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Privacy Policy

  • Smartbyte Media Private Limited ("Smartbyte", "We", "our", "Us", "Firm", "Service Provider") is the owner and operator of www.smarkerz.com (“Website”) and the mobile based App available on Google Play store platforms (“App”) (collectively the “Platform”) and is engaged in the business of allowing third parties with marketing requirements (herein referred to as “Project Providers”) to list on the Platform and facilitating their connect and engagement through the Platform with brand influencers (“Influencers”) seeking to implement social media and marketing projects for a fee (“Services”). All visitors and users of the Platform are together termed as “you”, “your”, “Users”. We desire a long-term relationship with you and respect the trust that you place in us while you interact with us. In keeping with the requirements of applicable law, including Section 43A of the Information Technology Act, 2000, Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”) and Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,(the “2021 Rules”) this comprehensive privacy policy has been prepared to outline everything you need to know about the kind of information collected by us from you about you and/or about the end users of the Products and Services, our commitment to protecting such information in the course of our interaction with you and the conditions under which we may have to disclose such information (“Privacy Policy”). By visiting this Platform, you agree to be bound by the terms and conditions of this Privacy Policy and Terms of Use into which the Privacy Policy is incorporated by reference; and consent to our use and disclosure of your personal information, including sensitive personal information as defined under applicable law, in accordance with this Privacy Policy and applicable law. If you do not agree with the terms of this Privacy Policy please do not use or access our Platform. This Privacy Policy is incorporated into and subject to the Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning specified in the Terms of Use. If you use this Platform on behalf of a third party, you represent that you are authorised to accept the terms of this Privacy Policy on such person's behalf. Smartbyte may update this Privacy Policy at any time, with or without advance notice to you. Smartbyte reserves its right to bring about changes or to remove any information published on the Platform due to changes in government regulations and other local laws applicable. In the event there are significant changes in the way Smartbyte treats User’s personally identifiable information, Smartbyte will display a notice on the Platform. Notwithstanding the above, Smartbyte shall be deemed to have notified the Users of any changes made to the Privacy Policy once the same is published on its Platform. To make sure you are aware of any changes, please review this Privacy Policy periodically.

Collection, use and disclosure of your personal information

  • "Personal information" is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. The SPI Rules further define "sensitive personal data or information" of a person to mean personal information about that person relating to:
    • (i) passwords;
    • (ii) financial information such as bank account or credit card or debit card or other payment instrument details ;
    • (iii) physical, physiological and mental health condition;
    • (iv) sexual orientation;
    • (v) medical records and history;
    • (vi) biometric information;
    • (vii) any detail relating to the above as provided to body corporate for providing service; and
    • (viii) any of the information received above by a body corporate for processing, whether stored or processed under lawful contract or otherwise: Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of the SPI rules

Use of Personal Information

  • When you use or transact on our Platform, we collect Personal Information about you periodically. We may collect your name, postal address, email address, phone number, username, password, demographic information (such as your gender and birth date) as well as information you directly give us on our Platform and/or through our Services. The objective is to operate, assess activity on, and improve the performance of the Platform/ Services, including the following: To provide the services and personalise your experience;
  • To communicate with you about the services;
  • To market, promote, and drive engagement with the services;
  • For customer support;
  • For Safety and Security;
  • To protect our legitimate business interest and legal rights.
  • In general, you can browse the Platform without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. You always have the option to not provide information by choosing not to use a particular service or feature on the Platform. We may automatically log certain information about you and your computer, phone, tablet, or other devices you use to access the Platform and/or Services. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Platform or not), which URL you next go to (whether this URL is on our Platform or not), your computer browser information, and your IP address. Smartbyte may share some of the aggregate findings (not the Personal Information) in anonymized form with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
  • If you transact with us, we collect some additional information, such as a billing address, mode of payment, telephone and email address.
  • If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
  • If you send us any unencrypted information, through emails, text, or other transmission or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information into a file specific to you. Please be aware, however, that any text, email or other transmission you send and which is unencrypted through internet, cannot be completely protected against unauthorized interception. We want to make you aware that your personal email may be unsecure, and Smartbyte cannot be responsible for any unauthorized access to information when information is sent to your personal email.
  • In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Platform.
  • We identify and use your IP address to help diagnose problems with our server, and to administer our Platform. Your IP address is also used to help identify you and to gather broad demographic information.
  • We may occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Platform, providing you with content that we think you might be interested in and to display content according to your preferences.
  • We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; measure consumer interest in products and services provided on the Platform, inform you about personalised offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
  • We may combine all the information that we collect with the data obtained from the third parties or through our products and services. We may also collect and store information on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Cookies

  • We may log information using "cookies". "Cookies" are small files placed on your hard drive that assist us in providing our services. A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We may use both permanent and temporary session cookies to provide you with a more personal and interactive experience on our Platform. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties.

Disclosure

  • We will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when Smartbyte, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
  • We will not rent or sell your Personal Information to others without your consent, although we may share it with partners for the purpose described above under “Use of personal Information”.
  • We also reserve the right to disclose personal data or other information that we believe, in good faith, is appropriate or necessary to (i) protect ourselves from any liability under applicable law, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

Choice/Opt-Out

  • We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
  • If you want to remove your contact information from our Platform, lists and newsletters, please click on the 'unsubscribe' button.
  • You may send requests about any changes to your personal information to our Contact Information below or to _____________. You can request to change contact choices, opt out of our sharing your information with Us or with others, and update your personal information.

Links to Other Sites

  • Our Platform may link you to other websites and platforms that may collect personally identifiable information about you as well as sensitive personal data. Smartbyte is not responsible for the privacy practices or the content of those linked websites and platforms.

Security Precautions

  • All your personal information, provided by you to Us, is maintained by Smartbyte in electronic form on its equipment.
  • You hereby consent to the collection of information and acknowledge that the information is collected for the purpose of providing Services to you. User information provided to Smartbyte may also be converted to physical form from time to time.
  • Smartbyte shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or when you use third party technologies or clink on links that take you to other third party websites or due to such other acts that are beyond our reasonable control including, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, breach of security and encryption, poor quality of internet service or telephone service etc.
  • Our Platform has stringent security measures in place, as per requirements of applicable law, to protect the loss, misuse, and alteration of the information provided by you to us. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession, we adhere to strict security guidelines, protecting it against unauthorized access.
  • However, no method of transmission over the internet or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about the security of our Services, you can contact us at ________________.

Your Consent

  • By using the Platform and/ or by providing your information to us, you consent to the collection and use of the information you disclose on the Platform in accordance with this Privacy Policy and Terms of Use.
  • If we decide to change this Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Grievance Officer

  • In accordance with Information Technology Act 2000 and the relevant rules made there under, any User having grievances regarding a subject-matter pertaining to this privacy policy may furnish such grievance to the Grievance Officer. We shall address the same at the earliest and in accordance with requirements of applicable law. The name and contact details of the Grievance Officer are provided below:

    • Mr./Mrs. [.]
    • Address
    • Phone:
    • Email:
    • Time:

Contact Information.

  • We welcome your comments or questions about this privacy policy. You may also contact us at our address: