

(vii) To meet any legal or regulatory requirement or comply with a request from any governmental or judicial authority;

(viii) To resolve any request, dispute, grievance or complaint raised by you in relation to your use of the M&S Platform;

(ix) To detect or monitor any fraudulent or illegal activity on the M&S Platform;

(x) To conduct investigations of possible breaches of law;

(xi) To identify, contact, or bring legal action against someone who may be violating an agreement they have with us;

(xii) To investigate security breaches or cooperate with government authorities pursuant to a legal matter;

(xiii) To protect our rights, safety or property, including the prevention of fraud;

(xiv) To help customers locate nearby store and return centres or to confirm delivery address;

(xv) Respond to the user’s queries, requests and inquiries;

(xvi) Update new features or improvements of the M&S Platform;

(xvii) Examine the identity of the user’s and the authenticity of offers, delivery or transfer of offers, etc.;

(xviii) Administer the M&S Platform;

(xix) Inform any change in the Terms & Conditions, this Policy or any other policy on the M&S Platform; or

(xx) Help the user address its problems with the M&S Platform.

With whom we share your information

Only the persons authorised by us shall have access to your Personal and/or Sensitive Information. We may share your Personal and Sensitive Information only with the below mentioned persons:

Any of our third party service providers shall not be authorised to use or disclose Personal or Sensitive Information except as necessary to perform services on our behalf or comply with legal requirements. For instance, we may share your information with third party payment gateway provider to process transactions on the M&S Platform. By using the M&S Platform, you consent to any such disclosure of your information with third party service providers. We ensure that such third party service providers are bound by reasonable confidentiality obligations and/ or use, maintain and follow generally accepted industry and security standards with respect to such information.

A third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from the you by such third party payment gateway providers will be used only for billing, refund and payment processes. The Financial Information collected from you is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. The verification of the Financial Information shall be accomplished only by you through a process of authentication in which we shall have no role to play and hence, we shall bear no liability in relation to the same. We shall neither be liable nor responsible for any actions or inactions of third party payment gateway providers or any breach of conditions, representations and warranties given by them. We shall also not be obligated to mediate or resolve any dispute or disagreement between you and such third party payment service providers.

Other third parties website or page accessed by you or with your consent (eg. Facebook applications may share information collected through those apps with your Facebook friends or other Facebook users) shall be governed in accordance with their respective privacy policies.

We may also disclose or transfer your information to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of us. We shall ensure that third party to which we transfer or sell our assets will have appropriate confidentiality and security measures, at least as protective as those described in this Privacy Policy, to handle your Personal Information. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.

Notwithstanding anything contained in this Privacy Policy, we reserve the right to disclose any Personal or Sensitive Information that may be required to be disclosed mandatorily under applicable law or where the disclosure is necessary to comply with any legal obligation or to law enforcement authorities or other government officials, without prior notice or consent of the M&S Platform user.

While we take best efforts to ensure that your information including Personal Information, Financial Information and Sensitive Personal Information or Data is duly protected by undertaking security measures prescribed under applicable laws, you are strongly advised to exercise reasonable discretion while providing Personal Information or Financial Information while using the services given that the Internet is susceptible to security breaches.

We do not rent or sell your Personal and Sensitive Information to any third party.

Your information may also be transferred, stored or processed in any country other than the one where you access the M&S Platform. For purposes of sharing or disclosing data in accordance with the Privacy Policy, we reserve the right to transfer your information outside of your country. By using the M&S Platform, you consent to such transfer of your information outside of your country and also within our affiliates, subsidiaries and partners whose personnel and subcontractors, provided that they have agreed to ensure the same level of data protection as prescribed under this Privacy Policy and the data protection laws of India. The information may be transferred in the event it is necessary for the performance of the services, operation of the M&S Platform and provision of Products/services as agreed upon between us and the third party.

Third Party Website/Platform

M&S Platform may provide or be linked with other third party websites/platforms/advertisements (“Third Party Website/Platform").

These Third Party Website/Platform may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, on which we have no control and shall not be held responsible or liable. We do not make any representations concerning the privacy practices or policies of Third Party Website/Platform or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of such websites, the websites’ provider, product, services or the information on the website. M&S expressly disclaims all liability associated with the content and the use of such Third Party Website/Platform. The user should read the terms of use, privacy policy and/or other policies of the respective Third Party Website/Platform and any access or use of the Third Party Website/Platform is entirely at the user’s own risk. M&S is not responsible for any direct, indirect, solicited or unsolicited communication made by any of these Third Party Website/Platform or their respective agents or representatives, to the users including by telephone, email, mobile phones and facsimile.

Third Party Website/Platform and advertisers may use various technologies to receive the user’s IP address and personal information. The third party advertisers may also use cookies, JavaScript, web beacons and other technologies to gauge the effectiveness of their advertisements and to personalize advertising experience and content. M&S does not have any control over the cookies or technologies that advertisers or Third Party Website/Platform may use and the user should contact them directly in case of any queries or disputes.

Based on the user information like products purchased, products browsed by the user through M&S Platform, M&S may display personalized third party advertisements on the Third Party Website/Platform. The user acknowledges and agrees that in no event M&S is responsible to the user or liable for any loss, cost, claims, charges and damages arising out of a user’s accessing the services of any Third Party Website/Platform.

How we retain your data or information

We will retain your Personal and Sensitive Information for the period necessary to fulfil the purposes outlined in this Privacy Policy (including for purposes of meeting any legal, administrative, accounting, or other reporting requirements) unless a longer retention period is required or permitted under the applicable law. Your Personal and Sensitive Information is safeguarded against inappropriate access and disclosure, as per this Privacy Policy.

Opt-out

The M&S Platform provides an option to all the users to opt-out of receiving any non-essential, promotional or marketing communications from us. If you do not wish to receive any promotional or marketing communications from us, you can contact us care.india@marks-and-spencer.com.

Alternatively, you wish to remove your contact information from all our mailing lists and newsletters, you can click on the "unsubscribe" link or follow the instructions in each e-mail message. We reserve the right to limit, de-list, cancel, revoke, rescind, annul, withdraw or terminate your membership to the loyalty program, any accrued points therein, you participation in any special events/contest/survey/campaign/like event and any resulting winnings/discounts/benefits/offers based on availability of contact information.

Security

We endeavour to keep your Personal and Sensitive Information secure in the best possible manner as it may be necessary for the purpose for which it was collected. We value the importance you attach to your Personal and Sensitive Information given to us and therefore we have (i) taken all reasonable measures and precautions to keep such information safe and secure and to prevent any unauthorised access to or misuse of the same; and (ii) enable you to review and edit the same.

The security of your Personal Information is important to us. We have implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Personal Information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. When you submit your information on the M&S Platform, your information is protected through our security systems. Please note that we use international and industry-recognized standards such as per applicable laws, rules and regulations.

Your information is contained within secured networks and is only accessible by a limited number of authorized persons who have access rights to such systems or otherwise require such information for the purposes provided in this Privacy Policy. These authorized persons are also under an obligation to keep such information confidential.

The user is solely responsible for the activities that occur under the user’s account including the confidentiality of the user’s password and we are not responsible for the same. While using and accessing the M&S Platform, the user is responsible for maintaining the confidentiality of the user’s account and for restricting access to the user’s computer/mobile phone or other system or equipments through which the user uses and accesses the M&S Platform.

Although we make best possible efforts to transmit and store all the information provided by you in a secure operating environment that is not open to public, you understand and acknowledge that there is no such thing as complete security and we do not guarantee that there will be no unintended disclosures of any information and potential security breaches. You agree not to hold us responsible for any breach of security or for any action of any third parties that receive your Personal Information or events that are beyond our reasonable control including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc. Further, we shall not be liable to any user for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the user due to the unauthorized access or misuse of the Personal or Sensitive Information by any third party.

Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of the Personal Information/Sensitive Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond the reasonable control of M&S and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

Modification

We reserve the right to amend this Privacy Policy at any time. The Privacy Policy, as and when modified, shall be updated on the M&S Platform. We encourage you to review this Privacy Policy whenever you visit our M&S Platform to understand how your Personal Information is used.

Grievance Redressal Officer

In case, you have any questions, grievance or complaints about this Privacy Policy, or the M&S Platform, you may contact our grievance officer on the below mentioned details:

Grievance Officer:

Name: Mr. Vishal Kapil

Designation: Grievance Officer

Email Address: Grievance.Officerpriv@mnscorp.net

Phone No: +91 8010 621 621

Mailing Address: C/O Marks and Spencer Reliance India Private Limited, Ground Floor, Infinity Tower - "C", DLF Cyber City, Phase -II, Gurugram (Haryana) – 122002, India

Timings: Monday to Friday: 08:00 am – 08:00 pm, excluding gazetted holidays

Governing Law

The terms of this Privacy Policy shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in Delhi.

Severability

Whenever possible, each section of this Privacy Policy shall be interpreted in a manner so as to be valid under applicable law. However, in the event any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or other remaining provisions of this Privacy Policy.

Cookie Policy

Our M&S Platforms use cookies to collect information. This includes information about browsing and purchasing behaviour by people who access our M&S Platforms. This includes information about pages viewed, products purchased and the customer journey around our M&S Platforms. Detailed information is set out in our Cookie Policy. The Cookie Policy forms an integral part of the Privacy Policy.

WHAT ARE COOKIES?

Like most websites, M&S Platforms use cookies to collect information. Cookies are small data files which are placed on your computer or other devices (such as smart ‘phones or ‘tablets’) as you browse this M&S Platform. They are used to ‘remember’ when your computer or device accesses our M&S Platforms. Cookies are essential for the effective operation of our M&S Platforms and to help you shop with us online. They are also used to tailor the products and services offered and advertised to you, both on our M&S Platforms and elsewhere.

INFORMATION COLLECTED

Some cookies collect information about browsing and purchasing behaviour when you access this M&S Platform via the same computer or device. This includes information about pages viewed, products purchased and your journey around M&S Platform. We do not use cookies to collect or record information on your name, address or other contact details. M&S can use cookies to monitor your browsing and purchasing behaviour.

Due to the communications standards on the internet, when you visits, access or browse the M&S Platform, we automatically receive the uniform resource locator of the site from which such you visit, access or browse the M&S Platform, details of the website you visit on leaving the M&S Platform and type of web browser the User is using. This information is used solely to analyse overall User trends and to help us improve our services. The amount of information sent to us depends on the settings of the web browser used by the User to access the M&S Platforms. The User may refer to the browser used, if the User wishes to learn what information is provided to us.

HOW ARE COOKIES MANAGED?

We may allow other companies or entities to serve advertisements to you. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. We may target some advertisements to you that fit a certain general profile. We do not use Personal Information to target advertisements to you. In the course of serving advertisements or optimizing the services to its Users, we may allow authorised third parties to place or recognize a unique cookie on the User’s browser.

WHAT ARE COOKIES USED FOR?

The main purposes for which cookies are used are: -

  1. For technical purposes it is essential to the effective operation of our M&S Platforms, particularly in relation to on-line transactions and M&S Platform navigation.
  2. For M&S to market to you, particularly web banner advertisements and targeted updates.
  3. To enable M&S to collect information about your browsing and shopping patterns, including to monitor the success of campaigns, competitions etc.
  4. To enable M&S meet its contractual obligations to make payments to third parties when a product is purchased by someone who has visited our M&S Platform from a Third Party Website/Platform operated by those parties.
  5. The M&S Platform uses temporary cookies to store certain data. We do not store Personal Information in the cookies. Information collected by us, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by us and may be used by us and third party service providers for technical administration of the M&S Platforms, user administration, research, development, and other purposes.

HOW DO I DISABLE COOKIES?

If you want to disable cookies you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use.

General Information:

We may keep records of telephone calls received from and made to Users for the purpose of administration of services, research and development, training, business intelligence, business development, or for User administration. We may share such telephone records with third parties when required by law or when required to provide or facilitate the User with the services.

You consent to our reproduction/publishing of all testimonials and reviews given by you on the M&S Platform in relation to the services or the Products. You agree that we may edit the testimonials and reviews provided by you and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the M&S Platform. If the User has any concerns with the reproduction/publication of any testimonial or review provided by you, the User may contact us at care.india@marks-and-spencer.com.