Privacy Policy
This privacy policy (“Policy”) describes and determines how TEXchange E-Biz Private Limited (“we” or “us” or “our” or “TEXchange”, which expression shall mean and include its affiliates, successors, and assigns) handles and/or deals with your personal information i.e., information of the types and categories set out in Clause 2(a) below (hereinafter referred to as “Personal Information”).
This Policy should be read in conjunction with the terms of use available at [●] (“Terms of Use”), which documents will govern your use and access to the web portal http://texchangeglobal.com (“Portal”).
This Policy has been drafted in compliance with the applicable data protection laws, rules and regulations of the Republic of India and constitutes a legal agreement between you, as the user of the Portal, and DMIPL, as the owner of the Portal, and does not apply to third-party websites that are connected via links on the Portal.
1. Applicability of the Policy
(a) This Policy is effective as of 1st April 2022.
(b) During your association with TEXchange, you may be required to execute certain other commercial agreements (inter alia, the ‘indent for buyer/supplier’ and ‘commission agreement for supplier’, which along with other commercial agreements shall be collectively referred to as the “Commercial Agreements”), and such Commercial Agreements shall govern your business relationship with TEXchange. In the event of a conflict between the terms contained in the Policy and/or the Terms of Use, and the terms contained in the Commercial Agreements applicable to you, the terms contained in the Commercial Agreements shall prevail.
2. Collection of Personal Information
(a) During your use of the Portal, we may collect and process your Personal Information, including but not limited to the following:
(i) your TEXchange account username and password.
(ii) your personal contact details, such as phone number, email id and profile picture.
(iii) company name, company address, company website etc.
(iv) D-U-N-S number generated by Dun & Bradstreet.
(v) your consumer preferences and products, your bidding/buying/selling behavior, preferences, and history.
(vi) your business country preference and country operations.
(vii) your browser history and settings.
(viii) the types of browsers that you use.
(ix) statistics on page views.
(x) IP information and standard web log information.
(xi) any information which either individually or in combination with other information can be used to identify you.
(xii) any other incidental details/information relating to any of the above-mentioned categories.
(xiii) any other information that may be required by us for allowing you to access the Portal and for availing the services offered on the Portal.
(b) If you do not provide us with the relevant Personal Information, the functionality available to you on the Portal will be limited and you may not be able to achieve the specific purpose for which such Personal Information is solicited.
(c) We may collect this Personal Information when you:
(i) register on our Portal.
(ii) communicate with us through correspondence, chats, or email, or when you share Personal Information with us from other social applications, services, or websites; or
(iii) interact with our Portal, services, content, and advertising.
We may verify such Personal Information from the database available in Dun & Bradstreet.
(d) Information/ data which is anonymous, or which is incapable of identifying you, either individually or in combination with other information, will not qualify as Personal Information for the purposes of this Policy.
3. Consent to Processing of Personal Information
(a) By voluntarily providing us with your Personal Information, you consent to our use of it in accordance with this Policy, and acknowledge and agree that the collection, storage, use, disclosure, and transfer by us of your Personal Information is for a lawful purpose, and necessary for providing services to you on the Portal. If the terms of this Policy are not acceptable to you, we request you to not use the Portal and/or avail the services provided by us on the Portal.
(b) You are entitled to withdraw your consent at any time to the collection, storage, use, disclosure, and transfer of your Personal Information by us, by notifying your intention in writing to us at the address provided in Clause 20 below. In the event that you so choose to withdraw your consent, we shall be entitled to discontinue providing any or all of the services to you. If you withdraw consent to the processing of any Personal Information necessary for the performance of any contract (including any Commercial Agreement) to which you are a party, all legal consequences of the effects of such withdrawal shall be borne by you.
4. Storage of Personal Information
Your Personal Information shall be stored by us on our servers in India for as long as reasonably necessary to satisfy the purpose(s) for which it was collected. However, Personal Information can be retained for a longer period of time if such retention is explicitly mandated by or necessary to comply with any obligation under any of the laws applicable in India. Further, your Personal Information shall be stored by us in our back-up servers maintained outside India, for the sole purposes of backing up Personal Information, and for no other purpose.
5. Use of Personal Information
(a) The Personal Information collected by us shall be used by us, our affiliates, our group companies situated in and/or outside India, subsidiaries and joint ventures inter alia for the following specific purposes and/or for any purpose’s incidental thereto, viz.:
(i) confirming your registration details.
(ii) allowing you to use the Portal and managing your user account on the Portal.
(iii) providing services to you, facilitating services provided by advertisers, third party service providers, and business partners.
(iv) providing you with further information regarding our services and contacting you regarding transactions/deals conducted by you using the Portal / our services.
(v) sending promotional features/materials to you regarding the Portal and other third-party promotional material/advertisements. You may at any time choose to opt-out of receiving such communications by sending an e-mail to this effect to the contact address provided under Clause 20 below.
(vi) enhancing the efficiency/quality of our services.
(vii) resolving any disputes that may arise with respect to the transactions/deals that you may conduct using the Portal /our services.
(viii) encouraging and continuing with safe trading practices.
(ix) monitoring your activity and preferences as evidenced from your activity on the Portal;
(x) detecting, investigating, and preventing activities that may violate our policies or that may be illegal or unlawful.
(xi) conducting research or analyzing user preferences and/or demographics.
(xii) offering our services on the Portal; and
(xiii) any other purposes as may be required under applicable laws in India.
(b) We may use your Personal Information to improve TEXchange marketing and promotional efforts, to analyze Portal usage, to improve the Portal’s content and product offerings, and to customize the Portal’s content, layout, and services. These uses improve the Portal and tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Portal.
6. Disclosure of Personal Information
(a) For the purposes of this Policy, the term “Person” shall mean and connote any individual, company, corporation, partnership, limited liability partnership, trust, joint venture, body corporate or other organization, association, or entity. Your Personal Information shall not be disclosed by us, without your prior consent, to any Person, except to the following third parties:
(i) any member of our related, associate, affiliate, or group companies (including group companies situated outside India), including our subsidiaries, our ultimate holding company, and its subsidiaries, as the case may be, and any member of a joint venture of which we form a part.
(ii) in the event that we sell or buy any business or assets, the prospective buyer or seller of such business or assets.
(iii) any government or statutory agencies mandated under the applicable law for the time being in force to obtain Personal Information.
(iv) any Person pursuant to an order of any court, tribunal or other government or statutory authority under the applicable law for the time being in force.
(v) any third-party service providers, such as professional advisers, payment systems operators and software providers, solely in the course of provision of services to us.
(vi) any advertisers and our business partners.
(vii) any Persons who assist us in conducting business or rendering services to you and/or enhance the efficiency of such services.
(viii) any third-party service providers, for monitoring your preferences, for displaying personalised advertisements to you, for displaying important communications regarding our business and other current information in relation to trade in textiles, amongst others.
(ix) other users of the Portal, strictly for the purposes mentioned in this Policy.
(x) any Person, if we are under a duty to do so in order to comply with any kind of legal obligations, or in order to enforce or apply the arrangements, terms and conditions that apply between us, or to protect our and our users’ rights, property, and/or safety.
(xi) any trusted Person who also holds other information about you. This Person may combine such information in order to enable it and us to develop anonymized consumer insights so that we can better understand your preferences and interests, personalize your experience and enhance the products and services that you receive.
(xii) any Person, to enforce our policies, and/or to address concerns/complaints regarding the nature of the content posted by you, and/or to prevent any unethical/illegal practices/activity.
(b) We will endeavor to ensure that the aforesaid Persons who are the recipients of your Personal Information maintain the confidentiality of such Personal Information with the same level of data security practices as are employed by us and use the Personal Information only in relation to the Portal and for the purposes for which it was disclosed.
7. Cookies and Other Similar Technologies
(a) We may use cookies and other similar technology for the following purposes:
(i) to identify and assess consumer preferences and manage user sessions.
(ii) to provide you with basic features on the Portal.
(iii) to identify your device and help you navigate the Portal.
(iv) to collect other information, such as your browsing history.
(v) to enhance the quality of services provided by us to you.
(vi) to enhance the quality of functioning of the Portal and provide an enhanced user experience to you.
(vii) to enable third party service providers to display personalized advertisements/ content/ messages to you; and
(viii) to collect standard information, such as your IP address, computer sign-in data, statistics on page views etc.
(b) You may refuse the use of cookies on your computer and adjust the settings of your browser to disable cookies. You may also at any time disable/delete cookies which are already activated on your computer. However, please note that should you choose to disable cookies from operating on your computer, certain sections/ features of the Portal may become inaccessible to you.
8. Other Information
We may provide you links to other third-party websites for your convenience and information. In the event that you choose to visit/ access such third-party websites, the privacy policy and/or terms of use of such third-party websites shall be applicable to you. This Policy shall not be applicable to any Personal Information provided/intimated by you to such third-party websites and/or collected by such third-party websites, and we shall not at any time be responsible and/or liable for any such Personal Information.
9. Your Rights
You have the following rights in relation to the processing of your Personal Information:
(a) The right to obtain (i) a brief summary of your Personal Information being processed or that has been processed by us; and (ii) a brief summary of the processing activities undertaken by us with respect to such Personal Information.
(b) The right to obtain (i) the correction of inaccurate or misleading Personal Information; (ii) the completion of incomplete Personal Information; and (iii) the updating of Personal Information that is out-of-date. If you are a registered user, you may correct, complete, or update your account information and email preferences at any time by logging in to your account. You agree that it is your responsibility to ensure that any Personal Information you provide to us remains updated, complete, and accurate.
(c) The right to receive Personal Information (i) which you have provided to us; (ii) which has been generated in the course of provision of services by us; (iii) which forms part of any profile created on you; or (iv) which we have otherwise obtained, in a structured format, and the right to have such Personal Information transferred to any other entity. However, the exercise of this right is not available when doing so would reveal any of our trade secrets or would not be technically feasible.
(d) The right to restrict or prevent continuing disclosure by us of your Personal Information where (i) such disclosure has served the purpose for which it was made or is no longer necessary; (ii) consent for such disclosure has been withdrawn; (iii) such disclosure was made contrary to the provisions of any applicable laws in India. However, in upholding any such right, we will balance your rights and interests in preventing or restricting the continued disclosure of your Personal Information, and the right to freedom of speech and expression and the right to information of any Indian citizen.
10. Procedure for the Exercise of your Rights
(a) You may exercise any of the aforesaid rights by a request in writing addressed to us at the contact details mentioned in Clause 20 below, with reasonable information to satisfy us of your identity. We shall acknowledge the receipt of such request within 1 (One) working day of receiving the same and mention therein the time period within which we shall comply with your request.
(b) Where any request made by you is refused by us, we shall provide you with adequate reasons for such refusal in writing.
(c) We are not obliged to comply with any requests made by you where such compliance would harm the rights of any other user of the Portal.
11. Security
We employ commercially accepted data security practices and procedures, commensurate with the standards and specifications (if any) under the applicable laws, to protect/ safeguard the security and integrity of your Personal Information.
Given that the internet is a medium which is prone to security hazards and other events/incidents that are beyond our control, although we strive to ensure full protection to your Personal Information, we cannot guarantee the complete security of the same at any time. Any Personal Information provided by you must therefore be provided with full cognizance of this risk.
Furthermore, if you are a registered user with an account and password, you are responsible for keeping your password confidential.
12. Publicly Available Information
This Policy shall not apply to any unsolicited Personal Information you provide us through this Portal or through any other means. Personal Information contained in publicly available postings/testimonials by you on the Portal shall be your sole responsibility. While the terms of this Policy shall be applicable to all features/sections of the Portal, you hereby agree and acknowledge that by including Personal Information in postings/testimonials available for view/display to all users of the Portal, you have waived any confidentiality of such Personal Information.
13. Spam
You shall not at any time be entitled to use the Personal Information of other users of the Portal that you may have gained access to for the purpose of spamming/ phishing the account of such user(s) and/or persisting in sending communications to such user(s) without their consent.
14. Updates to Policy
We may update/ modify this Policy at any time due to changes in the applicable laws and/or changes in our company policies. Your continued use of the services and the Portal shall be deemed to be acceptance by you of the updated/ modified Policy.
15. Severability
The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy.
16. No Waiver
The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights and/or remedies provided by the applicable laws in India. They may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
17. Governing Law and Dispute Resolution
This Policy shall be governed by and construed in accordance with the applicable laws of India, and subject to the provisions for arbitration set out herein, the courts in India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
If any dispute arises between TEXchange and you in connection with or arising out of the validity, interpretation, implementation, or alleged breach of any provision of this Policy, such dispute shall be referred to and finally resolved by arbitration under the applicable laws of India for the time being in force.
There shall be one (1) arbitrator, and the venue of arbitration shall be in India. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
18. Foreign Jurisdiction
If you are accessing/using the Portal from outside India, your Personal Information shall be similarly protected by us in accordance with the applicable laws for the collection/ possession/ disclosure/ transfer/ storage of Personal Information in India. Your use of the Portal /the services represents your agreement to the same.
19. Grievance Redressal
Any grievances that you may have regarding the handling of your Personal Information by us, that has resulted in a violation of any of the applicable data security laws and has caused or is likely to cause harm to you, may be addressed to us at Contact@texchangeglobal.com shall be the grievance officer for the purposes of this Policy. Any grievances raised by you shall be resolved within 30 days from the date of receipt of such grievance by us.
20. Contact Details
You may contact us at Contact@texchangeglobal.com for any or all the following purposes:
(a) To withdraw consent for the processing of your Personal Information by us, under Clause 3(b) above.
(b) To opt out of receiving promotional features/ materials and advertisements under Clause 5(a)(v) above.
(c) To exercise any of your rights enumerated in Clause 9 above.