ESL Holdings Limited (“ESL Holdings”, “the Company”, “we”, “us” or “our”) treats the relationship with every client as a matter of strict confidence. This Privacy & Confidentiality Policy (“Policy”) sets out the obligations that bind the Company, and the corresponding obligations that bind each client, in respect of client information, prices, rates and offers.
1. Scope and Acceptance
This Policy applies to every prospective buyer, booking holder, allottee, landowner, investor and other person (each a “Client”) who deals with ESL Holdings in connection with any residential, commercial or land-sharing project of the Company, and to every visitor of this website.
By enquiring about, booking, purchasing or otherwise dealing in any unit, or by using this website, the Client acknowledges that they have read, understood and agreed to be bound by this Policy.
2. Definition of Confidential Information
For the purposes of this Policy, “Confidential Information” means all information, in any form, that is exchanged between the Company and a Client, including but not limited to:
- the name, identity, address, national identification, contact details and other personal particulars of the Client;
- the fact that a person is, or has enquired about becoming, a client of the Company;
- the number, type, size, floor, location and price of the flat(s), apartment(s), commercial space(s) or plot(s) booked, purchased or reserved by the Client;
- the per-square-foot rate, total price, discount, special offer, promotional benefit, payment schedule, instalment plan, booking money and any other commercial term offered to or agreed with the Client;
- financial, banking, loan and payment records, and all agreements, correspondence and documents relating to the transaction.
3. Undertaking of the Company
ESL Holdings undertakes that it shall not, at any time, disclose, publish, sell, transfer or otherwise make available to any third party, whether directly or indirectly:
- the name or identity of any Client;
- the rate, price, discount or offer given to any Client; or
- the number or description of the flat(s) or unit(s) taken by any Client,
except as expressly permitted under Clause 5 of this Policy. The Company shall restrict internal access to Confidential Information to those directors, employees and authorised representatives who need it to perform their duties, and who are themselves bound by duties of confidentiality.
The Company does not sell or rent Client information to any person for marketing or any other purpose. Client names, photographs, testimonials or project holdings shall be displayed in any publication, advertisement or on this website only with the prior written consent of the Client concerned.
4. Undertaking of the Client
Rates, prices, discounts and offers made available by ESL Holdings are specific to the Client, the unit, the time and the circumstances in which they are made. Accordingly, each Client agrees that they shall not, without the prior written consent of the Company:
- disclose, share, circulate or discuss the rate, price, discount, special offer, promotional benefit or payment terms given to them with any other client, prospective client, broker, agent, competitor, media outlet or other third party;
- disclose the commercial terms of any agreement, booking or allotment with the Company, or any written or verbal offer received from the Company;
- post, publish or forward any such information, or any quotation, price list, offer letter or document of the Company, on social media, messaging groups, websites or any other public or private forum; or
- use any Confidential Information of the Company to negotiate with, or to the disadvantage of, the Company or any other client.
The Client shall take reasonable care to keep all such documents and information secure and shall be responsible for any disclosure made by their family members, employees, agents or representatives.
5. Permitted Disclosures
The obligations in Clauses 3 and 4 shall not prevent disclosure of Confidential Information:
- with the prior written consent of the party to whom the information relates;
- where disclosure is required by law, by a court of competent jurisdiction, or by a government, regulatory or law-enforcement authority of the People’s Republic of Bangladesh;
- to the extent necessary for registration, mutation, utility connection, plan approval or other legal formalities before the relevant authorities, including RAJUK, the Sub-Registry Office and land administration offices;
- to banks and financial institutions, solely where the Client has applied for a home loan or finance and has authorised such disclosure; and
- to the professional advisers, auditors and legal counsel of a party, who are bound by a duty of confidentiality, and only to the extent necessary.
Information which is, or becomes, lawfully available to the public other than through a breach of this Policy shall not be treated as Confidential Information.
6. Information We Collect and How It Is Used
When a Client or visitor submits an enquiry, schedules a meeting, books a unit or uses the Client Portal, we may collect their name, phone number, email address, project preferences and transaction details. We use this information solely to respond to enquiries, process bookings and payments, provide after-sales service, send project and construction updates, and comply with legal obligations. We do not use it for any other purpose without the Client’s consent.
7. Security of Information
The Company maintains reasonable administrative and technical safeguards to protect Confidential Information against unauthorised access, alteration, disclosure or loss. Clients are responsible for keeping their Client Portal login credentials confidential. No method of electronic transmission or storage is completely secure, and the Company cannot guarantee absolute security.
8. Duration
The obligations under this Policy are continuing. They shall remain in force throughout the relationship between the Company and the Client and shall survive the completion of the sale, handover of possession, cancellation of a booking, or any other termination of that relationship.
9. Breach and Remedies
Disclosure of Confidential Information in breach of this Policy may cause serious and irreparable harm. Without prejudice to any other right or remedy available under law, the party aggrieved by a breach shall be entitled to seek injunctive relief and to claim damages and compensation from the party in breach.
Where a Client breaches Clause 4, the Company further reserves the right, to the extent permitted by law and by the applicable agreement, to withdraw any discount, offer or concession granted to that Client.
10. Governing Law and Jurisdiction
This Policy shall be governed by and construed in accordance with the laws of the People’s Republic of Bangladesh. Any dispute arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the competent courts of Dhaka, Bangladesh.
11. Amendments
The Company may amend this Policy from time to time. The amended Policy shall be published on this page with a revised effective date and shall apply from the date of publication. Continued dealings with the Company after publication shall constitute acceptance of the amended Policy.
12. Contact
For any question about this Policy, or to give or withdraw consent under it, please write to us at contact@eslholdings.com, call +88 09639 144 244, or visit our corporate headquarters at Rupayan P&F Square, 62/5/E, North Kalshi, Shagufta New Road, Section 09, Mirpur, Dhaka-1216.