Privacy

PRIVACY POLICY

We, IOT MONKS PRIVATE LIMITED (“Company”) a Private Limited Company, incorporated under the provisions of the Companies Act, 2013, and having its registered office at 41/1, SRC SUNRISE, VIVEKANDHA NAGAR, SINGANALLUR PO, COIMBATORE – 641005 represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns. The creator of this privacy policy ensures our steady commitment to Your privacy with regard to the protection of your invaluable information. This privacy policy contains information about an online website called www.mysmitch.com and the Application Air. In order to provide you with our uninterrupted use of services, we may collect and, in some circumstances, disclose information about you. To ensure better protection of your privacy, we provide this notice explaining our information collection and disclosure policies, and the choices you make about the way your information is collected and used. ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY U SE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

DEFINITIONS

We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy. “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website/Application. “Website”, shall mean and refer to www.mysmitch.com and “App” shall mean and refer to smitch, created by IOT MONKS PRIVATE LIMITED. “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. “Third Parties” refer to any Website/Application, website, company or individual apart from the User and the creator of the Website/Application.

 

What data we collect and how we use it 

Data we collect from you

We ask you to share personal information that is necessary for us to provide our services to you. We only collect information that is necessary for specific, concrete and legitimate purposes. We are committed to ensuring that the information furnished by you is not processed in a manner that is incompatible with those purposes. You may choose whether or not to provide the information we request, but it is most likely that if you choose not to provide your personal information, we may not be able to provide you with our services 

Depending on the service you choose, we may collect the following types of information:

Data you provide to us
When creating your account with us, you may provide your name, mobile phone number, email address, security-related information and other information; if you enter our promotional activities, you may provide your nickname, email address, photos, videos or other needed information; if/when engaging with us, our content and/or our contests, you may provide name, mobile phone number and address.

Data that we collect to provide services

Device or SIM information: This includes Android version and its location area, screen display information, device manufacturer details and model name, network operator, connection type, basic hardware information, sales channel and usage information (such as storage, screen resolution and model)

 Data related to your app usage: This may include application list, application ID information, SDK version, system update settings, application settings (region, language, time zone, font) and the time the application enters and exit

Location data (only for specific services/functionalities): The primary objective to obtain the location permission is to scan nearby WIFI based Smitch Devices. For successful WIFI scan, it is mandatory to provide location Permission. Android frameworks introduced restrictions regarding permission and the allowed frequency of Wi-Fi scans to improve network performance, security and battery life.

Log data: This may include information related to your use of certain features, apps, and websites. For example, cookies and other identifier technologies, IP addresses, network request information, temporary log history, standard system logs, crash information, log information generated by using the services (such as registration time, access time, activity time, etc.).

Other data: This may include device ID, connected Wi-Fi ID, and location information.

Data from third-party sources: We may collect data about you from third-party sources within the purview of the law. For example,

We may validate the data provided by you (such as phone number) through legitimate third-party sources for security and to prevent fraud. This is done with your permission for certain services that might include account and financial transactions 

We may also obtain certain data such as account IDs, nicknames, avatar, and email address from third-party social network services (for example, when you use a social network account to sign in to a Smitch service) 

Non-personally identifiable data: We may also collect other types of data which is not directly or indirectly linked to an individual and which may not be defined as personal information according to applicable local laws. Such data is called non-personally identifiable information. We may collect, use, transfer, and disclose non-personally identifiable information. Here are some examples of information that we collect and how we may use it in a non-personally identifiable format:

We may include statistical data which is generated when you use a specific service (e.g. non-identifiable device-related information, daily usage events, page access events, page access time events and session events);

We may include network monitoring data (for example, request time, number of request or error request etc.)

Application crash events (e.g. the logging automatically generated after the application crashed etc.).

The objective of collecting this data is strictly to improve the services we provide to you. It is also focussed on providing you with more useful information, and offering an understanding of which parts of our websites, products and services you are most interested in. 

We are dedicated to isolating your personal data from non-personally identifiable information and ensuring that the two types of data are used separately. In an event if we combine non-personally identifiable information with personal information, this combined information will be treated as personal information for the duration that it remains combined.

How we use the personal data we collect

The objective behind collecting personal data is to provide you with valuable products and/or services and to ensure that we comply with applicable laws, regulations and other regulatory requirements.

This involves:

Providing, sustaining, improving and innovating our products and/or services for you. This may include delivery, activation, verification, after-sales, customer support.

Devising and executing security measures to prevent losses and fraud. This may include identifying users and verifying user identity. We use your information for anti-fraud purposes only when the following two conditions are met: it is necessary; and the data used for evaluation is in accordance with the legitimate interests of the company to protect users and services.

Handling queries or requests about devices and services. This may include answering customer inquiries, sending system and application notifications, managing your activities (e.g. sweepstakes).

Internal purposes. This may include data analysis, research, and development of statistical data pertaining to the use of our products or services to improve them. 

Optimizing the performance of your device. This may include analyzing the memory usage or the CPU utilization of your app.

Storing and maintaining information related to you for our operations. This may include business statistics or fulfilling our legal obligations.
• Processing based on the interests of Smitch. Interests may include enabling us to manage and operate our business and provide our products and services more efficiently; protecting the security of our businesses, systems, products, services, and customers (including loss prevention and anti-fraud); internal management; complying with internal policies and processes; and other legitimate interests described in this policy. For example, to ensure the security of our services, and to help us further understand the state of performance of our applications, we may record relevant information, such as the frequency of your usage, crash logs information, overall usage, performance data and source of application

Other purposes with your consent.

A more detailed look at how we use your data:

Activating and registering your purchased Smitch products or services 

Creating and maintaining your Smitch Account. Personal information collected when you create a Smitch Account on our websites or through our mobile devices, is used to create the personal Smitch Account and profile page for you.

Participating in the Smitch Community. Personal information related to the Smitch Community or other Smitch Internet platforms may be used for profile page display, interaction with other users, and participating in the Smitch Community.

Location-based services. This may include location information, which may be used by us to scan nearby Smitch Bluetooth/BLE devices and provide you provide you Bluetooth network stack services, which allows you to exchange data wirelessly and find out the range. It is also used for stable connection between paired devices.

• Improving your experience through data, hardware, and software analysis. This may include some opt-in features, such as a user experience program, which allow Smitch to analyze data about how users use the products and services provided by Smitch. This helps us improve the user experience. Smitch shall also conduct hardware and software analysis to further improve user experience.

Push notifications. Smitch Account ID , FCM token will be used to provide the Smitch push messages and in-app messaging for software updates or new product announcements, including information about sales and promotions. We collect application relevant information (app version ID, app package name), and device relevant information (model, brand).  We may use your personal information to send you push notifications (whether by messaging within our services, by email or by in-app messaging) that offer or advertise our products. This is only done with your consent, where required under applicable laws.  

User feedback. The feedback provided by you helps us improve our services. To follow up on the feedback you choose to provide, Smitch may get in touch with you using the personal information that you have provided and keep records of this interaction to resolve issues and improve service.

Promotional activities. If you enter a sweepstake, contest, or similar promotion through Smitch’s social media platforms, we may use the personal information you provide to send you these rewards.

Providing personalized services and content. In order to protect your privacy, we use a unique identifier rather than your name, email, or other information by which you can be directly identified, to provide you with personalized products, services and activities.

We may combine this information with other information (including information across different services or devices such as computers, mobile phones, smart TVs, and other connected devices) to provide and improve our products, services, content.

For example, we may use your Smitch Account details in all services you use that require a Smitch Account. Furthermore, in order to improve your experience and our services, while complying with relevant laws and regulations and (where required) with your consent, we may sort out information from different products, services or equipment from you or related to you to form a label, to provide suggestions, customized content, and personalized features.

EXTERNAL LINKS ON THE WEBSITE/APPLICATION
The Website/Application may include advertisements hyperlinks to other websites, Websites/Applications, content or resources. We have no control over such external links present in the Website/Application, which are provided by persons or companies other than us. You acknowledge and agree that We are not responsible for any collection or disclosure of your Personal Information by any external sites, Websites/Application, companies or persons, nor do We endorse any advertising, products or other material on or available from such external Websites/Application, websites or resources. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your personal information by external Websites/Applications, sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such Websites, websites or resources. This external Website/Application, websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that you enter the external Website/Application or website and review their privacy policy. We allow third parties/individuals to display advertisements when you use the Website/Application.

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

Due to the existing regulatory environment, We cannot ensure that all of your Personal Information shall never be disclosed in ways other than those described in this Privacy Policy. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. External Service Providers: There may be a number of services offered by external service providers that help you use our Website/Application. If You choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/ or grant them permission to collect information about You, then their use of Your information is governed by their privacy policy. Other Corporate Entities: We share much of our data, including Your Personal Information, with our parent and/ or subsidiaries that are committed to serving Your needs through use of Our Website/Application and related services, throughout the world. Such data shall be shared for the sole purpose of enhancing Your experience of using the Website/Application. To the extent that these entities have access to your information, they shall treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You shall receive notice of such event (to the extent it occurs).


Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorize Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability. Any information that you make publically available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties.

 

COOKIES
We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users. Third party vendors including www.google.com (“Google”) may use cookies to serve ads based on your visits to this Website. You may visit the website of the third party and choose to opt out of the use of cookies for interest-based advertising, if the third party offers such an option. You may choose to opt-out of the Double Click cookie that Google and its partners use for interest-based advertising by visiting Ads Settings. (Alternatively, you can direct users to opt out of a third-party vendor’s use of cookies for interest-based advertising by visiting aboutads.info.) The website also has enabled the Google Analytics Advertising, which allows Google to collect data about users on our website, in addition to Google advertising cookies and anonymous identifiers.

CONFIDENTIALITY
Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Website/Application.

We shall not sell, share, or rent your personal information to any marketing agencies or any other such companies that indulge in unsolicited communications. Any communication by Us to You shall be undertaken in accordance with Our Terms of Service and Privacy Policy.

ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, You can review and change the information You submitted at the stage of registration, except Your display name/ user name. An option for facilitating such change shall be present on the home screen of the Website/Application and such change can be facilitated by emailing us at sales@mysmitch.com. If you change any information, We may keep track of Your old information. If you believe that any information that we are holding on you is incorrect or incomplete or to remove your profile so that others cannot view it, please write to or email us as soon as possible, at sales@mysmitch.com. We shall promptly correct any information found to be incorrect.
We shall retain in our files, information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored ‘back up’ systems. Therefore, you should not expect that all of your personally identifiable information shall be completely removed from our databases in response to your requests.

SECURITY
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside IOT MONKS PRIVATE LIMITED. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of Our standard security procedures are at Your sole risk and discretion.

INDEMNITY
You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website/Application or otherwise and Your use and access of websites, Websites/Application and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which You may have disclosed to such Third Parties.

SEVERABILITY
Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.

AMENDMENT
Our Privacy Policy may change from time to time. We shall post any privacy policy changes on the homepage of the Website/Application and notify you by email.

You can contact us via https://chatsupport.mysmitch.com/