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  1. This document publishes the privacy policy (the “Privacy Policy”) of this website, www.fabtik.com (the “Website”) in furtherance to the Terms and Conditions of Use of this Website and as required under:
  2. a) Section 43A of the Information Technology Act, 2000 (the “Act”); and
  3. b) Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Rules”).

Section 43A of the Act and Rule 4 of the Rules shall hereinafter be collectively referred to as “Privacy Laws”.

  1. This Privacy Policy shall be deemed to be an integral part of the Terms and Conditions of Use and users (the “Users”) of the Website shall be deemed to have accepted the terms of this Privacy Policy during:
  2. a) General browsing of the Website;
  3. b) Placing an order in relation to the business operations (the “Business”) of this Website;
  4. c) During submission of personal information by any User in relation to the Business of this Website.
  5. Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Terms and Conditions of Use.
  6. The User acknowledges and understands that in relation to the sale and purchase of fashionable items through the Website, Fabtik may require and/or solicit “personal information” and “sensitive personal data or information” pertaining to the Users, as set out below.

The term “personal information” (the “Personal Information”), in terms of Rule 2 (i) of the Rules means, “any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

The term sensitive personal data or information (“SPDI”), in terms of Rule 3 means, “such Personal Information which consists of information relating to –

  1. a) Password;
  2. b) Financial information such as bank account or credit card or debit card or

other payment instrument details;

  1. c) Physical, physiological and mental health conditions;
  2. d) Sexual orientation;
  3. e) Medical records and history;
  4. f)  Biometric information;
  5. g)  Any detail relating to the above clauses as provided to body corporate for

providing service; and

  1. h) Any of the information received under above clauses by body corporate for

processing, stored or processes under lawful contract or otherwise.

  1. The Personal Information and SPDI obtained from a User in accordance with the terms of the Privacy Laws will be used by Fabtik solely for the purpose of processing and executing Orders received from such User in relation to the sale and purchase of fashionable items and Business of the Website, which constitutes the performance of a lawful and valid contract between Fabtik and the User. It is clarified that all Personal Information and SPDI obtained or received by Fabtik on the Website will be accessed, utilized and retained only by Fabtik and its authorized personnel for the foregoing purposes. It is further informed as a clarification, to Users that The Bengal Collective obtaining or receiving Personal Information and SPDI is a partnership firm organized under the Partnership Act, 1932 having its office at BJ-164, Salt Lake, Sector II, Near – 206 Bus Stand, Kolkata- 700091.
  2. Fabtik will solicit, obtain and receive the following Personal Information and SPDI for the purpose of Business:
  3. a) Name, age, gender, address and contact phone number of the User;
  4. b) Physical information of the individual User necessary to ascertain the

appropriate fashionable items for such User;

  1. c) Email address, user name and password for the purpose of registering the

User as a registered user:

  1. It is not compulsory for the User to provide all kinds of Personal Information and SPDI on the Website even in cases where the Website solicits such information. The User is strongly advised to provide such Personal Information or SPDI through the exercise of his/her sole judgment and discretion. In the event the User is not desirous of providing any Personal Information or SPDI, the User may abstain from providing such information and discontinue use of the Website or carrying out any transaction pertaining to the Business.
  2. In the event the User is desirous of amending or modifying Personal Information or SPDI provided to Fabtik on the Website, the User may do so by visiting his/her profile page on the Website. Fabtik freely permits deletion, modification and augmentation of information all provided on the Website.
  3. Subject to the provisions of the Terms of Use as regards the execution of Orders, the User is free to withdraw consent given to Fabtik for use of his/her Personal Information or SPDI. Upon receipt of information by Fabtik indicating withdrawal of consent to the use of User’s Personal Information or SPDI, Fabtik shall forthwith abstain from using such information and transacting Business thereof.
  4. The Website uses temporary cookies to store certain data (that is not SPDI or Personal Information) that is used by Fabtik for the technical administration of the Website, research and development, and for User administration. These cookies are intended to be automatically cleared or deleted when the User quits the browser application supporting access to the Website. All Users are, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing/deletion, since it is impossible for Fabtik to guarantee, predict or provide for the behavior of every User’s equipment.
  5. In accordance with the requirements under Rule 8 of the Rules, Fabtik has implemented Indian legal industry standard security policies, rules and technical measures to protect the SPDI and Personal Information under its control, from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.
  6. Fabtik will not disclose any Personal Information or SPDI to governmental authorities unless such disclosure is requisitioned under any Indian law or judicial decree.
  7. That Fabtik hereby undertakes to carry out all measures necessary to address discrepancies and grievances of the Users providing Personal Information or SPDI, with respect to the manner in which such Personal Information or SPDI is handled or processed by Fabtik. The name and contact details of the Grievance Officer are provided below:

Rajni Jaiswal
Fabtik, a Fashion Store
BJ-164, Salt Lake, Sector II,
Near – 206 Bus Stand, Kolkata- 700091
support@fabtik.com

  1. The User acknowledges and agrees that Fabtik shall not be liable to the User, or to anyone claiming through such User for any indirect, special, consequential, incidental, punitive or exemplary damages or losses, arising from, connected with or directly or indirectly related to the use of or inability to use the Website, or the contents, material, functions or fashionable items related thereto, or User’s provision of information on, by or through the Website, or for loss of anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; however caused, and whether arising under contract, tort (including negligence) or otherwise, and even if such User has intimated or advised Fabtik, of the possibility of such loss or damages, or Fabtik is, or should reasonably have been aware of such possibility. Without prejudice to the aforesaid, the total aggregate liability of Fabtik, its partners, officers, employees and/or agents for all damages, losses, and causes of action (whether in contract or tort, including, without limitation, negligence or otherwise) arising from this Privacy Policy and/or the Website, shall not exceed the aggregate Price of such fashionable items Ordered or purchased, and in any other case, Rs. 1.000/- (Rupees One Thousand Only).
  2. This Privacy Policy shall be governed and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder and the competent Courts/Tribunals at Kolkata shall have the exclusive jurisdiction in any proceedings arising out of this Privacy Policy or the use of the Website.

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