PRIVACY POLICY

THIS PRIVACY POLICY TALKS ABOUT THE COLLECTION, USE AND DISCLOSURE OF USER INFORMATION GATHERED THROUGH THE PRODUCT OR MOBILE APP. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE PRODUCT, YOU AGREE TO THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THE PRIVACY POLICY, YOU MAY NOT USE THE PRODUCT.

Unless the context otherwise requires, capitalized terms used in this Privacy Policy shall have the same meanings ascribed to them in the Terms of Use.

1. INTRODUCTION:

We, CarIQ Technologies Private Limited (“Company”; “We”; “us”; “our”), have created and developed products, SmartPlug, CarIQ, Chip, (“Smart Devices and Mobile App”) for providing you (“Users”; “your”) with our Services. You may subscribe to our Services offered by us including but not limited to receiving updates, notifications, alerts, information from service providers such as garages, insurance companies, marketers and roadside assistance providers and other relevant information with respect to the functioning and working of your location data and your car.

We are committed to protect your privacy and have made this privacy policy (“Privacy Policy”) to describe the procedures we adhere to for collecting, using, and disclosing your information. We recommend you to read this Privacy Policy carefully so that you understand our approach towards the use of your Personal Information (as defined below).

2. PERSONAL INFORMATION COLLECTED:

In order to Subscribe to the Services provided by us, you may be required to register and create a User Account with password (“User Account”). In order to use the Product you shall be required to share certain information or the Product may collect information including but not limited to, information from the car’s onboard computer, the car’s operations, location data, Vehicle identification number (VIN) and other relevant details (“Personal Information”). You should know that we use this Personal Information only for providing you with the Services and the features of the Product. You undertake that you shall be solely responsible for the accuracy and truthfulness of the Personal Information you share with us.

3. GOVERNING STATUTE:

This Privacy Policy is governed by and is compliant with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information of the Users of the Services; and other applicable rules and regulations related to privacy.

4. USE OF PERSONAL INFORMATION:

We shall use the Personal Information in the following cases: (i) to provide you with our Services and to assist you in the event you need additional support; (ii) to more effectively provide our Services to you; (iii) to improve our Services; (iv) to maintain and manage our User Accounts created for use of the Services; (v) to assist you with technical difficulties that may arise in relation to the Services; (vi) to manage our relationship with you; (vii) to comply with our legal or statutory obligations; (viii) to protect life and property, that of our Users and ourselves; (ix) to contact you about important announcements and other important things about your User Account with respect to the Services; (x) to share with you advertisements/notifications updates based on your location including but not limited availability of petrol pump, hotel, food mall etc.

5. COOKIES:

We may set “cookies” on the use of the Services by Users. Cookies are small encrypted files, that a site or its service provider transfer to your device’s hard drive that enables the sites or service provider’s systems to recognize your device and capture and remember certain information.

6. DISLCOSURES:

We do not sell, rent, lease your Personal Information to anybody and will never do so. Keeping this in mind, we may disclose your Personal Information in the following cases:

· Administrators. We shall provide access to your Personal information to our authorized administrative(s) for internal business purposes, who shall be under confidentiality obligations towards the same.

· Affiliates. We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to your requests for information or the Services, or to help limit your receipt of marketing materials you have requested not to receive.

· Service Providers or Business Partners. We may use certain trusted third party companies and individuals to help us provide, analyse, and improve the Services including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Website’s features. These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. We may disclose your Personal Information to service providers who perform business functions or hosting services on our behalf and who may be located outside of India.

· Persons Who Acquire Our Assets or Business. If we sell or transfer any of our business or assets, certain Personal Information may be a part of that sale or transfer. In the event of such a sale or transfer, we will notify you.

· Legal and Regulatory Authorities. We may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Personal Information about our Users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, our Users or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.

7. DATA RETENTION:

We will retain your Personal Information for as long as your registration with us is valid. We may also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your Personal Information quickly upon reasonable written request. Please note, however, that there might be latency in deleting Personal Information from our servers and backed-up versions might exist after deletion.

8. SECURITY:

We value your Personal Information, and protect it on the Website against loss, misuse or alteration by taking extensive security measures. In order to protect your Personal Information we have implemented adequate technology and will update these measures as new technology becomes available, as appropriate. All Personal Information is securely stored on a very secure cloud setup and all communication happens via bank-grade secure SSL communication channels. The Personal Information is stored in India. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and we take no liabilities or responsibilities for it.

You are responsible for all actions that take place under your User Account. Therefore, we do not recommend that you disclose your User Account details and password to any third party. If you choose to share your User Account details and password or any Personal Information with third parties, you are solely responsible for the same. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions. If you feel that your User Account has been compromised, please contact us on abuse@mycariq.com or +91 22-33814042 immediately.

9. ACCESSING AND MODIFYING PERSONAL INFORMATION :

In case you need to access, review, and/or make changes to the Personal Information, you shall have to login to your User Account and change the requisite details. You shall keep your Personal Information updated to help us better serve you.

10. ANCILLARY SERVICES:

We may provide you with certain ancillary services such as blogs and reviews for the Product. Subject to any applicable laws, any communication shared by you via the Product or through the blogs, reviews or otherwise to us (including without limitation contents, images, audio, financial information, feedback etc. collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. You shall be responsible for the content and information contained in any Feedback shared by you through the Product or otherwise to us, including without limitation for its truthfulness and accuracy.

Sharing your Feedback with us, constitutes an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback.

11. INDEMNIFICATION:

You agree to indemnify us, our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees and hold us harmless from and against any claims and demand, including reasonable attorneys' fees, made by any third party due to arising out of or relating to: (i) Personal Information and contents that you submit or share through the Product; (ii) your violation of the Privacy Policy, (iii) or your violation of rights of another User.

12. LIMITATION OF LIABILITY:

You expressly understand and agree that the Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, information, details or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services offered by the Company; (ii) unauthorized access to or alteration of your Personal Information.

13. GOVERNING LAWS AND DISPUTES:

This Agreement shall be construed and governed by the laws of India and courts of law at Pune shall have exclusive jurisdiction over such disputes without regard to principles of conflict of laws.

14. CHANGES TO THIS POLICY:

We may update this Privacy Policy without notice to you. You are encouraged to check our Privacy Policy on a regular basis to be aware of the changes made to it. Continued use of the Services shall be deemed to be your acceptance of the Privacy Policy.

This Privacy Policy was last modified on 28 December 2022.

15. CONTACT US:

If you have questions or concerns or grievances regarding this Privacy Policy you can email us at our grievance email-id abuse@mycariq.com.