1. Who is IDN?

1.1. India Drivers Network Services Private Ltd. (“IDN”) is the owner of the service “mGaadi” which is a commuter facilitation service. The services are technology based services which enables the hiring of auto rickshaws and taxis by commuters / passengers (“End Users”) for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city all over India, through the internet and mobile telecommunications devices. IDN operates the website www.mGaadi.com (“Website”) and an Android application, iOS application and Windows Phone application for mobile telecommunications devices (collectively called “Mobile Applications”). The Website and the Mobile Applications are an integral part of mGaadi which enables End Users to hire auto rickshaws and taxis.

2. Why this privacy policy?

2.1. This privacy policy is published in compliance of:

2.1.1. Section 43A of the Information Technology Act, 2000;

2.1.2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and

2.1.3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

2.2. This privacy policy states the following:

2.2.1. The type of information collected from the visitors and users of the Website and the Mobile Applications, including sensitive personal data or information;

2.2.2. The purpose, means and modes of usage of such information; and

2.2.3. How and to whom IDN will disclose such information.

2.3. What is personal information?

2.3.1. “Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

2.3.2. The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to: passwords; financial information such as bank accounts, credit and debit card details or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; information received by body corporate under lawful contract or otherwise; visitor details as provided at the time of registration or thereafter; and call data records.

2.3.3. Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.

3. Privacy Statements

3.1. All Visitors and End Users Note:

3.1.1. This section applies to all visitors and End Users (“Users”).

3.1.2. Accordingly, a condition of each User’s use of and access to the Website, Mobile Applications and to the other services provided by IDN to End Users (together with the Website and Mobile Applications, the “Services”) is their acceptance of the terms of use available at <insert link>, which also involves acceptance of the terms of this privacy policy. Any User who does not agree with any provisions of the same is required to leave the Website and/or stop using the Mobile Applications immediately.

3.1.3. Due to the communications standards on the Internet, when a User visits the Website, IDN automatically receive the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. IDN also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall Users’ trends to help IDN improve its Services. The linkage between User’s IP address and User’s personally identifiable information is not shared with third-parties without such User’s permission or except when required by law or except where required to provide or facilitate the Services. Notwithstanding the above, the Users acknowledge IDN’s right to share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.

3.1.4. The Website and the Mobile Applications use temporary cookies to store certain data. IDN does not store personally identifiable information in the cookies. Information collected by IDN, by any means whatsoever, that does not personally identify the Users as an individual (such as, patterns of utilization described above) is exclusively owned by IDN and may be used by IDN and its service providers for the technical administration of the Website, User administration, research and development, business development, statistical analysis and business intelligence purposes. Additionally IDN may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.

3.1.5. IDN may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, business development and for User administration.

3.1.6. IDN may allow other companies to serve advertisements to the Users. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. IDN may “target” some ads to Users that fit a certain general profile. IDN does NOT use personally identifiable information to target ads. In the course of serving advertisements or optimizing services to its Users, IDN may allow authorized third parties to place or recognize a unique cookie on the User’s browser.

3.1.7. This privacy policy applies to websites, Mobile Applications and services that are owned and operated by IDN. IDN does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which IDN is not responsible or liable. Accordingly, IDN does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does IDN guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by IDN of the website, the website’s provider, or the information on the website. IDN encourages the Users to read the privacy policies of that website.

3.1.8. The Website may enable Users to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. IDN hereby expressly disclaims any liability for any misuse of such information that is made available by Users in such a manner, neither does IDN warrant or guarantee any such data or communication.

3.1.9. IDN does not collect information about the Users of the Website and the Mobile Applications from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the End Users (the collection, storage and disclosure of which each End User must agree to under the terms of use in order for IDN to effectively render the Services).

3.1.10. IDN does not knowingly collect personal data from children.

3.1.11. IDN has implemented industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.

3.1.12. IDN will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any law or judicial decree or when IDN, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the terms of use.

3.1.13. IDN may also disclose or transfer the personal and other information provided by the Users, to any thirty party as part of reorganization or a sale of the assets of an IDN corporation division or company. Any third party to which IDN transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to IDN.

3.1.14. IDN shall address any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, IDN has designated Natasha Welcome as the Grievance Officer, who will redress the grievances of the Users expeditiously but in any event within one month from the date of receipt of grievance, and who can be reached by: Sending a letter marked to the attention of “The Grievance Officer” to India Drivers Network Services Private Ltd , Apt 2A, Second Floor, No. 1, 1st Cross, 1st Main Road, Domlur 2nd Stage, Bangalore – 560071; or Sending an email to mgaadi@indiadrivers.net

3.1.15. The Users acknowledge that this privacy policy is part of the terms of use and unconditionally agree that becoming a User of the Website, Mobile Applications and its Services signifies their assent to this privacy policy. The User’s visit to the Website, use of the Mobile Applications and any dispute over privacy is subject to this policy and terms of use. IDN may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way IDN treats User’s personally identifiable information, IDN will display a notice on the Website, Mobile Application or send Users an email, as provided for above. Unless stated otherwise, IDN’s current privacy policy applies to all information that IDN has about Users and their account (if applicable). Notwithstanding the above, IDN shall not be required to notify the Users of any changes made to the privacy policy.

3.1.16. If a User uses the Website or the Mobile Applications after notice of changes have been sent to such User or published on the Website or the Mobile Applications, such User hereby provides his/her/its consent to the changed practices.

3.2. Visitors Note:

3.2.1. No sensitive personal data or information is automatically collected by IDN from any visitors of the Website, who are merely perusing the site.

3.2.2. Nevertheless, certain provisions of this privacy policy are applicable to such visitors, and visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave the Website immediately.

3.2.3. If you, as a visitor, have inadvertently browsed any other pages of the Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by IDN. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as IDN cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.

3.2.4. You are not merely a visitor if you have willingly submitted any personal data or information (including phone numbers, email ids, responses to surveys, etc.) to IDN through any means, including email, post, telephone calls, telephonic messaging or through the registration process on the Website or downloaded the Mobile Application(s) on your mobile telecommunications device. All such visitors will be deemed to be, and will be treated as, End Users for the purposes of this privacy policy, and in which case, all the statements in this privacy policy apply to such persons.

3.3. End Users Note:

3.3.1. End Users may make or confirm bookings through the Website and/or Mobile Applications. End Users may make bookings on the Website without creating an account. Unregistered End Users using the Website can make/confirm bookings by providing their name and phone number. However in order to have access to all the features and benefits on our Website, End Users must first create an account on the Website. To create an account on the Website and/or download and use the Mobile Applications, the End User may be required to provide the following information, which such End User recognizes and expressly acknowledges to be personal information allowing others, including IDN, to identify the User name, User ID, email address, country, home and office address, ZIP/postal code, age, phone number, password chosen by the End User, valid financial account information, etc. Other information requested on the registration page, including the ability to opt for receiving promotional offers from IDN, is optional. IDN may, in future, include other optional requests for information from the End User to help IDN to customize the Website to deliver personalized information to the End User. Without the End User’s consent, IDN will not share, rent or sell any personal information with third parties in any way other than what is disclosed in this privacy policy.

3.3.2. IDN may require the End User to pay for the Services with a credit card, wire transfer, debit card or cheque. IDN will collect such End User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the End User through the authentication process. The End User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the industry standard degree of care as per current technology. The End User is advised, however, that Internet technology is not 100% (hundred percent) safe and User should exercise discretion on using the same.

3.3.3. The End Users’ personally identifiable information they choose to provide on the Website and/or the Mobile Applications is used to help the Users describe / identify themselves. Additionally IDN may choose to conduct contests and surveys to collect relevant information about the End Users’ preferences. These surveys and contests are optional and if an End User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that IDN collects in the registration process and through any surveys or contests is used to help IDN improve its Services to meet the needs and preferences of the End Users.

3.3.4. The End User can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become an End User. If the End User updates any of his/her/its information, IDN may keep a copy of the information which such End User originally provided to IDN in its archives for uses documented herein. IDN takes the End Users’ rights seriously and encourages the End User to use them if the End User deems this to be appropriate. The End User may exercise these rights by emailing IDN at mgaadi-privacy@indiadrivers.net

3.3.5. The End User acknowledges that all the information provided to IDN by the End User, including sensitive personal information, is voluntary. The End User has the right to withdraw his/her/its consent at any time, in accordance with the terms of this privacy policy and the terms of use, but please note that withdrawal of consent will not be retroactive.

3.3.6. All the statements in this privacy policy apply to all End Users, and all End Users are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to IDN, failing which they are required to leave this Website immediately.

3.3.7. IDN will communicate with the End Users through email and notices posted on the Website or through other means available through the service, including text and other forms of telephonic messaging. The End Users can change their e-mail and contact preferences at any time by logging into their “Account” at www.mgaadi.com and changing the account settings.

4. Registration Process

4.1. As part of the registration process, IDN may collect the following personal information from End Users:

4.1.1. Name;

4.1.2. Gender;

4.1.3. Age;

4.1.4. Contact information including favourite locations including home address and office address, email address and mobile number;

4.1.5. Password chosen by the End User;

4.1.6. Demographic information such as postal code, preferences, interests, etc.;

4.1.7. Information regarding type of cell phone used; and

4.1.8. Other information as the End User may provide.

4.2. All the information listed in Clause 4.1 of this privacy policy (“End User Information”) is maintained by IDN in electronic form on online severs/clouds systems and shall be accessible by certain employees of IDN as mentioned below. End User Information may also be converted to physical form from time to time. Regardless of the manner of storage, IDN will keep all End User Information confidential, and will only disclose End User Information to the persons mentioned below:

4.2.1. Its employees on a need-to-know basis. All IDN employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End User’s sensitive personal data and information.

4.2.2. Third party contractors to the extent necessary to provide the End Users with the Services. IDN may provide their personal information to third party contractors who work on behalf of or with IDN to provide End Users with such services, to help IDN communicate with End Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.

Notwithstanding the above, IDN shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of IDN including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.