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Ather App Privacy Policy

This privacy policy (“Privacy Policy”) has been drafted in accordance with the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

Ather Energy Private Limited (hereinafter referred to as “We”, “Us”, “Company” or “Our”) is concerned about the privacy of the users (hereinafter referred to as “You”, “Your” or “User”) of its Ather Mobile Application (“App”). This Privacy Policy describes Our policies and procedures for collection, use, storage, processing, disclosure and protection of any information, including, but not limited to, business or personal information provided by You while using the App and Services (as described under the Terms of Use).

This Privacy Policy constitutes a legal agreement between You, as the User of the App, and the Company, as the owner of the App. You must be a natural person who is at least 18 years of age. If You are less than 18 years of age, please read through this Privacy Policy with Your parent or legal guardian, and in such a case this Privacy Policy shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

By using the App, availing the Services and voluntarily providing Us with information (personal and/ or non- personal), You are consenting to Our use of it in accordance with this Privacy Policy. This Privacy Policy does not apply to third-party websites/ applications that are connected via links to the App. If You do not agree with the terms and conditions of this Privacy Policy, please do not proceed further to use/ access App.

Your use of the App will be governed by this Privacy Policy as applicable to the App together with all policies, notices, guidelines, disclaimers that are published and shared with You from time to time which are incorporated herein by way of reference including but not limited to Terms of Use and such other terms as may be applicable to You in Your capacity as a User. This Privacy Policy shall be enforceable against You in the same manner as any other written agreement.

Your use of the App will be governed by this Privacy Policy together with all policies, notices, guidelines, disclaimers that are published and shared with You from time to time which are incorporated herein by way of reference including but not limited to Terms of Use and such other terms as may be applicable to You in Your capacity as a User. This Privacy Policy shall be enforceable against You in the same manner as any other written agreement.

We may update this Privacy Policy from time to time. You must periodically review the Privacy Policy for the latest information on our privacy practices. In the event You continue to use the App or the Services after any update in the Privacy Policy, Your use of the App shall be subject to such updated Privacy Policy.

Information Collected

We will use the information provided by You only in accordance with the purposes described in the Policy.

Personal Information:

We may collect personal information including name, date of birth, gender, aadhar number, driver license, mobile number and email (“Personal Information”) from You while You register and create Account (as defined under the Terms of Use) or /and avail Services available through the App.

In the event You make payments on the App via a payment gateway to complete any transaction on the App, We may collect and store Your credit, debit card and/or other financial information in accordance with applicable law. You acknowledge that the payment gateway may be provided by a third party service provider, in which case applicable terms and use and privacy policy of such service provider shall be applicable.

In the event You create an Account using a Third Party Account (as defined under the Terms of Use), We may receive Your Personal Information from such third parties in accordance with the privacy policy of third party service providers. Such information received from the third parties at the time of accessing the App may include, and not be limited to, the user name, profile picture, e-mail address associated with that particular website/ application, any information that has been made public in connection with that App belonging to You and/ or any information or content the third party has the right to share with Us. By creating the Account using a Third Party Account, You authorize Us to collect, store, use and retain such information and content in accordance with this Privacy Policy.

You acknowledge that information collected by Us to provide the Services may be information categorised as ‘sensitive personal data or information’ under the terms of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. In the event You make payments on the App, You hereby consent that We may share the payment related information You provide with the third party service provider providing the payment gateway and/or associated financial services selected by You. You further acknowledge that any further use of Your information will be subject to such third-party service provider’s privacy policy and terms of use. We may request You to confirm such consent in the App at the time You enter Your payment details in the App. You may withdraw your consent for such use at any time by deleting or otherwise removing the saved payment details from the App, and You hereby agree to any limitations on the Service(s) that such withdrawal may entail.

Non- Personal Information:

We may collect non-personal information (“Non-Personal Information”) from You through the App when You visit and/ or use the App. Non-Personal Information is any information that does not reveal Your specific identity, such as, browser information, internet protocol address, information collected through Cookies (defined below), details of Your internet service provider, the date, time and duration of Your usage of the App, pixel tags and other technologies, demographic information, etc. Our App gathers some information automatically when You visit the App and stores it in log files. We may collect certain information about Your mobile device through which You have accessed the App to facilitate, evaluate and verify Your use of the App.

Location and Vehicle Information: In order for Us to be able to provide You the Services, We may also obtain Your location information, including but not limited to location of Your vehicle. We may further obtain information related to Your vehicle, including without limitation, type of Your vehicle, manufacturer and model number of the vehicle, and any other vehicle information as may be required for Us to be able to provide the Services.

“Cookies” are small files that reside on Your computer or other mobile device's hard drive and generally contain unique identifier and are accessible only by the website/ application that placed them there and not any other sites. By using the App, You consent to the use of Cookies on the App. The use of Cookies by Our partners, affiliates, advertisers or service providers is not covered by the Policy.

Use of the Information

We, or third parties authorized by Us, may use the information provided by You in the following ways, viz:

To create Your Account and to support You with any services related to Your Account

To Provide You the Services

Provide any support services for the Services availed by You through the App

To update you upon the development and news with respect to Services or any other products or related services of the Company

To collect any monies owed by You to the Company

Conduct research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities

Analyze how the App is used, diagnose service or technical problems, maintain security

To help You efficiently access the App and avail the Services

Monitor aggregate metrics such as total number of users, traffic, and demographic patterns

To notify You regarding your Account, to troubleshoot problems with Your Account, to resolve a dispute, to confirm Your identity in order to ensure that You are eligible to Use the App, and/or any Service

For advertising and marketing communications. We may also share Non-Personal Information with third parties such as, Our advertisers, sponsors, investors, business partners

To carry out Our obligations and to process transactions arising from any contracts entered into between You and Us

To notify You about changes on the App, or any Ather Service or Product

Notify You, if possible, in the event We become aware of any breach of the security of Your information and take appropriate action to the best of Our ability to remedy such a breach

To enable Us to comply with legal and regulatory obligations

We will use and retain Your information for such periods as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.

Storage of Information

We use reasonable safeguards to protect and preserve the integrity and security of Your information against unauthorized access, loss, theft, unauthorised, reproduction, use or amendment, disclosure or destruction of information We hold. We encrypt Our services using secure server software, which is the industry standard and among the best software available today for secure transactions. We use reasonable security practices and procedures and use secure servers as mandated under applicable laws for the protection of Your information. We review Our information collection, storage and processing practices to guard against unauthorized access to systems.

As a registered user with an Account, You are responsible for keeping Your password confidential. By submitting Your information on Our App, You agree to the handling of Your information by the Company in a manner as stated under this Privacy Policy. We will take such steps as We consider reasonably necessary to ensure that Your information is treated securely and in accordance with the Privacy Policy.

In using the App, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the App will be at Your own risk.

Notwithstanding anything contained in this Privacy Policy or elsewhere, the Company 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 defined below). A "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond Our reasonable control), power or electricity failure or unavailability of adequate power or electricity.

You agree and acknowledge that We shall retain all information provided by You until such time as is required by the applicable law or until it is required for Our internal use, whichever is later.

Disclosure of Information

We do not rent or sell Your Personal Information. We do not share Your Personal Information with third parties or non-affiliated companies except in accordance with this Privacy Policy and our Terms of Use. We limit the disclosure of Personal Information to Our employees, independent contractors including vendors, affiliates, consultants, business associates, service providers and distributors of Our services, on a “need-to-know” basis, and only if the disclosure will enable that entity to provide Us with business, professional, or technical support or fulfill Your request. However, We are not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. We shall not be liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites) even if links to such third party websites are provided on the App.

Company may disclose any information provided by You on the App as may be deemed to be necessary or appropriate: (a) under applicable law, including laws outside Your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside Your country of residence; (d) to enforce Our Terms of Use; (e) to protect Our operations or those of any of Our affiliates; (f) to protect Our rights, privacy, safety or property, and/or that of Our affiliates, You or others; and (g) to allow Us to pursue available remedies or limit the damages that We may sustain.

We may share Personal Information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts and to prevent abuse of Our services. We may disclose Personal Information to Our third party providers including but not limited to those who provide products or services such as jointly developed or marketed product or services, contact information verification, payment processing, order fulfillment, customer service, website hosting, data analysis, infrastructure provision, IT services, auditing services and other similar services to enable the Company provide the Services. In such an event, the third parties’ use of Your information will be bound, among other things, by confidentiality obligation and the Privacy Policy. We may store information in locations outside the direct control of the Company (for instance, on servers or databases co-located with hosting providers).

We assume no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Us responsible for any breach of security unless such breach has been caused as a direct result of Our gross negligence or wilful default.

You acknowledge and agree that the App includes certain Google Services (as defined under the Terms of Use). Accordingly, Your use of the Google Services is governed by Google’s Privacy Policy located at https://policies.google.com/privacy and such privacy policy governing the Google Services into this Privacy Policy by reference.

Severability and Exclusion

We have taken every effort to ensure that this Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. This Policy does not apply to any information other than the information collected by the Company through the App. This Policy shall be inapplicable to any unsolicited information You provide Us through the App or through any other means. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.

Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of the Republic of India.

The courts at Bangalore, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.

Please remember that the Company does not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this Privacy Policy.

No Waiver

The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

Contact Us

If You require any information, clarification or grievance regarding the use of Your Personal Information or this Privacy Policy, You can contact Us at +91 - 8039513589.