Welcome to “thesmooky.com” it is our pleasure to have you here!
We at thesmooky.com (hereinafter refer to as “Smooky” or “website” or “we” or “us or “our””) thank you for the trust you place in us by visiting/using our website, and therefore we endeavor to provide a platform that enable users/visitors to transact securely while maintaining privacy of their information. Please read this section carefully to know about our information gathering and dissemination practices.
Before you proceed, please note that our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.
By visiting this Website, you agree to be bound by the terms and conditions of this Privacy Policy. You expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use. If you do not agree please do not use or access our website
THIS PRIVACY POLICY is an electronic record in the form of an electronic contract formed under the INFORMATION TECHNOLOGY ACT, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000 and does not require any physical, electronic or digital signature.
What is Privacy policy and why it is important?
A privacy policy is required to apprise/disclose some or all of the ways a website gathers, uses, discloses, and manages a customer or user's data/personal information. It fulfils a legal requirement to protect a user/visitor's privacy.
It is required to familiarize you with
- The type of data or information that you share with us
- The type of data or information that we collect from You and the purpose for collection;
- Our information security practices and policies; and
- Our policy on sharing or transferring your data or information with third parties.
Type of Data/Information gathered
The "Information/data provided/collected/gathered from you may be in the nature of Personal Information or Non-Personal information.
- Personal Information
For the purposes of this Privacy Policy shall include, but not be limited to your user name, email, password, address, telephone number, internet protocol address, marital status, date of birth, gender, transaction information (like sale, purchase, returns, add to cart, wish list etc.), financial information such as credit/debit card or any other payment mode (mobile wallets, NEFT, Paypal, etc) details;
Any other information or items of sensitive personal data or information as may be required by us.
Please note that the above information may be received directly from you or indirectly through sources such as social media, any other user referral, or any third-party sources. Where such information is received from third party sources you are authorizing us to collect, store, and use and retain such information and content in accordance with this Privacy Policy
- Non-Personal Information
Apart from personal information we may also collect non-personal Information from you including but not limited to your location, internet protocol, type of browser, your telecom service provider, the operating system of your system, device and the Website You last visited before visiting the Website
Please note that during your visit/stay on our website we may also collect information such duration of your stay along with date and time of your access, pages you visited, products you clicked, products added by you to your wish list etc. Such non-personal Information is collected through various ways through the use of cookies.
What are cookies?
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 place both permanent and temporary cookies in your computer's hard drive. The cookies do not contain any of your personally identifiable information. Please note that you can erase or choose to block these cookies from your computer (If you choose to turned cookies off, you may be prevented from using certain features of the Website).
Your Representation to us
- The Information you provide to us from time to time shall be true, authentic and updated;
- Thesmooky.com and each of its entities, officers, directors, contractors or agents shall not be responsible for the authenticity, accurateness and of the Information that you or any other user provide to us. You shall indemnify and hold harmless us and each of our entities officers, directors, contracts or agents and any third party relying on the Information provided by you in the event you are in breach of this Privacy Policy including this provision and the immediately preceding provision above.
Your Information will primarily be stored in electronic form or if may require certain data can also be stored in physical form.
Why we collect your Information?
We collect your aforesaid information in order to facilitate your use of the Website or other services of the website to provide you with information about products and services available on the Website and to send You information, materials, and offers from us and to respond to your inquiries;
To share with you important information regarding the Website and changes made to it, changes in terms and conditions, user agreements, and policies and/or other administrative information;
To send you marketing communications/offers that we believe may be of interest to you;
To personalize your experience on the Website by presenting advertisements, products and offers customized to your preferences;
To help you fulfil your purchase and related services and to provide value added services;
To conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website) and to improve the services, content and advertising on the Website;
To permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
To implement information security practices and to determine any security breaches, computer contaminant or computer virus;
To investigate, prevent, or take action regarding illegal activities and suspected fraud and any other use as deem fit/required by us for the purpose of usage of your website
SHARING AND DISCLOSURE OF YOUR INFORMATION
You hereby unconditionally agree and permit that we may transfer, share, disclose or part with all or any of Your Information, to various entities (of TheSmooky.com) and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law.
We may share your Personal Information and/or non-personal information without your express or implied consent to facilitate various programs or initiatives launched by us, our affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. These affiliates and third-party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy.
We may use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable you to make payments for buying products or availing services on the website. The processing of payments or authorization is solely in accordance with these third party policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments.
We may also share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information?
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to you or to any third party, or any wrongful gain to us or to any third party.
LINKS TO THIRD PARTY WEBSITES
Links to third-party advertisements, third-party websites or any third-party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Thesmooky.com unless expressly specified on the Website. We are not responsible for any form of transmission, whatsoever, received by you from any third-party website. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third-party websites.
ADS:
We may use third-party service providers to serve ads on the website behalf across the internet and sometimes on the Website. They may collect Non-Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website.
SECURITY & RETENTION
The security of your Personal Information is important to us. We strive to ensure the security of your Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, we adopt appropriate practices and security measures to guard your information from unauthorized access.
We may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, we are not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. We are not liable for any loss or injury caused to you as a result of you providing Your Personal Information to third party (including any third-party websites, even if links to such third-party websites are provided on the Website).
While we will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of Your Personal Information. We shall not be held responsible for any loss, damage or misuse of Your Personal Information,
You agree that all Personal Information shall be retained till such time required for the purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.