Trendware Solutions Private Limited (including subsidiaries and affiliated companies, referred to collectively as ‘TSPL,’ ‘we,’ or the ‘Company’) understands that you are entrusting us with confidential information and that you have a right to be informed about our practices regarding any information we collect or use when you use any of our services or interact with TSPL.

TSPL develops cloud-based software that enables apparel and consumer goods manufacturers to streamline and optimize product development, manufacturing, and lifecycle management processes. Additionally, TSPL offers a variety of software products and mobile application websites, including simplexmlm.com.

A User may be an entity, such as an employer, that has entered into an agreement with TSPL or with one of TSPL’s resellers or distributors that provides TSPL’s services (“Customer “), or a Customer’s users, such as its employees, who access the Website’s services (“End User(s)”. (The terms “Customer” and “End User” refer collectively to “Users” or “you”).

Any information about you that TSPL has reasonably access to, either alone or in combination with other data, will be considered your personal information (“Personal Information”). Additionally, this Privacy Policy applies to any personal information you provide to TSPL for the purpose of marketing the services, features, or content we offer to customers (“the Services”), as well as any support we may provide to you in connection with the delivery of our services and mobile apps.

Third-party applications and software, including social media websites, partner websites, and external tracking software (“Third Party Services”), that are accessible through our sites, services, or mobile apps are not covered by this privacy statement.

For the purposes of the GDPR or European Economic Area data protection law (the “Data Protection Law”), the Customer who makes the Service available and permits end users to access and use it, or anyone acting on its behalf, is the data controller of the data processed through the Service.

TSPL is the owner of data collected via the websites and data not processed by the Service (e.g., contact information for prospective customers, resumes submitted, etc.). You acknowledge that by using any of our Services, you have read and comprehended this privacy statement.

We collect and use information in a variety of ways.

Non-Personal Data

“Non-Personal Information” is the first category of data; it refers to non-identifiable and anonymous information, which means we are unaware of the User’s true identity. Non-Personal Information is any information that is made available to us in an unencrypted format when a User utilizes the service or websites. We collect technical and behavioral information that is not personally identifiable. This information may include the User’s Internet protocol (IP) address, uniform resource locators (URL), browser type/version, operating system, ‘click-flow’ through the Website and Services, any plug-ins, time zone and screen resolution settings, and other behavioral data collected to better understand the User’s service usage patterns.

Personal Information

In comparison to social media websites, e-commerce websites, and payment websites, we collect relatively little Personal Information due to the nature of the Service we provide:

Generally, any Personal Information we obtain as a result of your use of the service will consist of information provided consciously and voluntarily by a customer, including the Customer’s administrator and End Users. This information may include your first and last names, birth date, gender, job title, phone number(s), department in which you work, country, city, work email address, and IP address, as well as any other information you choose to provide to Us.

Particulars of the Location

We do not track or request your location when you download our mobile apps. However, location-based information from your mobile device is collected only when you use certain of our mobile Apps, which require it to provide service-related features.

The GDPR legal basis for processing this information is our contractual obligation to provide services to you. If you apply for a job through the Sites, you may provide Us with your location information. This information is used to match you with relevant jobs in your region. Your consent is the legal basis for processing this information under the GDPR.

Contact Information

We may request personal contact information from you when you express an interest in learning more about us, our Services, the Site, (eg. name, email, phone number, company name, country).

The above-mentioned information is used to communicate with you and to respond to your requests, questions, and comments. Our legitimate interest in responding to your questions and communicating with you is the GDPR legal basis for processing this information.

The Device's Specifications

We may collect data on hardware usage, operating system versions, and other factors. Our contractual obligation to you to provide the Services provides the legal basis for processing this information under GDPR.

Data Compilation

As a service provider, we collect information only when the Customer specifically requests it. Our agreements govern all aspects of access to, delivery of, and use of our Mobile Apps, website, and Service, as well as any personally identifiable information we collect.

The Customer retains complete ownership of the platform and the data associated with it. If you have any questions about the service, its configuration, or your personal information or privacy practices, please contact the Customer’s administrator for the TSPL service that you are utilizing.

Customer data will be used in accordance with the Customer’s instructions, applicable terms in our Agreements, the Customer’s use of the Service, and as required by applicable law. Under the applicable GDPR, Trendware Solutions Private Limited is a processor of Customer Data, whereas the Customer is the controller.

Information disclosure in order to protect the safety of others and ourselves

We may be required to disclose personal information in response to a lawful request by public authorities, such as to meet national security or law enforcement requirements, in certain circumstances.

Furthermore, we have the right to access, read, retain, and disclose any information we believe is reasonably necessary to:

  •  Comply with any applicable law, regulation, legal process, or government request
  • Enforce this Privacy Policy, including investigating potential violations
  • Detect, prevent, or otherwise address fraud, security, or technical issues
  • Respond to user support requests

This could include any information exchange with other businesses or organizations for the purpose of preventing fraud and spam/malware. All third parties are required to keep your personal information secure and to treat it in accordance with applicable laws. We do not allow third-party service providers or subcontractors with whom we may share your Personal Information to use it for their own purposes, and we only allow them to process it in accordance with our instructions. Unless you give us permission, we will only share your personal information in the ways described in this privacy statement.

Retention of Data

Customers can contact us and request information about data storage and retention (“Audit”). We will use reasonable efforts to respond to within a reasonable time frame, subject to applicable law and the protection of TSPL’s trade secrets.

TSPL will continue to keep data on behalf of Customers to provide the Service, enforce its agreements, and resolve disputes. The data is backed up via a data backup policy for the sake of system continuity.

Each user is solely responsible for their data. Unless otherwise agreed with the customer, any deletion of data, incorrect data, or database breach is not the responsibility of TSPL.

If a Customer chooses to discontinue the service, Customer data will be permanently deleted upon termination of the service by the Customer and fulfilment of all obligations as per our agreements.

Personal information and other data about an end-user may be retained by the customer and owned by the controller (Customer or Customer’s administrator), with the end-user having no access to it. If you have any questions about this data, you should contact the customer directly. This includes the right to retain and process your personal information. You hereby agree not to bring any claim against TSPL or its affiliates in this regard, and you hereby waive any rights to such Data and Personal Information, including the right to view and control such Data and Information.

While all Customer data will be deleted, some data will be kept in an anonymized form. We collect and retain metadata and statistical information about Service usage that is not subject to the deletion procedures in this policy and may be retained for no longer than necessary. Some of your data may be retained by any of our third-party service providers in accordance with their retention policies. Any of your metadata or statistical data retained by third-party service providers will be unidentifiable.

TSPL may keep anonymized aggregated data for as long as it is required to provide its services. Contracts and billing information may be retained as required by TSPL for at least 5 years following the termination or expiration of the Customer’s or entity’s relationship.

Where do we keep your information?

The collected data is typically saved on AWS (Amazon Web Services) or another infrastructure provider. They have advanced security features and adhere to ISO 27001 standards.

When you provide us with your personal information, we will send it to any location that will allow us to successfully provide dependable services (UK, US, India, Vietnam etc). Any applicable European Union data protection law will be followed, as will laws governing the transfer of personal information from European Union territory to any other Non-EU territory.

We will take all reasonably necessary steps to appropriately safeguard your data when it is transferred outside of the EEA, such as relying on a recognised legal mechanism and ensuring it is treated securely and in accordance with this privacy policy.

Information security and storage

We take great care in implementing, enforcing, and maintaining the service’s and our Users’ personal information security. We have security policies in place to prevent unauthorized or accidental access, destruction, loss, modification, use, or disclosure of personal data, and compliance with such policies is monitored on an ongoing basis by our internal security and infrastructure team.

We restrict access to any personal data to personnel who:

  • Require access in order for TSPL to fulfil its obligations under this Privacy Policy and agreements executed with us or our affiliates
  • have been appropriately trained on the requirements that apply to the processing, care, and handling of Personal Information;
  • are subject to confidentiality obligations as required. We also take precautions to ensure that any employees who have access to personal data are truthful, dependable, competent, and properly trained.

Subject to applicable law and instructions from any agency or authority, TSPL shall act in accordance with its policies to promptly notify Customer in the event that any personal data processed by us on behalf of a Customer is lost, stolen, or in the event of any unauthorized access to it.

Furthermore, in the event of a breach, the company will work with the customer to investigate and correct any such security breach. In the event of a security breach involving any form of Personal Information, we would take immediate corrective action, including measures to restore the security of the Personal Information and limit unauthorized or illegal dissemination of the Personal Information or any part of it.

TSPL maintains documentation regarding compliance with legal requirements, including documentation of any known breaches, and we have reasonable insurance policies in place for data security.

We accept no responsibility for the operation, privacy policies, or content of any links to external sites that may be found in the service from time to time.

Your Rights in Relation to Your Information

If we store your personal information, you will have subsequent rights to your data based on the services and your region.

If you have provided Personal Information to Us, we will inform you whether we hold any of your Personal Information on our website or otherwise. Please contact us at hello@simplexmlm.com with any requests for access, correction, or deletion of personal information. You can expect a response from us in a reasonable amount of time.

TSPL has no direct relationship with the individuals whose Personal Information is provided through the Services when acting as a service provider for our Customer, so any request should be directed to the Customer’s administrator, who is the controller of such data.

If you live in the European Economic Area, you have the following rights in relation to your personal information that we directly collected from you and that we control (“EEA”).

Access to Information

You have the right to request a copy of any personal information we have on file for you. Along with a confirmation that we are processing your personal information, we will disclose additional information such as the types of personal information, the source of origin, the purpose and safeguards for data transfer to non-EEA countries, and the expected retention period, subject to the limitations set forth in applicable laws and regulations.

Right to be corrected

You have the right to request a copy of any personal information we have on file for you. Along with a confirmation that we are processing your personal information, we will disclose additional information such as the types of personal information, the source of origin, the purpose and safeguards for data transfer to non-EEA countries, and the expected retention period, subject to the limitations set forth in applicable laws and regulations.

The right to be forgotten

We will delete your personal information if:

  • it is no longer necessary for us to retain it;
  • you withdraw your consent, the legal basis for processing your personal information;
  • you object to the processing of your Personal Information (see below), and no legitimate reason for such processing exists;
  • the Personal Information was processed illegally

OR

If it is necessary, we may refuse your request to delete your personal information:

  1.  To fulfil our legal obligations
  2. To assert or defend legal claims
  3. To carry out a task in the public interest

Right to limit processing

We will limit the processing of your Personal Information at your request if:

  • you dispute its accuracy; 
  • you request a limitation on processing the information rather than deletion because it was processed illegally
  • we no longer need it but you need it in connection with the establishment, exercise, or defence of a legal claim; or
  • you object to the processing of your Personal Information pending verification of whether a legitimate ground for such processing exists.

We may continue to store your Personal Information to the extent necessary to ensure that your request to limit processing is honored in the future.

Data portability is a legal right.

At your request, we will provide you with a structured, commonly used, and machine-readable format of your personal information free of charge, provided that:

  • We were provided with your personal information;
  • the processing of your Personal Information is required to perform a contract; and
  • the processing is carried out in an automated manner.

Right to revoke consent

You have the right to revoke any consent you may have previously given us at any time. If you wish to exercise your right to withdraw consent, we may need to request certain identifying information in order to ensure the security of your Personal data. If you wish to exercise any of the above-mentioned rights, please contact us at hello@simplexmlm.com. You can expect a response within 30 days, or we will explain why there was a delay.

When you exercise any of your rights, you are usually not charged a fee. However, a fee will be charged if your request is unfounded or excessive, for example, due to its repetitive nature, and reasonable administrative costs in complying with your request will be charged. If we decline your request, we will notify you of the reasons why.

Changes to the privacy policy

The terms of this Privacy Policy govern the use of the Service, sites, mobile apps and any information collected in connection there with, however, we may amend or update this Privacy Policy from time to time. If any material changes are made to this privacy policy, we will strive to provide a notice on the homepage of the website or via email, unless agreed otherwise with the Customer. Any material changes will go into effect seven (7) days after the notice was posted on our website or sent by email. Otherwise, any changes made to this privacy policy are to remain in effect as of the stated “Last Revised” date and if you continue to use the service it will be constituted as your active acceptance of, an agreement to be bound by, the changes to the Privacy Policy.

For any questions or comments in regards to this Privacy Policy, please send us an email or contact us at hello@simplexmlm.com We will strive to reply within a reasonable timeframe or under 30 business days.