SMANN PRIVACY POLICY

Last updated [October 5, 2020]

Tribetayling Private Limited (Smann) ("we" or "us" or "our" respects the privacy of our users ("user" or "you"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you register, visit our mobile application (the "Application"). Please read this Privacy Policy carefully before downloading the application run by Tribetayling Private Limited, having its registered office at 26A, Skyline, Cosmos Horizon, Pokhran Road No-2 Near Bethani Hospital, Majiwada, Thane West Thane Thane - 400610 Maharashtra – India. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.

A. Service Overview

Smann is an e-commerce platform where,

1. Buyer creates an online order and send it to seller for confirmation

2. Seller confirms order and sends pricing and order details back to buyer

3. Buyer accepts the order details and can either purchase or cancel the order

4. Buyer can pay the order by 4 ways either cash on delivery, cash on pickup, online payment method or by adding it to its account (Khata this is approved by seller’s discretion)

5. Once payment is confirmed Seller delivers the items or keep it ready for pickup and completes the order

The actual contract for sale is directly between the Buyer and Seller. Smann only will provides the services of ordering product, pricing, discounting, etc. which is informational, and it is up to you to follow it or not. Smann does not, at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by the seller nor does at any point, assert any rights or claims over the goods or services offered by the seller to the buyer. Smann is a facilitator between Buyer and Seller and does not take any legal responsibility for the authenticity or quality of products/services and buyers are encouraged to exercise prudence and diligence (including by viewing any available reviews of the products or services or the Seller) before purchasing such products or availing such services Buyer understands that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Seller. Buyer agrees to handle such issues and disputes directly between Buyer and the Seller. You acknowledge that Smann gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online service. Smann is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Smann Platform. Smann will make best efforts to assist buyers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.

In case of dispute Smann may help facilitate the resolution of disputes through various modes but Smann has no control over following:

(a) the existence, quality, safety or legality of items

(b) the accuracy of third-party pricing

(c) the ability of sellers to sell items

(d) the ability of buyers to pay for items.

B. Governing Rule

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.

C. Eligibility

The Smann is not available to people under the age of 18 (Eighteen) or to anyone previously suspended or removed by Smann. By accepting the T&Cs or by otherwise using Smann, you represent that you are at least 18 years of age and have not been previously suspended or removed by Smann. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Smann reserves the right to suspend or permanently prevent you from availing Smann.

D. Cancellation

Smann is responsible for order cancellation before order confirmation, once order is confirmed, Smann is not responsible for any change in original order or payment cancellation. You agree not to dispute the decision made by Smann and accept Smann decision regarding the cancellation.

E. Defective Product Policy

In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the Seller or Smann’s customer service team.

F. Limitation of liability and waiver

In no event, Smann or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages.

G. Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Smann Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Smann may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.

H. Jurisdiction

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Smann must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

I. Collection Of Information

We may collect information about you in a variety of ways. The information we may collect via Smann depends on the content and materials you use, and includes:

φ Personal Data

This Privacy Policy applies to personal and business-related Information that is collected and controlled by Smann. This information will be used to identify user and provision of necessary services, including but not limited to name, email id, phone number, delivery address, payment information, aadhaar card details, pan number, license number, shop act number, GSTIN, store name, store address, pictures, location pin, alternate number, social information, valid credit card number, card brand, expiration date, sellers and buyers bank details such as account name, account number, account type and IFSC code. Smann will not be responsible for truthfulness of the user shared information.

In the event the User is sharing any Personal Information 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, and Smann is not responsible for verification or truthfulness of the user shared information. User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

φ Derivative Data

Smann will use all the derived information to serve user better.

φ Financial Data

Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you save information for future use, purchase, order, or request information about our services from the Application. [We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Paytm, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

φ Facebook Permissions

The Application may by default access your Facebook basic account information, including your name, email, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

φ Google Permissions

The Application may by default access your Google basic account information, including your name, email, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Google Permission Reference page.

φ Data from Social Networks

User information from social networking sites, such as [Facebook, Google, YouTube, Instagram, Pinterest, Twitter], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Application.

φ Geo-Location Information

We may request access or permission to track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

φ Mobile Device Access

We may request access or permission to certain features from your mobile device, including your mobile device’s camera, contacts, microphone, social media accounts and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

φ Mobile Device Data

Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, communication information including phone number, country, location, transactional and promotional SMS/app notification, specimen signature(s) for processing of your instructions received by us through our various payment and delivery channels and any other data you choose to provide.

φ Push Notifications

We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

φ Data From Contests, Giveaways, and Surveys

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys will be used by Smann to create better customer experience.

J. Data Sharing

Any Personal Data that we have access to shall never be shared without your consent. In various processes / submission of order /service offerings, we even seek your explicit consent to use / share your Personal Data. In our business and operational processes, we only share the data on a partial and "need-to-know" basis to designated personnel or partners or service providers.
We will share your data with competent/ legal/statutory/regulatory agencies / authorities or partners/service providers acting on our behalf (as the case may be) in following cases:
1. only for enabling the provision of the products/services availed by you, strictly on a "need to know" basis and subject to applicable laws.
2. it is directed or required by legal/regulatory / statutory / governmental authorities under applicable laws/regulations though a legally obligated request.
3. it is required by financial institutions to verify, mitigate or prevent fraud or to manage risk or recover funds in accordance with applicable laws/regulations.

K. Use Of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:

1. Facilitate transactions or report on these transactions

2. Administer sweepstakes, promotions, and contests.

3. Compile anonymous statistical data and analysis for use internally or with third parties.

4. Undertake research and analytics for offering or improving our products/services and their security and service quality

5. Create and manage your account.

6. Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Application to you.

7. Email you regarding your account or order.

8. Enable user-to-user communication.

9. Fulfill and manage purchases, orders, payments, and other transactions related to the Application.

10. Generate a personal profile about you to make future visits to the Application more personalized.

11. Increase the efficiency and operation of the Application.

12. Monitor and analyze usage and trends to improve your experience with the Application.

13. Notify you of updates to the Application.

14. Offer new products, services, mobile applications, and/or recommendations to you.

15. Perform other business activities as needed.

16. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

17. Process payments.

18. Respond to your queries or feedback

19. Request feedback and contact you about your use of the Application.

20. Resolve complaint/claim/dispute and troubleshoot problems.

21. Respond to product and customer service requests.

22. Send you a newsletter.

23. Carry credit checks, screenings or due diligence checks as lawfully required by us.

24. Undertake financial/regulatory/management reporting, and create and maintain various risk management models

25. Conducting audits and for record keeping purposes

26. Solicit support for the Application.

L. Cookie Policy

"Cookie" is a small piece of information stored by a web server on app so it can be later read back from app. We may use cookie and tracking technology depending on the features offered. No Personal Data will be collected via cookies and other tracking technology; however, if you previously provided Personal Data, cookies may be tied to such information.

M. Reasonable Security Practices and Procedures

We take various steps and measures to protect the security of your Personal Data from misuse, loss, unauthorized access, modification or disclosure. We use latest secure server layers encryption and access control on our systems. Please do not share your Smann login, password and OTP details with anybody.

N. Disclosure Of Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

φ By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

φ Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

φ Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

φ Interactions with Other Users

If you interact with other users of Smann, those users may see your name, profile photo, and descriptions of your activities.

φ Third-Party Advertisers

We may use third-party advertising companies to serve ads when you visit Smann. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.

φ Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

φ Business Partners

We may share your information with our business partners to offer you certain products, services or promotions.

φ Social Media Contacts

If you connect to Smann through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.

φ Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

φ Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

O. TRACKING TECHNOLOGIES

φ Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on Smann to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most app are set to accept cookies by default. You can remove or reject cookies but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

φ Internet-Based Advertising

Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.

P. Third Party websites

The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.

Q. Security Of Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

R. Changes To Policy

​ We may update this Privacy Policy without notice to Users. Users are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it. In this policy, the words "we", "ours" and/or "us" refer to Tribetayling Private Limited (Smann) and "you" and/or "your" refer to our customers.

S. Agreement

By accepting Smann’s Terms here and the T&Cs in general, you accept that Smann may send the alerts to the mobile phone number/ email address provided by you at the time of registration or to any such number/e-mail address replaced and informed by you subsequently.

T. Contact Us

If you have questions or comments about this Privacy Policy, please contact us at:

Tibetayling Private limited

26A, Skyline, Cosmos Horizon, Pokhran Road No-2 Near Bethani Hospital, Majiwada, Thane West Thane- 400610 Maharashtra - India

contactus@smann.in