1. Who is Flamingo Lounge?
Flamingo Lounge, an e-Commerce Website incorporated under the laws of India, having its registered office at Sector-B1, Laxmipuram, Chinore, Jammu-180013, J&K, India. We offer sale and purchase of wide range of products through our website www.flamingolounge.in related to fashion & lifestyle.
2. What is this Privacy Policy?
This privacy policy (the “Privacy Policy”), together with the terms of use, describes the policies and procedures on the collection, use and disclosure of the information provided by Users and Visitors (as defined herein below) of the Platforms. The Flamingo Lounge shall not use the User’s information in any manner except as provided under this Privacy Policy. Every User who accesses or uses the Platforms shall be bound by this Privacy Policy.
3. Why this Privacy Policy?
3.1) This Privacy Policy is published pursuant to:
- Section 43A of the Information Technology Act, 2000;
- Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
- Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
3.2) This Privacy Policy sets out the type of information collected from the Users, including the nature of the sensitive personal data or information, the purpose, means and modes of usage of such information and how and to whom the Flamingo Lounge shall disclose such information
4. What type of information is covered by this Privacy Policy?
The Privacy Policy applies to information collected and processed by the Flamingo Lounge consisting of following:
- Personal information is information related to a visitor, or a combination of pieces of information that could reasonably allow him to be identified. Personal information may consist of full name, personal contact numbers, residential address, email address, gender or date of birth. While information such as date of birth in isolation may not be enough to uniquely identify the visitor, a combination of full name and date of birth may be sufficient to do so.
- Sensitive personal data or information is such personal information that is collected, received, stored, transmitted or processed by the Flamingo Lounge, consisting of:
- Password
- 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 personal information categories as provided to the Flamingo Lounge for providing service; and
- Any of the information received under above personal information categories by the Flamingo Lounge for processing, stored or processed under lawful contract or otherwise.
- Password
Please note that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal information.
5. Users Note
- A condition of each User’s use of and access to the Platform and to other services provided by the Flamingo Lounge to Users (collectively referred to as the “Services”), is his/her/its acceptance of the terms of use which also involves acceptance of the terms of this Privacy Policy. Any User who does not agree with any provisions of the Terms of Use or this Privacy Policy is advised not to accept the Terms of Use and may leave the Platform.
- While browsing the Platform, a User is not required to provide personal information as set out under paragraph 4.1 and paragraph 4.2 until and unless such User chooses to avail or sign up for any of the Services. All the information provided to the Flamingo Lounge by a User, including personal information and personally identifiable information, is voluntary. The User has the right to request the withdrawal of his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use. It is the User’s duty to ensure strict caution while giving out any personally identifiable information about himself/herself/itself or his/her family members in use of any of the Services. The Flamingo Lounge does not endorse the content, messages or information found in any Services and therefore, the Flamingo Lounge specifically disclaims any liability regarding the Services and any actions resulting from the User’s participation in any Services. As a condition to use the Services, you as a User agree to waive any claims against the Flamingo Lounge relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against the Flamingo Lounge relating to the same.
- Users can access, modify, correct, and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. Any grievances in relation to the information shared by the User with the Flamingo Lounge may be brought to the attention of grievance officer in accordance with this Privacy Policy.
- For the use of the Services and purchase of Products, you may be required to pay the Flamingo Lounge with a credit card, wire-transfer, or debit card through the Flamingo Lounge’s third-party payment gateway provider and such third-party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from the Users by the Flamingo Lounge’s third-party payment gateway providers will be used only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which the Flamingo Lounge shall have no role to play.
- Personal information, personally identifiable information and / or Financial Information shall be collected by the Flamingo Lounge on an ongoing basis, without need for further, separate consent from the User for one or more of the following reasons:
- To identify the User, to understand his/her/its needs and resolve disputes, if any;
- To set up, manage and offer products and to enhance the Services to meet the User’s requirements;
- To provide ongoing service;
- To meet legal and regulatory requirements;
- To resolve technical issues and troubleshoot problems;
- To aid the Flamingo Lounge in collecting monies from Users for transactions carried out on the Platform;
- To keep Users apprised of the Flamingo Lounge’s (or third parties’) promotions and offers;
- To customize User experience
- To enforce the Terms of Use; and
- Other reasons which, prior to being put into effect, shall be communicated to the Users through an update carried out to this Privacy Policy.
- The Financial Information collected from the Users is transacted through secure digital platform of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. The Financial Information is duly protected by undertaking security measures prescribed under applicable laws, the User is strongly advised to exercise discretion while providing personal information or Financial Information while using the Services given that the Internet is susceptible to security breaches.
- Due to the communication standards on the Internet, when a User visits the Platform, the Flamingo Lounge automatically receives the uniform resource locator of the site from which such User visits the Platform, details of the website such User is visiting on leaving the Platforms, the internet protocol (“IP”) address of each User’s computer operating system, type of web browser the User is using, email patterns, and the name of the User’s internet service provider. This information is used solely to analyse overall User trends and to help the Flamingo Lounge in improving its Services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the Services.
- The Flamingo Lounge may allow other companies or entities to serve advertisements to Users. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms.
- The Flamingo Lounge does not exercise control over the websites displayed as search results or links from within the Services. The Flamingo Lounge does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does the Flamingo Lounge guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites.
- When a User visits or uses the Platform, the Flamingo Lounge may access, collect, monitor and/or remotely store data in relation to the User’s location, which may also include global positioning system coordinates or similar information regarding the location of the device using which the User has visited or used the Platforms. The location data does not collect or share any personally identifiable information about the User.
- The Flamingo Lounge may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. The Flamingo Lounge may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.
- The Flamingo Lounge may choose to conduct contests and surveys to collect relevant information about the Users’ preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides while availing or signing-up for the Services and through any surveys or contests is used to improve services to meet the needs and preferences of Users.
- The Flamingo Lounge does not knowingly collect personal data from children (only persons above the aged of 18 shall be permitted to use the Services as provided in the Terms of Use). In an event, where in contravention of the Terms of Use, a person below the age of 18 uses the Services, the Flamingo Lounge shall not be held liable or responsible for any damage or injury suffered by such person in logging into the Platforms and making use of the Services.
- The Flamingo Lounge has implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Financial Information and personal information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. It is expressly stated that the Flamingo Lounge shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of the Flamingo Lounge including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
- The Flamingo Lounge may be required to disclose personal information or Financial Information to governmental institutions or authorities when such disclosure is requisitioned under any law or judicial decree or when the Flamingo Lounge in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
- The Flamingo Lounge may share/use personal information and personally identifiable information provided by Users with the Other Parties for the purposes of:
- enabling Users to enjoy the Services and to use the Products, including sharing information with Other Parties to provide services, technical support etc. in relation to the Products; or
- detecting and preventing identity theft, fraud or any other potentially illegal acts; or
- monitoring and enhancing User interest and engagement, including through promotional activity, personal messages to Users using personally identifiable information provided by Users, etc; or
- processing the purchase of Products on the Platform.
- All the employees and data processors of Flamingo Lounge, who have access to and are associated with the processing of personal information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s personal information or Financial Information.
- The User’s visit to and/or use of the Platform and any dispute over privacy is subject to this Privacy Policy and the Terms of Use. The Flamingo Lounge may update this Privacy Policy at any time, with or without advance notice. The Flamingo Lounge shall not be required to notify the Users of any changes made to this Privacy Policy. It is your responsibility, in such cases, to review the terms of this Privacy Policy from time to time.
- All information collected from the Users by the Flamingo Lounge is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of the Flamingo Lounge. The User information may also be converted to physical form from time to time. Regardless of the manner of storage, the Flamingo Lounge shall make commercially reasonable endeavours to ensure that the User information is rendered confidential and will disclose only in accordance with the terms of this Privacy Policy.
- The User consents to the Flamingo Lounge reproducing/publishing all testimonials and reviews given by the User (whether on the Website, social media platforms, or in any other manner whatsoever) in relation to the Flamingo Lounge or any of the Products, together with the User’s name and location, on the Website, on such page and in such position as the Flamingo Lounge may determine in its sole discretion. The User agrees that the Flamingo Lounge may edit the testimonials and reviews provided by the User and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Website. If the User has any concerns with the reproduction/publication of any testimonial or review provided by the User on the Website, the User may contact the at [email protected]
6. Visitors Note
- No personal information or Financial Information is automatically collected from any visitors of the Platform who are merely perusing or browsing the Platforms (“Visitor”). Nevertheless, the provisions of this Privacy Policy are applicable to Visitors, and Visitors are required to read, understand and accept the privacy statements set out herein, failing which they are required to leave the Platforms immediately.
- A User will not merely be a Visitor if the User has willingly submitted any personal information or Financial Information (including phone numbers, email addresses, responses to surveys, etc.) to the Flamingo Lounge through any means, including email, telephone calls, telephonic messaging or while availing or signing-up for the Services. All such Visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy shall apply to the User.
- If you are accessing the Platforms from outside India, it is solely your responsibility to ensure that your access does not breach or violate any local or national law applicable in the place from where you are making the access, for the time being in force.
7. Feedback or Concern
For feedback or concern, if any, kindly contact Grievance Officer at: [email protected]
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