ROLES AND PURPOSE
eSmart is the data controller for your Personal Information. The purpose of processing your Personal Information is to enable and enhance the use of the Site, including enabling additional services and functionality. What that means in terms of what data we collect and process, how and where we process it, and for how long, is described below.
It is important that you read this, as you by taking the Site into use, gives us and our partners your consent to process your Personal Information.
LEGAL BASIS FOR PROCESSING
The legal basis for the processing of Personal Information is your consent and data protection law. Your Personal Information is processed in accordance with the implementation of the General Data Protection Regulation (“GDPR”) (EU) 2016/679. This gives you strong rights as a data subject. Hereunder you have the right to:
- have your Personal Information deleted by requesting the same through our contact us box available on our home page
- have any incorrect Personal Information corrected
- information from us, as data controller, regarding the data processing
While Indian law applies, As a good global corporate citizen, we follow global best practices. Exclusive legal venue is New Delhi, India. Any surrender of data is voluntary, but some basic information is needed to enable the Site to operate.
COLLECTED PERSONAL INFORMATION
If you register with eSmart through the Site, eSmart collects and processes the following information from you:
Name, job title, physical and email addresses; and phone number.
We may process this Personal Information for purposes of operating, debugging, maintaining, improving, and optimizing the Site, marketing, and/or to maintain customer relationships. eSmart performs analysis of the data, for the above purposes and also for the purpose of providing its business partners access to relevant data.
You consent to the above described collection and processing of Personal Information.
WHERE WE PROCESS PERSONAL INFORMATION
The Personal Information we collect from you may be transferred to and computer processed on servers placed in: India, United States, European Economic Area (EEA) depending on your location, and the Site instance to which you connect.
The data is stored on servers in India belonging to an Indian web-hosting service provider or on a local server in our secure datacenter at our headquarters. The processing is conducted by personnel that may be located in India, USA or EEA.
You consent to the above described transfer and processing of Personal Information.
eSmart does not share Personal Information for any commercial or marketing purpose unrelated to the delivery of eSmart services without asking you first.
The following are the situations where we may share Personal Information:
With your explicit consent: We may share Personal Information when we have your consent. One example of this would be if you sign up for additional programs offered by our partners. If you do this, we may share certain information with the partner. For external processing: We have vendors, service providers, and partners who may help with some of our data processing and storage, including customer support services at our partners. They may also assist with monitoring our servers for technical reasons. These vendors (as well as eSmart personnel) can access certain information about you and your account in order to carry out their work. Such vendors are not allowed to use this data for non-eSmart purposes.
For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with law.
We may share non-Personal Information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish research, or help us generally improve our system. We may also share non-Personal Information with our partners, for instance if they are interested in offering other services on the Site. We take steps to keep this non-Personal Information from being associated with you and we require our partners to do the same.
You consent to the above described sharing of Personal Information.
SECURITY OF PERSONAL INFORMATION
eSmart has implemented various physical, electronic and procedural safeguards to protect the confidentiality and security of Personal Information under our control. For instance, eSmart limits access to eSmart systems that store such information to authorised personnel. eSmart also employs the Transport Layer Security (TLS) protocol to protect your Personal Information.
eSmart will maintain your Personal Information for as long as a business need exists, or as required by applicable laws, regulations, or government orders. When we dispose of Personal Information, we use commercially reasonable procedures to erase or render it unreadable.
eSmart restricts its personnel from processing user data without authorisation by eSmart. eSmart will impose appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security.
eSmart will not disclose any Personal Information to any government, except as necessary to comply with the law or a valid and binding order of a law enforcement agency.
CHANGES TO THIS POLICY
If you have any questions regarding the terms of this policy, please contact eSmart by sending an email to firstname.lastname@example.org or by writing to e-Smart Systems Ltd., 483 FIE, Patparganj Industrial Area, Delhi 110092, India.
Effective as of May 22, 2018