PRIVACY

PRIVACY POLICY
Fashionablyin Ltd., incorporated under the Companies Act, 2006 in England
and Wales (hereinafter referred to as “Company”), having its registered office at
2-4 Exmoor Street, Unit No. 27, London, United Kingdom, W10 6BD. The
Company’s business operations are outsourced/managed by “TENT”, a sole
proprietorship, having its office at 329/A, Worli Village, Mumbai – 400030,
India, the creator of this Privacy Policy ensures firm commitment to the user’s
privacy vis-à-vis the protection of the User’s priceless information. In order to
endow user with uninterrupted use of services, the Company may collect and, in
some circumstances, disclose information about user. To enhance better
protection of user’s privacy the Company provides this notice explaining
information practices and the choices user can make about the way their
information is collected and used.
All visitors to “www.fashionablyin.com” (hereinafter the “Website”) are
advised to read and understand the Company’s Privacy Policy carefully, as by
accessing the Website the user agrees to be bound by the terms and conditions of
the Privacy Policy and consent to the collection, storage and use of information
relating to user as provided herein.
If user does not agree with the terms and conditions of Company’s Privacy
Policy, including in relation to the manner of collection or use of their
information, please do not use or access the Site.
If user has any questions or concerns regarding this privacy policy, the user
should contact Company’s Customer Support Desk at [email protected]
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE
MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER,
ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF
ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY
MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY
POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS
CONTAINED WITHIN IT IN ANY MANNER.
1. DEFINITIONS:
a. “We”, “Our”, and “Us”, “Company” “Website”, “Fashionablyin” and
“TENT” shall mean and refer to the creators of this privacy policy.
b. “You”, “Your” “Business Client/Client”, “Buyer/Supplier” or “User”
shall mean and refer to legal entities and legally responsible partnerships who
wish to register for the Fashionablyin web platform and receive the opportunities
to showcase their products and services as well as connect with each other.
c. The term “Platform” shall mean and refer to the Fashionablyin web platform
available at http://www.fashionablyin.com and http://fashionablyin.com
(hereinafter the “Website”).
d. “Personal Information” shall mean and refer to any personally identifiable
information that the Company may collect from the user. For removal of any
doubts, please refer to Clause 2.
e. “Third Parties” refer to any Website, website, company or individual apart from
the User and the creator of the Website.
2. OVERVIEW
The Company commits to respecting the user’s online privacy data. The Company
further recognizes the user’s need for appropriate protection and management of
any personally identifiable information (“Personal Information”) they share
with the Company. Information that is considered personal about the user by the
Company includes, but is not limited to, user’s name, address, email address,
business information, phone number or other contact information.
In order to avail any services through the Website, the user is required to provide
the following information which includes, but is not limited to:
a) Basic information such as device information, operating system, and operating
system provided advertising id, IP address, date and time of every user request.
b) User interaction with Company service such as ‘like’ or ‘dislike’ a product or an
inspiration, adding or removing products and inspirations to wish list, sharing a
product or inspiration to social media sites such as Facebook, Google, Twitter etc.
and other interactions and dialogs during interactive search.
c) The Company may use ‘aggregate’ level user information to build marketing
profiles, develop technology that can improve user experience, analyze usage of
Company Website.
Once a user registers, he/she is no longer anonymous and it is deemed that the
user has given the Company the right to publish the desired business & personal
details throughout its marketplaces, including but not limited to, business
directory, trade leads, catalogs etc.
When the user is on the Company network and is asked for personal information,
the user is sharing the information with the Company alone, unless it is
specifically stated otherwise. Promotions that run on Company network may be
sponsored by companies other than the Company or may be co-sponsored by the
Company and another company. Some or all data collected during a promotion
may be shared with the sponsor. However, the user can decide not to participate
in the promotion if he/she doesn’t want their data to be shared.
The Company also gathers usage statistics such as pages viewed, number of
unique visitors, browser software, screen resolution etc. for analysis that helps
the Company provide the user improved user experience and services.
This privacy policy also applies to data the Company collects from users who are
not registered as members of this site, including, but not limited to, browsing
behavior, pages viewed etc.
3. NOTIFICATION OF MODIFICATIONS AND CHANGES TO THE T&C AND
PRIVACY POLICY
The Company reserves the right to change the Terms and Privacy Policy from
time to time as it deems fit, without any intimation to the user, and the user’s
continued use of the site will signify his/her acceptance of any amendment to
these terms.
The users are therefore advised to re-read the Terms of Service on a regular basis.
Should it be that the user does not accept any of the modifications or
amendments to the Terms, he/she may terminate the use of this website
immediately.
4. INFORMATION THE COMPANY COLLECTS
The Website’s online requisition form requires users to give contact information
(like their name, address, telephone number and email address), and
demographic information (like their zip code/pin code). As a member, the user is
required to provide a valid email address at registration and choose a username
or alias that represents his/her identity on the website. This information is
compiled and analyzed on an aggregated basis. This information may include the
URL that the user just came from (whether this URL is on the Site or not), which
URL he/she next goes to (whether this URL is on the Site or not), his/her
computer browser information, IP address, and other information associated
with his/her interaction with the Site.
The Website also collects and stores personal information provided by the user
from time to time on the Site. The Company only collects and uses such
information from the user that the Company considers necessary for achieving a
seamless, efficient and safe experience, customized to user needs including:
 To enable the provision of services opted for by the user;
 To communicate necessary account and product/service related information
from time to time;
 To allow user to receive quality customer care services;
 To undertake necessary fraud and money laundering prevention checks, and
comply with the highest security standards;
 To comply with applicable laws, rules and regulations; and
 To provide user with information and offers on services, on updates, on
promotions, on related, affiliated or associated service providers and partners,
that the Company believes would be of interest to the user.
Where any service requested by the user involves a third party, such information
as is reasonably necessary by the Company to carry out user service request may
be shared with such third party.
The Company also uses the user’s contact information to send him/her offers
based on his/her interests and prior activity. The Company may also use contact
information internally to direct its efforts for product improvement, to contact
user as a survey respondent, to notify user if he/she wins any contest; and to send
user promotional materials from its contest sponsors or advertisers.
Further, the user may from time to time choose to provide payment related
financial information (credit card, debit card, bank account details, billing
address etc.) on the Website. The Company is committed to keeping all such
sensitive data/information safe at all times and ensures that such
data/information is only transacted over secure Website of approved payment
gateways which are digitally encrypted, and provide the highest possible degree
of care available under the technology presently in use.
The Company shall not use the user’s financial information for any purpose other
than to complete a transaction with the user.
To the extent possible, the Company provides the user the option of not divulging
any specific information that he/she wishes for the Company not to collect, store
or use. The user may also choose not to use a particular service or feature on the
Website, and opt out of any non-essential communications from the Company.
Further, transacting over the internet has inherent risks which can only be
avoided by the user following security practices on their own, such as not
revealing account/login related information to any other person and informing
the Company’s customer care team about any suspicious activity or where the
user account has/may have been compromised.
5. HOW INFORMATION IS COLLECTED
a. Before or at the time of collecting personal information, the Company will
identify the purposes for which information is being collected.
b. The Company will collect and use personal information solely with the objective
of fulfilling those purposes specified by the Company and for other compatible
purposes, unless they obtain the consent of the individual concerned or as
required by law.
c. The Company will only retain personal information as long as necessary for the
fulfilment of those purposes.
d. The Company will collect personal information by lawful and fair means and,
where appropriate, with the knowledge or consent of the individual concerned.
e. Personal data should be relevant to the purposes for which it is to be used, and, to
the extent necessary for those purposes, should be accurate, complete, and up-todate.

6. EXTERNAL LINKS ON WEBSITE
The Website may include hyperlinks to other web sites or content or resources.
The Company has no control over any websites or resources, which are provided
by companies or persons other than the Company.
The user acknowledges and agrees that the Company is not responsible for the
availability of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such websites or
resources.
The user acknowledges and agrees that the Company is not liable for any loss or
damage which may be incurred by the user as a result of the availability of those
external sites or resources, or as a result of any reliance placed by user on the
completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such websites or resources. These third-party
service providers and Third-Party Sites may have their own privacy policies
governing the storage and retention of the user’s personal information that the
user may be subject to. The Company recommends that when the user enters a
Third-Party Website, he/she review the Third Party Site’s privacy policy as it
relates to safeguarding his/her personal information. The Company uses thirdparty
advertising companies to serve ads when the user visits the Website.
7. THE COMPANY’S USE OF USER’S INFORMATION
The Company’s primary goal in collecting personal or public information is to
provide the user with a customized experience on the Company’s network of sites.
This includes personalized services, interactive communication and other
services, most of which are completely free and remaining are paid. Business
information is used to display the user’s business listing or product offerings
across the Company network to fetch maximum business opportunities for the
user.
In order to provide free services, the Company displays advertisements based
upon the site usage statistics and visitor trends. The Company uses user’s
personal & business information to serve targeted advertisements through its
websites, newsletters and customized mailers. In addition to it, once the user’s
personal and business information is displayed on the Company network, the
user may start receiving business enquiries through email, phone calls or SMS
notifications, from various buyers and sellers that might or might not be of their
interest. The Company does not exercise any control over its users for sending
business enquiries to the listed members.
The Company records buying and browsing activities of its users including but
not limited to their client’s contact details and profiles and uses the same to
provide value-added services to the users.
User’s contact information is also used to contact the user when necessary. The
Company uses the user’s IP address to help diagnose problems with the Company
server, and to administer Company Website. User’s IP address is also used to
help identify user and to gather broad demographic information. Finally, the
Company may use user’s IP address to help protect its partners and itself from
fraud. The Company will continue to enhance its security procedures as new
technology becomes available. The Company will transfer information about user
if it is acquired by or merged with another company. In this event, the Company
will notify the user by email or by putting a prominent notice on the site before
information about the user is transferred and becomes subject to a different
privacy policy.
The Company may release user’s personal information to a third-party in order to
comply with a Court Order or other similar legal procedure, or when it believes in
good faith that such disclosure is necessary to comply with the law; prevent
imminent physical harm or financial loss; or investigate or take action regarding
illegal activities, suspected fraud, or violations of its Terms of Use. The Company
may disclose personally identifiable information to parties in compliance with its
Copyright Policy as mentioned in the Terms of Use as the Company in its sole
discretion believes necessary or appropriate in connection with an investigation
of fraud, intellectual property infringement, piracy, or other unlawful activity. In
such events, the Company may disclose name, address, country, phone number,
email address and company name.
8. COOKIES
The Company, and third parties with whom it partners, may use cookies, pixel
tags, web beacons, mobile device IDs, “flash cookies” and similar files or
technologies to collect and store information in respect to user’s use of the
Services and third party websites. A cookie is a small text file that is stored on
user’s computer that enables the Company to recognize the user (for example, as
a registered user) when he/she visits Company’s website, store user’s preferences
and settings, enhance user experience by delivering content and advertising
specific to user interests, perform research and analytics, track user’s use of the
Company’s Services, and assist with security and administrative functions.
Cookies may be persistent or stored only during an individual session.
Google, as a third party vendor, uses cookies to serve ads on the Company’s
Website. Google’s use of the DART cookie enables it and its partners to serve ads
to the Company’s users based on their visit to the Company sites and/or other
sites on the internet. Users may opt out of the use of the DART cookie by visiting
the Google ad and content network privacy policy.
a. Most browsers are set to automatically allow cookies. Please note it may be
possible to disable some (but not all) cookies through the user’s device or
browser settings, but doing so may interfere with certain functionality on the
Services.
b. Major browsers provide users with various options when it comes to cookies.
Users can usually set their browsers to block all third-party cookies (which are
those set by third-party companies collecting information on websites
operated by other companies), block all cookies (including first-party cookies
such as the ones the Company uses to collect search activity information
about its users), or block specific cookies.
c. To modify cookie settings, the user shall visit his/her browser’s help settings.
The user will need to opt out on each browser and each device he/she uses to
access the Services. Flash cookies operate differently than browser cookies
and cannot be removed or blocked via web browser settings. By using the
Company’s Services with user’s browser set to accept cookies he/she is
consenting to Company’s use of cookies in the manner described in this
section.
d. Third parties whose products or services are accessible or advertised through
the Services, including social media services, may also use cookies or similar
tools, and the Company advises user to check their privacy policies for
information about their cookies and other practices. The Company does not
control the practices of such partners and their privacy policies govern their
interactions with the user.
9. CONFIDENTIALITY
The user further acknowledges that the Website may contain information which
is designated confidential by the Company and that the user shall not disclose
such information without the Company’s prior written consent.
User’s information is regarded as confidential and therefore will not be divulged
to any third party, unless if legally required to do so to the appropriate
authorities.
The Company will not sell, share, or rent user’s personal information to any third
party or use the user’s e-mail address for unsolicited mail. Any emails sent by the
Company will only be in connection with the provision of agreed services.
10. THE COMPANY’S DISCLOSURE OF USER’S INFORMATION
Due to the existing regulatory environment, the Company cannot ensure that all
of user’s private communications and other personally identifiable information
will never be disclosed in ways not otherwise described in this Privacy Policy. By
way of example (without limiting and foregoing), the Company may be forced to
disclose information to the government, law enforcement agencies or third
parties. Under certain circumstances, third parties may unlawfully intercept or
access transmissions or private communications, or members may abuse or
misuse user’s information that they collect from the Company’s Website.
Therefore, although the Company uses industry standard practices to protect
user privacy, it does not promise, and the user should not expect, that his/her
personally identifiable information or private communications would always
remain private.
The Company does not display user email addresses on marketplace to avoid
extraction by email extractors. However, Personal information collected may be
transferred and shared in the event of a sale.
The Company may anonymize and/or de-identify information collected from the
user through the Services or via other means, including via the use of third-party
web analytic tools. As a result, the Company’s use and disclosure of aggregated
and/or de-identified information is not restricted by this Privacy Policy, and it
may be used and disclosed to others without limitation.
The Company may, from time to time, send its Users emails regarding its
products and services. The Company constantly tries and improves the
marketplace tools for better efficiency, more relevancy, innovative business
matchmaking and better personal preferences. The Company has many match
making tools on the marketplace to be used by its Users for making relevant
business contacts with each other. The Company may allow direct mails using its
own scripts (without disclosing the email address) with respect to the products
and services of third parties that it feels may be of interest to the user or if the
user has shown interest in another company for business requirement by way of
the Company’s paid buyers-sellers contact services. All users shall be able to
control the information sharing through their administration panel available
at http://Fashionablyin.com/profile. Only the Company, its registered members
or its agents working under confidentiality agreements will send these direct
mailers. Relevancy of the contacts made between Users would depend upon the
information sought and given by various Users.
As a matter of policy, the Company does not sell or rent any personally
identifiable information about its users to any third party. However, the following
describes some of the ways that a user’s personally identifiable information may
be disclosed:
a. External Service Providers: There may be a number of services offered by
external service providers that helps users use the Company’s Website. If the user
chooses to use these optional services, and in the course of doing so, discloses
information to the external service providers, and/or grants them permission to
collect information about him/her, then their use of the user’s information is
governed by their private policy.
b. Other Corporate Entities: The Company shares much of its data, including
personally identifiable information about the user, with its parent and/or
subsidiaries that are committed to serving the user’s online needs and related
services, throughout the world. Such data will be shared for the sole purpose of
enhancing the user’s browsing experience and providing the Company’s services
to the user. To the extent that these entities have access to the user’s information,
they will treat it at least as protectively as they treat information they obtain from
their other members. It is possible that the Company and/or its subsidiaries, or
any combination of such, could merge with or be acquired by another business
entity. Should such a combination occur, the user should expect that the
Company would share some or all of your information in order to continue to
provide the service. The user will receive notice of such event (to the extent that it
occurs).
c. Law and Order: The Company cooperates with law enforcement inquiries, as
well as other third parties to enforce laws, such as: intellectual property rights,
fraud and other rights. The Company can (and the user authorizes the Company
to) disclose any information about the user to law enforcement and other
government officials as the Company, in its sole discretion, believes necessary or
appropriate, in connection with an investigation of fraud, intellectual property
infringements, or other activity that is illegal or may expose the Company or its
users to legal liability.
11. ACCESSING AND REVIEWING INFORMATION
Following registration, a User may edit his/her account information and profile
by logging onto the Company’s website and/or by sending a request to
[email protected] The requested changes may take upto 30 days to
appear online due to verification process and to server cache policies. If the user
changes any information they Company may keep track of user’s old information.
The user can change his/her registration information such as: name, address,
city, state, zip code, country, phone number, and profile.
A user account can be deleted or deactivated, but doing so will result in the user
not being able to access any members-only area of the network. The Company
will retain in its files information the user has requested to be removed for
certain circumstances, such as to resolve disputes, troubleshoot problems and to
enforce its terms and conditions. Further, such prior information is never
completely removed from the Company’s databases due to technical and legal
constraints, including stored ‘back up’ systems. Therefore, the user should not
expect that all of his/her personally identifiable information will be completely
removed from the Company’s databases in response to his/her requests.
12. CONTROL OF USER’S PASSWORD
When the user signs up to become a Member, he/she will also be asked to choose
a password. The user is entirely responsible for maintaining the confidentiality of
his/her password. It is important that the user protect it against unauthorized
access of his/her account and information by choosing his/her password
carefully, and keeping his/her password and computer secure by signing out after
using the Company’s services.
The user agrees not to use the account, username, email address or password of
another member at any time or to disclose his/her password to any third party. If
the user chooses to share this information with third parties to provide him/her
additional services, the user is responsible for all actions taken with his/her login
information and password and therefore should review each third party’s privacy
policy. The user is responsible for all actions taken with his/her login information
and password, including fees. If the user loses control of his/her password,
he/she may lose substantial control over his/her personally identifiable
information and may be subject to legally binding actions taken on his/her
behalf. Therefore, if the user’s password has been compromised for any reason,
he/she should immediately change his/her password. The user agrees to notify
the Company immediately if he/she suspects any consistent unauthorized use of
his/her account or access to his/her password even after changing it.
13. OTHER INFORMATION COLLECTORS
Except as otherwise expressly included in this Privacy Policy, this document only
addresses the use and disclosure of information the Company collects from the
user. To the extent that the user discloses his/her information to other parties,
whether they are on the Company’s Website or on other sites throughout the
Internet, different rules may apply to their use or disclosure of the information
the user discloses to them. To the extent that the Company uses third party
advertisers, they adhere to their own privacy policies. Since the Company does
not control the privacy policies of the third parties, the user is subject to ask
questions before he/she discloses his/her personal information to others.
14. SECURITY
The Company treats data as an asset that must be protected against loss and
unauthorized access. The Company employs many different security techniques
to protect such data from unauthorized access by members inside and outside the
company. The Company does not recommend transfer of sensitive information
(such as credit card number) and bank account details via the Website to other
Users. Users are recommended to do so offline, on the phone or via personal
emails. The Company follows generally accepted industry standards to protect
the personal information submitted to it, both during transmission and once it
receives it. However, “perfect security” does not exist on the Internet. The user
therefore agrees that any security breaches beyond the control of the Company’s
standard security procedures are at the user’s sole risk and discretion. The user
should keep in mind that whenever he/she posts personal & business information
online, that is accessible to the public, he/she may receive unsolicited messages
from other parties.
As with all information, the Company does not sell any data in bulk to third party
that can be misused for telemarketing or bulk mailing or any other wrong
purposes. In addition, the Company does not sell any user’s personal information
or business information until and unless it is permitted by the User. Any user
statistics that the Company may provide to prospective advertisers or partners
regarding product or service usage on its network is provided in an aggregate
form only and does not include any personally identifiable information about any
individual user. Users may log in to http://Fashionablyin.com/profile to check
current status of their contact sharing permissions.
The Company requests its users to sign out of their Fashionablyin account and
close their browser window when they have finished their work. This is to ensure
that others cannot access their personal or business information and
correspondence, if the User shares the computer with someone else or is using a
computer in a public place.
15. DISCLAIMER
The Company cannot ensure that all of the user’s private communications and
other personal information (including sensitive information like credit card
information and bank account number) will never be disclosed in ways not
otherwise described in this Privacy Policy. Therefore, although the Company is
committed to protecting the user’s privacy, it does not promise, and user should
not expect, that his/her personal information will always remain private. As a
user of the Website, the user understands and agrees that he/she assumes all
responsibility and risk for his/her use of the Website, the internet generally, and
the documents he/she posts or accesses and for his/her conduct on and off the
Site.
Fashionablyin.com is a virtual fashion showroom that facilitates and introduces
buyers and sellers to do business. It only advertises and/or showcases the
products posted by the Suppliers listed on the Website. There is no guarantee
that there will be business, although the Company does its best to make sure each
of its client gets maximum results and meets the most relevant buyers. The
Buyers and Suppliers assure Fashionablyin and hereby agree to abide by and be
compliant of all the related laws, rules, regulations, notifications or orders issued
by the Government of India or any of its Agencies from time to time.
Fashionablyin shall not be responsible for any information/content
posted/provided/displayed by the listed Suppliers on its Website, as it is only a
medium of advertisement for the Buyers and Suppliers. Suppliers of products
hereby undertake that they shall solely be responsible and shall bear all the
liabilities in respect of selling their products. In the event of breach of such
condition, Fashionablyin shall not be liable and responsible in any manner
whatsoever, as Fashionablyin does not take part in the actual transaction that
takes place between the Buyers and Suppliers.
Users of the website undertake and agree to Indemnify and hold harmless
Fashionablyin or any of its affiliates, directors, officers, employees or
representatives from and against any/all losses, liabilities, damages, claims, costs
and expenses (including attorney’s fees and expenses, any third party claims),
which Fashionablyin may incur or suffer as a result of or in connection with any
business transaction between Buyer and Seller. Fashionablyin does not offer any
guarantees or warranties on the products or services displayed or listed on its
Website and is not liable for any transaction between the Buyers & Suppliers.
16. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds,
and other claims through this policy will be resolved through a two-step Alternate
Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to
be resolved by a sole mediator who is a neutral third party and will be selected at
the mutual acceptance of a proposed mediator by both parties. Both parties may
raise a name for sole arbitrator and in case both parties accept the proposed
name, the said person shall be appointed as sole mediator. In any case the parties
are not able to reach a consensus within two proposed mediators, the Company
reserves the right to decide who the final mediator is. The decision of the
mediator is not binding on both parties, however the parties in good faith will
attempt to bind by the decision.
b. Stage 2: Arbitration. In case that mediation does not yield a result suitable
or preferred by any one of the parties, arbitration may follow, the award of which
is binding on both parties. The Arbitration Board shall comprise three members
– one appointed by each party and the third member to be nominated by the two
appointed members by mutual consent. Arbitration shall be held at Mumbai,
Maharashtra, India. The proceedings of arbitration shall be in the English
language. The arbitrator’s award shall be final and binding on the Parties. If the
dispute cannot be resolved by this two-step Alternate Disp1ute Resolution
mechanism, it shall be referred to the courts at Mumbai, Maharashtra, India.
17. QUESTIONS AND SUGGESTIONS
If the user has any questions or concerns regarding this privacy policy, he/she
should contact the Company by sending an e-mail to [email protected]

© 2017 Fashionablyin. All Rights Reserved.

 
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