Privacy Policy

Last updated on: February 6, 2023

We, at Light & Craft Technologies Private Limited (“Binks”, “We”, “Our” or “Us”), respect the privacy of Our users (“User”, “You”, “Your” or “Client”) and are committed towards protecting and safeguarding it.

PURPOSE

This privacy policy (“Privacy Policy”) aims to inform You about how We collect, use, communicate, disclose and otherwise make use of Your personal information that We receive by Your usage of Our website https://getbinks.com/ as well as all the other domains and sub-domains owned and operated by Binks and Our mobile application, available at Google play store and Apple app store , (collectively, “Platform”). All Personal Information (as defined herein) collected and processed by Us are in accordance with applicable state and central laws of India, including, but not limited to the Information and Technology Act, 2000, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (together, “IT Act”).

By registering on Our Platform, You agree to provide Your express consent to Us to use Your Personal Information (as defined herein) in accordance with this Privacy Policy.

You are advised to carefully read this Privacy Policy and the terms and conditions available on the Platform (“Terms”) before using the Platform or providing Us with Your Personal Information (as defined herein).

PERSONAL INFORMATION

We may collect, use, store and transfer the following kinds of personal data about You (“Personal Information”), which are summarised into the following categories:

Identity Data: includes first name, last name, username, date of birth, or similar information that is capable of identifying You.

Contact Data: includes address, map location, email address, phone numbers.

Image Data: includes Your personal images shared with Our customer representative(s) and fashion designer(s) for availing Our services, Your personal images directly uploaded by You on Our Platform in the process of creating Your profile and any and all reference images shared by You.

Technical Data: includes internet protocol (IP) address, Your login data, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices You use to access the Platform.

Profile Data: includes Your username and password, Your feedback and survey responses, and any and all information You record on the Platform in relation to body measurements for the stitching.

Usage Data: includes any information about the manner of usage of the Platform, browsing pattern, behaviour pattern, frequency of feature / page usage data, etc.

Financial Data: includes billing and invoicing information, payment history, bank account details, cheque details, credit/debit card details.

We may disclose Your Personal Information to third parties. This disclosure may be required for Us to provide You access to Our services, to comply with Our legal obligations, to facilitate Our marketing and advertising activities, to facilitate banking activities and services, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Our services.

We may disclose Your Personal Information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce Our Terms or Privacy Policy or protect the rights, property or personal safety of Our users or the general public.

We do not retain or use any images/videos shared by Our Clients beyond the date of completing the order, in any manner whatsoever.

ACCEPTANCE

Any Personal Information collected from You on the Platform shall be governed by this Privacy Policy and the Terms available on the Platform. By Your use of the Platform, You are accepting the terms of this Privacy Policy.

REPRESENTATION AND WARRANTY

By the User:

1. a) Any and all Personal Information disclosed by You through Our Platform shall be deemed to be disclosed willingly and voluntarily by You. You hereby represent and warrant that either You are of the age of 18 (Eighteen) years or above or You are providing Your Personal Information under the supervision of Your parent / guardian.
2. b) All such Personal Information is true and correct to the best of Your knowledge.
3. c) No such Personal Information is in violation of any of Your third-party agreement, or of any order/ decree/ judgement of any court.
4. d) We shall not have any liability arising from any misrepresentation, fraud or inauthentic information disclosed by You, nor are We responsible for the verification of any information provided by You.

By Binks:

1. a) All information is collected for lawful purposes and in compliance with the laws of India.
2. b) We shall not retain Personal Information of the User for longer than the intended time.

HOW DO WE USE THIS INFORMATION AND HOW LONG DO WE RETAIN IT

We use Your Personal Information for the following purposes-

1. a) To record You as a customer. b) To provide, improve and maintain Our services and Our collaboration with You. c) To enhance Your experience in using Our Platform and services. d) To verify Your identity in order to determine Your eligibility to use the Platform and / or avail the services. e) To provide user support and respond to Your queries and grievances. f) To enable Us in complying with applicable legal and regulatory requirements. g) For the purpose of sending any information relating to Our services, delivery-related information, service-related alerts and other similar communication to You. h) To protect, prevent and investigate against unfair and fraudulent activities. i) To notify You about any changes to Our policies. j) Such other purposes that Binks may inform You of, from time to time.

We will retain Your Personal Information as long as necessary to comply with Our legal obligations and applicable laws, resolve disputes, or for other business and legitimate purposes. We may continue to retain Your data in anonymised form for analytical and research purposes. We will continue to retain the Personal Information provided by You until You specifically request Us to destroy such Personal Information. Upon verification of such request, We may, subject to obligations under applicable law, destroy all such Personal Information provided by You from Our records and servers.

Our employees will have access to the Personal Information, to the extent required to enable them in providing and delivering Our services to You, on a need-to-know basis. We will ensure that any such employee complies with privacy norms which are as stringent as the Privacy Policy, to protect and safeguard Your Personal Information.

DIRECT MESSAGES

When using Our Platform, You may exchange direct messages (including, but not limited to text, verbal, images, videos, locations, contact details) with Us. We store these messages in order to improve Our services, and as required by applicable law. You agree and acknowledge that You will share these messages with Us without any obligation on Us to maintain the privacy, unless otherwise agreed between You and Binks. We may disclose the information shared by You with Us in such direct messages with third parties

DISCLAIMER

We have implemented reasonable security practices and procedures that are commensurate with the industry standards and as provided under the IT Act to protect your Personal Information from unauthorized access, disclosure, loss or misuse. We offer the use of a secure server whenever You access your account information. All the information that is being transmitted to Us by You and / or disclosed by Us to third parties is not completely secure because of the inherent susceptibilities of the internet and reasons beyond Our control. By using the Platform, You accept the security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Platform. You acknowledge and agree that any information provided by You to Binks is transmitted or stored at Your sole and own risk.

LINKS TO OTHER SITES

Our Platform links to other websites that may collect personal information about You. We are not responsible for the privacy practices or the content of those linked websites and We encourage You to read the privacy policies of such linked websites that You visit.

USE OF CHILDREN INFORMATION

Use of Our Platform is available only for persons who are of 18 (Eighteen) years of age or above. We do not knowingly solicit or collect personal information from children under the age of 18 (Eighteen) years. If You have shared any personal information of children under the age of 18 (Eighteen) years, You represent that You have the authority to do so and permit Us to use such information in accordance with the Privacy Policy.

UPDATE IN THE PRIVACY POLICY

We may update this Privacy Policy from time to time. Communication of such update to the User by Binks shall be at the sole discretion of Binks. Any such update is immediately effective upon its posting on the Platform, and Your continued use of the Platform shall be deemed to be an acceptance of such change.

COOKIES

We use cookies and similar tracking technologies to track activity on Our Platform. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to Your browser from a website and stored on Your device. They are used to track Your preferences, help You login faster, serve you with relevant advertisements and is aggregated to determine user trends. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our services. You can set Your browser to refuse all or some browser cookies or to alert You that cookies are being sent. If You disable or refuse cookies, You may be unable to use some parts of Our Platform properly or at all.

GOVERNING LAW AND DISPUTE RESOLUTION

(a) Governing Law: This Privacy Policy shall be governed by and construed in accordance with the laws of Republic of India and subject to paragraph 12(b) (Dispute Resolution) below, the courts at Bangalore shall have an exclusive jurisdiction on the matters arising from the Terms, without regard to the principles of conflicts of laws.

(b) Dispute Resolution:

(i) In the event that any dispute arises between Binks and You, in connection with this Privacy Policy, Binks and You shall endeavour to settle such dispute amicably.

(ii) In the case of failure to resolve the dispute amicably between Binks and You within 30 (Thirty) days from the date when the dispute arose, the dispute shall be settled by arbitration by a sole arbitrator appointed jointly by Binks and You. The seat of arbitration shall be Bangalore. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996, as may be amended from time to time and shall be conducted in the English language. The decision of the arbitrator shall be binding. You and Binks shall equally bear the costs and expenses arising due to arbitral proceedings.

GRIEVANCES AND WITHDRAWAL OF CONSENT

If You have any grievance relating to or arising from this Privacy Policy or any terms thereof, You may write to Us at hello@getbinks.com or contact Our Grievance Officer. The contact information for the Grievance Officer is provided herein in accordance with the IT Act:

Name: Aamna Khan Address: Light and Craft Technologies Private Limited, Prestige Atlanta, 80 Feet Rd, Koramangala 1A Block, Koramangala 3 Block, Koramangala, Bengaluru, Karnataka 560034 E-mail: aamna@getbinks.com

You may also choose to withdraw Your consent provided to Us to use Your Personal Information, as detailed in this Privacy Policy, anytime You so desire. Binks will destroy all such Personal Information shared by You in such a scenario. Any such withdrawal of Your consent must be expressed to Us via mail at hello@getbinks.com.

We try to respond to all legitimate requests within 15 (Fifteen) days. It may take Us more than 15 (Fifteen) days, occasionally, but We will try to resolve/ respond to Your grievance at the earliest.