We, ARC CRAFT EXPORTS PRIVATE LIMITED, a company incorporated under the laws of India, having its business address at Office No. 4, The Thar Dry Port, Near Muni Kripa Ashram, Sanand, Ahmedabad, Gujarat – 382110 operating under the trade name – THE FASHION EDIT (hereinafter referred to as "TFE" or "we" or "us" or "our") are committed to protecting and respecting your privacy.
By accessing, browsing or using its services and / or registering for an account with TFE, you agree to this Policy and you are consenting to TFE's collection, processing, use, disclosure, retention, and protection of your Personal Data and/or Sensitive Personal Data. If you do not provide the Personal Data and/or Sensitive Personal Data TFE requires, TFE may not be able to provide all of its services to you.
The words "you" or "your" or "User" as used herein, refer to all individuals and/or entities browsing, accessing or using the Website or services for any reason.
By using, accessing, browsing our Website and/or using our services you agree that you have read the Policy and understood the purpose for which your Personal Data and/or Sensitive Personal Data is being collected and how the same shall be used and provide us with your express consent to such purpose and use. If, at a later date, you wish to withdraw this consent, please send us an email at email@example.com.
By signing up you further represent that you are 18 (eighteen) years of age or older than the age prescribed in your country of residence for a child.
IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE OR ACCESS THE WEBSITE AND/OR OUR SERVICES.
This Policy describes the information including Personal Data and/or Sensitive Personal Data, as part of the normal operation of our services, that we collect from you and what may happen to that information. This Policy DOES NOT apply to information that you provide to, or that is collected by, any third-party, such as social networks that you use which are not in connection with our services. TFE encourages you to consult directly with such third-parties about their privacy practices. We have prepared a detailed policy because we believe you should know as much as possible about the Website, services and our practices so that you can make informed decisions.
1. Your Privacy - Our Commitment
1.1 We are extremely proud of our commitment to protect your privacy. We value your trust in us. We will work hard to earn your confidence so that you can use our services unhesitatingly and recommend us to friends and family. Please read the following policy to understand how your Personal Data and/or Sensitive Personal Data will be treated as you make full use of our Website.
1.2 For the purposes of this Policy, the following terms shall have the meaning set forth below
"Applicable Laws" shall mean any and all: (a) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (b) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.
"Data Protection Law" shall mean any data protection, data security or privacy law, including, without limitation, the EU General Data Protection Regulation 2016/679 (the "GDPR") and any laws governing Personal Data, Sensitive Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.
"Governmental Authority" means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.
"Opt-Out" means (as the case may be) a tick on our login page indicating your refusal to our use of your Personal Data and the mechanism explained in Clause 5 of this Policy.
"Party" refers individually to each of you and TFE.
"Parties" refer to both you and TFE jointly.
"Personal Data" shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes "personal data" under the GDPR or similar terms under other Data Protection Law.
"Sensitive Personal Data or Information" with respect to a person shall mean such personal information which consists of information relating to:
- financial information such as bank account or credit card or debit card or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information;
- any detail relating to the above clauses as provided to body corporate for providing service; and
- any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
1.3 We understand that you entrust us with certain Personal Data and/or Sensitive Personal Data and in exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with the terms of this Policy.
2. Information We Collect
2.1 Personal Data and Sensitive Personal Data
When you use our Website, we collect and store your Personal Data and/or Sensitive Personal Data. Our primary goal in doing so is to provide a safe, efficient and customized experience to our users accessing the Website. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. Importantly, we only collect Personal Data and/or Sensitive Personal Data about you that we consider necessary for achieving this purpose.
Although you can browse through the Website without giving any Personal Data and/or Sensitive Personal Data about yourself, Personal Data and/or Sensitive Personal Data is required in order to create an account and thereafter undertake transactions on the Website and avail of our services. To use our services on our Website, you will need to register and create an account ("Account"), where you may be required to provide us with your contact and identity information and other Personal Data and/or Sensitive Personal Data as indicated in the Website and complete the registration process. Where possible, we indicate which fields are mandatorily required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website, unless we require it so. Your Account Personal Data and/or Sensitive Personal Data is protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Data and/or Sensitive Personal Data by selecting and protecting your password appropriately and limiting access to your mobile phone and browser by signing off after you have finished accessing your Account. We endeavor to safeguard User information to ensure that User Account information is kept private. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We advise you to not share login credentials/Account information with anyone to avoid unauthorized access.
2.2 Location Information, Device Information, IP Address, Advertisement Information
When you access the Website, your Internet Protocol ("IP") address is recorded by us. This method ensures smooth operations and protection against attacks. The temporary storage of the IP address by the system is necessary to enable usage of our Website and services. This requires the User's IP address to be saved for the duration of the session. We may be able to determine from an IP address a User's Internet Service Provider and the geographic location of his or her point of connectivity. This information is deleted periodically by us.
We may collect information about the apps, browsers, and devices you use to access our Website, which helps us provide features like automatic service updates. The information we collect may include unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number.
We may also track, collect and aggregate information indicating, among other things, which pages of our Website were visited, when they were visited, and which hyperlinks were clicked.
2.3 Information Automatically Collected/ Acquired Information
We may automatically track certain information about you based upon your behavior on our Website or while accessing our services. You agree that we may use such information to do internal research on our Users' demographics, interests, and behavior to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis.
You agree, if you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect and/or store such information.
2.4 Third-Party Tools
3. Use of your Data
3.1 We are the sole owners of your Personal Data and/or Sensitive Personal Data collected on this Website. We only have access to and/or collect Personal Data and/or Sensitive Personal Data that you give us or that is collected while accessing our Website, using our services or via e-mail or other direct contact from you.
3.2 The purposes for which Personal Data and/or Sensitive Personal Data may be used by us include:
(a) to enable you to access and use our Website and interact with third party service providers engaged by TFE on the Website;
(b) ensuring that the content of the Website are presented in the most effective manner for you and for your computers and other devices;
(c) providing you with alerts, newsletters, materials or information that you have requested or signed up to;
(d) carrying out our obligations arising from any contracts entered into between you and us;
(e) allowing you to participate in interactive features of our Website, when you choose to do so;
(f) complying with the Applicable Laws and regulations;
(g) for legal proceedings, including collecting overdue amounts and seeking professional advice;
(h) improving and furthering our services on the Website subject to your exercise of the Opt-Out;
(i) informing you about our latest deals, products, services, updates and special offers and for promotion and marketing purposes;
(j) resolving disputes; troubleshooting problems; measuring your interest in the services provided by us;
(k) customizing your experience; detecting and protecting us against error, fraud and other criminal activity;
(m) providing customer service;
(n) sending service or support messages, security alerts, Account notifications, updates etc.;
(o) optimizing the Website and User experience and customizing your experience;
(p) improving our marketing and promotional efforts, to analyze site usage, push relevant advertisements, improve our services content and service offerings, and customize the Website's content, layout, and services; and
(q) purposes directly related or incidental to any of the above.
4. Disclosure of Your Personal Data
4.1 Personal Data and Sensitive Personal Data will also be used to facilitate communication, and processing of internal administrative and record keeping. We will keep the Personal Data and Sensitive Personal Data we hold confidential and take steps to prevent unauthorized disclosures of the same to the best of our ability. However, you agree we may disclose such information to:
Our personnel, employees, agents, advisers, auditors, contractors, financial institutions, and service providers to the extent reasonably necessary for the provision and maintenance of the services or in connection with any of our operations;
our overseas offices, affiliates, business partners and counterparts (if any);
persons under a duty of confidentiality to us;
persons to whom we are required to make disclosure under Applicable Laws and regulations;
from time to time, to reveal general statistical information about our Website and visitors, such as number of visitors, number and type of products and services purchased, etc; or
actual or proposed transferees or participants of our services.
4.2 All your activity on our Website from the time you logon until you logoff is encrypted with a SSL certificate to ensure it remains private. We neither capture nor store your credit/debit card information.
4.3 Further, you agree that we may share your Personal Data and/or Sensitive Personal Data for the following activities with from time-to-time:
When you access the Website, use our services or enter Personal Data and/or Sensitive Personal Data on the Website, such Personal Data and/or Sensitive Personal Data is used by us in accordance with the terms of this Policy. We may also aggregate (gather up data across all Accounts) information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. We don’t share Personal Data and/or Sensitive Personal Data that personally identifies you with advertisers, such as your name or email, unless you ask us to.
Services Offered on the Website by Third Parties
Posting to Public Forums
Please remember that if you post any of your Personal Data and/or Sensitive Personal Data in public forums of the Website, such information may be collected and used by others over whom we have no control. You are to please note that these posts may be made available in the public domain.
5. Data Retention
5.1 We may retain Personal Data for as long as it is necessary. It may be archived as long as we believe that the purpose for which it was used still exists or as necessary for our legitimate business interests or for complying with legal obligations. We will retain your Personal Data until the purpose for which that Personal Data was collected is no longer being served by the retention of the Personal Data, and the Personal Data does not need to be retained any longer for any legal or business purpose.
5.2 If you decide to tick the 'Opt-out' box, you are indicating that you DO NOT wish TFE to use your Personal Data in direct marketing and DO NOT wish to receive direct marketing materials by phone, SMS, mail, email, fax or any other communication channels and DO NOT wish TFE to provide your Personal Data to any other persons for their use in advertising and marketing, whether or not such persons are Users of TFE except where you have applied for or will apply for any service that is provided by TFE jointly with a co-branding partner, such Opt-out will not apply to such co- branding partner to whom you have consented or shall consent to the provision of your Personal Data separately.
5.3 If you decide to delete your Account, we will delete all such data within a reasonable time after the termination of your Account or after cessation of the subject matter to which such Personal Data relates, subject to retention for purposes of complying with Applicable Laws, resolving disputes, enforcing the terms of our agreement with you.
6. Your Consent and Rights
6.1 You have the following rights:
(a) to check whether we hold Personal Data about you and to access such data;
(b) to ask for a copy of the Personal Data we hold about you;
(c) to require us to correct when communicated to us by you in writing, as soon as reasonably practicable any data relating to you that is inaccurate or deficient;
(d) to ascertain our policies and practices in relation to Personal Data and the kind of Personal Data held by us;
(e) to object to the use of your Personal Data for marketing purposes or any other purpose that you specifically inform us about. We shall not use your Personal Data for marketing purposes or other specific purpose after you communicate your objection to us; and
(f) to ask us to erase and forget your Personal Data.
6.2 Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to [□]. We reserve the right to charge a reasonable fee for processing any data access request(s).
7. Children’s Personal Data
Unless otherwise indicated, you are only allowed to use our Website and services if you are over the age of 18 (eighteen) years. We will only process information about children with the consent of the parents or legal guardian or when the information is provided to use by the parents or legal guardian.
8. Other Applications/Websites
Our services may contain links to other applications/websites. Please note that when you click on one of these links, you are entering another application/website over which TFE has no control and will bear no responsibility. Often these applications/websites require you to enter your Personal Data and/or Sensitive Personal Data. We encourage you to read the privacy statements/policies on all such applications/websites as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of Personal Data and/or Sensitive Personal or loss incurred by your use of these applications/websites.
We reserve the right to update, change or modify this Policy at any time. The amendment to this Policy shall come to effect from the time of such update, change or modification. We, therefore, encourage you to check and read this Policy from time to time to familiarize yourself with such updates.
10. Data Protection
10.1 We will (a) comply with all applicable Data Protection Laws and privacy laws; (b) comply with all standards that relate to Data Protection Law and privacy laws and the privacy and security of your Personal Data; (c) refrain from any action or inaction that could cause breach of any data protection and privacy laws; (d) do and execute, or arrange to be done and execute, each act, document and thing we deem necessary in our business judgment to keep us compliant with the Data Protection Laws and privacy laws; (e) immediately report theft or loss of Personal Data.
10.3 You agree that other than as stated in this Policy, we shall have the right to collect and/or use or analyse the Personal Data on an anonymised basis and in no way shall the Personal Data be used in a way that can lead to or reveals your identity.
11. Grievance Officer
In the event you have any grievances or questions about the Policy or if you wish to make a complaint regarding any violation of the provisions of the Policy and the way your Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be acknowledged within 48 (forty eight hours) and redressed within 1 (one) month from the date of receipt of grievance/complaint.
Email ID: firstname.lastname@example.org
Contact No: +91 6359880688
12. Dispute Resolution, Governing Law and Jurisdiction
12.1 Any complaint or dispute can be raised in writing to our compliance team at email@example.com.
12.2 This Policy shall be governed by and construed in accordance with the laws, rules and regulations of India, and the courts of Ahmedabad shall have exclusive jurisdiction over any disputes arising between the Parties.
12.3 If any disputes or claims arising under or out of or in connection with the execution, interpretation, performance, or non-performance of this Policy or in respect of the scope, validity or application of this Policy, or the subject matter hereof ("Dispute"), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
12.4 Any disputes between the parties regarding this Agreement shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators with 1 (one) arbitrator to be appointed by each Party and the 3rd (third) arbitrator to be appointed by the 2 (two) appointed arbitrators. The place of the arbitration shall be Ahmedabad and the language of the arbitration shall be English. The decision of the arbitrators shall be final and binding. The Parties waive any right of appeal to any court, insofar as such waiver can validly be made.
12.5 Each Party to the arbitration shall cooperate with each other Party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other Party in connection with such arbitration proceedings, subject only to any confidentiality obligations binding on such Party or any legal privilege applicable to any such information and/or documents.
We may assign any of our responsibilities/obligations to any other person without notice to the User, at our sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this Policy to any other party, unless a written consent is taken from us.
If any term or provision of this Policy is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of this Policy shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Any notice given by either Party to the other must be in writing, by email, and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email on was not received by the recipient’s email or web server. Notices to TFE must be sent by email to firstname.lastname@example.org or to any other email address notified by email to the User by TFE from time to time for such purpose.
16. Third Parties
No Third Party shall have any right, benefit or entitlement to enforce any terms of this Policy.
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