Privacy Policy - Remote For Android TV

Last updated: 15th January 2025

Version: 2.0

M/S. SIMHA SOFTWARE, having its registered office at 331, GIDC Pandesara, Surat, Gujarat, India bearing GST No: 24AYHPA0615N1ZP (“Simha”), is the licensed owner of the application ‘Remote for Android TV’ (”Application”). Simha places its highest value on your trust and put top priority on protecting your Personal Information and this privacy policy (“Policy”) explains how Simha will collect, use, share and process data.

For the purpose of this Privacy Policy, wherever the context so requires "You" or "User" shall mean any natural or legal person who uses the Application. The term "We", "Us", "Our", “Company” shall mean “Simha”.

This Policy is being framed in view of the Digital Personal Data Protection Act 2023, read in conjunction with the Information Technology Act, 2000 read with Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

By accepting this Policy, you understand and agree to the collection, use, sharing and processing of your Personal Information (as defined herein below). If you provide Simha with Personal Information about someone else, you confirm that they are aware that you have provided their information and that they consent to Simha’s use of their information according to this Policy. This Policy applies to all the current and former visitors, users and others who access this Application.

1. Scope of this Policy

This Policy is an electronic record in the form of an electronic contract formed under the applicable law. This Policy does not require any physical, electronic or digital signature.

By accessing or using the Application or otherwise giving us your information, you undertake that you have the capacity to enter into a legally binding contract vide this Policy, which constitutes a legally binding document between you and Simha under the applicable law, in particular, the Indian Contract Act, 1872.

For users accessing our Application, services and products from the EU, Annexure A shall apply. This annexure outlines the data processing practices and compliance measures implemented by the Company to adhere to the General Data Protection Regulation (GDPR) for users who are accessing the Application from the EU. By using our Application, services and products, users from the EU acknowledge and consent to the processing of their personal data in accordance with the provisions outlined in Annexure A (GDPR). For users accessing our Application, services and products from the United States of America, the provisions outlined in Annexure B, which are compliant with the California Consumer Privacy Act of 2018 (CCPA) and any other relevant applicable laws, shall apply. For users accessing our Application, services and products from the United Kingdom, Annexure A shall apply in a manner that is read in consonance with the provisions of the Data Protection Act, 2018.

When we require your Information, it shall be only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations.

This Policy seeks to ensure that any Personal Information (as defined hereinbelow) or third-party information handled by Simha is managed in a way that is ethical, compliant and adheres to best industry practices.

Please read the terms and conditions of this Policy carefully, before accessing or using this Application. By accessing or using the Application you agree to the terms of this Policy. If you are accepting this Policy on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind such person, company or legal entity to these terms.

This Policy describes the types of information we collect, why and how we use the information, with whom we share it, and the choices you can make about our use of the Information (as defined hereinbelow). We also describe the measures we take to protect the security of your Information and how you can contact us about our privacy practices.

This Policy describes our current data protection policies and practices and may be amended/updated from time to time. Any changes to this Policy will become effective upon posting of the revised Policy on the Application. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your continued use of Application or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.

2. Types of Information

We may collect, store and process, Personal, Non-Personal and other third-party information.

2.1 Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, physical temporary and personal address, telephone number, date of birth, age, e-mail address or any other contact information, financial information including bank account details, credit/debit card details or such other payment information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to: passwords, financial information (bank accounts, credit and debit cards or other payment instruments), physical information. Simha limits the collection of Personal Information to that which is necessary for its intended purpose.

2.2 Non-Personal Information: Non-personal information means information that does not specifically identify an individual or business, but includes information from you, such as your browser type, the URL of the previous Applications you visited, your Internet Service Provider (ISP), television related information including, tv brand, model number and other identifiable information, operation systems and IP (Internet Protocol Addresses). Simha may gather any non-personal information regarding how many people visit the Application, any pages they visit, their IP address, and the type of operating system they used while visiting the Application (hereinafter referred to as “Non-Personal Information”). Simha may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by Simha.

Personal Information, SPDI, Non-Personal Information and any third-party information hereinafter shall be referred to as “Information”.

3. What Information is, or maybe, collected from you?

For a better experience while using our Application, we may require you to provide us the aforementioned Non-Personal Information including device type, unique identifiers (such as iOS Advertising ID), carrier, and other related information (through methods such as mobile “SDKs”) for that device. We may collect and share precisely these information, through methods such as mobile “SDKs”. These information may be used by itself, aggregated, or combined with mobile identifiers (such as Android IDs), and shared with third parties, for purposes related to advertising, attribution (measuring ad performance) analytics and research (including but not limited to, Google Admob, Google Firebase).

The Application does use third party services that may collect information used to identify you.

In accordance with applicable laws and regulations, we may collect and process data when you use our Application. We value the opportunity to connect with you and strive to build meaningful relationships. Rest assured, we respect your privacy and adhere to responsible data practices. To enhance your experience and improve our services, we may collect the following information:

Your IP address
The source of your visit
Cookies or similar tracking technologies used during your visit, which assist us in recognizing your presence across the internet.
We do not ask users for personal information such as first and last name, email address, mobile phone number, or contact details. Demographic data is inferred from the IP address.
Information of the respective TV model, brand and related device identifiers that are obtained by the Application to navigate and control the tv using this Application on your phone.
Log of clicks within the application used to navigate the user preferences and to control the television using the tv remote Application.
An assigned anonymized device identifier (including the IP Address and corresponding estimate of location), shall be assigned to the mobile/cell phone used to run the Application. For Android users, we will be able to automatically read and identify such device identifiers, but you can adjust your privacy settings to modify such access configurations. For IOS users, we shall be able to access such a device identifier only after having procured a specific consent from you.
An Application instance identifier is also assigned for each user in a personalized manner. Such Application instance identifier shall be reset each time the user reinstalls the Application. Furthermore, this setting cannot be changed or modified by users on either Android or iOS devices.

All users are required to read and understand the privacy statements set out herein, failing which they are required

to stop using the Application immediately.

3.1 Log Data

We want to inform you that when you use our Application, if any errors occur within the Application, we may collect data and information, including “Log Data”, through third-party products installed on your phone. This Log Data may encompass details such as your device's Internet Protocol (IP) address, device name, operating system version, app configuration at the time of Application usage, timestamp of your Application usage, and other relevant statistics.

Moreover, this collection process may also encompass recording information such as key presses, button presses, taps, device connection success/failures, displayed dialogs, crash analytics data, the count of connected devices, application settings preferences, as well as specific details concerning your television (including brand, model, operating system version, application version, etc.).

3.2 Third-Party Advertising

The Application may display third-party advertisements provided by third party advertising networks or mediation partners. We collaborate with reputable third-party ad networks and advertising partners to serve advertisements in our Application. These ad networks require us to create an account with them who in turn have code and/or software running on the Application to collect certain Information in furtherance of determining what the most relevant and personalised ad for a user may be. These third-party ad networks may also analyse the Information that has been collected for the purpose of obtaining relevant insights via analytics. This helps us provide our services through this Application to users at no cost. By accessing or using our Application, you acknowledge and agree to the inclusion of these third-party advertisements.

Our third-party advertisers may collect certain data to serve personalized advertisements. This data may include but is not limited to device identifiers, location information, or other non-personal data. We do not control the data collection practices of these third-party advertisers.

The privacy practices of our third-party advertisers are governed by their own privacy policies. We encourage users to review the privacy policies of these advertisers for detailed information on their data collection and usage practices. By using our Application, you agree that Simha shall not be held liable for the actions or privacy practices of third-party advertisers.

We are not liable for any content of third-party advertisements displayed within our Application or the actions of our advertising partners. Your interactions with third-party advertisers are solely between you and the advertiser, and any issues or disputes should be addressed directly with the respective advertiser. By using our Application, you agree to release, indemnify, and hold Simha harmless from any claims, damages, or liabilities arising from or related to third-party advertisements displayed within our Application.

Furthermore, it is important to note that the Application may contain links to external websites through advertisements. Users may click on these advertisements to be directed to the respective advertiser's website. These external websites are not under the control of Simha, and we bear no responsibility for their content, privacy practices, or any transactions or interactions occurring on these websites. Users interact with such external websites at their own discretion and risk.

3.3 Consent

By mere use of the Application, you freely, expressly, specifically and unconditionally consent to Simha’s use and disclosure of your Personal Information, including ‘Sensitive Personal Data or Information’ (as defined under Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) and any ‘Personal Data’ (as defined under Section 2(t) of the Digital Personal Data Protection Act, 2023) and third-party information in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use this Application. This Policy shall be deemed to be incorporated into the ‘Terms of Use’ of the Application and shall be read in addition to the Terms of Use. By using the Application, you explicitly, unambiguously, freely, unconditionally and specifically provide informed consent to the collection, processing, and storage of your personal data in accordance with the applicable protection laws

3.4 Retention of Information

We retain your personal information for as long as it is required for the purposes stated in this Privacy Policy. Sometimes, we may retain your information for longer periods as permitted or required by law, such as to maintain suppression lists, prevent abuse, if required in connection with a legal claim or proceeding, to enforce our agreements, for tax, accounting, or to comply with other legal obligations. When we no longer have a legitimate need to process your information, we may delete or anonymize your information from our active databases. We will also securely store the information and isolate it from further processing on backup discs until deletion is possible.

We will generally keep your personal data for a reasonable time period from your last contact with us, such as the date your account was deleted, your last purchase, the last time you used one of our apps, or in any other way of interaction or contact, unless a longer or shorter storage period is required by law. This is necessary in connection with legal processes, or is otherwise required for a particular purpose under the applicable legislation. Below are examples to indicate how we process your personal data in relation to specific purposes:

Personal data obtained upon purchase are retained as required by tax laws (e.g., 8 years in India).
If you request to delete your personal data, we will try to delete your personal data within a maximum of one month after the request date.
Personal data relating to promotions will not be retained for more than one month after the end of the offer.

You have the right to withdraw the consent provided to Simha at any point by contacting our Consent Manager (as defined under Section 2(g) of the Digital Personal Data Protection Act, 2023) Raghav Ahuja (raghav@simhasoftware.com).

Upon your withdrawal of consent, Simha shall, unless retention is necessary for compliance with any law for the time being in force:

Erase all Personal Data and Sensitive Personal Data provided by you

We use explicit consent mechanisms to ensure that you are fully informed about how your data will be used. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

In the event we require your Personal Data in the future for providing any products and/or services, in accordance with Section 5 of the Digital Data Protection Act 2023, Simha shall provide you with a consent notice in multiple languages detailing (i) the Personal Data, the Sensitive Personal Data that you will be providing and the purpose for which the same is proposed to be processed by Simha; (ii) the manner in which you may exercise your rights under sub-section (4) of section 6 and section 13 of the Digital Personal Data Protection Act 2023; and (iii) the manner in which you may make a complaint to the Data Protection Authority.

3.5 Personalised Information

In the future, if we require certain personal information, you agree to provide accurate and complete details, including a unique user ID, mobile number, and email address. This will help us tailor our services to you. We may also require email and phone number verification for user authentication. By providing this information, you consent to its use for verification purposes.

3.6 Cookies and Similar Technologies

We use various mechanisms akin to cookies for data collection, including tracking technologies such as web beacons and pixel tags. These mechanisms enable us to recognize your device and retain information for subsequent visits, facilitating functionality, preferences, and application performance.

Cookies, device, or similar online identifiers (e.g., login-based identifiers, randomly assigned identifiers, network-based identifiers) together with other information (e.g., browser type and information, language, screen size, supported technologies, etc.) can be stored or read on your device to recognize it each time it connects to our app or website. This enables us to:

Enhance User Experience: Personalize your experience by remembering your preferences and settings.
Analytics and Performance: Analyse how our Application and website are accessed and used, enabling us to improve their functionality and user experience.
Security and Authentication: Ensure the security of your account by verifying your identity and protecting your information from unauthorized access.
Advertising and Marketing: Deliver relevant advertisements and measure their effectiveness.

Our application may also use third-party code and libraries that utilize randomized cookies as mentioned herein above to collect information and improve their services. These third parties may use cookies and similar technologies to gather information about your online activities over time and across different websites.

By continuing to use our app or website, you consent to our use of cookies and similar technologies for these purposes.

3.7 Do Not Track Signals

Our app does not currently respond to Do Not Track signals. However, you can manage your preferences regarding cookies and other tracking technologies through your device settings. We respect your choices and provide you with the flexibility to control how your information is collected and used.

4. How is your Information used?

We may use your Personal Information to provide personalized features to you on our Application.

We may use your Information to comply with our legal obligations, resolve disputes, and enforce our agreements. We do this where necessary to comply with legal obligations to which we are subject, or to meet our legitimate interests in enforcing our legal rights and resolving disputes and preventing fraud.

You hereby explicitly, unambiguously, freely unconditionally and specifically provide informed consent to Simha to use and share your Personal Data to operate, maintain, and improve the Application by analysing how you and our other users use and interact with it. This is to meet our legitimate business interests in providing the Application and ensuring that it provides the best experience for our users;

Your trust is essential to us, and we prioritize your consent and transparency. To ensure you have full control over your data and its usage, we seek your explicit, voluntary consent for these purposes such as improving services, personalizing experiences, and complying with legal obligations. By providing your consent, you empower us to enhance your experiences

4.1 Automation and Artificial Intelligence

To provide enhanced functionality and user experience in our Application ‘Remote for Android TV’, we may leverage a variety of advanced technologies such as regex parsing, template matching, artificial intelligence (AI), and machine learning (ML). In line with our commitment to respecting your privacy and confidentiality, we use service data for these technologies only in the following ways:

Improving Algorithm Accuracy: We may utilize anonymized and aggregated service data to enhance the accuracy and effectiveness of our AI and ML algorithms. This process involves stripping identifiable information to ensure user privacy while allowing us to improve our services.
Customizing User Experience: We use data from your specific usage patterns to develop models that tailor the application to better meet your needs. This includes optimizing performance and predicting user preferences based on interaction history.

Our automation and AI technologies are driven primarily by our own internal data sources, including internal communications, user feedback, and operational logs. Additionally, we incorporate relevant insights from external sources to further refine our services.

By integrating these technologies, we aim to deliver a seamless and intuitive user experience, while strictly adhering to our privacy and confidentiality commitments.

4.2 Automated Decision-Making and Profiling:

We do not engage in automated decision-making or profiling using your personal data that produces legal effects or similarly significantly affects you. All processing of your personal data is conducted with transparency and fairness, ensuring that human judgment is involved where necessary to safeguard your rights and interests.

4.3 Opt-Out Control

The consent notice, in compliance with the Digital Data Protection Act, 2023, will provide explicit and specific details regarding how your data will be used, allowing you to selectively opt out of certain data uses. We believe in giving you the power to tailor your experience according to your preferences. We want you to feel secure in your interactions with us. Should you have any questions or wish to withdraw your consent, please contact us. Your satisfaction and data privacy are our utmost priorities.

4.4 Beta Testing Programs

If you participate in our beta testing programs, we may collect additional data related to your usage and feedback to improve our services. This data will be treated in accordance with this privacy policy, ensuring that your information is handled with care and used solely for the purpose of enhancing our app's functionality and user experience.

5. Who will we share this information with?

In the event we require the use of your Personal Data in order to provide you with any additional products and/or services, You shall explicitly, unambiguously, freely, unconditionally and specifically provide informed consent to Simha to use and share your Personal Data as follows:

with affiliates and other third-party entities, who will process your personal data only in accordance with our instructions and for the purposes set out in this Privacy Policy;
aggregated or de-identified information (i.e., information that does not personally identify you directly), or statistical information about you, including demographic data and audience segments, may be disclosed to others for a variety of purposes, including their own uses, such as improving their products and services for us and others, and making ads more relevant to your interests. as necessary to perform contractual obligations towards you to the extent you have redeemed a voucher, goods, or services offered (if any) or participated in an offer, rewards, contest or other activity or program sponsored or offered through us or through any third party entity (where applicable);
to a subsequent owner, co-owner, or operator of one or more of the Application or any portion or operation related to part of one or more of the Application;
in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process. However, should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to your data;
to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions, where this is necessary to comply with these legal obligations;
to combat fraud or criminal activity, and to protect our rights or those of our affiliates, and users, or as part of legal proceedings affecting us and/or our affiliates, as it is in our legitimate interests to prevent fraud and protect these rights; or
in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts, to the extent this is necessary to comply with such legal obligations.

We may engage third-party companies and individuals to support the functioning and improvement of the Application. These engagements may include facilitating the operation of the Application, providing services on behalf of the Application, executing tasks related to the Application's services, and aiding in the analysis of how the Application is utilized. They are contractually obligated not to disclose or utilize your Personal Information for any other purpose, ensuring compliance with our privacy standards and legal requirements. We want to inform users that these third parties may have access to your Personal Information.

We encourage any unaffiliated third-party entities (where applicable) to adopt and post privacy policies. However, while we might share personal data with third party entities only for the above-mentioned purposes, their subsequent processing and use of personal data obtained through us is governed by their own privacy policies and practices and is not under our control.

Where possible, we contractually restrict how our third-party affiliates use your personal data and aim to ensure they do not use it for any purposes which are incompatible with those set out in this privacy policy.

We do not sell or otherwise disclose Personal Information about you, except as described herein. We may disclose Personal Information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or Privacy Policy, respond to claims that an advertisement, posting or other content violates the rights of a third party, or protect the rights, property or your personal safety.

In the event that Simha is required to disclose your Personal Information to any other Data Fiduciary (as defined under Section 2 (i) of the Digital Personal Data Protection Act, 2023) or use your Personal Information to make a decision that affects you to provide the Products or services that you have purchased, Simha shall ensure that the Personal Information provided by you is complete and accurate. Notwithstanding the foregoing, you hereby undertake to indemnify and hold Simha harmless from any and all claims, demands, liabilities, losses, damages, costs, and expenses, including legal fees and expenses, arising out of or in connection with the disclosure of your Personal Information to any other Data Fiduciary, as defined under Section 2 (i) of the Digital Personal Data Protection Act, 2023, or the utilization of your Personal Information to make decisions that have an impact on you for the purpose of providing services you have specifically requested. This indemnification encompasses any breach of your duty to ensure the completeness and accuracy of the Personal Information you furnish to Simha in such instances.

Simha will use this data for account management, communication, analytics, legal compliance and the purposes mentioned herein. You have the right to access, correct, and delete your data. You can withdraw your consent by contacting Simha’s Consent Manager but note that this may impact your Application access and experience.

Furthermore, You acknowledge and agree that you hereby grant Simha access to communicate any number of service offerings and/or otherwise in an effort to demonstrate any services, features and/or content rendered by Simha via message, WhatsApp and similar applications.

You acknowledge and agree that despite Simha’s best efforts to safeguard your personal data, no data transmission over the internet can be guaranteed as completely secure. Therefore, Simha disclaims any warranty or guarantee regarding the security of your data against unauthorized access, loss, or disclosure.

5.1 Employee and Contractor Access

Access to personal data is restricted to employees and contractors who require the information to perform their job duties. All personnel with access to personal data are bound by confidentiality agreements and undergo training on data privacy practices. This ensures that your personal data is handled securely and in accordance with our privacy standards.

6. Data Portability

You have the right to request and receive a copy of the personal data you have provided to us in a structured, commonly used, and machine-readable format, and you have the right to transmit that data to another controller without hindrance from us, where technically feasible.

7. How do we protect your information?

Our Application has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. The secure server software (SSL) encrypts all information you put in before it is sent to us. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession, we adhere to strict security guidelines, protecting it against unauthorized access. Our servers are accessible only to authorized personnel and that your information is shared with respective personnel on a need to know basis to complete the transaction and to provide the services requested by you.

Although we will endeavour to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet or telecom or other network(s) cannot be made absolutely secure. By using this Application, you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable security practices and procedures and current internet security methods and technologies in compliance with the Digital Data Protection Act, 2023 and the Information Technology Act, 2000 and rules made there under.

By using our Application, you agree to the following points:

Simha will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

Simha can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Application.

Simha can take physical, managerial, and technical measures to preserve the integrity and security of your data till the time you use the Application or the services provided by the Application (directly or indirectly).

7.1 Data Breach Procedures

In the event of any personal data breach, (as defined under Section 2 (u) of the Digital Personal Data Protection Act, 2023) Simha shall give you and the Data Protection Board of India as established by the Central Government under Section 18 of the Digital Personal Data Protection Act, 2023 intimation of such breach.

You agree to indemnify Simha and hold it harmless from any liabilities, claims, losses, damages, expenses, or costs arising out of or related to any personal data breach (as defined under Section 2(u) of the Digital Personal Data Protection Act, 2023).

7.2 Control Over Your Data

You have the right to nominate any other individual, who shall, in the event of your death or incapacity, exercise the rights bestowed on you.

You shall have the right to obtain from Simha, (in accordance with Section 11 of the Digital Personal Data Protection Act 2023) to whom you have previously given consent for the processing of your Personal Information, upon making a request the following information:

A summary of the Personal Data (if any) that is being processed by Simha and the processing activities that Simha is undertaking with respect to that personal data.
The identities of all other data fiduciaries and data processors with whom Simha has shared your personal data, along with a description of the personal data that has been shared (if applicable).
Any other information related to your personal data and its processing (if applicable).

8. How can you correct inaccuracies in your information?

You have the right to review and correct your Personal Data. In the event of loss of access details, you can send an email to: raghav@simhasoftware.com

9. Your Duties

Pursuant to Section 15 of the Digital Personal Data Protection Act, you shall perform the following duties, namely:

comply with the provisions of all applicable laws for the time being in force while exercising rights under the provisions of the Digital Personal Data Act 2023 and all applicable laws;
ensure not to impersonate another person while providing your personal data to Simha for the specified purpose;
ensure not to suppress any material information while providing your personal data for any document, unique identifier, proof of identity or proof of address issued by the State or any of its instrumentalities;
ensure not to register or raise any false or frivolous grievances or complaints with Simha or the Data Protection Board of India; and
furnish only such information as is verifiably authentic, while exercising your right to correction or erasure under the provisions of the Digital Personal Data Protection Act, 2023 or the rules made thereunder.

10. Children’s Privacy

In line with the provisions of Children’s Online Privacy Protection Act (COPPA) (15 U.S. Code § 6501), our services are not intended for individuals under the age of 13, and we do not knowingly collect personal identifiable information from children under this age. If we become aware that a child under 13 has provided us with personal information, we promptly delete such information from our servers. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us immediately so that we can take appropriate action. Your cooperation in this matter is greatly appreciated.

11. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Simha and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Application and consequences or damages arising thereof; (ii) Any actions related to the creation, uploading, sharing, or promotion of products or services through the Application, including claims of intellectual property infringement, defamation, or violation of rights; or (iii) Any breach of this Privacy Policy or any violation of applicable laws or regulations. This indemnification obligation shall survive the termination or suspension of your account and the use of the Application.

12. Limitation of Liability

Simha is not responsible for any breach of security or for any actions or inactions of any third parties that receive your Personal Information.

Simha shall and will not be liable for (i) a loss including, but not limited to, loss of use, loss of goodwill, loss of data, if such loss is caused as by tort (including negligence), breach of contract or otherwise, if reasonably foreseeable, or (ii) damage caused by viruses or other technologically harmful material that may infect your mobile device, tablets, any computer equipment, computer programs, data or other proprietary material loss of business or anticipated savings, due to the products and services provided by Simha.

To the fullest extent permissible by law, Simha shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under this Privacy Policy or out of your use of, or inability to use, the Application, even if Simha has been advised of the possibility of such damages or losses.

In no event shall the aggregate liability of Simha for any damages arising under these terms or out of your use of, or inability to use, the Application exceed the value of the Product and/ service ordered by you on the Application, if any, during the three (3) months prior to such claim being raised.

Notwithstanding anything contained in this Policy or elsewhere, Simha 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 stated hereinabove, the term “Force Majeure Event” shall mean any event that is beyond the reasonable control of Simha and shall include, without limitation, sabotage, fire, flood, pandemic, explosion, acts of god, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of Simha and which Simha is not able to overcome.

13. Applicability of the Terms of Use

This Policy shall be supplementary to the Terms of Use. Words and expressions used in this Policy but not defined herein shall have the meanings ascribed to them in the Terms of Use. To the extent any provision of this Policy does not conflict with the Terms of Use, the Terms of Use shall apply to this Policy. In the event of any conflict between this Policy and the Terms of Use, the interpretation placed by Simha shall be final and binding on you.

14. Grievance Redressal Mechanism

In accordance with the Digital Personal Data Protection Act, 2023, Information Technology Act, 2000 and Rules made

thereunder, the name and contact details of the Consent Manager are provided below:

Name: Raghav Ahuja

Address: at 331, GIDC Pandesara, Vadod, GIDC Pandesara Road Diamond Threads and Machines Pvt Ltd, Pandesara, Surat

Tel.: +91 97259 11116

E-mail: raghav@simhasoftware.com

If you wish to make a complaint regarding any violation of the provisions of this Policy, you may send a written complaint to the Consent Manager, who shall redress the complaint in accordance with the provisions of the Digital Personal Data Protection Act, 2023 read along with the Information Technology Act, 2000 and Rules made thereunder.

14.1 Contact Information

M/s. SIMHA SOFTWARE

Address: at 331, GIDC Pandesara, Vadod, GIDC Pandesara Road Diamond Threads and Machines Pvt Ltd, Pandesara, Surat

Tel.: +91 97259 11116

E-mail: raghav@simhasoftware.com

ANNEXURE A

This Annexure outlines the data processing practices and compliance measures implemented by Simha ("Company", “we” or “Our”) to adhere to the General Data Protection Regulation (EU) 2016/679 (“GDPR”) for users who are accessing this Application from the EU. It is hereby clarified that in addition to the provisions outlined in this Annexure A, all clauses from the Privacy Policy applicable to users in the EU in compliance with the GDPR shall be deemed effective for users accessing the Company's services and products from the United Kingdom. Furthermore, users who utilize the Company’s Application, services and products, from the United Kingdom, acknowledge and consent to the processing of their personal data in accordance with the provisions of Annexure A read in consonance with the provisions of the Data Protection Act, enacted in the UK.

1. Scope of Application

1.1. This Annexure applies to all users residing in the EU and UK (to the extent applicable and to be read with the Data Protection Act, 2018) who interact with the Company's Application and any other services and products.

2. Legal Basis for Processing

2.1. The Company processes personal data in accordance with the legal provisions outlined in Article 6 of the GDPR, including:

Consent: We will obtain explicit consent from you as users in the event we process your personal data for specific purposes whether now or anytime in the future.
Contractual Necessity: Personal data may be processed to fulfil contractual obligations with users.
Legal Obligations: We may process personal data to comply with legal requirements or regulatory obligations.

3. Rights of Data Subjects

3.1. In compliance with the requirements of GDPR, we respect the rights of our users and data subjects, including but not limited to:

Right to Access: In the event we collect any personal information at any time, users shall have the right to request access to their personal data and obtain information about its processing.
Right to Rectification: Users shall have the right to request the correction or updating of inaccurate or incomplete personal data.
Right to Erasure: Users may request the deletion of their personal data under certain circumstances, such as when it is no longer necessary for the purposes for which it was collected.
Right to Data Portability: Users shall have the right to receive their personal data in a structured, commonly used, and machine-readable format and to transmit it to another controller.
Right to Object: Users retain the right to object to the processing of their personal data in certain situations, such as for direct marketing purposes and you retain the right to withdraw your consent at any time by contacting us.

4. Data Processing Principles

4.1. We are committed to upholding the highest standards of data protection, guided by principles of legality, fairness, and transparency in all aspects of personal data processing. Additionally, we prioritize practices that ensure data minimization, accuracy, limited storage duration, integrity, and utmost confidentiality. These principles form the cornerstone of our data handling procedures, reflecting our unwavering dedication to safeguarding the privacy and rights of our users.

5. Cross-Border Data Transfers

5.1. We may transfer your personal data to countries outside of the United Kingdom and/or EU (as the case maybe) strictly in compliance with the GDPR. These transfers shall adhere to GDPR requirements and may rely on established mechanisms such as adequacy decisions, robust safeguards, or specific derogations outlined within the GDPR framework.

6. Data Security Measures

6.1. We implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data, including encryption, access controls, and regular security assessments.

7. Data Breach Notification

7.1. In the event of a data breach involving personal data of United Kingdom and/or EU users, the Company will notify the relevant supervisory authority and affected individuals in accordance with the requirements of the GDPR.

8. Data Protection Officer (DPO)

8.1. We have appointed a Data Protection Officer (DPO) responsible for overseeing compliance with the GDPR. The DPO can be contacted at:

Name: Raghav Ahuja

Address: at 331, GIDC Pandesara, Vadod, GIDC Pandesara Road Diamond Threads and Machines Pvt Ltd, Pandesara, Surat

Tel.: +91 97259 11116

E-mail: raghav@simhasoftware.com

Users in the UK shall also retain the right to make complaints to the UK data protection regulator, Information Commissioner’s office (ICO)

9. Contact Information

9.1. For inquiries, requests, or complaints regarding GDPR compliance for EU users, users can contact the Company at raghav@simhasoftware.com

10. Change to GDPR Consent

10.1. The user utilizing the Application, may change and/or modify their GDPR related consents/permissions on the Application by going to the Application Settings (click on the settings icon/button on the home screen) and then further accessing the “Manage Data Consent” option available on the Application.

By using the Company's Application, services and products, users from the EU and UK acknowledge and consent to the processing of their personal data in accordance with the provisions outlined in this Annexure A.

ANNEXURE B

This Annexure outlines the data processing practices and compliance measures implemented by Simha ("Company", “we” or “Our”) to adhere to the California Consumer Privacy Act of 2018 (“CCPA”) for users who are accessing this Application from the United States of America. It is hereby clarified that in addition to the provisions outlined in this Annexure B, all clauses from the Privacy Policy applicable to users in the United States of America in compliance with the CCPA shall be deemed effective for users accessing the Company's services and products from the United States of America.

The provisions of the Privacy Policy are applicable to users in the USA to the extent that they are compliant with the CCPA and any other relevant applicable laws.

1. Scope of Application: This Annexure applies to all users residing in the United States of America who interact with the Company's Application and any other services and products.

2. Rights of Data Subjects: In compliance with the requirements of the California Consumer Privacy Act (CCPA), we respect the rights of our users and data subjects, including but not limited to:

Right to Know: Users have the right to request information about the categories of personal information collected, disclosed, or sold by the Company.

Right to Opt-Out: Users have the right to opt out of the sale of their personal information.

Right to Deletion: Users may request the deletion of their personal information under certain circumstances, as provided by the CCPA.

3. Data Processing Principles: We are committed to upholding the principles of legality, fairness, and transparency in all aspects of personal data processing, as mandated by the California Consumer Privacy Act (CCPA). Additionally, we prioritize practices that ensure data minimization, accuracy, limited storage duration, integrity, and utmost confidentiality.

4. Cross-Border Data Transfers: Any transfer of personal data outside of the United States of America will be conducted in compliance with the requirements of the California Consumer Privacy Act (CCPA) and other applicable laws.

5. Data Security Measures: We implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data, including encryption, access controls, and regular security assessments, in accordance with the CCPA.

6. Data Breach Notification: In the event of a data breach involving personal information of users in the United States of America, the Company will provide notification as required by the California Consumer Privacy Act (CCPA) and other applicable laws.

7. Contact Information: For inquiries, requests, or complaints regarding compliance with the California Consumer Privacy Act (CCPA) for users in the United States of America, users can contact the Company at raghav@simhasoftware.com