Privacy Policy

Smart Byte Media Private Limited ("Smart Byte", "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.

Smart Byte may update this Privacy Policy at any time, with or without advance notice to you. Smart Byte 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 Smart Byte treats User’s personally identifiable information, Smart Byte will display a notice on the Platform. Notwithstanding the above, Smart Byte 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:

• passwords;
• financial information such as bank account or credit card or debit card or other payment instrument details ;
• physical, physiological and mental health condition;
• sexual orientation;
• medical records and history;
• biometric information;
• any detail relating to the above as provided to body corporate for providing service; and
• any of the information received above by a body corporate for processing, whether stored or processed under lawful contract or otherwise:

Personal Data
Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as registration, sending feedback, and responding to surveys.

Financial Data
Financial information, such as data related to your payment method (e.g. bank details, GST details) that we may collect when updating the bank details from the Application.

Facebook Permissions
The Application may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

Google/YouTube
We hereby inform all Users that We use YouTube API Services, and by using those API services, Users agree to be bound by the Terms of Service of YouTube available at Terms of Service (youtube.com). It is important for Users to review and comply with the terms outlined in the YouTube Terms of Service.

Further, Users are bound by Google’s Privacy Policy, and we encourage everyone to familiarize themselves with Google’s privacy practices. To access and review Google’s Privacy Policy, please visit https://policies.google.com/privacy.

Additionally, Users have the option to delete their stored data in accordance with the terms and conditions outlined in OPTIONS REGARDING YOUR INFORMATION. Furthermore, Users can revoke access to their data by visiting the Google security settings page at Security.

Meta
We also inform all Users that We use Facebook and Instagram API Services, and the Users are thereby bound by the policies framed by Meta. Hence, all Users agree to be bound by Meta’s Privacy Policy.

Geo-Location Information
We may request access or permission to and track location-based information from your mobile device, while registering on the platform. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Access
We may request access or permission to certain features from your mobile device, including your mobile device’s [microphone, SMS messages, social media accounts, storage] and other features. If you wish to change our access or permissions, you may do so in your device’s settings

Mobile Device Data
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

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.

In the course of providing Services to You through the Platform, We may collect the following:

• Personal Identifiable Information such as your name, phone number, profile picture, username, password, e-mail address when You register on the Platform.
• Information provided by You on your social media account, which will be linked with the account created by You on Our Platform, information disclosed therein including but not limited to username as provided by You at the time of sign-up, and publicly available data of those social media accounts such as any posts, comments, likes posted on such accounts, any personal information provided in Your private profile of such accounts and other information that may be required or be related to rendering the Services in an efficient and timely manner.
• With Your permission, We may automatically collect some information about Your hardware devices when You access the Platform. For example, when You utilize Our Platform, We may collect Your IP address and the type of mobile device/computer/laptop You use and Your geographic location. Most devices allow You to prevent location data from being sent to Us and We honor Your settings. We may also collect information about Your activity on the Platform, such as information about Your account usage, as well as information about how You interact with the Platform (collectively, “User Data”). We may combine this automatically gathered information with other information, including Personal Information we have collected about You.
• If you permit cookies on Your browser, We may receive, and store certain types of information known as “cookies” when You access the Platform.
• 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.
• Communications between You and Smarkerz.

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. Smart Byte 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 Smart Byte 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 Smart Byte, 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

• protect ourselves from any liability under applicable law,
• protect ourselves or others from fraudulent, abusive, or unlawful uses or activity,
• investigate and defend ourselves against any third-party claims or allegations,
• protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or
• 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.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. To initiate the account deletion process, please contact our support team at [email protected]. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

You may send requests about any changes to your personal information to [email protected]. 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. Smart Byte 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 Smart Byte 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 Smart Byte may also be converted to physical form from time to time.

Smart Byte 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 www.smarkerz.com

OPTIONS REGARDING YOUR INFORMATION

Account Deletion

Users can exercise their right to self-delete personal data by going to the “Account Settings” in the Smart Byte’s Smarkerz app. Within the app's user-friendly interface, individuals can navigate to the settings and choose to manage and delete their data at their discretion.

Alternatively, users have the right to request the deletion of their personal data held by Smart Byte. To initiate a data deletion request, individuals should submit an email request at [email protected]

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:

Smart Byte Media Private Limited
Email Address: [email protected]