We, Tork Motors Private Limited (“Company”, “We”, “Our”, “us”) are the owners of the Tork Mobile App (the “App”). The App facilitates the users (hereinafter referred to as “You”, “Your” or “User”) with features/services accessible through the App (the “Services”).
We respect data privacy rights and are committed to protecting personal information collected on this App. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on this App.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY DOWNLOADING, INSTALLING OR BY CONTINUING TO USE THE APP, USE THE SERVICES, PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY YOU MAY NOT PROVIDE YOUR PERSONAL INFORMATION ON THE APP. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO COMMUNICATION DETAILS MENTIONED BELOW.
IF YOU ARE ACCESSING THE APP ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE APP SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE APP.
This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under Information Technology Act, 2000 (“Privacy Rules”) that require publishing of privacy policy for collection, use, storage and transfer of sensitive personal data or information.
1. WHAT DATA DO WE COLLECT?
To Login and start using the App, you are required to provide us with your Mobile Number. In addition, images of the user, Registration Certificate, Driving Licence and Vehicle Insurance Copy may be uploaded by the user on the App. For the sake of brevity, the aforementioned information shall be referred to as “Personal Information”.
2. TRACKING TECHNOLOGIES
We use different analytics and tracking technologies on the App including Google Analytics.
3. ACCURACY OF INFORMATION
Users undertake that they shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared/uploaded on the App whether of their own or of any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.
4. WHAT DO WE DO WITH YOUR DATA?
We use the Personal Information for the following purposes:
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to inform you about our products and services and to respond to your requests;
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for creation or development of business intelligence or data analytics in relation to the Services provided by us (for this purpose we may share the Personal Information with certain software or tools available online)
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to manage our relationship with you;
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to comply with our legal or statutory obligations.
5. WHO DO WE DISCLOSE YOUR DATA TO?
We do not sell, rent, share, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Information in the following cases:
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Affiliates: We may provide your Personal Information to our affiliates to enable them to improve and provide the Services.
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Service Providers: We may share your Personal Information with the service providers who work with us in connection with operating the App and/ or providing the Services. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Policy.
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Merger or Acquisition: We may transfer your Personal Information if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the App, to a third party. Any such third party or resultant entity that receives your Personal Information shall have the right to continue to use your Personal Information in line with the purposes set out herein. In the event of such a sale or transfer, we may notify you.
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Legal and Regulatory Authorities: We may disclose your Personal Information in order to comply with our legal obligations/ court orders/ requests by Govt. authorities.
6. HOW LONG DO WE RETAIN YOUR DATA?
We will retain your Personal Information as long as it is required to be retained for the purpose of provision of the Services and to comply with our legal obligations. Subject to this section, we will delete your Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting your Personal Information. For more information on where and how long your personal data is stored, and for more information on your rights of erasure, please contact info@torkmotors.com .
7. OUR SECURITY MEASURES
Your Personal Information is stored on secured servers. We provide appropriate firewalls and protections for the security of Personal Information, however Personal Data transmitted from these systems are not hack proof. Data pilferage due to unauthorised hacking, virus attacks, technical issues is possible, and we assume no liability or responsibility for such events which are out of our control. User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.
8. MINORS’S PRIVACY
You are requested not to download, install or use the App if you are below 18 years of age.
9. ACCESSING AND MODIFYING PERSONAL INFORMATION
In case Users availing our Services need to access, review, and/or make changes to the Personal Information they may do so by requesting the Company at the below mentioned email address.
10. YOUR RIGHTS
You have the right to access your Personal Information in our possession, right to have us rectify or modify any such Personal Information, right to have us erase/delete your Personal Information, right to object to our use of your Personal Information, withdraw your consent at any time where we are relying on consent to process your Personal Information. If you withdraw your consent, we may not be able to provide certain products or services to you. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request. If you would like to exercise ANY of these rights, please contact [info@torkmotors.com].
11. CHOICE AND OPT-OUT
We may send you communications including but not limited to (a) notices about your use of our App, products and Services, including those concerning violations of use, (b) updates, (c) promotional information regarding our products and Services, and (d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing info@torkmotors.com with your specific request.
12. LINKS TO OTHER WEBSITES/APPS
Our App may contain links to other websites/applications. Please note that we do not have any control over such other websites/applications, and you will be accessing these websites/applications at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites/applications.
13. LIMITATION OF LIABILITY
To the extent permissible under the law, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, information, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of this Privacy Policy.
14. GOVERNING LAWS AND DISPUTES
This Privacy Policy shall be construed and governed by the laws of India. Any dispute arising between you and us shall be submitted to the arbitration to be conducted in Pune, India in English language, in accordance with the rules of Arbitration and Conciliation Act, 1996, by a sole arbitrator, who shall be appointed by us and the award made in pursuance thereof shall be binding on you and us. Subject to the arbitration provisions, you agree that the courts in Pune, India shall have an exclusive jurisdiction over such disputes.
15. CHANGES TO THIS POLICY
Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the App and indicate the date of the latest revision.
This Privacy Policy was last modified on 11 May, 2022.
16. CONTACT US
If you have any questions or concerns or grievances regarding this Privacy Policy, you can contact our grievance officer or would like to withdraw your consent, you can write to us at info@torkmotors.com
