Privacy Policy

This policy (“Privacy Policy”) applies to Smartping Al and all its subsidiaries and/or branch offices in India. It provides the practices and policies applicable to Smartping Al (including its employees, interns, contractors, consultants, clients, customers or any other party directly or indirectly engaged for business or otherwise) for handling or dealing in Personal Information, including Sensitive Personal Data or Information (as defined below) that is lawfully collected by Smartping Al, with this referred to as Smartping Al. We collect personal data of our employees, potential employees, clients, suppliers, business contacts, shareholders and website users or any other individual or entities wherever required for business purposes or otherwise.

Smartping Al attaches great importance to your right to privacy and the protection of your data. We want you to feel secure that when you deal with Smart-ping Al, your personal data are in good hands.
Smarting Al protects your personal data following applicable laws and our data privacy policies. In addition, Smarting Al maintains the appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and/or against accidental loss, alteration, discio-sure or access, or accidental or unlawful destruction of or damage thereto.

General Definitions
  • Reference to you or your in this Privacy Policy refers to any natural person (including the employees of Smarting Al) who provides to Sma mation referred to in Appendix 1 of this document.
  • Act shall mean the Information Technology Act, 2000 and Rules thereunder as amended from time to time.
  • Information shall mean and include Personal Information and Sensitive Personal Data and Information as may be collected by Smartping AI.
  • Personal Information (PI) shall have the same meaning as under Rule 2 (i) of the Information Technology (Reasonable security practices a sensitive personal data or information) Rules, 2011 as amended from time to time. For ease of reference Rule 2 () of the Information Tech security practices and procedures and sensitive personal data or information) Rules. 2011 is re-produced under Appendix 1.
  • Rules shall mean the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) F amended from time to time.
  • Registered User shall mean such user whose registration is accepted by Smarting Al.
  • Sensitive Personal Data and Information (SPDI) shall mean and include information under Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended from time to time. For ease of reference Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 is re-produced under Schedule 1.

All words and expressions used and not defined in this document but defined in the Act or the Rules shall have the meanings respectively assigned to them in the Act or the Rules.

Smartping Al is fully committed to respecting your privacy and shall ensure that your Information is safe. This privacy policy sets out the practices adopted in respect of Information, including the types of Information that is collected, how the information is collected, how the Information is used, how long the Information is retained and with whom it is shared (Privacy Policy). This Privacy Policy is published in compliance with the provisions of the Act and the Rules made thereunder that require publishing the privacy policy on the Smarting Al website.

Collection of Information:

You may use the Smarting Al website to access information, learn about its products and services, read publications and check career opportunities etc. without providing any PI/SPDI. Smartping Al may collect and process PI/ SPDI provided by you in the following forms:

  1. Should you opt to access such services of Smarting Al, which are available only to Registered Users, information is required to be provided by you at regis-
    tration (refer to Appendix 1).
  2. Information that you provide directly to Smarting Al via email or electronic communication.
  3. Information that you provide to Smarting Al over the telephone. Smarting Al may make and keep a record of such information shared by you.
  4. Information that you provide to Smarting Al in physical form whether sent through post or courier or handed over to a Smarting Al representative in person.
  5. PI/SPDI collected by Smarting Al from its employees (refer Appendix 2), suppliers, clients, prospects or onsite consultants or by lead generation for employ-ment, availing/providing services etc.

You will at all times have the option of not providing Smarting Al with the PI/SPDI that Smarting Al seeks to collect. Even after you have provided Smarting Al with any PI/SPDI, you will have the option to access, modify, rectify or Withdraw the consent given earlier by contacting Smartping Al at hello@smartping.ai or contact us at www.smartping.ai. In such cases, Smarting Al will have the right to not provide or discontinue the provision of any service that is linked with
such PI/SPDI.

Use of Information Collected:

Any information, if collected will be used in connection with the relevant purpose as communicated by Smartping Al to you via verbal or written method of any sort. The provider of information availing any Services from Smarting Al shall be deemed to have consented to Smarting Al for the use of such information as under this policy. Employees, suppliers, clients, prospects or consultants of Smartping Al shall be duly advised about the purpose for which any Information is being collected at the time of such collection. We will not use your personal data for purposes that are incompatible with the purposes of which you have been informed unless it is required or authorized by law, or it is in your own vital interest (e.g. in case of a medical emergency) to do so.

Sharing of Information:

Where PI/SPDI is required to be shared, arising out of any contractual obligation, Smarting Al shall part with such PI/SPDI only following your consent for the same. To the extent necessary to provide you with the requested Services or to the extent required under applicable law, we may transfer personal data with individuals or following third parties in connection with a (potential) corporate or commercial transaction. Before we do so, we shall take the necessary steps to ensure that your personal data will be given adequate protection as required by relevant data privacy laws and Smarting Al internal policies. Smarting Al may also transfer your personal data to any of its global affiliates/partners in furtherance of any visits to our Smarting Al locations:

  1. Employees or Consultants (including auditors, and authorize vendors) on a ‘need to know basis under a Non-Disclosure Agreement.
  2. Governmental authorities, in such manner as permitted or required by applicable law; and
  3. Legal proceedings: In the event, Smartping Al is required to respond to subpoenas, court orders or other legal processes, your PI/SPDI may be disclosed according to such subpoena, court order or legal process, which may be without notice to you.
Security of Information:

Smartping Al strives to ensure the security, integrity and privacy of your PI/SPDI and the adequacy of protection of your Information against unauthorized access, alteration, disclosure or destruction. Stringent security measures (physical, electronic and managerial) are in place to protect against the loss, misuse, and alteration of the PI/SPDI under our control. Smarting Al servers are accessible only to authorized personnel and your Information is shared with employees and authorized personnel strictly on a ‘need to know’ basis. Smarting Al periodically assesses, audits and updates its information security protocols and policies to achieve the highest standards on a continuous and ongoing basis. You may review the Information you have provided to Smarting Al at any time. On your request, Smarting Al will ensure that any PI/SPDI notified to be inaccurate or deficient shall be corrected or amended. However, Smarting Al shall not be responsible for the authenticity of the Pl/ SPDI.

Notwithstanding anything contained in this Privacy Policy or elsewheld, Smarting Al shall not be held responsible for any loss, damage or misuse of your PI/SPDI, if such loss, damage or misuse is attributable to a Force Majeure Event.

Employees/Relevant Individuals Obligations Consequences of Violations:

Every Smarting Al Employee/Relevant Individual, who deals with or comes into contact with Personal Data regardless of its origin, shall have a responsibility to comply with the applicable law concerning data privacy and specific privacy practices. The Employee/Relevant Individual should seek advice in the event of any ambiguity while dealing with Personal Data or in understanding this Policy. The Employee/Relevant Individual shall be diligent and extend caution while dealing with the personal data of others, in the course of the performance of his/her duties and shall also, at all times:

  1. Prevent any unauthorized person from having access to any computer systems processing Personal Data, and especially:
  2. unauthorized reading, copying, alteration, deletion or removal of data
  3. un-authorized data input, disclosure, uploading. transmission/transfer of Personal Data
  4. Abide by Smarting Al’s internal logical and physical security policies and procedures.
  5. Ensure that authorized users of a data-processing system can access only the Personal Data to which their access right refers.
  6. Keep a record of which personal data have been communicated, when and to whom.
  7. Not provide any Personal Data to any third party without first consulting with his/her Manager or the Human Resources Department.
  8. Ensure that Personal Data processed on behalf of a third party (client) can be processed only in the manner prescribed by such third party.
  9. Ensure that, during communication of Personal Data and transfer of storage media, the data cannot be read, copied or erased without authorization.
  10. Immediately, on becoming aware report and notify any vulnerabilities and privacy-related breach/security breaches (including potential risks).
  11. Attend training on security and data privacy

Failure to comply with the Policy and applicable laws may have serious consequences and can expose both Smarting and the Employee/Relevant Individual to damages, criminal fines and penalties. It is important to note that any non-compliance with this Policy is token very seriously by Smarting Al and may lead to the initiation of appropriate disciplinary actions including but not limited to Employee dismissal or Relevant Individual termination.

Retention and Revocation of Information:

It is Smartping Al’s policy to retain certain Personal Data of the relevant individuals when they cease to be employed/ engaged by Smartping Al. This Personal Data may be required for Smarting Al’s legal and business purposes, including any residual activities relating to the employment/engagement, iftluding for example, provision of references, processing of applications for re-employment/re-engagement, matters relating to retirement benefits (if applicable) and allowing Smarting Al to fulfil any of its contractual or statutory obligations.

We will retain your personal data only for as long as is necessary. We maintain specific records management and retention policies and procedures so that personal data is deleted after a reasonable time according to the following retention criteria:

  • We retain your data as long as we have an ongoing relationship with you (in particular, if you have an account with us)
  • We will only keep the data while your account is active or for as long as needed to provide services to you
  • We retain your data for as long as needed to comply with our global legal and contractual obligations

Once Smarting Al no longer requires Personal Data, it is destroyed appropriately and securely or anonymized per the law. Services transactional data is retained for three years.

Inquiries/Notification of Changes for Employees

You are entitled (in the circumstances and under the conditions, and subject to the exceptions, set out in applicable law) to:

  • Request access to the personal data we process about you: this right entitles you to know whether we hold personal data about you and, if we do, to obtain information on and a copy of that personal data
  • Request a rectification of your personal data: this right entities you to have your personal data corrected if it is inaccurate or incomplete
  • Object to the processing of your personal data: this right entitles you to request that Smarting Al no longer processes your personal data
  • Request the erasure of your personal data: this right entitles you to request the erasure of your personal data, including where such personal data would no longer be necessary to achieve the purposes
  • Request the restriction of the processing of your personal data: this right entitles you to request that Smarting Al only processes your personal data in limited circumstances, including with your consent
  • Request portability of your personal data: this right entitles you to receive a copy (in a structured, commonly used and machine-readable format) of personal data that you have provided to Smarting Al, or request Smarting Al to transmit such personal data to another data controller

You may contact Smartping AI at hello@smartping.ai

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

COPYRIGHT INFRINGEMENTS:
  • We respect the intellectual property rights of others. If you believe that any material available on or
  • through the Site infringes upon any copyright you own or control, please immediately notify us using
  • the contact information provided below (a “Notification”). A copy of your Notification will be sent to
  • the person who posted or stored the material addressed in the Notification. Please be advised that
  • according to applicable law, you may be held liable for damages if you make material
  • misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by
  • the Site infringes your copyright, you should consider first contacting an attorney.
PROHIBITED ACTIVITIES:
  • You may not access or use the Site for any purpose other than that for which we make the Site
  • available. The Site may not be used in connection with any commercial endeavours except those that
  • are specifically endorsed or approved by us.

**WhatsApp business policy and terms and conditions of the services may be changed as per WhatsApp or Meta Norms/Policy or International laws from time to time. Smartping is under no obligation to inform and/or bring to your notice/knowledge of the same if these changes happen.

Appendix 1

You are entitled (in the circumstances and under the conditions, and subject to the exceptions, set out in applicable law) to:

  • Rule 2 (i)
    Personal information” means 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.
  • Rule 3
    Sensitive personal data or information of a person means such personal information which consists of information relating to:-
  • password;
  • financial information such as Bank account or credit card or debit card or other payment instrument details ;
  • physical, physiological and mental health conditions;
  • sexual orientation;
  • medical records and history;
  • Biometric information;
  • any detail relating to the above clauses as provided to the body corporate for providing service; and
  • any of the information received under the above clauses by the body corporate for processing, stored or processed under lawful contract or otherwise:
    provided that, any information that is freely available or accessible in the 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 these rules.
  • Information collected from Registered Users:
  • Sensitive personal data or information of a person means such personal information which consists of information relating to:-
  • Name
  • Date of Birth
  • Address
  • Email ID
  • Gender
  • Phone number
  • Transaction details like mobile number, email, and message text.
Appendix 2

Information stored for employment/potential employment:

Last Name Middle NameFirst NameDOBPlace of BirthPresent residential addressPermanent residential address marital status person to notify in case of emergencyPersonal Contact DetailsEmail IDDate of joining SmartpingFathers/ Husbands namePan Card number passport number last NamePassport – Date of issue passport – Place of issue passport – Date of expiry

Reference 1:Reporting ManagerReference 2: HRDetails of visits abroadPrevious Employer NameTotal Year(s) of experience blood groupSpouse NameDOB Of SpouseName of 1st Child DOBName of 2nd Child DOBMention your HobbiesGenderDriving LicenseNationalityAll Education attained till dateAll Professional Qualifications

Appendix 3

Information stored for employment/potential employment:

Last Name Middle NameFirst NameDOBPlace of BirthPresent residential addressPermanent residential address marital status person to notify in case of emergencyPersonal Contact DetailsEmail IDDate of joining SmartpingFathers/ Husbands namePan Card number passport number last NamePassport – Date of issue passport – Place of issue passport – Date of expiry

Reference 1:Reporting ManagerReference 2: HRDetails of visits abroadPrevious Employer NameTotal Year(s) of experience blood groupSpouse NameDOB Of SpouseName of 1st Child DOBName of 2nd Child DOBMention your HobbiesGenderDriving LicenseNationalityAll Education attained till dateAll Professional Qualifications

Employment History Company Name Address Line Managers Name DesignationLast Position / Designation HeldDates of EmploymentSummary of Responsibilities: Reason for Leaving: Last Remuneration Package in LocalStatus

Employment Particulars Have you ever been a temporary, contractual, volunteer or outsourced employee? Have you ever been deputed to work at a company while being in the roles of a different company?

Personal Particulars Have you ever been refused entry to a foreign country? Have you ever been arrested or convicted in a court of law? Have you ever been declared bankrupt? Have you ever been suspended or dismissed by an employer? Do you have any relatives currently employed at the Firm? Have you ever been disqualified from acting as a Director?

References Full NameDesignation / Job Title Company NameContact NumberNature of RelationshipYears knownResumeSigned Employee intellectual agreement signed Compliance Forms DOB proof Bank Details Signed Employment Documents