Privacy Notice

1. Who we are

We are Primal Gray Private Limited (registered in India, CIN U18100DDlL1993PTC053533)

Your personal information is collected by and may be shared within Primal Gray. When we use “We”, “Us”, “Our” or “Primal Gray” in this policy. We mean the companies that make up Primal Gray.

We respect your privacy and are committed to protecting your personal information. This notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Changes to the privacy notice and your duty to inform us of changes:

We keep our privacy notice under regular review. Historic versions can be obtained by contacting us at info@primalgray.com .It is important that the personal information we hold about you is accurate and current. You can help us to keep our data about You up to date by letting us know any changes to your personal data

Third-party links:

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Children

While our website is designed for a general audience, we will not knowingly collect any data from children under the age of 13 or sell products to children. If you are under the age of 18, you are not permitted to register an account, use or submit your data to the website.

If we discover that we have collected any personal information from a child under the age of 18, we will suspend the associated account and remove that information from our database as soon as possible.

If you believe we might have any personal information from or about a person under the age of 18, please email us at info@primalgray.com.

Information we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Primal Gray may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, title.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Usage Data includes information about how you use our website, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this privacy notice.

If you fail to provide personal information

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

Special categories of personal information

Some personal information we collect is treated as “special categories of personal data”. This includes information about health, your opinions when you share them with us, sizing when you order from us and other biometrics like fit. We use this information to provide our products and services. We will not retain this information once the item has been delivered to you

• We will collect and process your health data where:
  
  this is necessary to enter into or perform our contract with you for supply of our products to you;
  
  or
• if we have your explicit consent to do so for the relevant purpose connected with our products.

3. How we collect your information

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our products or services
• request marketing to be sent to you
• request help solving technical issues
• give us feedback or contact us

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie notice for further details.

4. How we use your personal information

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

To find out more about the types of lawful basis that we will rely on to process your personal data refer to the Glossary under section 11 of this page.

Generally, we do rely on consent as a legal basis for processing your personal data where You have told us you are happy for us to process your personal information for a specific purpose (s) or because We must process Your personal information in order to be able to provide You with Our products or because it is generally necessary for us to process Your personal data for Us to conduct Our business.

We will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

How we will use your personal data

Below is a description of all the ways we plan to use your data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data, where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Opting out - you can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Cookies - you can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see cookie notice.

Change of purpose - we will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

5. Who we share your information with

There are certain circumstances where we transfer your personal information to other parties. For example we will:

• share aggregated, anonymised or other de-identified data with advertisers, advertising networks and social networks that require the data to select and serve relevant adverts to you and others. We will also use aggregate information to help advertisers reach the kind of audience they want to target. Anonymised or aggregate data is no longer ‘personal data’.
• make use of the personal information we have collected from you to help our advertisers display their advertisements to a target audience and to present our promotional messages to you. This means you will be presented with advertisements that are more likely to be relevant to you
• share your personal data with and access information from analytics and search engine providers that assist us in the improvement and optimisation of the website and app and for better personalisation of content and advertising

We share your information with certain contractors or service providers such as logistics, delivery and order fulfilment and distribution centres who may process your personal data for us. Other service providers who may also process Your personal data for us include advertising agencies, IT suppliers, database providers, backup and disaster recovery specialists, and email providers.

Our suppliers and service providers will be required to meet our standards on processing information and security. The information we provide them, including your information, will only be provided in connection with the performance of their function. They will not be permitted to use your information for any purposes other than those outlined in this privacy notice.

We also share your information with certain third parties. We will do this either when we receive your consent or because we need them to see your information so we can provide products or services to you. These include:

• our payment processing service provider Shopify Payments (view Shopify Payment's privacy statement)
• our shopping platform provider Shopify (view Shopify's privacy statement)

If we are not able to share your information with these third parties, you will not be able to buy the products on our website.

Your personal information may be transferred to other third party organisations in certain scenarios:

• if we discuss selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality if we are reorganised or sold, information may be transferred to a buyer who can continue to provide services to you
• if we're required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police
• if we are defending a legal claim your information may be transferred as required in connection with defending such claim
• if there is an emergency which requires us to share your data to protect the health and safety of our website's or app's users or the general public

The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

6. International Transfer

We share your personal data our suppliers and service providers. This may involve transferring your data outside India. Some of our external third parties are based outside of India so their processing of your personal data will involve a transfer of data outside India

Whenever we transfer your information out of the India, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the Indian Government.
• Where we use certain service providers, we may use specific contracts approved by the Indian Government which give personal data the same protection it has in India.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of India.

7. How we protect your information

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data Retention

How long we will keep your personal information for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 6 years after they cease being customers for tax purposes.

Sometimes we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• [Request access to your personal data].
• [Request correction of your personal data].
• [Request erasure of your personal data (known as the 'right to be fogotten')]
• [Object to or restrict processing of your personal data].
• [Request transfer of your personal data (known as "data portability")].
• [Right to withdraw consent].

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.

We are committed to providing the information you request as part of your Data Subject Access Request and have procedures in place to ensure this occurs in a timely fashion.

We do not have agreements in place with any third-party platforms that offer “Data Subject Access Requests as a Service”. As a responsible data controller of your personal information this represents significant risks when sharing data. The right of access afforded to you, does not obligate us to share data with third-parties. It is our policy to provide the information directly to data subjects ensuring the safety and security of the information throughout the process.

We will monitor future guidance but will follow our reasonable measures to verify the identity of data subjects. We would like to assure you that the protection of your data is our main concern and we are committed to providing information as part of any valid request.

This policy will also apply to the rights set out below.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data (also known as the "right to be forgotten”). You can to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that weWe may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful, but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party (also known as “data portability”). We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using info@primalgray.com

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive and We may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. How to contact us or make a complaint

If you have any questions about this privacy notice or our privacy practices, please contact us at info@primalgray.com or by contacting us through the contact page on our website.

Glossary

Lawful Basis means one or more of the following applies:

Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of a contract means processing your data where it is necessary for Us to fulfil an order or performance a contract between Us and You or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation we are subject to.

Consent means processing your data where you have freely given a, specific, informed and unambiguous indication of your wishes.