Privacy and Terms

Privacy and Terms

Simprosys (“Company”, “we”, “us”, “our”) respects your privacy and is committed to protecting your Personal Data (as defined below) in accordance with applicable data protection and privacy laws, including the General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) and other applicable data protection laws (collectively, “Data Protection Laws”).

This Privacy Policy (“Policy”) sets out the basis on which we collect, process, use, share and protect Personal Data in connection with the use of our application (“App”) by you (“you”, or “your store”).

Please read this Policy carefully to understand our views and practices regarding your Personal Data and how we will treat it. This Policy applies to our App only. It does not apply to any other website, application, or service that you may access through our App, which may have its own privacy policy.


Consent

By using our App, you hereby consent to our Privacy Policy and agree to its terms.


Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.


Permissions

When you install the App, we are automatically able to access certain types of information from your e-commerce store. The app does not share your information without your specific action or explicit request with the advertising platforms. Below given is the list of Permissions we take about your store and its information and products.


Store Information

  • We are collecting basic information from a store like Shop Owner’s Name, Store Name, Store Domain, Address, Contact Email, Support Email, Phone No, Store Plan, etc. This information shall be used to:

  • Create an account on our App.

  • Send a notification email to the store owner whenever there is a process completion or some error in the product data feed. 

  • We use this personally identifiable information of store owners to have effective communication related to different processes on our app. 

  • We never send any promotional emails related to cross-selling of our services or launching any other service that is not in the scope of the app. 

  • We do send emails related to updates launched, bug fixes, updates in the documentation, and any other change that may affect the utility of this app.

Read Products

These permissions allow us to read the product information like product Title, Description, Images, Prices, Barcode and SKUs, Variants, and their details, etc… However, this permission does not get us access to any Personally Identifiable Information of any individual.


Read/Write Theme

This permission is taken to re-verify the store in the event of a theme change. Whenever any store changes the theme and has used the HTML tag method of verification, the App re-inserts the HTML tag to keep the store verified and claimed in the Merchant Center. That avoids the downtime of the Advertising Campaigns.


About the information related to any identifiable individual

In most of the use cases, we don’t collect, process, or store any information that can be considered personally identifiable information of any customer of our app user. However, we take access to the order and customer data of a merchant when the merchant decides to use Additional features like, 

Google Calculated Delivery Speed Estimates: we have to collect the order details like the date of the order, shipping address zip-codes, and fulfill details to share with Google for the “Google Calculated Delivery Speed Estimates” feature. We take permission for access to such details, and by default, we get access to all the details of the order including the customer’s information. However, we don’t process such personally identifiable information of the customers of a merchant nor do we store it on any of our servers or repository.

Third-Party Privacy Policies

Simprosys’ Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt out of certain options.

Data Retention

We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether we can achieve those purposes through other means, and the applicable legal requirements.

When you choose to connect a 3rd party account / any advertising platforms (example: Google, Microsoft and Facebook), we store the tokens provided to the app by the 3rd party to be used for the services provided by the app, e.g. create product feeds and/or ad campaigns.

When you choose to uninstall the app, we keep your personal information saved for 30 days. Past these 30 days, all your data will be automatically deleted from the database.


CCPA Privacy Policy (Do Not Sell My Personal Information)

The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding their Personal Information. If you are a California resident, you have the right to:

Know what Personal Information we collect about you and the purposes for which we use it;

  • Request deletion of your Personal Information;

  • Opt-out of the sale of your Personal Information, if applicable;

  • Access your Personal Information; and

  • Non-discrimination for exercising your rights under the CCPA.

To exercise these rights, please contact us using the details provided in the “Contact Us” section below. Please note that we may require additional information from you in order to verify your identity before processing your request.


GDPR Privacy Policy (Data Protection Rights)

If you are located in the European Union, you have certain rights under the General Data Protection Regulation (“GDPR”). These include the right to:

  • Be informed about the processing of your Personal Data;

  • Access your Personal Data;

  • Rectify inaccurate or incomplete Personal Data;

  • Erase your Personal Data;

  • Restrict the processing of your Personal Data;

  • Object to the processing of your Personal Data; and

  • Data portability of your Personal Data.

To exercise these rights, please contact us using the details provided in the “Contact Us” section below. Please note that we may require additional information from you in order to verify your identity before processing your request.

Data Processed via Google’s API

Our App places a high value on your privacy and treats your data with the utmost care and responsibility. Any data we obtain through Google APIs is used by our app or shared with other applications in strict adherence to the Google API Services User Data Policy. This includes strict compliance with the policy’s Limited Use requirements.
Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

Simprosys Google Shopping Feed does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.


Subscriptions

The services offered by our app are based on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel/upgrade it or Simprosys Google Shopping Feed  cancels it on your request. You may cancel your Subscription renewal through your Shopline store itself.

Free Trial

The app offers you a 21-days free trial to get familiar with the features and offerings. A trial extension will be provided by our team on a case-to-case basis after reviewing the account.

The free trial begins as soon as the app is installed on your Shopline store. Simprosys Google Shopping Feed is not bound to provide a trial extension in any case.

Fee Changes

Simprosys Google Shopping Feed, in its sole discretion and at any time, may modify the Subscription fees for the services. This fee change will be only applicable to Merchants not on the paid subscriptions at the time of fee change.

Merchants already on paid subscriptions shall remain on the same old plan even if we implement a new pricing structure as long as the app remains installed on their store. Once the app is deactivated/re-activated or uninstalled/re-installed or plan is upgraded/downgraded they will have to approve the subscription charges as per the new pricing structure.

Our team will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Refunds

Refunds are processed under the following terms and conditions. 

1. Subscription fees are non-refundable; except that you may cancel your renewed subscription by contacting our support team at support@simprosys.com within three (3) calendar days after the renewal date and receive a refund of the new subscription fees.

2. In any case, refunds shall not be provided for more than 1 month.

3. Refunds shall not be processed for more than what you’ve been charged. Simprosys Google Shopping Feed is not liable to pay any claims higher than the amount you’ve been charged for the subscription or any add-on features.

4. Refunds will be only processed to the original mode of payment unless and until it gets impossible to refund on the same mode.


Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Simprosys Google Shopping Feed and its licensors. The Service is protected by copyright, trademark, and other laws of India. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Simprosys Google Shopping Feed.


Indemnification

You agree to defend, indemnify and hold harmless Simprosys Google Shopping Feed and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms or c) Content posted on the Service (including without limitation any claim that such Content infringes the intellectual property rights of any other person).


Limitation Of Liability

In no event shall Simprosys Google Shopping Feed, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Simprosys Google Shopping Feed, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Service Commitment

We undertake to use reasonable endeavors to make the Service available with a monthly uptime percentage of at least 99.9% during any calendar month (the ‘Service Commitment’).

The Service Commitment does not apply to any unavailability that is directly and exclusively caused by (i) factors outside of our reasonable control, including any force majeure event, (ii) your breach of these Terms(iii) any defect in the equipment, software or other technology operated by you or any third party and/or (iv) any emergency or scheduled maintenance.

Services are monitored 24/7 and 365 days a year and we aim to respond to critical service issues within 30 minutes and to provide regular updates until any issue is resolved and will commit all reasonable resources to ensure the speediest resolution to critical issues. We will aim to resolve critical bugs within 5 working days.

We plan our maintenance to minimize disruption. All planned maintenance will be announced as in-app notifications. We will notify you of any planned maintenance that exceeds 20 minutes, via email. If maintenance is expected to be less than 20 minutes, an in-app notification will be displayed.

If you have additional questions or require assistance, please write to us at support@simprosys.com and we’d be happy to assist you.