If you do not agree with any provision of this Privacy Policy, Please do not use Smartway Study App at all.

Your privacy is important to us. In this privacy policy (the “Privacy Policy”), we explain in detail how we collect, use and disclose your personal data, and what choices you have with respect to your personal data. Please read this Privacy Policy carefully. If, after reading it, you still have any questions, please contact us so that we could address your concerns.

1. GENERAL INFORMATION
Applicability of the Privacy Policy : This Privacy Policy governs the processing of personal data collected from individual users and entities (the “user”, “you” and “your”) through the software-as-a-service platform Smartway Study App available at https://www.smartwaystud.in, the related mobile applications, products and services (collectively, “Smartway Study App”). This Privacy Policy does not apply to any third-party applications or software that integrate with Smartway Study App or any other third-party products, services or businesses.

About Smartway Study App : Smartway Study App School ERP and learning management system that assists schools and other educational institutions (the “Organizations”) in administering their records and arranging learning activities. Smartway Study App is fully owned and operated by Avyakt Cybershark Pvt Ltd. (referred to as “we”, “us” or “our” in this privacy policy).

Definitions : In this Privacy Policy, you will encounter recurrent terms. For your convenience, we would like to explain what such terms mean:
“Consent” means a freely given, specific, informed and unambiguous agreement to the processing of personal data;
“Data controller” means the entity that determines the purposes and means of the processing of personal data;
“Data processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller;
“Personal data” means any information relating to a natural person who can be identified, directly or indirectly, by using such information (e.g., name, address, email, phone number, and IP address); and
“Processing” means the use of personal data in any manner, including, but not limited to, collection, storage, erasure, transfer, and disclosure of personal data.
“you” is a reference to any person, including a natural person, a company, a organization, a body corporate, an association, a joint venture, a partnership, a trust, who visit and/or use Smartway Study App websites or social media pages, attendees at Smartway Study App events, customers and prospective customers and their representatives, suppliers and channel partners and their representatives and Smartway Study App employees;

2. WHAT INFORMATION WE COLLECTS ABOUT YOU
Smartway Study App may collect information directly from you, including:
Your name, physical address, email address, uid, telephone numbers and/or your identification number and, in the case of a natural person, your company’s name, your company’s identification number, your job title, your business telephone number and/or email address, such as when you submit an enquiry to Smartway Study App, when you contract with Smartway Study App for our services or when you create an online account or profile to access Smartway Study App services;
Your payment information if you purchase or subscribe for Smartway Study App products and services that or if Smartway Study App needs to process a payment to you. We might collect your billing name, billing address and payment method when you make a purchase on our website. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website.
We collect information you post in a public space on our website or on a third-party social media site belonging to Smartway Study App
Your financial information for vetting purposes if you apply to become a channel partner and, if you are a channel partner, for purposes of assessing your performance and determining your grading and benefits;
Your logo for display on Smartway Study App websites as recognition of the relationship that exists between you and Smartway Study App, whether as a customer, a channel partner or a supplier;
The passwords and log-in details that you have created to access your account with Smartway Study App in respect of the Smartway Study App offerings; and/or
Smartway Study App may also collect other information through your interaction with and use of Smartway Study App offerings, including:
Internet Protocol address (“IP address”) and information derived from your IP address, such as your geographic location, your company or when you access Smartway Study App websites;
Information about the device that you use to access Smartway Study App websites, such as device type and version, mobile device identifier, browser type, operating system, the presence or use of applications or information about your preferred language;
from our third party joint initiative partners;
Publicly available from sources such as social media websites; and
From third parties that provide us with marketing leads.

3. WE COLLECT INFORMATION IN DIFFERENT WAYS Smartway Study App, its affiliates and its third party service providers may collect information from a variety of sources including:
We collect information directly from you
We collect information directly from you when you make a purchase on Smartway Study App, register for an event or subscribe to free trial period. We also collect information if you post a comment on our websites or ask us a question through phone or email. When you provide the information to Smartway Study App or its third party service providers either directly or through Smartway Study App websites;
We collect information from you passively
We may use other tracking tools like Google, web analytics, Linkedin, browser cookies or other external websites for collecting information about your usage of our products and services.
We get information about you from third parties
For example, if you use an integrated social media feature on our website. The third-party social media site will give us certain information about you. This could include your name and email address. other data you may have made publicly available, such as social media posts or when you ‘like’ Smartway Study App, share content or follow Smartway Study App on Twitter or data provided by third party sources, such as professional networking sites or information service provider.

4. PERSONAL INFORMATION We comply with data minimization principles and collect only a minimal amount of personal data that is necessary to ensure your proper use of Smartway Study App and their services. To communicate with you and respond to your requests or enquiries which Smartway Study App may have received by you submitting contact forms on Smartway Study App websites, attending Smartway Study App events, sending an email to Smartway Study App or by visiting social media platforms;
To interact with you on third party social networks, or other web services where this information is matched against their databases to display more relevant information to you;
If you choose to register with Smartway Study App, such as to become a channel partner or as a customer or to receive Smartway Study App services, to create and manage an account for you;
To engage in transactions with you and to process your transactions, such as activating your subscription to a service or sending you invoices;
To perform in terms of an agreement that you or your company have entered into with Smartway Study App, such as providing you with the relevant Smartway Study App offering, verifying your identity, taking payments and sending you necessary communications;
To process activities necessary to perform or provide the Smartway Study App services, such as testing and applying new products, patches and updates and resolving errors and other issues that you have reported to Smartway Study App;
To track or record your use of Smartway Study App services, such as the version of Smartway Study App you are using or the webinars you have attended;
To communicate with you about any matters or information relating to Smartway Study App services, such as new product releases and service developments, updates, events, special offers, promotions or requirements and benefits applicable to channel partners. This information may apply specifically to you or generally to all parties using those or related Smartway Study App services. This may occasionally include information from other business partners about their products and services that can add value Smartway Study App services;
To send you newsletters and notify you about blogs published on Smartway Study App websites.

Smartway Study App websites may permit you to participate in interactive discussions, post content and engage in networking activities. Certain of your personal information, such as your name, may be visible to other participants. Smartway Study App does not control the content that users post to these forums. You should carefully consider whether you wish to submit personal information to these forums.

To help create and personalize content for you on Smartway Study App websites and to facilitate and improve your use of the Smartway Study App websites; To diagnose problems in respect of Smartway Study App websites, to administer Smartway Study App websites, to keep Smartway Study App websites secure and to gather demographic information about the users of Smartway Study App websites;
To conduct surveys and market research in respect of various topics, such as Smartway Study App customers or channel partners or their experience of Smartway Study App services or the effectiveness of Smartway Study App marketing campaigns or learning courses, to evaluate and improve the use, function and performance of Smartway Study App services, marketing and sales campaigns and Smartway Study App customer, channel partner and supplier relationships;
To investigate and prevent potential fraud or illegal activities involving Smartway Study App systems and networks, to administer Smartway Study App back-up and disaster recovery plans and policies and to confirm compliance with licensing and other terms of use applicable to Smartway Study App services;
As Smartway Study App believes to be necessary or appropriate to protect you, Smartway Study App’s employees and affiliates and other users of Smartway Study App services, Smartway Study App physical and online operations, Smartway Study App property, Smartway Study App rights and Smartway Study App privacy and/or that of Smartway Study App affiliates, you or others; and/or carry out any other purpose described to you at the time the information was collected from you.

Payment processing : When the Organizations make payments through Smartway Study App, the payments are processed by our third-party payment getways. The payment getways are solely responsible for handling Organizations’ payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the payment getways refused the payment for any other reason. Please note that the payment getways may collect some personal data, which allows them to process the payments (e.g., credit card details). The Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing.

Additional data : We may receive certain additional data when submitted through Smartway Study App if you participate in a focus group, contest, activity or event, request support, interact with our social media accounts, submit your feedback and reviews or otherwise communicate with us.

Personal data obtained from third parties : When using Smartway Study App, you can choose to permit or restrict services, functionalities, and integrations provided by third parties, including, but not limited to, payment gateways (the “Third-Party Services”). Once enabled, the providers of the Third-Party Services may share certain information with us, subject to the privacy policy of the Third-Party Services. You are strongly encouraged to check carefully the privacy settings and notices of the Third-Party Services to understand what information may be disclosed to us.

Sensitive data : We do not intentionally collect special categories of personal data (“sensitive data”), such as opinions about your religious and political beliefs, racial origins, membership of a professional or trade association, or information about sexual orientation. However, we may process students’ health-related information, if such data is submitted by the Organization as a part of the Records.

Failure to provide personal data : If you fail to provide us with the personal data when requested, we may not be able to perform the requested operation and you may not be able to use the full functionality of Smartway Study App, receive the services provided through Smartway Study App, or get our response.

5. NON-PERSONAL INFORMATION Types of non-personal data : When you use Smartway Study App, we may automatically collect certain non-personal data about your use of Smartway Study App and your device for analytics purposes. Such non-personal data does not allow us to identify you in any manner. The non-personal data collected by us includes information about:
The type of your device;
Operating systems and browsers used by you;
Your timezone;
You language;
Your browsing patterns; and
URL addresses of websites accessed from Smartway Study App.

Your feedback : If you contact us, we may keep records of any questions, complaints or compliments made by you and the response, if any. Where possible, we will de-identify your personal data. Please note that de-identified personal data is also considered to be non-personal data.

Purposes of non-personal data : We will use non-personal data in furtherance of our legitimate interests in operating Smartway Study App, conducting our business activities, and developing new products and services. More specifically, we collect the non-personal data for the following purposes:
To analyse what kind of users visit and use Smartway Study App;
To identify the channels through which Smartway Study App is accessed and used;
To examine the relevance, popularity, and engagement rate of the content available on Smartway Study App;
To identify and fix errors;
To investigate and help prevent security issues and abuse;
To develop and provide additional features to Smartway Study App; and
To personalise Smartway Study App for your specific needs.

Aggregated data : In case your non-personal data is combined with certain elements of your personal data in a way that allows us to identify you, we will handle such aggregated data as personal data. If your personal data is aggregated or de-identified in a way that it can no longer be associated with an identified or identifiable natural person, it will not be considered personal data and we may use it for any business purpose.

6. COOKIES
We use cookies on Smartway Study App. When you use and access the Site, we may place a number of cookies files in your web browser. Smartway Study App uses or may use cookies and/or web beacons to help us determine and identify repeat visitors, the type of content and sites to which a user of our Site links, the length of time each user spends at any particular area of our Site, and the specific functionalities that users choose to use. We use both session and persistent cookies on the Site and we use different types of cookies to run the Site:

Essential cookies. Necessary for the operation of the Site. We may use essential cookies to authenticate users, prevent fraudulent use of user accounts, or offer Site features.
Analytical/performance cookies. Allow us to recognize and count the number of visitors and see how visitors move around the Site when using it. This helps us improve the way the Site works.
Functionality cookies. Used to recognise you when you return to the Site. This enables us to personalise our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
Targeting cookies. Record your visit to the Site, the pages you have visited, and the links you have followed. We will use this information to make the Site and the content more relevant to your interests. We may also share this information with third parties for this purpose.<
Tracking cookies. Follow on-site behavior and tie it to other metrics allowing better understanding of usage habits.
Optimization cookies. Allow real-time tracking of user conversion from different marketing channels to evaluate their effectiveness.

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use some or all of the features we offer. You may not be able to log in, store your preferences, and some of our pages might not display properly.

7. THE RECORDS AND COMMUNICATION DATA
Information provided in the Records : The Organizations can publish and share various information via the Records created or uploaded via Smartway Study App. Depending on their type, the Records may become visible to the users of Smartway Study App (e.g., to parents or students). Thus, we request the Organizations to exercise their due diligence when making available any personal data or other sensitive information in their Records. The Organizations are not allowed to submit the Records that contain personal data obtained in an illegitimate manner (e.g., without the consent of persons whose personal data is featured in the Records).

Communication data :< We provide the Organizations with a possibility to communicate with parents, students, and teachers via SMS, email, mobile apps, notice boards, and events. We put reasonable efforts to ensure that the communication data transmitted through Smartway Study App remains confidential and properly protected.

8. RETENTION PERIOD
Retention of personal data : We will store personal data in our systems only:
(i) as long as such personal data is required for the purposes described in this Privacy Policy, or
(ii) until a user requests us to delete personal data – whichever comes first. After the personal data is no longer necessary for its purposes we will immediately delete such personal data from our systems.

Retention of non-personal data : We may retain non-personal data pertaining to the users for as long as necessary for the purposes described in this Privacy Policy. After the non-personal is no longer necessary for its purposes we will immediately delete such personal data from our systems.

9. SHARING AND DISCLOSING DATA
Do we share your personal data : If necessary, we may disclose your personal data to the service providers with whom we cooperate and other third parties (our data processors). For example, we may share your personal and non-personal data with entities that provide certain technical support services to us, such as Hosting and cloud storage service provider, Business analytics service provider, Email service providers, Marketing service providers, Software developing partner, Payment processing partners, or if you explicitly request us to disclose the personal data.

When do we share your personal data? : The disclosure of your personal data is limited to the situations when such data is required for the following purposes:
Ensuring the operation of Smartway Study App;
Ensuring the delivery of the services requested by you;
Providing you with local implementation assistance through our implementation partners;
Providing you with the requested information;
Pursuing our legitimate business interests;
Enforcing our rights, preventing fraud, and security purposes;
Carrying out our contractual obligations;
Law enforcement purposes; or
If you provide your prior consent to such a disclosure.

Successors : In case our business is sold partly or fully, we will provide your personal data to a purchaser or successor entity and request the successor to handle your personal data in line with this Privacy Policy.

10. SECURITY
Our security measures : We put our best efforts to keep your personal data safe and secure. We implement Organizational and technical information security measures to protect your personal data from loss, misuse, unauthorised access, and disclosure. The security measures taken by us include secured networks (we use SSL encryption), strong passwords, DDOS mitigation, limited access to your personal data by our staff, and anonymisation of personal data (when possible). In order to ensure the security of your personal data, we kindly ask you to use Smartway Study App and their services through a secure network only.

Handling security breaches : Although we put our best efforts to protect your personal data, given the nature of communications and information processing technology and the Internet, we cannot be liable for any unlawful destruction, loss, use, copying, modification, leakage, and falsification of your personal data caused by circumstances that are beyond our reasonable control.

11. YOUR RIGHTS REGARDING PERSONAL DATA
What rights do you have : Individuals located in certain countries rights in relation to their personal data. You may ask us to:
Get a copy of your personal data that we store;
Get a list of purposes for which your personal data is processed;
Delete your personal data from our systems;
Object and restrict processing of your personal data;

How to exercise your rights : If you would like to exercise your rights, please contact us by email at info@smartwaystudy.com and explain in detail your request.

Requests received from students, parents, alumni, and teachers : We act in the capacity of a data processor with regard to students’, parents’, alumni’s, and teachers’ personal data submitted by the Organizations via the Records. Therefore, we do not accommodate their requests related to access, rectification, and deletion of personal data and other rights the students, parents, alumni, or teachers may have. The persons that would like to exercise their rights with regard to the personal data processed by us are requested to contact the respective data controller (i.e., the Organization that uses our services to collect personal data). In case we receive such requests directly from such persons, we will not take action and inform the respective Organization without undue delay so that the Organization could act accordingly.

How to launch a complaint : If you would like to launch a complaint about the way in which we handle your personal data, we kindly ask you to contact us first and express your concerns. After you contact us, we will investigate your complaint and provide you with our response as soon as possible (Between 30 working days).

12. THIRD-PARTY LINKS
We contains links to websites and services that are owned, operated and controlled by third-party service providers. Please be aware that we are not responsible for the privacy and security practices employed by such third parties. We encourage you to be aware when you leave Smartway Study App in any way kindly read carefully the privacy statements of each and every website or service that you access.

We advise you to carefully scan every link before clicking on it to ensure the link is not infected and free of any kind of virus or malware that can damage your operating system or device. Even if you did scan the links you should take extra safety and security precautions before accessing those links and carefully assess the security of the website or service that you intend to use.

13. TERM, TERMINATION AND AMENDMENTS
Term and Termination : This Privacy Policy enters into force on the effective date indicated at the top of the Privacy Policy and remains valid until terminated or updated by us.

Amendments : We may change this Privacy Policy from time to time to address the changes in laws, regulations, and industry standards. The amended version of the Privacy Policy will be posted on this page with a new effective date and, if we have your email address, we will send you a notice about all the changes implemented by us. We encourage you to review our Privacy Policy to stay informed.

Consent to amendments : For significant material changes in the Privacy Policy or, where required by the applicable law, we may seek your consent. If you disagree with the changes to the Privacy Policy, you should cease using Smartway Study App at all.

14. JURISDICTION If you choose to visit the website, your visit and any dispute over privacy is subject to this Policy and the website’s terms of use. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India.

15. CONTACT Please feel free to contact us if you have any questions about the Privacy Policy, our privacy and security practices, or would like to exercise your rights listed in Section “YOUR RIGHTS REGARDING PERSONAL DATA” of the Privacy Policy. You may contact us by using the following contact details: Email: info@smartwaystudy.com
Phone: +91 9962 088 088
Office Address: New Delhi