This policy governs the collection and processing of personal data by ESKAY PHARMCY a brand of ESKAY ALLIED PVT LTD (hereinafter “the Company”). As an international exporter, we comply with the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and India’s Digital Personal Data Protection (DPDP) Act. By interacting with ESKAY PHARMACY, you provide explicit, informed consent to the data practices described herein.
2. DATA CONTROLLER & RESPONSIBILITY
The Data Controller for all global operations is ESKAY ALLIED PVT LTD, registered in Delhi, India. All processing of health and identity data is conducted under strict pharmaceutical confidentiality protocols required for the export of medicinal products.
3. SENSITIVE HEALTH DATA & LEGAL BASIS
To fulfill international medical orders, we process “Sensitive Personal Information.”
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Medical Prescriptions: We collect and store prescriptions to verify the legality of the sale under Indian law and for customs verification.
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Identity Verification: We may collect government-issued IDs to comply with “Know Your Customer” (KYC) laws for international shipping.
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Legal Basis: Processing is conducted based on Contractual Necessity (to ship your order) and Explicit Consent (voluntarily provided by you at the point of upload).
4. CROSS-BORDER DATA TRANSFERS (EXPORT PROTOCOL)
As a worldwide exporter, your data will be transferred from your country to our servers in India and subsequently to third countries.
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Customs Disclosure: You acknowledge that your name, address, phone number, and often the contents of your parcel (medication name) will be disclosed to:
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Indian Customs (Exporting Country).
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Destination Customs (Your Country).
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International Logistics Carriers (DHL, FedEx, UPS, EMS).
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Consent to Transfer: By placing an order, you provide an irrevocable mandate for this cross-border transfer. The Company is not liable for how government customs agencies or third-party couriers store or protect your data once it is in their possession.
5. DATA SECURITY & LIABILITY LIMITATION
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Technical Safeguards: We employ 256-bit SSL encryption and secure firewalls.
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Security Disclaimer: No international data transmission is 100% secure. ESKAY PHARMACY does not warrant or guarantee that data will be free from unauthorized access or “hacking.”
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Liability Cap: In the event of a data breach, the Company’s liability is limited to the maximum extent permitted by Indian law. We are not liable for indirect, incidental, or consequential damages resulting from a cyber-attack.
6. DATA RETENTION & DELETION LIMITS
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Statutory Records: As a pharmacy, we are legally mandated by the Drugs and Cosmetics Act (India) to retain sales and prescription records for a specific duration (typically 3–5 years).
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Non-Erasure: Requests for “Right to be Forgotten” or data deletion will be denied if the data is required for active legal, tax, or pharmaceutical regulatory compliance.
7. YOUR GLOBAL RIGHTS
Depending on your location, you may have rights under GDPR or CCPA, including:
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Right of Access: Requesting a copy of your stored data.
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Right to Restrict Processing: Withdrawing consent for marketing (while maintaining consent for shipping).
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Automated Decision Making: We do not use automated profiling for medical dispensing; all orders are reviewed by a human pharmacist.
8. COOKIES & TRACKING FOR FRAUD PREVENTION
We use persistent and session cookies to prevent fraudulent transactions and “chargeback” abuse. This includes tracking IP addresses and device fingerprints to verify the identity of the “Importer of Record.”
9. INDEMNIFICATION
The User/Customer agrees to indemnify ESKAY ALLIED PVT LTD and ESKAY PHARMACY against any legal costs, fines, or penalties resulting from the Customer providing fraudulent medical documents or false identity data.
10. JURISDICTIONAL MANDATE
This Privacy Policy and all data disputes are governed exclusively by the laws of India. Any legal proceedings shall be conducted solely in the courts of Delhi, India.