PRIVACY POLICY

This privacy policy (“Policy”) is an electronic record formed under the Information Technology Act, 2000, the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. The Policy does not require any physical, electronic or digital signature.

The Policy is a legally binding document between You and SmartCooky (both terms defined below). The terms of the Policy will govern the relationship between You and SmartCooky for Your use of the Website (defined below). ThePolicy is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable security practices and procedures and sensitive personal data of information) Rules, 2011 framed under the Information Technology Act, 2000; that require publishing of the Policy for collection, use, storage and transfer of sensitive personal data or information.

PLEASE READ THE POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THE POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THE POLICY, PLEASE DO NOT USE THIS WEBSITE.

The Policy may be amended / updated from time to time. We suggest that You regularly check the Policy to apprise Yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to the Policy.

SmartCooky Internet Limited ("SmartCooky") is concerned about the privacy of its users (hereinafter referred to as "You" "Your" "Yourself") (including sellers and buyers/customers whether registered or non- registered) accessing offering, selling or purchasing products or services on its website, mobile sites or mobile applications located at www.smartcooky.com ("Website") and has provided this Policy to familiarise You with the manner in which SmartCooky collects, uses and discloses Your information collected through the Website. The terms "We" / "Us" / "Our" refer to SmartCooky. This Policy shall be read together with the respective Terms of Use or other terms and condition of the respective Website.

At SmartCooky, We value the trust placed in Us by users, customers, suppliers who share their personal datawith Us and aim to use such data carefully and sensibly. We aim to be as clear as possible about what We do with personal data and why We do it.

1.Collection of Personal Information

The Policy explains how SmartCooky collects, uses, discloses and protectspersonal information, through the Website. Personal information is data that can be used to uniquely identify a natural person ("Personal Information"). Personal Information for the purposes of the Policy shall include, but not be limited to, information regarding Your name, address, telephone number, date of birth, gender, e-mail address or other contact information, information regarding Your transactions on the Website,any other information that You provide during Your registration process, if any, on the Website etc, 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 Personal Information.

Such Personal Information may be collected in various ways by SmartCooky during the course of purchasing or selling products on the Website or using services of SmartCookyin relation to such purchase or sale, such as, information provided while creating a User ID, providing information in Your account while registering on the Website as a user or seller, or providing financial information while making an online purchase, participating in any online survey or contest, communicating with SmartCooky's customer service by phone, email or otherwise, providing reviews for the products available on the Website for sale, recording Your requests for any product,or otherwiseusing the Website or otherwise dealing with SmartCooky.

We may receive Personal Information about You from third parties, such as social media services/ companies, commercially available sources and business partners. If You access the Website through a social media service or connect a service on Website to a social media service, the Personal Information We collect may include Your user name associated with that social media service, any Personal Information or content the social media service has the right to share with Us, such as Your profile picture, email address or friends list, and any Personal Information You have made public in connection with that social media service. When You access the Website or otherwise deal with SmartCooky through social media services or when You connect any Website to social media services, you are authorizing SmartCooky to collect, store, and use and retain such Personal Information and content in accordance with the Policy.

SmartCooky and its officers, directors, contractors or agents shall not be responsible for the authenticity of the Personal Information that You or any other user provide to SmartCooky. You shall indemnify and hold harmless SmartCooky and its officers, directors, contracts or agents and any third party relying on the Personal Information provided by You in the event You are in breach of the Policy.

2. Storage, Usage and Sharing of Personal Information

Your Personal Information will primarily be stored in electronic form. However certain data can also be stored in physical form. You hereby unconditionally agree and permit that SmartCooky may transfer, share, disclose or part with all or any of Your Personal Information, within and outside of the Republic of India to various SmartCooky group entities and to third party service providers / partners / banks and financial institutions for one or more of the purposes listed in this the Policy or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Personal Information to ensure the same level of data protection that is adhered to by SmartCooky under applicable law.

SmartCooky collects only such Personal Information that SmartCooky believes to be relevant and is required to understand You or Your interests. SmartCooky collects Your Personal Information in order to record, support and facilitate Your participation in the activities You select, track Your preferences, to provide You with a customized Website experience, to notify You of any updated information and new activities and other related functions offered by SmartCooky, keep You informed about latest content available on the Website, special offers, and other products and services of SmartCooky, to assist You with customer service or technical support issues, to follow up with You after Your visit, to otherwise support Your relationship with SmartCooky or to prevent fraud and unlawful use.

SmartCooky DOES NOT trade or sell Your Personal Information in any manner, except as specified herein, or unless express consent is sought from You.

Personal Information provided by You is used only:

(i) to facilitate Your use of the Website;

(ii) to respond to Your inquiries or fulfil Your requests for information about the various services;

(iii) to provide You with information about SmartCooky's products/services and to send You information, materials, and offers from SmartCooky;

(iv) to send You important information regarding the Website, changes to SmartCooky's terms, conditions, and policies and/or other administrative information;

(v) to send You surveys and marketing communications that SmartCooky believes may be of interest to You;

(vi) to personalize Your experience on the Website and SmartCooky's other websites by presenting advertising, products and offers tailored to You;

(vii) to help You address Your problems with the Website including addressing any technical problems;

(viii) if You purchase any content or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;

(ix) for proper administering of the Website;

(x) to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);

(xi) to improve the services, content and advertising on the Website;

(xii) to protect the integrity of the Website; and

(xii) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.

You acknowledge that apart from Your Personal Information, if You upload any content on the Website, such content may contain information including Personal Information and the same may be available to the other users of the Website. SmartCooky will not be liable for the disclosure and dissemination of such Personal Information to third parties.

SmartCooky may disclose aggregated information about the use of the Website, but it will never contain Personal Information. SmartCooky does not disclose Personal Information to third parties in the normal course of operations. However, in situations when SmartCooky is legally obligated to disclose information to the government or other third parties, SmartCooky will do so.

SmartCooky implements standard measures to protect against unauthorized access to and unlawful interception of Personal Information. However, no internet site can fully eliminate security risks.

3. Non-Personal Information

In addition to the Personal Information, We may collect certain Non-Personal Information (i.e. information which cannot be used to identify You personally). The Non Personal Information collected on the website may include Your geographic location, details of Your telecom service provider or internet service provider, the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.), the date, time and duration of Your stay on the Website etc. Please note that Personal Information and Non-Personal Information may be treated differently as per the Policy.

Non-Personal Information is collected through various ways. In an effort to make Our Website effective, certain information may be collected each time You visit the Website. Such information may be stored in server logs. These encrypted statistics do not identify You personally, but provide Us the information regarding Your visit to the Website and the type of user who is accessing Our Website and certain browsing activities by You. This data may include: IP address of Your server from where the Website is being accessed, the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.), the operating system of Your system and the Website You last visited before visiting to Our Website. The duration of Your stay on Our Website is also stored in the session along with the date and time of Your access. These data are used by SmartCooky to understand the use and number of user visiting the Website. Some of the information related to the Website and Your visit to the Website may be shared by the sponsors, investors, advertisers, developer, strategic business partners of SmartCooky and some associates in order to enhance and grow Our business and the Website but We assure that these information will never include any of Your Personal Information. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Websites.

When You use the Website, SmartCooky's servers (which may be hosted by a third party service provider) may collect information indirectly and automatically about Your activities on the Website; for instance by way of cookies. A cookie is a small amount of data that is sent to a user's browser from a web server and is eventually stored on a user's computer hard drive. This anonymous information is maintained distinctly and is not linked to the Personal Information You submit to SmartCooky.

Whether You want Your web browser to accept cookies or not is up to You. If You haven't changed Your computer's settings, most likely Your browser already accepts cookies. If You choose to decline cookies, You may not be able to fully experience all features of the Website. You can also delete Your browser cookies or disable them entirely, but this may significantly impact Your experience with the Website and may make parts of the Website non-functional or inaccessible. We recommend that You leave them turned on.

We use third-party service providers to serve ads on Our behalf across the internet and sometimes on the Website. They may collect anonymous information about Your visits to Our Website, and Your interaction with Our products and services. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user.

SmartCooky also uses the log file like other website servers which is the standard measure. They include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use them to analyse trends, administer the site, track a user's movement and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

4.Financial Transactions

You are required to submit Your Personal Information at the time of making an online purchase of products on the Website. SmartCooky uses an online payment gateway that is operated by a third party and the Personal Information that You share with SmartCooky is transferred and shared with such third party payment gateway operator. The said operator may also have access to Your online purchase history/details that You make from the Website.

Extremely sensitive Personal Information like Your credit-card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. You are advised, however, that internet technology is not 100% safe and You should exercise discretion on using the same.

Payment Card Security – We use PayU Payments Private Limited and Avenues (India) Private Limited as our partners and the latest SSL (Secure Sockets Layer) technology to make sure that the details You provide when placing an order are kept private and secure, making shopping on Our Website safe. Our secure server encrypts Your credit or debit card number details along with Your Personal Information and changes them into bits of code that are then securely sent over the internet. Your browser will show when You are in a secure environment by displaying either a locked padlock or an image of a key in the grey bar at the bottom of the page; it may also warn You when You are entering a secured environment as You go to place Your order. Once Your payment information is received by Us, Your payment card is processed through the same systems that handle Our store sales - so they're tried and tested over many years of secure operation.

5.Links to Third Party Websites

The Website provides third-party advertisements and links to other websites. SmartCooky does not provide any Personal Information to these third-party websites or advertisers.

The Website will contain links to other websites ("Linked Site") on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, SmartCooky unless expressly specified on the Website. SmartCookyis not responsible for any form of transmission, whatsoever, received by You from any Linked Site. Accordingly, SmartCooky does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does SmartCooky control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by SmartCookyor the website, the website's provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that You review the privacy policy on any such websites prior to using such websites.

These third-party websites and advertisers may use technology to send the advertisements that appear on the Website directly to Your browser. In such cases, the third party websites or advertisers automatically receive Your IP address. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. SmartCooky does not have access to or control over cookies or other features that such third party websites and advertisers may use, and the information practices of these third-party websites and advertisers are not covered by the Policy. Please contact them directly for more information about their privacy practices.

6.Security

At SmartCooky, information security is very important and We have taken many steps to make sure Your experience with Us is secure. Information about You will be kept safe and secure. In order to prevent unauthorized access or disclosure of Your Personal Information, We have put in place suitable physical, electronic and managerial procedures to protect and secure information that is collected online. Keeping Your information secure - to help Us keep Your information confidential You should:

Keep Your password secret.

Never distribute the website addresses for pages that You have looked at while logged in as a registered customer.

Password – You should choose a password that is not obvious or known to anyone else. You should never give a third party Your password, as You will be responsible for all activity and charges incurred through use of Your password whether authorized by You or not.

If You forget Your password, You can request a new password, which will be emailed to the address We hold for You. You can change Your password anytime through the account facilities on the Website. Should We think that there is likely to be, or has been any breach of security, We may change Your password and notify You of the change by email.

Security in Our offices – access to Your information is restricted in Our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The servers that store this information are kept in a secure environment.

SmartCooky is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Website also linked to other sites and We are not/shall be not responsible for their privacy policies or practices as it is beyond Our control.

Notwithstanding anything contained in the Policy or elsewhere, SmartCooky shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A "Force Majeure Event" shall mean any event that is beyond the reasonable control of SmartCooky and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.

7.Disclosure

SmartCooky will use Your information only in accordance with the Policy under which the information was collected unless We have received explicit authorization.

SmartCooky may disclose any information SmartCooky may have about You (including Your identity) if SmartCooky determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SmartCooky's rights or property, or the rights or property of users of the Website, including SmartCooky's customers. SmartCooky reserves the right at all times to disclose any information that SmartCooky deems necessary to comply with any applicable law, regulation, legal process or governmental request. SmartCooky also may disclose Your information when SmartCooky determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SmartCooky may preserve any communication by You with SmartCookythrough the Website or any Service, and may also disclose such data if required to do so by law or if SmartCooky determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Policy; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of SmartCooky, its employees, users of, or visitors to, the Website, and the public.

8.User Discretion

You can always choose not to provide information and in such cases, if the information required is classified as mandatory, You will not be able to avail of that part of the Services, features or content.

You can add or update Your Personal Information on a regular basis. When You update information, SmartCookywill keep a copy of the prior version for its records.

SmartCooky may, if You so choose, send direct advertisement mailers to You at the address given by You. You have the option to opt-out of this direct mailer by clicking at the unsubscribed link option attached to e-mail. SmartCooky respects Your privacy and if You do not want to receive e-mail or other communications from SmartCooky, please report to SmartCooky at unsubscribe@smartcook.com.

If You do not want SmartCooky to use Personal Information that SmartCooky has obtained from You, please report to SmartCooky at feedback@smartcooky.com.

The 'Help' portion of the toolbar on most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Further, You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Website of its manufacturer. However, as cookies allow You to take advantage of some of the Website's features, some of the Website's features and services may not function properly if Your cookies are disabled. It is therefore, recommended that You leave the cookies turned on. For instance, if You block or otherwise reject SmartCooky's cookies, You will not be able to add items to Your shopping cart, proceed to checkout, or download any of SmartCooky's Content or avail of SmartCooky's services that require You to log in.

Except as otherwise expressly stated with respect to Our products and services, all contents of the Website are offered on an "as is" basis without any warranty whatsoever either express or implied. SmartCooky makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.

SmartCooky does not guarantee the functions contained in the Website will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if SmartCooky is aware of them.

9. Copyright and Trademark

Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/ or other intellectual properties owned by SmartCooky or by other parties that have licensed their material to SmartCooky.

All rights not expressly granted are reserved.

10. General Provisions

By accessing the Website, You have agreed to the terms set out in the Policy. The Policy should be at all times read along with the Terms of Use of the Website.

Unless stated otherwise, the Policy applies to all information that SmartCooky has about You and Your account.

By using the Website and the products, content and services provided on the Website, You agree and acknowledge that Your Personal Information collected through the Website may be transferred across national boundaries and stored and processed in any country around the world. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of Your information may be undertaken by trusted third party vendors or agents of SmartCooky such as credit card processors, web hosting providers, communication services, and web analytic providers, to help facilitate SmartCooky in providing certain functions.

SmartCooky may make changes to the Policy, from time to time at SmartCooky's sole discretion or on account of changes in law. SmartCooky will not reduce Your rights under the Policy without Your explicit consent. SmartCooky may e-mail periodic reminders of the notices and conditions, unless You have instructed SmartCooky not to, but You should check the Website frequently to see recent changes. Notwithstanding the above, SmartCooky shall not be required to notify You of any changes made to the Policy. The revised Policy shall be made available on the Website. Your continued use of the Website, following changes to the Policy, will constitute Your acceptance of those changes.

If You choose to visit the Website, Your visit and any dispute over privacy is subject to the Policy and the Website's Terms of Use. In addition to the foregoing, any disputes arising under the Policy shall be governed by the laws of India.

SmartCooky may sell, transfer or otherwise share some or all of its assets, including Your information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, SmartCooky will reasonably ensure that the information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with the Policy. Any third party to which SmartCooky transfers or sells as aforesaid will have the right to continue to use the information that You provide to Us or has been collected by Us immediately prior to such transfer or sale.

11.Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under. The contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of SmartCooky’s Terms of Use, Term of Offer For Sale and other polices or questions are published as under:

Grievance Officer
SmartCooky Internet Limited
207, Okhla Industrial Estate
Phase 3
New Delhi - 110020
Email address: grievance@smartcooky.com

[10:00 AM to 6:30 PM from Monday to Friday except Public Holidays]