Eikowa’s Copyright Infringement Policy
Eikowa Art Private Limited (referred to as ‘Eikowa’) respects the intellectual property rights of others and expects its users to do the same.
It is Eikowa's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
It is in Eikowa's interest to ensure that infringing products are removed from the site, as they erode Buyer and Seller trust.
In accordance with the Copyright Act, Eikowa will respond expeditiously to claims of copyright infringement committed using the Eikowa website (the "Site") that are reported to Eikowa, in accordance with below.
How to report a listing
If you have a good faith belief that your IP right has been infringed by any of our sellers, you may follow the below process: We require that the Intellectual Property right owner or authorized agent provide the following details and email it to firstname.lastname@example.org. The email should contain the below information.
- Identification or description of the copyrighted work/ trademark that has been infringed.
- Clear identification or description of where the material that you claim is infringing is located on www.eikowa.com with adequate particulars. Product ID / website links of infringing products (in case of copyright infringement)
(Note: Eikowa is unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time).
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Brand Name (in case of Trademark infringement)
- Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
Eikowa respects third party Intellectual Property rights and actively supports protection of all third party Intellectual Property including Copyrights and Trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement.
If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
Sample Notice of Infringement
Eikowa Art Private Limited
I, [name] ____________________________ of [address]_________________________ do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
2. I have a good faith belief that the item listings identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the listings claimed to be infringing.
3. I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Eikowa will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
1. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
2. Listing(s) has unlawful comparison to trademark owner's brand or product
3. Listing(s) contains unlawful use of trademark owner's logo
4. Item(s) is unlawful duplication of printed material
5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
6. Listing(s) comprises unauthorized copy of copyrighted text
7. Listing(s) comprises unauthorized copy of copyrighted image
8. Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to email@example.com
We, at 'Eikowa Art Private Limited' or ‘www.eikowa.com’ (collectively referred as ‘Eikowa’), are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.
"Personal Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit Eikowa's web pages without telling us who you are or revealing any Personal Information about yourself.
Eikowa provides an online platform for selling and purchasing original works of art.
This policy describes:
- the types of information that we may collect from you when you access or use our Website, applications and other online services (collectively, our "Services") and
- our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies only to information we collect through our Services, in email, text and other electronic communications sent through or in connection with our Services.
This policy DOES NOT apply to information that you provide to, or that is collected by, any third party, such as advertisers and other Artists where you provide information. We encourage you to consult directly with such third parties about their privacy practices.
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within India or internationally.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services.
The Information we collect and how we use it
We collect several types of information from and about users of our Services, including information:
- by which you may be personally identified; and/or
- about your internet connection, the equipment you use to access our Services and your usage details.
We collect this information:
- directly from you when you provide it to us; and/or
- automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).
Information You Provide to Us
In the course of using the Services, you may provide us with personally identifiable information, which refers to information about you that can be used to contact or identify you ("Personal Information").
Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address, phone number and postal address. We use your Personal Information primarily to provide and improve the Services and to respond to your inquiries.
We may also request that you provide certain information, such as your pin code and personal preferences, which is typically considered "Non-Identifying Information" because it cannot, by itself, be used to contact or identify you.
The information we collect on or through our Services may include:
- Your account information: Your full name, email address, postal code, password and other information you may provide with your account, such as your gender, mobile phone number and Website.
- Your content: Information you provide through our Services, including your reviews, comments, lists, followers, the Artist you follow and other information you provide on our Services.
- Your searches and other activities: The search terms you have looked up and results you selected
- Your browsing information: How long you used our Services and which features you used; the ads you clicked on. When you visit the Website our servers automatically record information that your browser sends whenever you visit a Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, ads you click on during your use of the Website, your viewing preferences, bookmark habits and other statistics.
- Your communications: Communications between you and other users or Artists through our Services; your participation in any survey, poll, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products).
- Your communication with us about employment opportunities.
- Your transactional information: If you make requests to contact or be contacted by the Artists through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address and email. This information may be shared with third parties which assist in processing and fulfilling your requests.
- If you write reviews about the Artists with which you have had prior experience with, we may publicly display information that you have had prior experiences with those Artists along with the reviews.
- Your Public Posts: You also may provide information (such as reviews, photos, comments, followers, etc.) to be published or displayed (hereinafter, "posted") on publicly accessible areas of our Services, or transmitted to other users of our Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, you may set certain privacy settings for such information by logging into your account profile of such social platforms.
Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party Websites and services. You should be careful about revealing any sensitive details about yourself in such postings.
We use the information you provide to us to enhance the functionality and improve the quality of our Services, and to personalize your experience while using our Services. We also use this information to display relevant advertising, provide support to you, communicate with you, and comply with our legal obligations.
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) primarily to provide and improve the Services, to complete your transactions and respond to your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your pin code with your street address) in a way that enables you to be identified. But, the same items of information are considered Non-Identifying Information when they are taken alone or combined only with other non-Identifying information (for example, your age).
We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Eikowa users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyse and understand how our Services are used.
We also use your Personal Information to contact you with Eikowa newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or via the "Account" section of the Website.
How We Use the Information We Collect
We use the information we collect from and about you for a variety of purposes, including to:
- Process and respond to your queries
- Understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, and make special offers.
- Administer our Services and diagnose technical problems.
- Send you communications that you have requested or that may be of interest to you.
- Send you questions from other users that you may be able to answer if you have registered with Eikowa.
- Enable us to show you ads that are relevant to you.
- Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
- Provide you with customer support.
- Provide you with notices about your account.
- Notify you about changes to our Services.
- Allow you to participate in interactive features offered through our Services.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third party services that may be of interest to you.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
How We Share the Information We Collect
- To contractors, service providers and other third parties whom we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To third parties, to market their products or services to you if you have consented to receive the promotional updates. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfil the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, Twitter, Google +, LinkedIn, Instagram, Pinterest, or use your social media credentials to login or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Eikowa, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Consent. We may share your information in any other circumstances where we have your consent.
Information Sharing and Disclosure
When you register for the Website and create an account, your Personal Information (including, but not limited to, your name) will be publicly viewable through the Website. We recommend that you guard your sensitive information and we encourage you to think carefully about what information you post via the Website. If you choose to purchase Original Works of Art via the Website and Services, we will share your name and postal address with the Member who listed the work for sale on the Website to enable that Member to ship the purchased work directly to you.
Google + Connect
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
We may employ third party companies and individuals to facilitate our Services, to provide our Services on our behalf, to perform Website-related services (e.g., without limitation, payment processing, billing and shipping services, maintenance services, database management, web analytics and improvement of the Website's features) or to assist us in analysing how our Website and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement
Eikowa cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect the property and rights of Eikowa or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Eikowa may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
To delete all Personal Information, you have provided to Eikowa, you must contact us at firstname.lastname@example.org If you completely delete all such information, your account may be deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.
The security of your Personal Information is important to Eikowa. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) via the Website, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Website in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Policy Towards Children
This Website is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our data.
Links to Other Websites
Our Website contains links to other Websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's Website. The fact that we link to a Website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party Websites. These other Websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other Websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other Websites you visit.
Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about you. We seek to ensure compliance with the requirements of the Information Technology Act, 2000 and Rules made there under to ensure the protection and preservation of your privacy.
Eikowa does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved offline only to ensure that the data/credit card information received is not accessible to anyone after completion of the online transaction and to ensure the maximum security.
Eikowa uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
Eikowa shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below