Privacy Policy

In the following document the terms “you”, "your", "yours" will be referred to the customer while, “us”, “we” and “our” shall refer to Kabāya and The Failing (Private) Limited.


Protecting your privacy and the confidentiality of your personal information is of utmost importance to us. This Privacy Policy explains why, we collect personal information and how we collect, use, disclose, store and protect your personal information. It also explains how you can access, correct, update or delete any personal information provided to us, or make a complaint if you have concerns.

This Privacy Policy applies to all users of Kabāya- කබාය (hereinafter referred to as Kabaya) services. Kabaya services include the purchasing of clothing items, jewellery, etc. from (including sub pages) and for Kabaya distributed surveys and questionnaires. This also applies to the distribution of offers may it be cash offers, coupons or other gifts presented by Kaba­­ya.

In the following document “we” refers to Kabaya and The Failing (Private) Limited.

Who is the controller of your privacy data?

  • The Failing (Private) Limited. [Kabaya is a brand name of The Failing (Private) Ltd.]

  • Company Registry: Colombo / Sri Lanka

  • Company registration number: PV00209494

Why do we collect your personal data?

We may collect personal information from you (or about you) to allow us to: supply you with tailored products, services or offers that may benefit you; better communicate with you; improve your experience with us; and notify you about our new products and services, discounts, promotions or upcoming events. Personal information collected or received by us will only be used for the stated purpose for which it was provided. In the event of a tailored option which you agreed upon we shall use your given information only to carry out your specific request only. Notifications sent to you are only carried out once you subscribe to our mail. If else, you will only receive notifications which are necessary correspondence between you as a customer of Kabaya, to carry out the services required by you from us.

Kabaya Privacy Policy conditions.

  1. We do not at any instance share your private information with any third party nor any third person without your knowledge. Your information will only be shared with parties to fulfil your order and services provided by us. We do not sell your data for any purpose. The processing of your data is for legitimate Kabaya requirements.

  2. The email address you have provided will be your exclusive identification. We use your email address only for the purpose of the contacting you for notification of your order status, tracking number (If any) or to inform you of an award. Under unforeseen circumstances we need to write to you directly we shall communicate solely via your email address.

  3. Your consent to the use of the provided data is granted to us when you sign up as a member or when you make a purchase from us as a guest.

  4. In using our webpage, you consent to the storage of cookies on your device. (Refer to the cookies section below for further information.)

  5. Your email address will not receive any offers, or other notifications unless you subscribe to our newsletter. Membership and newsletter subscriptions are two different entities.

  6. The data we collect from you will be stored within The Failing (Private) Limited. Data that may be passed on to third parties will be to process your order. These may include delivery services, postal services, etc. When placing an order, you agree that we can share your given address with these third-party service providers to expedite your order.

  7. Your data may be accessed for the sole purpose of serving you by Kabaya staff only.

  8. Your data will be stored locally in Colombo, Sri Lanka.

  9. Your data will be stored with us for as long as you’re an active member of Kabaya.

  10. By browsing our web page, we are not responsible for other third parties collecting your data. These may include and not limited to Google Adsense, Facebook Advertising etc.

Who has access to your data:

  • Kabaya and The Failing (Private) Limited.

  • WIX.COM its affiliates, partners and 3rd party service suppliers.

  • Warehouse and distribution suppliers.

  • Delivery partners.

  • Payment point providers. Such as Debit/Credit card handling companies, banks and other financial service providers.

  • Social media networks if you share or interact with us through such media.

  • Email service providers such as Gmail, Yahoo and Outlook when you contact us through their services.

What type of personal data do we collect?

We always process and store your username and password from the moment you sign up for Kabaya account. We also collect your IP address. If purchasing as a guest all information provided by you will be collected and stored.

Except for the above we process the following:

  • Name

  • National identity/Passport information.

  • Address

  • Telephone number

  • Email address

  • Date of birth

  • Country

  • Account settings

  • Payment information. (Usage via 2Checkout)

  • Order History

  • Delivery information such as instructions

  • Payment history

  • Click history

  • Navigation and browsing history.

Storage of information.

  • We shall hold on to email and correspondence logs for 732 days from the last correspondence. After which, it will be discarded unless it contains information, we deem worthy of storage.

  • Most purchase data that do not contain a warranty will be discarded after 18 months.

What if you don’t want us to collect your data?

You do not have to provide us with any personal information unless you want to. For example, it is your choice as to whether, you purchase our products and services or receive communications from us. If you choose not to provide us with your personal information, we may be unable to provide a product or service or comply with your needs. 

When you use our website or a web browser to search for our website or products, you can set your web browser to remove or reject cookies by selecting the appropriate settings on your browser. If you wish to opt-out of having your web browsing information used for re-marketing, traffic, demographics and interest reporting purposes, you must download and install Google Analytics Opt-out Browser Add-on ( Removing or rejecting cookies may affect the availability and functionality of our website and updates to your web browser may affect the functionality of the Google Analytics Opt-out add-on. Third party tracking of your web activity and analytics prompting advertisements for your online activity is not a liability nor a concern of Kabaya nor its affiliated partners.


Fraud countermeasures:

  • We shall hold on to your personal data for as long as we see fit to report and/or process and/or prevent fraudulent activities. We may store your data until it seems acceptable to be discarded within our own terms after the matter is resolved.

  • If a fraudulent activity is detected, we shall bear the right to store your data for the foreseeable future. We shall also share relevant information with authorities and/or other entities that may require information in order to safeguard against fraud.

  • Any video footage or other media we obtain shall be stored in compliance with local legislation. It shall be shared as and when needed within the legislative agreements.

  • Kabaya has a strict zero tolerance towards fraudulent activities.




A Cookie is a small text file that is saved to your device and retrieved/modified as needed. When using our services, we assume that you agree to the use of cookies.

How do we use Cookies?

  • We use permanent cookies to save preferences such as “remember me when signing in”.

  • We use cookies for identification of store activities and for filtration functions of products.

  • Cookies may associate through social media links or links to other services such as google login.

Kabaya does not save your personal data from cookies. You may delete them as needed through your device settings and/or browser settings.



Rights to erasure of data

You may request Kabaya to erase your personal details processed and stored by Kabaya anytime. Except under the following circumstances:

  • Ongoing Fraud investigation regarding Kabaya or a shipped order. (Please refer to the Fraud section for further clarification.)

  • Ongoing order. Order is partially shipped and/or delivered.

  • Order placed yet, not shipped.

  • Order awaiting processing.

  • Ongoing matter with customer services.

  • Ongoing matter with Authorities and/or law enforcement involving Kabaya or third parties linked to Kabaya. This includes Kabaya staff.

  • Unsettled debt with Kabaya, regardless of payment method.

  • Misuse of our services and/or products.

  • Suspected copying of our products and/or unauthorized redistribution of Kabaya merchandise.

  • Reasons within law preventing the erasure of your data.

  • Any purchase details. As per bookkeeping rules we shall retain your personal data.

If you want your personal details amended, corrected and/or deleted you may contact us at the following :

We reserve the right to amend and/or modify this privacy policy at any time. Therein, it is your responsibility to review it frequently. Changes and clarifications will take effect immediately upon them being posted on our webpage. We shall only notify you with regard to changes pertaining to use of your data with regards to an order only. (i.e. Change of courier, change of contact method, etc)