Privacy Policy

We place the highest importance on respecting and protecting your privacy. Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform and Services. The objective of this Policy is for you to better understand the type of information we intend to collect from you, the purpose for which the information collected by us will be used, the use of such information by the parties with whom we will share your information, our policy regarding cookies and identity theft instances, the data security practices of the third-party website links available on our Platform, the data retention policy, and information security measures implemented by us, our disclaimers in relation to Services and the Platform, our policy regarding the changes and updates to this Policy, our policy with respect to withdrawal of your consent, and legal rights and obligations in case of disputes and grievances.

This Privacy Policy (the “Policy”) applies to the use of or access to the website https://smart.tohands.in/ (“Website”) and/or mobile application by the User (hereinafter referred to as “Visitor”, “You” or “Your”)

The platform https://smart.tohands.in/ is owned, operated and provided by Tohands Private Limited, a company registered under Companies Act, 2013, having its registered office at WeWork Oberoi Commerz II, 20th floor, CTS No. 95, 4 B 3 & 4 590, Off W. E. Highway, Oberoi Garden City, Goregaon East, Mumbai, Goregaon East, Maharashtra, India, 400063 (hereinafter referred to as “Tohands”,  “Company”, “We”, “Us” or “Our”). The Website, its sub-domains and other sites/ apps/ other channels including mobile applications maintained by Tohands to enable Services shall be collectively hereinafter referred to as “Platform”. The products and services provided by Tohands through the platform shall be referred as “Services” as defined under the Terms of Use available at _____[TERM OF USE]_____ “Terms” and they are incorporated by reference here. Capitalized terms not defined herein, shall have the meaning set out in the Terms. 

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This Policy is published in accordance with the provisions of Rule 3 (1) (a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and that require publishing the rules and regulations, privacy policy and terms of use for access or usage of https://smart.tohands.in/ Platform.

BY USING THE PLATFORM OR AVAILING THE SERVICES, YOU AGREE TO THIS POLICY. SUBJECT TO APPLICABLE LAWS, THE TERMS OF THIS POLICY (AND ANY CHANGES THERETO) WILL BECOME APPLICABLE TO YOU RETROSPECTIVELY ON AND FROM THE DATE OF YOUR FIRST USE OF THE PLATFORM. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, PLEASE DO NOT USE THE PLATFORM AND SERVICES. FURTHER, BY USING THIS PLATFORM, YOU ALSO CONFIRM THAT YOU ARE EITHER THE OWNER OF OR ARE DULY AUTHORIZED TO USE AND SHARE THE INFORMATION THAT THE PLATFORM MAY REQUIRE, AND THAT YOU USING THE PLATFORM DOES NOT VIOLATE ANY APPLICABLE LAW OR CONTRACT BY WHICH YOU MAY BE BOUND OR IS OTHERWISE PREJUDICIAL TO ANY PERSON. YOU AGREE TO INDEMNIFY THE COMPANY, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, BUSINESS ASSOCIATES, AFFILIATES, INVESTORS AND AGENTS FROM ANY LOSS, DAMAGE, EXPENSES OR OTHER ADVERSE CONSEQUENCE THEY SUFFER AS A RESULT OF YOUR USAGE OF THE PLATFORM UNLESS SUCH LOSS, DAMAGE, EXPENSES OR OTHER ADVERSE CONSEQUENCE CAN BE ATTRIBUTED TO OUR ACT OR OMISSION.

This Policy primarily describes:

• the information You provide to Tohands;
• the information that Tohands collects through Your usage of the Platform, Services or otherwise, which is hosted and operated from India;
• the information that Tohands collects from its employees or other third parties, business partners or vendors.
• the use and role of cookies and similar technologies on the Platform; and
• the security measures Tohands has in place to protect the information that Tohands gathers through the Platform or otherwise.

This Policy also governs Tohands’s collection of information by any other means, including , Your usage of our Services and products or the collection of information by any parent, or subsidiaries of Tohands (“Other Entities”) during Your employment or business association with Tohands. Visitors are encouraged to read this Policy before using the Platform.

1. Information Gathered by the Tohands
   1. Tohands gathers three basic types of information: (i) “Personal Information,” information from which an individual can be identified; (ii) “Sensitive Personal Data and Information”, which includes personal information such as passwords, financial information,      and information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”),  , and (iii) “Aggregate Information,” from which an individual cannot be identified;
   2. Personal Information – You are not ordinarily required to register or provide Personal Information in order to access the Platform, though certain functionalities such as a membership program, through which purchasers of products may receive discounts on online purchases, participating in any contests, etc., may require registration. Tohands collects Personal Information from You only when You voluntarily provide it to Tohands – for example, in contacting Tohands through the website, filling in the form for applying for a vacancy or while requesting for a visit to the manufacturing plant of Tohands, or exploring business opportunities with Tohands, answering surveys and polls, entering contests, sweepstakes, raffles and similar promotions, signing up for email updates and announcements concerning the Tohands’s products and special promotions, and purchasing the Tohands’s merchandise. Personal Information may include Your contact information (such as Your name, postal address, telephone numbers and/or email address), which will be collected if You wish to purchase any product or merchandise made available through the Platform (“Transaction”).
   3. Sensitive Personal Data and Information – We may also collect sensitive personal data or information (“SPDI”) about you when you access and use the Platform. This information includes health information as well as Your payment information, such as credit card number and expiration date (“Payment Information”). By using the Platform, or by purchase of any products or merchandise, or by providing us with the information, You consent to the storage, processing, transfer and disclosure of Your Personal Information and SPDI in accordance with the terms of this Policy.
   4. Aggregate Information – When you visit the Platform, the Tohands and the third parties with whom the Tohands has contracted to provide services, may collect anonymous information from three sources: server log files, cookies, and pixel tags. This anonymous information may include Your interaction with the Platform, including the pages that You view, Your internet protocol address, the links You select or actions You take, browser type, the unique identifier of Your device, and device information such as operating system, operating system version, browser plug-ins, crashes, system activity, hardware settings, location-based information, date and time of Your request and referral URL, and cookies that may uniquely identify Your browser and mobile application and the previously visited webpage.
      1.  Tohands collects business-related data that You generate through the Tohands app and calculator, including transaction details (credits, debits), customer and vendor information, and inventory data of Your shop. To facilitate certain services, You may be requested to provide Know Your Customer (KYC) information, UPI ID, and other relevant details for enabling payment confirmations and generating dynamic QR codes via third-party payment services. Tohands stores mobile numbers provided by the User and any remarks or comments entered within the Platform in Tohands’ database.
      2. Server Log Files – Your Internet Protocol (IP) address is an identifying number that is automatically assigned to Your computer by Your Internet Service Provider (ISP). This number is identified and logged automatically in the Tohands’s server log files whenever you visit the Website, along with the time(s) of Your visit(s) and the page(s) that You visited. IP addresses of all Visitors are used by the Tohands to calculate the Website usage levels, to help diagnose problems with the Website’s servers, and to administer the Website. Tohands may also use IP addresses to communicate or to block access by Visitors who fail to comply with the Policy and/or the Terms of the Platform. Collecting IP addresses is a standard practice followed on the internet and is carried out automatically.
      3. Cookies are data that a web server transfers to an individual’s computer for record keeping purposes. Cookies are an industry standard, and helps facilitate users’ ongoing access to and use of a particular website. Cookies do not cause damage to the computer system or files, and only the website that transfers a particular cookie to the computer system can read, modify or delete such cookie. If You do not want Your information to be collected through the use of cookies, there is a simple procedure to be followed, in most of the browsers, by the user that allows the user to delete existing cookies, automatically decline cookies, or to be given the choice of declining or accepting the transfer of particular cookies to the user’s computer system. You should note, however, that declining cookies may make it difficult or impossible for You to access certain portions of the Website.
      4. Pixel Tags – The Website may use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) to compile aggregate statistics about Website usage and response rates. Pixel Tags enables Tohands to maintain a count of the users who have visited certain pages of the Website. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and as to when the email was opened and read by the receiver of the e-mail.
   5. No liability pertaining to the authenticity/genuineness of the information disclosed by You will lie on Tohands. Further, Tohands will not be in any way responsible to verify any information obtained from You.
   6. For availing Our Services, You hereby consent to the collection, use, storage, disclosure and otherwise processing of Your information (including sensitive personal information) on the Platform in accordance with this Policy. If You disclose to Us any personal information (including sensitive personal information) relating to other person, You represent that You have the authority and consent from such other person to do so and to permit Us to use such personal information (including sensitive personal information) provided in accordance with this Policy.
   7. Only information provided by You is stored by Us. We do not supplement Your information with information from other companies or third parties.
2. Use and Disclosure of Information Gathered By Tohands
   1. We do not sell or share Your personal or financial information with anyone except in terms of this Policy. However, notwithstanding anything contained in this Policy, You expressly acknowledge, consent and agree to the following terms on information use and further authorize us to access and use Your information in the manner set out below.
   2. The Company provides an advertising module on the Platform. Users personal information is not shared with third parties unless the user engages with the advertisement by clicking on it and voluntarily submits their information. For ad targeting, the Company utilizes Aggregate Information, creating target groups (based on demographic and psychographic segmentation) without disclosing any personal data to advertisers or third parties, thereby ensuring the protection of User privacy.
   3. Personal Information. Tohands may use Visitor’s Personal Information and SPDI in any of the following ways:
      1. Communications – Tohands encourages the Visitors to contact Tohands with questions and comments. Personal Information and SPDI may be used by Tohands in order to respond to the respective Visitor’s questions and comments.
      2. Business Purposes – Tohands may also use the Personal Information and SPDI of its Visitors for internal business purposes, such as analysing and managing its businesses or maintenance of employee records. The Personal Information and SPDI collected may be combined with other information collected by Tohands via other online or offline sources, with demographic information and other information that is available in the public domain.
      3. Transactions – When you take part in a Transaction through the Website or Platform such as purchasing products or merchandise, Tohands may collect Payment Information from You related to such Transaction as well as other Personal Information such as shipping address for shipping of the ordered products or merchandise purchased through the Website or Platform. Tohands may use Your Personal Information or Payment Information in order to complete the Transaction and, if applicable, to fulfil Your purchase. The Payment Information may also be shared with the third parties, as may be necessary, to complete your Transaction (for example, to process the payment made through the credit card).
      4. Contests, Competitions and Other Promotions – From time to time, contests, competitions and similar promotions may be organized through the Platform that may require online registration by the User for participating in such contest, competition or promotion (which may include name, email, user ID and password). Tohands may ask You for certain Personal Information and SPDI during the process of registration for participating in such contest, competition or promotional schemes. Tohands may share this Personal Information and SPDI with third party sponsors of such contests, competitions and promotions (irrespective of whether it is hosted by Tohands), in accordance with the rules applicable to such contest, competition or promotion. You should carefully review the rules of each contest, competition and promotion in which You participate through the Platform, as they may contain certain additional important information about Tohands or a sponsor’s use of Your Personal Information and SPDI. To the extent that the terms and conditions of such rules concerning the treatment of Your Personal Information and SPDI enlarge the scope of use of such information in terms of this Policy, the terms and conditions of such rules shall also apply in conjunction with this Policy.
      5. Special Promotions and Product Information – In addition, Tohands reserves the right to use your Personal Information and SPDI for sending you the e-mails or SMS  with updates and announcements concerning Tohands’s products and special promotions. You may opt-out of receiving these messages from Tohands at any time (see Section 5 “Choice” below).
      6. Critical Communications – Tohands may from time to time and as may be necessary use Your Personal Information and SPDI to send emails consisting of important information regarding the Platform, Your Transactions, or for notifying any amendments or modifications to the Terms and policies of Tohands with respect to use of this Website or Platform (“Critical Emails”). Since Critical Emails would consist of important information You shall not have the option of not receiving Critical Emails.
      7. Third Party Service Providers – Tohands works with third parties who provide services, including website hosting, credit card processing, data analysis, newsletter services, promotional activities, and other administrative services. Tohands may share your Personal Information, and SPDI, with such third parties, as may be necessary, for the purpose of enabling such third parties discharge the provision of such services. These third party service providers may be located within or outside India. Your Personal Information and SPDI may also be shared with the manufacturer of the products ordered/ purchased by You on the Website/ Platform or with entities responsible for delivering the products ordered / purchased by You.
      8. Miscellaneous – Tohands may disclose your Personal Information and SPDI if Tohands believes that it is required to do so: (i) by law; (ii) to comply with legal process or governmental requests; (iii) to enforce the Terms; (iv) to protect Our operations; (v) to protect the rights, privacy, safety or property of Tohands, You or others; and (vi) to enable itself to pursue the available remedies or limit the damages that it may sustain.
   4. Use of Aggregate Information – Tohands may analyse Aggregate Information in order to enhance the      Platform security, track the popularity of certain pages of the      Platform track success of our email notifications, assess traffic levels on the      Platform and other usage data, all of which would help Tohands to provide content tailored to the interests of the consumers, improve the      Platform and related services and to otherwise enhance Visitor’s experience on the      Platform. Tohands may also share the Aggregate Information with its Other Entities and other third parties for provision of such services or for completion of your Transactions on the      Platform.
   5. By agreeing to the Terms and Policy, Users acknowledge and consent for Us to retain/ store Your data and Personal Information, of any nature (either wholly or partially), in Tohands servers or cloud or otherwise in any other medium as may be transmitted/ processed/ passed through the Platform. The User also consents and allows Tohands to retain the data for a period of 5 years, even if the User choses to delete it from the Platform or the same shall be retained in terms of the applicable laws, whichever is earlier. 
   6. Tohands uses Your information for the following general purposes: to customize the advertising and content You see, fulfill Your requests for provision of products and services, improve Our services, contact You, conduct research, and provide anonymous reporting for internal and external clients. Tohands reserves the right to make use of the Personal Information in any investigation or judicial process relating to fraud on account of such transactions during the period when Tohands retains such information.
   7. If you choose to use services provided by Our third-party service providers through the Platform, Your information may be governed by the terms of the privacy policy of such third-party service providers. We will not be responsible or liable for the privacy practices of any third-party service providers.
3. Other Important Notes regarding Tohands’s Privacy Practices
   1. Special Note for Parents and Children – Website/ Platform and the contents therein are intended for a general audience and not intended for utilization directly or independently by children under 18 years of age. If you are a child under the age of 18 years and desire to use this Website/ Platform or purchase any products or merchandise (if sold through this Website), please request Your parents to complete the necessary registration formalities and complete the Transaction. Any use of this Website or any of its features by a child under the age of 18 years must be under parental supervision. Tohands does not directly contact children under the age of 18 years for promotion of its special offers or for marketing purposes. Tohands also does not knowingly collect Personal Information and SPDI from any child under the age of 18 years.
   2. Security – Tohands has adequate security measures and tools in place to help protect against the loss, misuse, and alteration of the information under Tohands’s control. Whenever any Visitor furnishes his/her credit/ debit card number, that credit/ debit card number is transmitted by the Visitor’s browser in an encrypted format using industry-standard, SSL (secure socket layer) encryption method. Even though, Tohands endeavours to protect its Visitor’s Personal Information and SPDI, Tohands cannot guarantee the security of any information transmitted to Tohands, through or in connection with the Platform. If You have reason to believe that Your interaction with Tohands is no longer secure (for example, if You feel that the security of any account You might have with Tohands has been compromised), You must immediately notify Tohands of the problem in accordance with “Contact Us,” below (note that physical mail notification will delay the time it takes for Tohands to address and respond to the problem).
   3. Other Third-Party Sites –  The Website may contain links to third party websites. These linked sites (including the websites of Other Entities) are not under the control and supervision of Tohands and Tohands shall in no way be responsible for the privacy practices or the contents of any such third party linked websites, or any information contained in any linked websites. Tohands provides such links only as a convenience, and the inclusion of a link on the Website/ Platform does not imply endorsement of the linked website by Tohands. If you furnish Your SPDI, Payment Information or other Personal Information through any such third party website, Your transaction will occur on such third party’s website (and not the Website/ Platform) and the Personal Information  and SPDI You provide will be collected by, and controlled by the privacy policy of, that third party. It is important that You familiarize Yourself with the privacy policies and practices of any such third parties, before furnishing any Personal Information, SPDI or Payment Information on their websites. The Platform only supports mobile and OTP-based login for both the app and website. When you log in using your mobile number, an OTP (One-Time Password) is sent to your registered mobile number for authentication. The Platform collects only the necessary information required for login and account verification. 
   4. Assignment – Tohands reserves the right to transfer any and all information that it collects from the Visitors to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Tohands’s assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
   5. Tohands will retain Your information only for as long as it is necessary for the purposes set out in this Policy. We will retain and use Your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
4. Updating Your Information and Contacting Us 
   1. Tohands has adequate procedures in place to keep your Personal Information and SPDI accurate, complete and up to date for the purposes for which it is collected and used. You may contact our Grievance Officer on the email id mentioned below. You may review the information maintained by Tohands and wherever appropriate, You may request Tohands that such information be corrected. Tohands also provides an option for reviewing, correcting, updating or otherwise modifying information, You have previously provided, for which, You may send a mail at the following postal mail address: Tohands Pvt Ltd , 1st Floor, 150/1, 1st B Cross Street, Koramangala 8th Block, Bangalore, Karnataka 560095, India. Or email: Compliance@tohands.in 

Please clearly indicate the information that You wish to review or have changed. Tohands will endeavour to comply with Your request as soon as reasonably possible.

1. Note that despite any removal of or change to Personal Information and SPDI requested there may also be residual information that will remain within Tohands’s databases and other records, which will not be removed or changed.

• Choice

1. 1. 1. From time to time, Tohands may ask You to indicate whether You are interested in receiving emails/ SMS and other information from Tohands or not. If you elect to receive these communications, Tohands will occasionally send You emails or other information that match Your requests and offer You promotions and coupons. Consent provided to use email in the contact form for news and offers also provides Tohands the consent to send SMS for the same. 
      2. If at any time You wish to stop receiving these email/SMS communications from Tohands, You may put up a request for discontinuation of sending of such e-mails/SMS by emailing, calling or writing to Tohands using the contact information provided on the Website/ Platform or by using the unsubscribe feature in the email received by You. Please indicate that You wish to stop receiving email/SMS communications from Tohands. However, You shall not have the option of discontinuing the receipt of Critical Emails from Tohands.
      3. In addition, Tohands does not disclose your Personal Information and SPDI to third parties, including Tohands’s subsidiaries and the holding companies, for third-party’s direct marketing purposes if Tohands has received and processed a request from You that your Personal Information and SPDI should not be shared with third parties for such purposes. If You would like to submit such a request, You may do so by emailing, calling or writing to Tohands using the contact information provided above. Please indicate that You request that Tohands should not disclose your Personal Information and SPDI to its subsidiaries and/or other third parties for direct marketing purposes.

• Changes to This Policy 

1. 1. 1. Tohands reserves the right to change this Policy, and any of its policies or procedures concerning the treatment of information collected through the Website/ Platform, without prior notice. You can determine when this Policy was last revised by referring to the “Last Updated” at the top of this page. Any changes to the Policy will become effective upon posting of the revised Policy on the Website. Use of the Website/ Platform following such changes constitutes Your acceptance of the revised Policy, then in effect. Tohands encourages You to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Policy.
      2. This Policy represents the sole, authorized statement of Tohands’s practices with respect to the collection of Personal Information and SPDI through the Website/ Platform or otherwise and the manner of use of such information by Tohands. Any summaries of this Policy generated by third party software or otherwise (for example, in connection with the Platform for Privacy Preferences or “P3P”) shall have no legal effect, shall not be binding on Tohands, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.

• Consent Amendments; Law 

1. 1. By using this Website or by seeking or availing any products and services You consent to the terms of this Policy and to the use and management of Personal Information and SPDI including, Payment Information by Tohands for the purposes and in the manner herein provided. Should this Policy change, Tohands intend to take every reasonable step to ensure that these changes are brought to Your attention by posting the updated Policy on the Website. You agree and declare that You provide all information to Us voluntarily. Collection, use and disclosure of Personal Information and SPDI requires Your express consent. You are providing Us with Your express consent to Our use, collection, and disclosure of the Personal Information and SPDI. All information disclosed by You shall be deemed to be disclosed willingly and without any coercion. You may choose to not provide Us with Personal Information and SPDI, but in the event that You do so, we will be unable to provide You access to the Website/ Platform or any service or part thereof.
   2. You accept the terms hereof and hereby consent to the storage and processing of Personal Information and SPDI by third parties and in any of location within or outside India. The Company will make best efforts to ensure that the third party or the location to which the SPDI is transferred affords same level of data protection as would be afforded under Indian law. By continuing to use the Website/ Platform, products or service, You provide Your consent for transfer, sharing and disclosure of such Personal Information or SPDI by Us in accordance with this Policy.

• Identity Theft 

• There may be instances when You receive a seemingly legitimate-looking email asking for Your personal information such as Your credit card details, bank account details, one-time passwords, contact information, etc. Tohands will never ask for such information from You via email. 

• Such activities are usually carried out by unauthorized individuals and are illegal in nature. They are called phishing or identity theft. In case of any suspicion of such activity or on receiving such an email You should be certain that the same was not sent by Us, we advise You not to respond to such email and intimate Us about any such attempts at the earliest.

1. Disclaimer

1. We make no representation as to providing or storing backup copies of any information submitted to Us. You shall be solely responsible to ensure that You maintain backup copies of such information and in the event of any malfunctioning or failing of the Platform for any reason whatsoever (including on account of maintenance), You may be required to resubmit such information.
2. Although We take appropriate steps to maintain the security of information We collect from You, We assume no responsibility of whatsoever nature as to make good the losses and damages You may incur, due to privacy and/or security breach of Your information. We shall not be liable for any loss or damage sustained by reason of disclosure (inadvertent or otherwise) of any information and/or omission or inaccuracy with respect to any information so disclosed and used whether in pursuance of a legal process or otherwise.
3. We provide high encryption and data security measures to protect transactions details, app data, website information, and UPI data. However, in the event of a data breach due to bugs, hacking, or other unauthorized access, the Company shall not be liable for any loss of such data because of reasons beyond the control of the Company. Users are encouraged to take additional security precautions where necessary.

1. Governing Law – This Policy shall be governed by and construed and enforced in accordance with the laws of India. Any controversies, conflicts, disputes, or differences arising out of this Policy shall be resolved by arbitration seated at      Bangalore, Karnataka in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed mutually by the Parties. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Subject to other provisions in this Clause, courts in      Bangalore shall have exclusive jurisdiction over all issues arising out of this Policy.