INTRODUCTION We, Tribetayling Private Ltd (“Company”; “We”; “us”; “our”) have created and developed a mobile application known as Smann (“App”) and also own and operate a website, namely, www.smann.in (together the “Platform”). The Platform facilitates various services that enables the buying and selling of various goods (“Services”) between Sellers and Buyers (as defined below) who are registered on the Platform. We respect data privacy rights and are committed to protect personal information collected by us through the Platform. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected through the Platform.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CLICKING “I AGREE” OR BY CONTINUING TO USE THE SERVICES, USER AGREES TO THIS PRIVACY POLICY. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER MAY NOT AVAIL THE SERVICES OR ACCESS THE PLATFORM. IF YOU ARE USING THE SERVICES OR ACCESSING THE PLATFORM ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE AND AVAIL SERVICES OR ACCESS THE PLATFORM AND TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE SERVICES OR THE PLATFORM SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE SERVICES. THIS PRIVACY POLICY IS GOVERNED BY AND IS COMPLIANT WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011, WHICH IS DESIGNED TO PROTECT THE PERSONAL INFORMATION; AND OTHER APPLICABLE RULES AND REGULATIONS RELATED TO PRIVACY.
DEFINITIONS (i) “Sellers” shall mean and include the retail entities that offer the goods for sale, through the Platform. (ii) “Buyers” shall mean and include individuals who purchase the goods from the Sellers using the Platform. (iii) “User(s)”, “you”, “your” shall mean and include the Sellers registered on the Platform, as well as visitors to our website. (iv) “User Content” shall mean and include data and photographs uploaded by the Users to create their profile on the Platform.
PERSONAL INFORMATION COLLECTED This Privacy Policy applies to Personal Information collected and controlled by the Company, through the Platform about the Users, for providing the Services. For the provision of the Services, User is required to register with the Platform by using the sign-up option available (“User Account”). During the registration process, for using the Services, for connecting with us through our website and during interaction through chat room, User shall be required to share/upload certain Personal Information. For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to User’s name, e-mail ID, Seller’s shop details such as shop name, address, photographs, shop act registration number, FSSAI license number of the Seller’s shop, PAN Card number, GSTIN, ’s bank details such as account name, account number, account type and IFSC code Website and Social media accounts- We may also collect, store and use your Personal Information when you (1) access or provide your Personal Information on our social networking handles operated by us on Facebook, Gmail, Twitter, LinkedIn, Instagram, YouTube or any other similar platform (2) share our blogs through Facebook, Gmail, Twitter, and/or LinkedIn, Instagram, YouTube or any other similar platform, (3) comment/ provide feedback/testimonials on such social networking handles and (4) login through Gmail, Facebook or any other similar platform.
PAYMENT INFORMATION You may while availing the Services through our Platform use the services of our payment processing partners. You will be required to provide certain payment information directly to our payment processing partners, including but not limited to your name, credit/debit card information, bank details, IFSC code, UPI details. We do not access, store or collect your credit/debit card information.
ACCURACY OF INFORMATION User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information and User Content shared with us whether of its own or any third party. In the event the User is sharing any Personal Information and User on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy. In course of collecting information, we may also collect your Internet Protocol (“IP”) addresses whenever you access the Platform and avail our Services over internet. Such information may include the browser name, your usage and log related information, the type of electronic device, manufacturer, make, model, unique ID of the electronic device and other technical information about User’s means of connection to our Platform, such as the operating system and the internet service providers utilized and other similar information. For example, we may use IP addresses to monitor the regions from which User navigates our Platform. User understands that this information shall be nonpersonal information and could be used by Company, for its own business purposes.
USE OF PERSONAL INFORMATION We shall use the Personal Information in the following cases: (i) to provide User with the Services and to assist the User in the event the User needs any additional support; (ii) to provide User information about any new offerings/and or our periodic newsletter (iii) for creation or development of business intelligence or data analytics in relation to the Services provided by the Company; (iv) to more effectively provide the Services to User; (v) to improve the Services; (vi) to maintain and manage User Account; (vii) to assist User with technical difficulties that may arise in relation to User’s use and access of the Platform; (viii) to manage our relationship with User; (ix) for internal record keeping; and (x) to comply with our legal or statutory obligations.
ANONYMIZED DATA We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to conduct research, analytical purposes, and to improve our Services. By using the Services and/or visiting our website, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.
DISCLOSURES In course of providing Services to you or access to the Platform we may share your personal Information with certain parties (for consideration or otherwise). Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases: Administrators: We may provide access to User’s Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same. Affiliates: We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to User’s requests for information or the Services. Service Providers: We may share User’s Personal Information to the service providers, who are working with us in connection with the operation of the Services or the Platform, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy. Joint Marketing Arrangements: Where permitted by law, we may share User’s Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of User’s Personal Information, require them to safeguard User’s Personal Information, and prohibit them from making unauthorized or unlawful use of User’s Personal Information. Merger or Acquisition: We may transfer User’s Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Platform, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.
Legal and Regulatory Authorities: We may be required to disclose User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose User’s Personal Information to (a) law enforcement officers or others; (b) Credit Information Companies; (c) to comply with a judicial proceeding, court order, or legal process served on us or the Platform; (d) to enforce or apply this Privacy Policy or our other policies or agreements; (e) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (f) respond to claims that any Personal Information violates the rights of third-parties; (g) or protect the rights, property, or personal safety of the Company, or the general public. User agree and acknowledge that we may not inform User prior to or after disclosures made according to this section. Notwithstanding anything mentioned hereinabove, the Company shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall the Company be responsible and/or liable for any additional information User may choose to provide directly to any third party.
DATA RETENTION We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SECURITY User’s Personal Information including User Content is stored on a secure and protected cloud infrastructure of reputed cloud service provider. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liability or responsibility for it. Users are required to be careful to avoid “phishing” scams, where someone may send User an e-mail that looks like it is from the Company asking for User’s personal information. User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.
ACCESSING AND MODIFYING PERSONAL INFORMATION In case User needs to access, review, and/or make changes to the Personal Information including User Content except for User’s mobile number, User may do so on his User Account. If the User modifies his/her mobile number, then Seller has to re-register on the Platform through a new User Account and deactivate the earlier User Account. User shall keep User’s Personal Information updated to help us improve our Services. If User updates, modifies or corrects his Personal Information, we may continue to keep copies of the Personal Information prior to such update, modification or correction for uses provided for in this Privacy Policy. We shall not verify any such modifications or corrections made by the User. User shall be solely liable for such modifications or corrections.
LINKS TO OTHER WEBSITES Our Platform may contain links to other websites/applications of your interest. Please note that we do not have any control over such other websites/applications, and you will be accessing these websites/applications at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites/applications.
INDEMNIFICATION User agrees to indemnify us, our subsidiaries, affiliates, officers, agents, Contractors, and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information and User Content that User submits or shares through the Platform; (ii) User’s violation of this Privacy Policy, (iii) or User’s violation of rights of another User.
LIMITATION OF LIABILITY USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
RESERVATION OF RIGHTS All rights not expressly granted in this Privacy Policy are reserved by the Company and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Company or any other person or to User.
GOVERNING LAWS AND DISPUTES This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between the User and the Company shall be submitted to arbitration to be conducted in Mumbai, Maharashtra, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996 (as amended from time to time), by a sole arbitrator, who shall be appointed by the Company and the award made in pursuance thereof shall be binding on the Users and the Company. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Mumbai, Maharashtra, India shall have an exclusive jurisdiction over such disputes.
CHANGES TO THIS POLICY Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change through our Platform. This Privacy Policy was last modified on 12 April, 2021.
CONTACT US If User has any question, concern or grievance regarding this Privacy Policy, User can email us at our email-address contactus@smann.in.
“I AGREE” to all above Privacy Policy explanations provided by Tribetayling Private Limited.
