Indofast Energy

Privacy Policy - Fleet App

Effective Date:Aug 26,2024

1. Objective and Applicability of the Policy

This Privacy Policy (hereinafter referred to as the "Privacy Policy") governs the collection, use, disclosure, transfer or otherwise processing of personal data or sensitive personal data by Indofast Swap Energy Private Limited (the "Company" or "us" or" "our"). When You enter into an agreement with us to use the Customer application or browse, visit or access the Company’s website [www.indofastenergy.com] and any other website published by the Company, or avail energy services using the Company's smart batteries and quick interchange stations ("Fleet App"), we may collect some personal information from You. This license is revocable and solely for personal, non-commercial use, subject to compliance with this Privacy Policy.

By clicking [I accept/I agree] You are agreeing to the terms of this Privacy Policy, You acknowledge that You have read and understood the Privacy Policy and that You provide consent for the collection, processing, storage, use, disclosure, transfer and otherwise handling of Your personal and sensitive personal data in accordance with the terms contained below. Please note that You have the option to not provide Your sensitive personal data to us, however, we will not be able to provide You with access to the Fleet App in case You elect to do so.

The terms "You" or "Your" or "User" or "Customer" refer to drivers or vehicle owners or fleet owners that are onboarded as customers and any other such individual or legal entity who accesses or uses the Fleet App. This Privacy Policy describes the types of information the Company may collect from You or that You may provide in relation to the use or access of the Fleet App and the manner in which such information is collected, used, processed, disclosed and maintained.

This Privacy Policy shall apply to all information You provide or have previously provided on Fleet App and all information that the Company collects or has previously collected on the Fleet App such as user information and any information You upload, or have uploaded, or exchange, or have exchanged, with the Company and other users of Fleet App and any information submitted by You to the Company. This Privacy Policy does not apply to, nor does the Company take any responsibility for, any information that is collected by any third party either using the Fleet App, or through any links on the Fleet App, or through any advertisements on the Fleet App.

Any personal information collected in accordance with this Privacy Policy will be collected and retained by the Company and by the Company's dedicated cloud service provider, Microsoft Azure or such other service provider as may be used by the Company from time to time.

2. Information We Collect
  • A. Information You Provide to us:
    • Account Information: When You are onboarded, we may collect Your name, home address, address proof documents, mobile number, email address and the agreement signed by You to create Your user account with us.
    • Payment Information: When You are onboarded and subsequently to enable You to engage in transactions at the swapping station, we will need to collect the financial information You provide for this purpose including Your credit card number, Your debit card number, Your bank account number, bank IFSC code, Your UPI handle, payment wallet information and net-banking details. The information we collect would depend on the payment method that You use. We may pass this information on to our third-party payment services vendors, or these entities may also directly collect this information from You.
    • Vehicle Information: We may collect information about Your vehicle, such as vehicle registration number, vehicle category and type, vehicle VIN number, master dock ID, driver DL number, vehicle make and manufacturing details, vehicle zone, and vehicle TC to connect the Fleet App and to enable You to access our services at the swapping stations.
    • Identity Verification Information: We may also collect Know Your Customer (KYC) and identity related information such as Aadhaar Card details, PAN card details and cancelled cheque for identity verification purposes. Please note, You are not required to provide Your Aadhaar number for the use of the Fleet App and the submission of Your Aadhaar number is entirely voluntary, You may choose instead to provide us with Your Driving License, PAN card, and Passport.
    • Support Information: Details provided when contacting support or reporting an issue.
    • Password Information: When You are onboarded, we may require You to create an account to access the Fleet App and accordingly we may collect Your password and related information.
  • B. Automatically Collected Information:
    • Location Data: The Fleet App connect to the vehicle based on the bluetooth function available; therefore, we will collect Your geo-location data from Your device with Your permission along with network-based location information to connect the Fleet App to Your vehicle. When the vehicle is in use, we may collect location data necessary for the purpose of displaying the nearest swapping stations.
    • Device Information: IP address, operating system, device model, and browser type. We may collect information about the device You are using to access the Fleet App, including information which is automatically collected about the device from which the Fleet App is used such as device ID, information about Your SIM card, operating system, device settings and log data. We may also collect network information about Your device and information which is collected from the Company's smart batteries and quick interchange stations.
    • App Usage Data: Interactions within the app, such as pages visited, buttons clicked, and errors. The Company may directly or through its third-party vendors collect User information about how You are accessing and using the Fleet App, which will include administrative and support communications with us and information about the purchases made through the Fleet App. We may access certain aspects of Your device to enable You to use the Fleet App. For instance, we may access the camera so that You can upload a photo for verification purposes, we may access Your device's storage so that You can store Your KYC documents and upload them to the Fleet App, and we may access the list of contacts on Your phone to autofill certain details on the Fleet App.
    • Non-Personal Information: Information that cannot be used to identify You such as the webpages that You have viewed and Your usage patterns.
  • C. Information from Third-Party Sources:
    • Partners and Franchises: Data related to battery swaps, customer information, and payments.
    • Service Engineers: Data regarding vehicle and battery service records.
3. Manner of Collection of the Information

In the use of Fleet App, as You navigate through the Fleet App, the Company may collect different types of information as detailed above.

You understand that the information collected by the Company, may be collected directly or through tracking of Your usage of the Fleet App. The usage details may include IP addresses, details of Your computer/phone, browser, location, payment information, battery swap data, energy consumption data, connections, any information that the Company may collect through the use of cookies and other tracking technologies. The collection of data may in most cases be automatic.

"Cookies" are files that would be placed in Your system's hard drive and are intended to improve Your user experience, by enabling the Company to track Your usage and preference. These cookies may track Your usage of the Fleet App, advertisements and links that You visit and other user data. Most cookies the Company uses are limited to a session, which mean they will be automatically deleted when Your session closes. You may decline these cookies by changing Your browser settings, if permitted, however, please note that this may impact certain features of the Fleet App or Your user experience in using the Fleet App.

Advertisements on the Fleet App may be posted by third-party advertisers, and such third parties may use cookies and other automatic tracking technologies to collect information about You, including but not limited to web behavioural information and patterns. The Company does not control nor takes any responsibility for such third parties, their collection and use of information or their tracking technologies or how they may be used.

You may also provide information to be published or displayed or posted on the Fleet App or transmitted to other users of the Fleet App or third parties. Any such information is posted or transmitted to others at Your own risk. Please be aware that the Company cannot control the actions of other users of the Fleet App with whom You may choose to share information with.

We will not retain any sensitive personal data for longer than is required for the purpose for which such data was collected, or may lawfully be used, or is otherwise required under any other law for the time being in force. We may retain anonymized data for as long as is required.

4.How We Use Your Information
  • To Operate and Improve Our Services: Ensure optimal functioning of the battery swapping system, provide seamless navigation, track battery status, and maintain service quality.
  • To Facilitate Payments and Transactions: Process and manage payments between stakeholders.
  • To Provide Support: Assist in resolving technical issues, providing emergency services, and responding to inquiries.
  • To communicate with You: The Company will access and use Your data as reasonably necessary and in accordance with Your instructions to: (a) provide, maintain and improve the Fleet App and to provide You with energy services, our products and features; (b) prevent or address service, security, technical issues, or at Your request in connection with support matters; (c) act in a manner required by law, (d) act in the manner expressly permitted in writing by You; (e) provide our services and Fleet App facilities to You; (f) carry out transactions; (g) carry out identity/KYC authentication; (h) monitor customer attendance and vehicle location; and (i) carry out consumer lead generation.
  • For Security and Compliance: Prevent fraud, enforce terms, and ensure legal compliance.
  • Administrative use: The Company will access and use Your data as reasonably necessary and in accordance with Your instructions to: (a) provide, maintain and improve the Fleet App and to provide You with energy services, our products and features; (b) prevent or address service, security, technical issues, or at Your request in connection with support matters; (c) act in a manner required by law, (d) act in the manner expressly permitted in writing by You; (e) provide our services and Fleet App facilities to You; (f) carry out transactions; (g) carry out identity/KYC authentication; (h) monitor customer attendance and vehicle location; and (i) carry out consumer lead generation
  • Analytics: Use anonymized data to analyse usage patterns and enhance product features.
5. Sharing of Information

You hereby acknowledge and agree that we may disclose or transfer the information You provide to us under the following circumstances, to the entities/individuals identified below:

  • With Service Providers: Your information including any user information will be made available to other users of Fleet App to enable the Company to (a) provide You with Company’s services; (b) carry out advertising; (c) for the purpose of business transactions; (d) communicate with You and provide You with notifications related to the service. We may share it with third-party vendors who assist in app functionality, data analysis, payment processing, and customer support.
  • With Business Partners: The information You provide on the Fleet App may be disclosed by the Company to the other users on the Fleet App, the Company's agents, employees, third party advertisers, subsidiaries and affiliates, or to other third-party service providers of the Company who require the information for the purposes of using, operating and maintaining the Fleet App. We may further share Your information with our verified partners as required to support and facilitate business transactions. This includes the sharing of Your information with an original equipment manufacturer associated with the dealership.
  • For Legal Reasons: The Company will comply with requests and directions of all governmental, law enforcement or regulatory authorities, which it believes in good faith to be in accordance with any applicable law. Such compliance may include providing user information, personally identifiable information, or any other information to such agency or authority. By providing any information on the Fleet App, You consent to the Company providing such information to any governmental, law enforcement or regulatory authorities who exercise jurisdiction over the Company and the Fleet App.
6. Data Security

The information that You provide, subject to disclosure in accordance with this Privacy Policy shall be maintained in a safe and secure manner. We have adopted the necessary security standard to protect the confidentiality and security of Your information.

As a user of the Fleet App, You have the responsibility to ensure data security. You should use the Fleet App in a responsible manner. Do not share Your username/identification number or password with any person. You are solely responsible for all acts done under the username/identification number You are registered under.

Given the nature of internet transactions, the Company does not take any responsibility for the transmission of information including user information to the Fleet App. Any transmission of information on the internet is done at Your risk. The Company does not take any responsibility for You or any third party circumventing the privacy settings or security measures contained on the SUN Applications. While the Company will use all reasonable efforts to ensure that Your user information and other information submitted by You is safe and secure, it offers no representation, warranties or other assurances that the security measures are adequate, safe, fool proof or impenetrable.

7. Data Retention

We retain personal data only for as long as necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required by law.

8. Your Privacy Rights
  • A. Access and Correction: You may access, change, alter of otherwise modify, update the information provided by You. You will also have the option of withdrawing consent previously provided to the Company at any time by accessing the Fleet App using Your registered username/identification number and accessing Your user account, or by reaching out to us.
  • B. Data Update: You may also change and/or delete any of the information You have submitted. However, exercising this option will hamper the Company's ability to provide You with any or all of the features of the Fleet App. However, please note that the Company reserves the rights to save any usage information, and You are not entitled to seek the deletion of the same. The Company at its sole discretion may permit or deny the change of any information, if it believes the same is required for compliance with applicable laws.
  • C. Data Portability: You may request a copy of Your data in a structured, machine-readable format.
9. Prohibited Conduct

You must not use the App for activities such as scraping, data mining, or engaging in any activities that could disrupt service integrity.

10. Changes to This Policy

We may update this Privacy Policy from time to time. When we do, we will notify You by posting the new version in the app and updating the "Effective Date" at the top of the page.

11. Age Restrictions

The Fleet App is only intended for users who are of 18 years of age or older and otherwise competent to enter into binding contracts. If You are not of the requisite age or otherwise unable to enter into binding contracts, You are not to provide any user information or other information. If it comes to the Company's attention that any information pertains to an individual under the age of 18 years or otherwise not eligible to enter into binding contracts, such information will be deleted without notice to You.

12. Limitation of Liability

You agree to indemnify and hold harmless the Company from any claims or liabilities arising from Your misuse of this Privacy Policy. The aggregate liability of the Company to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with this Privacy Policy or Your access and use of the Fleet App and its contents and functionalities shall not exceed Rs. 1000/- (INR Rupees One Thousand only). In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

13. Governing Law

The Privacy Policy is governed by the laws of India (without regard to its conflict of laws principles). You irrevocably consent to the exclusive jurisdiction of the competent courts located at Bangalore, Karnataka, India for all disputes arising out of or relating to the Terms of Use.

14. Terms of use

This Privacy Policy shall form a part of the Terms of Use, which can be found at https://www.indofastenergy.com/privacy/fleetapp/.

15. Data Protection Contacts

If You have any questions, comments, complaints or suggestions in relation to this Privacy Policy, or any other concerns about the way in which we process information about You, please contact uso. We shall endeavour to address all requests/complaints within thirty (30) days from the date of such a request/complaint being made.

16. Contact Us

If You have any questions or concerns about this Privacy Policy, please contact us at info@indofastenergy.com or 1800 309 5090.