Kubera Motors

Last Updated: 11th Aug, 2023

At Kubera Motors, accessible from http://www.kuberamotors.in/, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Kubera Motors and how we use it.

The Company is concerned about the privacy of its users (“User(s)” and/or “You” and/or “Your”) while using the Kubera Motors and accessing the ‘Kubera Motors’ application (“Application”) whether through a computer or a mobile phone

Please read this Privacy Policy (“Policy”) carefully before using the Application. Your consent to use the Application or the services provided by the Application shall signify Your acceptance of this Policy and Your agreement to be legally bound by the same. Further, You may withdraw Your consent by uninstalling the Application and withdrawing from the services, at any point in time.

If You do not agree with the terms of this Policy, do not use the Application or avail any of the services offered through the Application.

About the Policy

When You register on the Application, We may seek and collect certain personal information for Your use of the Application. You consent to the collection, use, and disclosure of the information in accordance with this Policy. Therefore, We request You to read this Policy carefully before using the Application.

This Policy intends to inform You about how We collect, receive, hold, use, transfer and/or disclose Your personal information, 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, as amended from time to time (“Indian Data Protection Law”).

Please note that this Policy will give You a general understanding of:

The circumstances under which We collect and process Your Personal Data;

The types of personal data we collect;

The reasons for collecting your personal data;

How we handle your personal data;

Distribution of responsibility for the processing of personal data between various legal entities of the Company, and

Contact List:

Users can share specific vehicle account features, such as ride-sharing or vehicle tracking, with their contacts. This empowers users to collaborate and enhance their vehicle-related experiences with trusted individuals from their network.

We prioritize user privacy and control: Users have full control over which contacts they invite or share with. The app does not access or use contact information without the user's consent. Users can revoke permission for contact access at any time through the app settings, ensuring that their data is under their control.

Collection of Information and its Use:

The types of information that We collect about You will depend on our relationship with You, the circumstances of collection and the type of service You request from us. The information collected by Us may be categorized as “Personal Information/Data” and “Sensitive Personal Information” (each as explained below). Personal Information/Data and Sensitive Personal Information shall collectively be referred to as “Information” for the purposes of this Policy.

Personal Information/Data: As per the Indian Data Protection Laws, Personal Information shall include 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. For example, Personal Information would include names, postal addresses and telephone numbers.

To elaborate, Personal Data, means any information relating to an identified or identifiable natural person (‘data subject’). Please note that an identifiable natural person is one who can be identified (directly or indirectly), through a particular reference such as a name, an identification number, location data, an online identifier or to one or more specific factors with respect to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Any information that is freely available or accessible in the public domain or furnished under the Right to Information Act, 2005 or any other applicable law for the time being in force shall not be regarded as Sensitive Personal Information for the purposes of this Policy.

We wish to assure you that Your Information is safe with us. We will only process your Information lawfully and for purposes, details of which We have provided in the below section.

The following are the types of Personal Information pertaining to You that We may collect:

Full name;

E-mail address;

Date of birth;

Location information, including but not limited to the current location, saved location, pinned locations, searched locations and the GPS location of (a) any person placing an order through the Application; (b) while using location-based services through products and services; and (b) addresses provided for providing the products or services;

Address (including city or town);

Photograph of the user;

Emergency Contact Information;

Billing and shipping address;

Phone numbers;

Account login credentials and password;

Customer ID;

IP addresses;

Details of the products or services ordered including pricing;

Date of purchase of products or services;

Details of the vehicle purchased, e.g., vehicle license number, VIN, etc.;

Driving license no. and expiry date or any other official identification proof;

Vehicle insurance policy number;

Vehicle repair history;

Telematics data such as performance, operations, performance, usage of products;

User behavior and activities include but are not limited to clicks done, marketing e-mails opened, number of page views, time of the first session, time of last session, facebook clicks, google plus clicks, first conversion date, last e-mail sent date, number of submissions etc.

Cookies;

Payment information and history (excluding payment details that shall be collected and processed by an authorized payment service provider, which we do not collect);

Various certificates, e.g., registration certificate, insurance certificate, road tax certificate, etc.

Financial information, e.g., credit card or debit card number including expiry date;

Any device and device identifier information as may be deemed necessary;

Personal details of the secondary user, if provided

We may automatically receive data on the successful pairing of the bluetooth.

Such other Personal Data may be required from time to time.

Of the above types of Personal Information, your financial information is considered to be Sensitive Personal Data. Please note that the Personal Information listed above, other than financial information, is not Sensitive Personal Information. We wish to share that it is possible that the Government of India may categorize some of the other types of Personal Information as Sensitive Personal Data/Information. In such cases, We will inform You of the same and obtain Your consent as, and if required.

It is also clarified that if You provide any data relating to Your Aadhaar then the same shall be stored in the manner as mandated by UIDAI.

The Personal Information may have been provided by You, may have been collected by Us during our interaction with You, or may have been obtained by Us from third parties or from our affiliates.

We may collect and process Your Information for the purposes set out below and disclose Your Information to our service providers, if any, who act on our behalf. These purposes include:

Where We need to perform the contract We are about to enter into or have entered into with You, if any.

Where it is to both Your and our benefit that We further process your Information as part of our business administration, maintaining service quality, customer care, business management, risk assessment/management, security, and operation purposes.

For conducting marketing activities, for our services or services of third parties, and to conduct market and other research to improve our services and marketing activities.

To allow You to participate in interactive features of our service when You choose to do so.

To maintain records and comply with our legal obligations.

Where You have provided consent to such use.

For example,

We determine your real-time location in order to provide various location- enabled services, such as navigation. You will have to specify whether determining and collecting real-time location is to be active or not.

When You visit our Application, usage data is collected automatically through the Application. Such usage data can include the type of device, the IP address, and the current location. This is for security reasons, in particular, to prevent and detect attacks on our Application or attempts at fraud.

The information about Your click and search behaviour is used to adjust the Application or enhance the features of our Services in order to make the Application layout more convenient to You, change the order of search results and to design certain pages differently, for Your convenience.

The information collected through cookies shall be used for the purposes of advertising and analytics. We collect usage data by using various types of cookies (small pieces of data stored in your device) and other tracking tools.

Certain telematics data from the vehicle is collected to further improve the performance of Your vehicle, ensure safety, to facilitate the servicing of Your vehicle and give You insight into Your driving behaviour. The telematics data shall include Personal Information such as vehicle identification number, and other device related information, such as performance, usage, operation, condition of your vehicle, etc. The Kubera Motors is equipped with several devices commonly referred to as “Event Data Recorders” which record various types of real time vehicle data AND with service-related devices that record information about powertrain performance and driving conditions. This data belongs to the customer and may not be accessed by anyone else except as legally required or with the permission of the customer. However, this data may be accessed by Kubera Motors, its authorized repairers, employees, representatives and contractors only for the purpose of the technical diagnosis, research and development of your bike/scooter.

Personal Information that We may receive from other sources:

The third parties from whom We may receive information may include our subsidiaries, affiliates, or parent companies or other third-party companies. In any instance, We will use the Personal Information We obtain from these sources for the purposes as mentioned below. The remaining provisions of this Policy also apply to any Personal Information We obtain from these sources as well.

Purpose of Collection and Processing of Personal Information. Your Personal Information is collected at the following stages:

When You register on the Application and create a user account (the “User Account” );

When You visit and/or use our Application;

Where reasonably practical or as required by applicable law, We will obtain Your consent prior to collecting or using Your Personal Information. The request for Your consent will be clear and specific and provide You with a reasonable basis on which You may make Your decision. We will make sure that You can provide Your consent in a clear and transparent manner. Your consent is voluntary and may always be revoked, for example by terminating a particular service or contacting our representative in the manner indicated in later sections. As mentioned before, where Your consent is required and You do not give Your consent, it may not be possible for You to use the Application and/or avail the services being offered by us.

How Your Information is Processed:

The information may be processed by our Application. Your Personal Information is processed by us under different circumstances and under a different lawful basis. The same is provided below for Your information:

Where you have provided CONSENT

We may use and process Your Personal Information and Sensitive Personal Data where You have consented for Us to do so for the following purposes:

Process Your contact information, such as Your email ID, full name and contact number to create Your User Account on the Application;

Process Your Personal Information, such as Your name, contact information and address location.

Process Your Personal Information, such as contact information, photograph, address of delivery, driving license or any other ID proof for the creation of Your User Account;

If You have opted for location-based features, We may collect and process various location-specific information, in the form of Your favorite locations, saved locations, pinned locations, searched locations, etc., for providing various location-based services, such as our stores, charging stations, repair facilities and other services relating to the products that are close to Your location;

Your data is Yours - if You wish to withdraw Your consent at any time, You can let Us know at support@kuberamotors.in.

Where required to perform a CONTRACT with You

We may use and process Your Personal Information where it is necessary for the performance of a contract with You or in order to take steps at Your request before entering into a contract with You including, but not limited to, for the following purposes:

For contacting or sharing information to assist You in configuring the vehicle for Your use; and

To share Your contact information with service partners for performing post-sale service activities.

Acceptance of these terms indicates Your consent to the usage of Your personal information to enter into contracts for the afore-stated purposes.

Where it is in Your VITAL INTEREST in emergent situations

We may use Your personal information to reach out to You if there are any urgent safety or product recall notices to communicate to You to ensure Your safety. We may also use the contact information of Your ‘Emergency Contact’ in the event of an incident, or where We otherwise reasonably believe that the processing of Your Personal Information will prevent or reduce any potential harm to You or others. Similarly, we will process your Personal Information such as name, contact number, account login credentials and password when attempts to login to your account with a wrong password exceeds the permitted number, in order to verify your identity and help you recover your account.

Where there is a LEGITIMATE INTEREST or for other REASONABLE PURPOSES

We may use and process Your Personal Information where it is necessary for Us to pursue our legitimate interests and for other reasonable purposes as a business without compromising Your privacy for the following purposes:

For analysis which will aid our marketing strategy;

To improve, enhance and personalize Your customer or visitor experience;

For market research in order to continually improve the products and services that We and our authorized dealers deliver to You;

To manage and maintain the Application, and for internal practices, including troubleshooting, testing for security, statistical purposes, and for prevention of any misuse or fraud;

For network and information security in order for Us to take steps to protect Your information against loss or damage, theft or unauthorized access of Your Personal Information, and for ensuring that the underlying systems operate with efficiency;

For marketing activities (other than where we rely on Your consent), e.g., to tailor marketing communications or send targeted marketing messages via social media and other third-party platforms;

To undertake credit checks in case You wish to have your vehicle financed; and

To comply with a request from You in connection with the exercise of Your rights (for example where You have asked Us not to contact You for marketing purposes, We will keep a record of this on our ‘marketing black lists’ in order to be able to comply with Your request. Please refer to our Marketing Section for more details); and

To enforce or protect our contractual or other legal rights or to bring or defend legal proceedings.

For Compliance with Existing or Applicable Laws

Wherever the law mandates Us to process certain data for compliance or other legal purposes, We will have to collect Your Personal Information to abide by it.

The Personal Data that You have provided in connection with Your interaction with Us may consist of name, email address, phone number, age, gender, country, orders, pre-orders, configuration ID and booked test drives. If You consent, We may combine this data with Your Behavior Data for the purposes of sending You targeted marketing through the Application and by sending You mobile push notifications. It is advised you enable the notifications option in order to continue receiving notifications/updates from us.

You hereby give your consent to receiving marketing and/or promotional communications from Us through all communication channels including but not limited to SMS, WhatsApp, e- mails and push notifications.

If You would like to withdraw Your consent to the above processing, please submit a request by writing to us at support@kuberamotors.in

Third party Applications/Links:

Through the use of the Application, You may access certain third party applications, links and other services linked with the vehicle but provided by a third party, which may, for example, require the transmission of location data and other Vehicle-recorded data to such third party. We are not responsible for the collection or use of Personal Data in such applications or services provided by a third-party and recommend that You carefully review applicable terms for (and any integrity policy related to) such applications or services before You use them. If You have questions concerning a certain third party's use of Your Personal Data, please contact the third party directly.

Sharing/Transfer of Personal Data

We shall exercise reasonable care to keep Your information confidential to the maximum possible extent. We may limit disclosure of the user information to our entities, joint ventures, agents, sellers or third parties for the purposes of the services provided herein or for any other marketing-related activity undertaken by or on behalf of our entities and/or its joint ventures on a need-to-know basis.

As You are aware, We might share Your Personal Information with our partners/third-party service providers in order to improve our service. We make sure that they are as committed as We are to protecting Your Data and Information.

Dealers

Our dealers use Your information to provide You with a better service. This includes handling special requests, personalized offers, and keeping you informed of relevant information and news.

Service Providers and Analytics Partners

We share information with companies that provide services on our behalf. This including but not limited to the following:

Application hosting

Email services

Marketing

Contests and promotions

Auditing

Customer orders

Data analytics

Customer service

Customer research and satisfaction surveys

Please be informed that these companies all have strict obligations to protect your information.

Corporate Affiliates

We may share information with other group companies and transfer it to a third party in case of a merger or reorganization or related companies providing services for enhancement of customer experience.

Compliance and Security

It may be necessary for Us to disclose Your Personal Data to governmental and public authorities for reasons of national security, law enforcement or other issues of public importance. Where legally permitted We will inform You ahead of such transfer.

We may also disclose Personal Information if We determine in good faith that disclosure is necessary to protect our rights, resolve legal conflict, enforce our terms and conditions, investigate fraud or protect our users.

International transfers

We may transfer your Personal Data to recipients in countries outside India that may have differing data protection laws. In those instances, We will ensure that appropriate safeguards are in place for that transfer and storage as required by applicable law. We will ensure there is a legal ground for the transfer in accordance with applicable data protection legislation. You will also be informed about the legal ground, what safeguards were implemented, and where You can obtain a copy of information on these safeguards. In case of Sensitive Personal Data, We will specifically seek Your consent before such transfers to other countries, and will also ensure that the conditions as required under law (including but not limited to the Indian Data Protection Laws) for such international transfer of sensitive data, such as adequate level of protection to your Sensitive Personal Data, are complied with.

Retention

We will only retain your Personal Data for as long as it is necessary to fulfill the purposes outlined in this Policy or the purposes of which You have otherwise been informed. This means that when You have consented to our processing of Your Personal Data, We will retain the data for as long as the customer relationship lasts (and, where applicable, until the expiry of the warranty period) or until You withdraw Your consent. If You have revoked Your consent, We may nevertheless retain certain Personal Data for the period required in order for Us to meet our legal obligations and defend ourselves in legal disputes. We will redact or delete Your Sensitive Personal Data if you withdraw your consent, unless required to be retained by applicable law. If We have not received Your consent for Processing, the Personal Data will only be retained to the extent We are permitted to do so by law.

Your Rights

If you live anywhere in India, the law has various rights bestowed on You in relation to Your Personal Data. We will have to confirm Your identity, wherever applicable, to ensure that Your rights are being exercised appropriately. To exercise these rights You will have to write to Us at support@kuberamotors.in

Except in exceptional circumstances, We will respond to Your request within 30 (thirty) days from the date We receive your email. We may charge a minor sum to comply with your exercise of these rights to aid the cost We incur for this compliance. You will be informed of these charges once You write to us. Please be informed that You have the following rights under applicable laws in your country.

Accessing Your Personal Information

You have the right to access a copy Your Personal Information that We hold in a standard form that will be easy and understandable. In rare occasions We may not provide You with a copy of Your information in which case We will convey You this message with appropriate reasons. Generally, We can only deny You Your right of access if it concerns the right of other individuals or We have another lawful reason to withhold that information and not otherwise. You also have the right to access in one place the identities of the data fiduciaries with whom Your Personal Data has been shared by Us together with the categories of Personal Data shared with them.

Verify and rectify

Accuracy is an important principle of data protection and You have the right to verify Your Information with Us and ask Us to rectify it if it is inaccurate. You can correct, complete and update Your name, address, contact details and other Personal Information You give Us.

Withdrawing Your consent

You can always withdraw the consent You have given Us. We will be bound to stop collecting or processing The data We collect from You solely on the basis of Your consent. For instance, there are certain data points for which We take Your explicit consent like GPS tracking. You can withdraw from GPS tracking anytime by using the Application. However, We will accordingly be unable to offer You other services that are dependent on GPS tracking like navigation.

Also, we are legally permitted to continue collecting or processing Your Personal Data if we can rely on grounds other than consent to process Your Information.

Objecting to our use of Your Personal Information and automated decisions made about You

You have the right to object to the processing of Your data if the processing is carried out on a legal basis other than consent. But You will have to provide reasons for such withdrawal. Where Your Personal Data is processed for the purposes of the legitimate interests pursued by Us, You may object to such processing by providing a ground related to Your particular situation to justify the objection. We will temporarily stop processing Your Personal Data until We have assessed Your concerns. If We agree that Your objection is justified in accordance with Your rights under data protection laws, we will permanently stop using Your data for those purposes. Otherwise we will provide You with our justification as to why we may continue using Your data.

When Your data is processed for direct marketing purposes, You can object to that processing at any time (for more details as to how Your Personal Information may be used for marketing purposes, please refer to our Marketing Section).

You may at any time opt to unsubscribe from any of our optional services or make changes in the settings of the Application.

You may object to a decision made about You based on automated processing by contacting us on support@kuberamotors.in

Erasing Your Personal Information

You have the right to get Your Information erased from our systems, as per processes prescribed under applicable laws. Unless there is a reason that the law allows Us to use Your Personal Information for longer, We will make reasonable efforts to comply with Your request.

Your right to be forgotten

You may also ask Us to restrict or prevent processing Your Personal Information in the following situations:

where You believe it is unlawful for Us to do so,

You have objected to its use or withdrawn Your consent and our assessment is pending or

Where Your data has served the purpose

In these situations, We may only process Your Personal Information whilst its processing is restricted if We have Your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.

Data Breach:

In case of breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Information transmitted, stored or otherwise processed, We will promptly notify You within the time frame prescribed, as per applicable laws. However, We will not be liable for any security breach committed as a result of negligence by action or omission by You including, but not limited to, setting up of a weak passcode for Your account.

Please note that the notification provided by Us shall include the following for Your information:

The nature of Personal Data which is the subject matter of the breach;

The number of data principals/subjects affected by the breach;

The number of data principals/subjects affected by the breach; iii. The possible consequences of the breach; and

The measures being taken by Us to remedy such breach.

We will have in place the necessary mechanism in order to identify such breach and assess it promptly. Depending on the outcome of our assessment, We will make the requisite notifications to the supervisory authorities and communications to You.

Deletion of your information:

If You wish to have the Information that You have provided to us deleted, You can do so by writing to Us at support@kuberamotors.in. Please note that the deletion of certain Information may lead to the deletion of Your account with us and the use of the Application and/or the services/features provided therein. You understand that under certain circumstances, the request for the deletion of Information can be denied.

Security:

We strive to work towards the security, integrity and privacy of Your Information and to protect Your Information against unauthorized disclosure, access or destruction to the extent reasonably possible by Us. Notwithstanding anything contained in this Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of Your Information, if such loss, damage or misuse takes place as a result of 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, fire, flood, explosion, acts of God, civil commotion, strikes, insurrection, war, epidemic, pandemic, acts of government, computer hacking, software failure and storage device, computer crashes etc.

Phishing:

Identity theft and the fraudulent practice currently known as "phishing" are of great concern to Us. Phishing is an attempt to acquire personal/sensitive information that the legitimate organization already has. Safeguarding information to help protect You from identity theft is a top priority. We do not and will not, at any time, request Your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. Please exercise caution while providing any such information.

Cookies:

We may also collect certain non-personal information through cookies while You access the Application. Cookies are text files that are placed in the Application to identify Your internet browser, store Your preferences, and to improve Your experience on the Application.

We use cookies in order to improve our services provided to You. Please note that some cookies We use are essential for some services to work, others are used to collect information about the use of the Application so that the Application can be more convenient and useful for You.

You are free to opt-in or opt-out to the use of cookies when You first visit the Application. You can choose, at the time of opting in, for what purposes the Cookies used. Consent, once provided, can be withdrawn at any time by altering Your cookie preferences in Your Application. The retention period of cookies is limited and differs per cookie. Please be informed that disabling cookie collection through the Application or changing Your consent may result in some features of the Application and/or Services provided therein not functioning properly and We will not be able to send customized and relevant communication or promotional messages to You. The Cookie privacy policy may be accessed here.

Changes in Policy:

We reserve the right to change this Policy at any time, so please visit the Application regularly to review our privacy statement.

If You have any questions about this Policy, the practices of the Company or your dealings with the Application, You can contact Us using the information given here under E-mail i.d: support@kuberamotors.in