Privacy Policy

Last Updated: January 1, 2023

Welcome to our online world! We’re excited to have you join our community, and we take your privacy very seriously. We believe that your personal information is just that – personal – and we want to ensure that it stays that way.

At Xclusive Brands, protecting your privacy is our top priority. Our team is always available to answer questions or concerns about handling your Personal Data. Our Privacy Policy outlines how we collect, use, share, disclose, and protect information about you. By using our site or services, you agree to the processing of your Personal Data according to our Privacy Policy. Regular reviews of this policy are encouraged.

Our Privacy Policy covers information collected online through xclusivebrandsbd.com, emails, social media pages, and links. The information collected improves the user experience on our online channels. This Privacy Policy has been compiled to better serve those concerned about how your ‘Personally Identifiable Information’ (PII) is being used online.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE.

To understanding of how to manage your personally identifiable information on our website:

Statement Term

• Personal Data: any information that pertains to an identified or identifiable person
• Processing: any action taken on Personal Data
• Data subject: person whose Personal Data is being processed
• Child: a person under 18 years old (not applicable)
• Xclusive Brands: referred to as “we” or “us” in this Privacy Policy
• Personal Information (for consumers): information that links to a specific consumer or household, such as name, address, email, purchasing history, biometric information, internet activity, geolocation data, audio, visual, professional, or employment information, and inferences derived from this information. Excludes publicly accessible government records and deidentified/aggregated data.

We Identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Information Types

Includes but is not limited to the following types of information:

1. Identifiers: (e.g. real name, alias, postal address, unique personal identifier, internet protocol address, email address, NID, driver’s license number, passport number, etc.)
2. Commercial information: (e.g. records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories of tendencies)
3. Online Information: Internet or other electronic network activity information (e.g. browsing history, search history, information regarding a consumer’s interaction with an internet web site, application, or advertisement)
4. Geolocation data: Audio, electronic, visual, thermal, olfactory, or similar information Professional or employment-related information.

Inferences drawn from any of the information identified above to create a profile about a consumer, reflecting their preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Information Collection on Our Website

General Overview

We gather general information about the browsing experience of our website visitors, which does not link to any personally identifiable information. This information includes the pages viewed on our website, the source of the visit, the type of browser and service provider used, and technical information about the device (for mobile visitors) such as screen size, cookie support, and image display. This information helps us improve the overall experience for our visitors by allowing us to determine the best format for different devices, popular pages and features, effective ways to direct visitors, and potential issues with browsers or service providers.

How Do We Use Your Information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email, or phone inquiries)

Data Protection Principles

As an ecommerce online shop, we are committed to protecting the privacy of our customers and ensuring the security of their personal data. To achieve this, we promise to follow the following data protection principles:

• Lawfulness, fairness, and transparency: We will collect and process personal data in a lawful and fair manner, and we will provide clear and transparent information about our data processing activities.
• Purpose limitation: We will only collect personal data for specific, explicit, and legitimate purposes, and we will not process it in any way that is incompatible with those purposes.
• Data minimization: We will only collect and process the minimum amount of personal data necessary to achieve our purposes.
• Accuracy: We will take reasonable steps to ensure that personal data is accurate and up to date.
• Storage limitation: We will not keep personal data for longer than necessary, and we will implement appropriate measures to ensure its secure and permanent deletion when it is no longer needed.
• Integrity and confidentiality: We will implement appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of personal data, and to protect it against unauthorized or unlawful processing, accidental loss, destruction, or damage.
• Accountability: We will be accountable for our data processing activities, and we will be able to demonstrate our compliance with data protection principles and applicable laws and regulations.

We are committed to upholding these data protection principles and ensuring the privacy and security of our customers’ personal data.

Data Subject’s rights

we recognize and respect the rights of individuals with regard to their personal data. In addition to the rights outlined above, data subjects in Bangladesh have the following rights under the country’s laws:

• Right to access: Data subjects have the right to obtain confirmation as to whether or not their personal data is being processed, and if so, to access that data.
• Right to rectification: Data subjects have the right to request the rectification of inaccurate or incomplete personal data.
• Right to erasure: Data subjects have the right to request the erasure of their personal data in certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected, or when the processing is based on consent and the data subject withdraws that consent.
• Right to restriction of processing: Data subjects have the right to request the restriction of processing of their personal data in certain circumstances, such as when the accuracy of the data is contested, or when the processing is unlawful but the data subject opposes erasure.
• Right to data portability: Data subjects have the right to receive a copy of their personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller.
• Right to object: Data subjects have the right to object to the processing of their personal data in certain circumstances, such as when the processing is based on legitimate interests or for direct marketing purposes.
• Right to withdraw consent: Data subjects have the right to withdraw their consent to the processing of their personal data at any time.

To read the unofficial working draft of the Personal Data Protection Bill 2022, click here:

Personal Data Protection Bill 2022 (unofficial working draft)

This bill aims to provide a comprehensive legal framework for the protection of personal data in Bangladesh, and includes provisions for the collection, processing, and storage of personal data. It also includes provisions for data subject rights, including the right to access, correct, and delete personal data.

Data we gather

Information you have provided to us

We may obtain the following types of information from you or concerning your computer or device (“Information”), which may include Personally Identifiable Information (PII):

• Name
• Email address
• Mailing address
• Telephone (or mobile) number(s)
• Credit card information( Valid information other than passwords, such as what card was used to pay us}
• Demographic information (e.g., age, gender, interests, and preferences)
• Activities or content viewed on our site

In addition, we may collect Information automatically, such as:

• IP address
• Browser type
• Operating system
• Date and time of visit
• Pages visited
• Time spent on pages
• Referring website
• Website visited after leaving our site

We may also receive Information about you from third parties, such as payment processors, social media platforms, and advertising networks.

How we use your Personal Data

We collect and use this Information to provide you with the best possible service and to improve our site. We do not share your Information with third parties unless it is necessary for the purpose of providing our service, or unless required by law. We are committed to protecting your privacy and keeping your data safe.

we may use the Personal Data Information you have provided to us in the following ways:

• To process and fulfill your orders, including shipping and delivery of products.
• To communicate with you about your orders, including order confirmation, shipment updates, and customer service inquiries.
• To personalize your shopping experience and provide you with product recommendations based on your interests and preferences.
• To improve our website and the products and services we offer.
• To send marketing communications, such as promotional offers and newsletters, with your consent.
• To administer promotions, surveys, and other interactive features on our website.
• To comply with legal and regulatory obligations.

We may also use your Personal Data Information for other purposes that are compatible with the above and that are in your legitimate interests. We will not use your Personal Data Information for purposes that are incompatible with the above or that are not in your legitimate interests.

We may share your Personal Data Information with third-party service providers that assist us with the above purposes, such as payment processors, shipping providers, and marketing agencies. We take appropriate measures to ensure that these third-party service providers comply with data protection regulations and protect your Personal Data Information.

If you have any questions about how we use your Personal Data Information, please contact us at the email address provided on our site.

VERIFYING YOUR AGE

As this Website sells vaping and vaping products, we are legally obliged to make sure that users are verified on the Website and are aged 18 years or over. Failing age verification will mean you cannot complete a purchase.

In order to enable us to do this we will require certain information about you. This will then be passed to our service provider, https://porichoy.gov.bd/, who will check it against public sources of information to deliver confirmation, usually in real-time.

In order to verify your identity, we may also require you to provide demographic information (such as your gender and birth date) and other personal information which may be used by us and our service provider to verify your details and may include your passport number or driving licence number. This information is checked against secure independent data sources, such as the electoral roll, in order to help verify your identity.

The verification process may include disclosing your information to third party data providers including credit reference agencies. The data providers may check the details supplied against any particulars on any database (public or otherwise) to which they have access for verification purposes. However, we do not sell or publish your personal data to any third party company or agency.

To purchase our 18+ vaping products online, you will need to provide a valid government-issued ID as proof of age. Additionally, we offer an optional one-time digital onboarding process for 18+ authentication purposes.

We have been granted permission by the Bangladesh government to digitally onboard our customers using an instant API that verifies their NID, Birth Registration, address, and face. This allows us to confirm that customers have the right to buy 18+ products, and we may use existing data for this purpose. We request your cooperation for this additional process. This process is applicable everywhere in the world.

The Smoking and Use of Tobacco Products (Control) Act, 2005 is a law in Bangladesh that regulates the production, sale, and use of tobacco products. It prohibits smoking in public places and the sale of tobacco products to minors, and mandates the display of graphic health warnings on tobacco product packaging. The law also establishes penalties for violations, including fines and imprisonment. For more information about the law, please visit: Smoking and Use of Tobacco Products (Control) Act, 2005

How do we protect your information?

We take the security of your personal information seriously and have implemented a variety of measures to protect it. Here are some of the ways we protect your information:

• We use industry-standard encryption technology to protect your sensitive information, such as your credit card details, when you make a purchase on our website.
• We restrict access to your personal information to only those employees, contractors, and agents who need to know the information in order to provide you with our products and services.
• We regularly monitor our systems for potential vulnerabilities and attacks, and take steps to address any threats we identify.
• We require all of our employees, contractors, and agents to abide by this Privacy Policy and take steps to protect the confidentiality of your personal information.
• We regularly review our privacy practices and update our policies and procedures as necessary to ensure we are meeting our obligations to protect your personal information.
• We use secure servers to store your personal information, and we limit access to those servers to only authorized personnel.
• We use firewalls to help prevent unauthorized access to our systems.
• We use antivirus and malware software to protect our systems against viruses, worms, and other harmful software.
• We use SSL (Secure Sockets Layer) technology to protect the transmission of your personal information over the internet. This ensures that your data is encrypted and protected from interception and tampering during transmission.
• We have a formal incident response plan in place to quickly respond to any data breaches or security incidents that may occur.
• We regularly conduct internal audits and risk assessments to ensure that our security measures are up-to-date and effective.
• We require our third-party service providers to maintain the same level of security and protection for your personal information as we do.
• We comply with all applicable laws and regulations regarding the protection of personal information.

Note: Despite our best efforts, no system can be completely secure. Therefore, we cannot guarantee the absolute security of your personal information, and we are not responsible for any breaches of security or for any actions of any third parties that receive your personal information.

SHARING of Your Personal Data

WE DO NOT SELL, TRADE, OR OTHERWISE TRANSFER YOUR PERSONALLY IDENTIFIABLE INFORMATION.

We take the privacy and protection of your Personally Identifiable Information seriously. We want you to know that we do not sell, trade, or otherwise transfer your Personally Identifiable Information to outside parties. This means that your personal information is safe with us and will not be shared with third parties without your consent.

However, there are a few exceptions to this policy. We may share your information with trusted third parties who assist us in operating our website, conducting our business, or servicing you. In these cases, we will require those parties to keep your information confidential and use it only for the purposes for which it was shared.

Gateway Protection

At our shop, we take the privacy and security of our customers’ transaction information very seriously.

• To ensure that your transactions are secure, we use a secure gateway provider to process all payments made on our website.
• Our gateway provider complies with all relevant data protection laws and regulations in Bangladesh and is committed to protecting your personal information.
• All information related to your transaction, including your payment details, is transmitted securely to our gateway provider for processing.
• We do not store or process any of your transaction weakness and vulnerability information on our own servers.
• Our gateway provider may use cookies or other tracking technologies to improve their services and for fraud prevention purposes.
• We do not share any of your transaction information with third parties except as necessary to process your transaction.
  This includes sharing your payment details with our gateway provider and your shipping address with our shipping carrier.

Note: All transactions are processed through a gateway provider and are not stored or advanced processed on our servers.

COOKIES and Pixel Tags

At our e-commerce online shop, we use various methods, including cookies and pixel tags, to collect information, which may include personal data, when you use our Platform. Here’s what you need to know:

• We collect your (i) IP-address; (ii) unique cookie identifier, cookie information, and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language; (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Platform such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
• We use cookies and pixel tags to track usage of the Platform and to understand our customers’ preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about Platform traffic and Platform interaction, to identify trends and obtain statistics so that we can improve our Platform.
• We have three categories of cookies on our Platform:
  • Functional: These cookies are required for basic Platform functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Platform within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
  • Performance: These cookies allow us to improve our Platform’s functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Platform preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow Platform performance.
  • Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Platform through social media. Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
• You can manage cookies by adjusting your browser settings. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. If you turn cookies off, you may not have access to many features that make our Platform more efficient and some of our services will not function properly.
• We may provide links to other websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

• Understand and save user’s preferences for future visits. Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
• You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
• If you turn cookies off, Some of the features that make your site experience more efficient may not function properly. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.

THIRD-PARTY DISCLOSURE POLICY

At our shop, we value your privacy and strive to protect your personal information. However, we may need to share your information with third-party companies in certain situations. This Third-Party Disclosure Policy outlines the circumstances under which we may share your information and how we protect your privacy when doing so.

Third-Party Service Providers:
We may engage third-party companies and individuals to facilitate our services or provide services on our behalf, such as payment processing, data analysis, email delivery, and customer service. These third-party service providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Legal Requirements:
We may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Business Transactions:
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred as part of that transaction. In such cases, we will provide notice before your personal information is transferred and becomes subject to a different privacy policy.

Marketing:
We may share non-personally identifiable information with third-party companies for marketing purposes, such as for the purpose of analyzing and improving our services and advertisements.

Third-Party Links:
Our services may contain links to third-party websites, applications, and services that are not operated or controlled by us. We do not have any control over these third-party websites, applications, and services and are not responsible for their privacy practices. We encourage you to review the privacy policies of these third-party websites, applications, and services before using them.

We take reasonable steps to ensure that any third parties with whom we share your personal information are bound by confidentiality and privacy obligations at least as protective as those set out in this policy.

By using our services, you consent to the transfer of your personal information to third-party companies as outlined in this policy. If you have any questions or concerns about our third-party disclosure policy, please contact us at our support center.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

Collection of Email Addresses

• We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service

Compliance with CAN-SPAM Act

• To be in accordance with CAN-SPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Include the physical address of our business or site headquarters.
• Identify the message as an advertisement in some reasonable way.
  Include the option to unsubscribe from our emails in each email.
• Honor opt-out/unsubscribe requests within 10 business days.
• Monitor third-party email marketing services for compliance, if one is used.

Do not send marketing messages to those who have unsubscribed from our emails.

Unsubscribe/Opt-out
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from all correspondence.

We take CAN-SPAM compliance seriously and strive to maintain a high level of email privacy and security for our customers.

DISCLAIMER

THE INFORMATION PROVIDED ON THIS PRIVACY POLICY PAGE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE.

THROUGH THIS WEBSITE YOU MAY BE ABLE TO LINK TO OTHER WEBSITES WHICH ARE NOT UNDER OUR CONTROL. WE HAVE NO CONTROL OVER THE NATURE, CONTENT AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION OR ENDORSEMENT OF THE VIEWS EXPRESSED WITHIN THEM.

EVERY EFFORT IS MADE TO KEEP THE WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL.

Contact Information

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at: [email protected]

You may also write to us at:
Address: Flat 502, House 155, Road 4 Block A, Niketan, Gulshan 1, Dhaka 1212, Bangladesh.
Phone: 01795-535353

Changes or update to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our site is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.