PRIVACY POLICY
Scope and Application

This privacy policy is an electronic record in the form of an electronic contract drafted under the Information Technology Act, 2000, the Information Technology (Reasonable security practices and procedures and sensitive personal data of information) Rules, 2011, as amended from time to time (“Privacy Policy”).

The terms “We / Us / Our / Ours / Howdy / Sai Lakshmi Enterprises Private Limited” shall refer to Sai Lakshmi Enterprises Private Limited, having our registered office at No. 125, First Floor, Varadha Muthiappan Street, Sowcarpet, Chennai – 600 079 (“Howdy” / the “Company” or “we” or “ours” or “us” or “our”) and the terms ‘”You / Your / Yourself” shall refer to the Users / Members under the Member Agreement and any other users accessing or seeking to use the Platform (as defined below).

This Privacy Policy is a legally binding document between you and Howdy which governs the usage, collection, protection and sharing of any Information that you provide us, when you download, access, use, purchase any product or services (“Services”) from our website located at http://www.howdybikes.com or our mobile applications (the “Platform”).

This Privacy Policy shall be read together with the other policies published by us on the Platform, including without limitation the Member Agreement and Fees/Penalty Policy.

This Privacy Policy is an electronic document and does not require any physical, electronic or digital signature. By using the Platform, you indicate that you understand, agree and consent to the terms and conditions contained in the Privacy Policy. If you do not agree with the terms and conditions of this Privacy Policy, please do not use this Platform.

You hereby provide your unconditional and irrevocable consent to Howdy for the purposes prescribed herein under, including but not limited with respect to provisions of Section 43A, Section 72 and Section 72A of the Information Technology Act, 2000.

Please note that we are not responsible for and this Privacy Policy does not govern Information provided other than through the Platform.

Commitment

Howdy is committed to ensure that your privacy is protected to all possible, reasonable and commercial extent, as your privacy on the Internet is of the primary importance to us.

We gather certain types of Information about you in order to provide, maintain and improve the Services rendered to you, and hence, we strongly urge you to fully understand the terms and conditions of the Privacy Policy surrounding the capture and use of such Information.

Collection of Information

For the purposes of rendering the Services through the Platform, we may collect your Information from various channels, including, but not limited to, voluntary submission of information from your end in furtherance of the access or usage of the Services, through requests initiated by you through the Services and through communications.

The minimum age for a user to be registered for the Services is the age of contractual consent under applicable law or 18 years, whichever is lower. Our Services, in particular, are not directed at or meant for persons under the age of 18. We do not knowingly collect any information from any person under the age of 16. If you are below the age of 18, please discontinue the use of the Services and contact us at [email protected] If you are aware of a user under the age of 16 using our Services, we would request you to report to us by contacting us at [email protected]

Types of Information collected by the us (“Information”) Personally Identifiable Information(PII)

PII, as used in information security and privacy laws, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

We may collect and retain certain PII including without limitation your name, age, gender, photograph, telephone number, mailing address, including but not limited to permanent and current residential addresses, email address, financial information, history of your transactions with us (booking and payment history), etc. We also seek specific additional information such as your driving license and additional address cum identity proofs, as prescribed and required under the Member Agreement. These PII are essential for rendering our services to you.

We may also collect specific PII from you when you access our Services through our Platform. For example, you may be asked to enter information about yourself, such as your age, Date of Birth, gender, address, identify proof, photograph, etc. and similar personal details. We may also use this Information to customize our Services based on such Information as provided by you.

We also collect the following PII: Driver and vehicle Information: As a member of the Platform, you authorize us to access your driving record, vehicle travelled history report pertaining to your ride / trip from all applicable entities and authorities. Moreover, you authorize all public authorities and similar parties to release information to us regarding your driving record and vehicle travel history, and also share similar information with such public authorities and similar parties.

Any information exchanged by you with the Company in the form of written communication, responses to emails, feedback provided, participation in discussions, etc. is handled with confidentiality and will be available for the exclusive use of the Company.

You have the right to request to discontinue our use of your PII. To withdraw your consent to our collection and processing of your information in future, You may do so by closing your account / withdrawing your membership from the Platform.

We also collect the following Information when you are using our Services through the Platform: Vehicle Use Data: The vehicle(s) rented by you in pursuance of our Services contains hardware that gathers and transmits information pertaining to the use of the vehicle.

Location Tracking: To prevent theft and to allow us to locate you in case of emergency, accident, lock-out, etc., we track the location of your vehicle. Your location information will be confined to our Services and we endeavour not to make your location or movements public unless it is required under personal, medical and legal (recovery and insurance) exigencies. As part of our Services, the location of your vehicle may be released to insurance companies, the police, courts, tribunals or similar law enforcement agencies, in the course of an investigation and/or accident claim, and to provide assistance in emergencies.

Non-Personal Information (NPI)

We also collect information in a form that does not permit direct association with any specific individual including without limitation the information of the browser you use, usage details and identifying technologies (“Non-Personal Information / NPI”). NPI includes without limitation referring/exit pages, anonymous usage data, and URLs, platform types, number of clicks, etc.). We request you to note that when you access the Platform or receive emails or any communication from the Company, the Company along with its affiliated companies and permitted agents, may use cookies and / or pixel tags to collect information and store your online preferences.

If we do combine NPI with PII, then the combined information will be treated as PII for as long as it remains combined.

We use various technologies to collect NPI including without limitation:

Cookies: A cookie is a piece of data that any website can send to your browser, which may then be stored on your computer as an anonymous tag that identifies your computer but not you. To enhance our Services, some of our web pages and applications use Cookies, sent by us or our third party vendors, or other technologies. You may control the effect of cookies through your browser settings, however some features of our Services may not work properly if your use of cookies is disabled.

Web beacon or other technologies: We often use web beacon in conjunction with cookies, to enhance our Services on a number of pages of the Platform. A non-identifiable notice of a visitor’s visit to a page on the Platform is generated and recorded. Such notice may be processed by us or by our suppliers. To disable some of these features, you may disable cookies in your web browser’s settings. Web beacon and other technologies will still detect visits to these pages, but the notices they generate are disregarded and cannot be associated with other non-identifiable cookie information.

We may also collect other non-specific information to provide you better access to the Services each time such as preferences and interests and other non-personal details names shared via the Platform, any application form or email or any other medium. We may also store and publish such information to assist us in making the Platform better and easier to use.

Information Usage and Sharing

Our primary goal in collecting the Information is for us to render the Services to you, and to ensure quality and efficiency in the Services provided to you. Additionally, we will also be using the Information for our internal operational purposes, such as providing, maintaining, evaluating, and improving the Platform and the Services, and also for providing customer support. We would also be sharing the information with others in the manner provided in this Privacy Policy.

Please note that the Company does not trade or sell your PII in any manner.

We may share Your PII with third parties only in the following limited circumstances:

To provide other businesses or persons for the purpose of processing PII on our behalf in connection with the Services. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and all other appropriate confidentiality and security measures;

We have a good faith belief that access, use, preservation or disclosure of such PII is reasonably necessary to: (i) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (ii) detect, prevent, or otherwise address fraud, technical or security issues, (iii) enforce applicable terms and conditions of the Platform including but not limited to Member Agreement, Privacy Policy and Fees/Penalty Policy, which may be further extended to investigation of potential violations thereof, or (iv) protect against harm to the rights, safety or property of the Company, its users or the public as required or permitted by law;

To protect and recover our assets viz. rented vehicles/ outstanding dues in furtherance of our Services;

To protect ourselves against third-party claims;

We reserve the right to transfer any/all personal information we have about you in the event that we sell or transfer all or a portion of our business or assets to a responsible buyer;

We partner with third-party entities to provide you with additional services related to our business, such as ride-sharing, referral programmes or parking benefits. When you purchase, register, or otherwise express interest in a product or service offered by a third party through the Platform or sponsored on our Platform, you consent to our sharing your PII with those parties. Your participation in rewards programs, discount offers, contests, or other programs that involve third parties, impliedly authorizes us to share your PII with those parties. A third party’s use of your information is bound by contracts and agreements between us and the third party. We only share information reasonably needed to provide the additional services/ benefits. By sharing this information with us, you agree that we are not liable or responsible for the actions or inactions of third parties; and

We may disclose / share information to those third-parties who support our business, such as providing technical infrastructure services, analysing how our services are used, measuring the effectiveness of advertisements, providing customer support and business support services, facilitating payments, or conducting research and surveys, and such information will be used for the limited purposes of such services received by us.

We may share NPI with interested third parties to help them understand the usage patterns and analyses for certain Services. Any NPI and data and analyses arising therefrom may be shared by the Company to its existing and potential partners, advertisers, investors, and others.

Links to / from Third-Party Websites

This Platform may contain links to third-party websites, products, and services. Information collected by third parties, which may include without limitation information such as location data or contact details, is governed by the privacy practices undertaken by such third parties. We encourage you to learn about the privacy practices of those third parties. We expressly assert that we cannot be responsible for these practices.

We may have presence on social networking websites including but not limited to LinkedIn, Facebook, Twitter, YouTube and blogs which are promotional and business initiatives to attract, engage and connect to a larger group of people. The domain links contained therein may either direct you to our Platform or request your participation by way of feedback, suggestions, etc. We, in this regard, fully disclaims any liability(ies) or claim(s), which may arise by use/misuse of your feedback, suggestions, views, etc. on any of the aforementioned networking websites or blogs, by any third party whether or not known to us.

Information Security & Retention

We take precautions including without limitation administrative, technical and physical measures to safeguard your personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access.

For this purpose, we adopt internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems, where we store your PII, provided that your right to claim damages shall be limited to the right to claim only statutory damages under the Information Technology Act, 2000, and You hereby waive and release Us from any claim of damages under contract or under tort. Specifically, while we will ensure our best efforts to protect your Information in line with commercially reasonable efforts and general industry standards; however, we do not represent, warrant, or guarantee that your Information will be protected against unauthorized access, loss, misuse, or alterations beyond our reasonable control of the Company, and we do not accept any liability for the security of the Information submitted to Us or for your or any third parties’ misuse of your Information.

When you use our services or post on the Platform, some of the PII you share is visible to other users and can be read, collected, or used by them. You are responsible for such PII you choose to submit in these instances. Further, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

We are strongly against the fact that another user logs in to his/her mobile phone using your mobile number to use our services. This is strictly against our policies and would attract the action/penalties as described in the Members Agreement and Fees/Penalty policy.

We may share your Information with third parties for the purposes mentioned in Section 5 under a confidentiality arrangement in connection with our Services, which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the purposes defined under the respective confidentiality arrangements. However, we shall not be held responsible for any breach of security or for any actions of any third parties that receive your PII. We shall not be held liable for any loss or injury caused to you as a result of you providing your PII to third party (including any third party websites, even if links to such third party websites are provided on the Platform).

Force Majeure

Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your PII, 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 commercial control), power or electricity failure or unavailability of adequate power or electricity.

While we will endeavour to take all reasonable and appropriate steps to keep secure any PII which we hold about you and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of your PII. Please exercise reasonable caution when determining what information you disclose via the Platform.

You understand and agree that the we may continue to store your Information after you cease use of the Services or disable your use of, access to, or otherwise of the Services or the Platform. Please note that the Company shall not use, share or/ and disclose your PII with its affiliates, vendors, third parties etc., after you cease use of the Services or disable your use of, access to, or otherwise of the Services or the Platform, unless required by law to do so. NPI will be retained indefinitely, and we may however continue to use, share and/ or disclose your NPI in furtherance of our Policies.

You acknowledge and agree that we reserve the right to remove or edit content, refuse service, terminate accounts, or cancel plans or orders at our sole discretion.

Our Platform may provide links to any other website or locations for your convenience, but the provision of such links does not signify our endorsement of such other website or location or its contents. We have no control over, does not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or location or its contents.

Payment Related Details

We use Razorpay’s Payment Gateway and Paytm Payment Gateway for processing online payments. We do not store your credit card details or debit card details or your internet banking details on our servers. The payment data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing your payments. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction and is not saved thereafter.

The payment gateway adopted by us adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Master Card, American Express and Discover. PCI-DSS requirements will help ensure the secure handling of payment data information by the Platform.

Payment gateways and other payment transaction processors will have their own privacy policies in respect to the information you are required to provide to them and we are required to provide to them for your payment-related transactions, and as such, those details will be governed by their privacy policies.

Operating System Permissions

Mobile platforms (Android and iOS) have defined certain types of device data that apps cannot access without Your consent. These platforms have different permission systems for obtaining your consent. Upon becoming operational, the iOS platform will alert you the first time the Howdy App wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Howdy App seeks before you first use the App and your use of the App constitutes your consent. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time. Android permissions:

Device & App history:

We need your device permission to get information about your device, like OS name, OS version, mobile network, hardware model, preferred language, installed apps etc. Based on these inputs, we intend to optimize your overall experience by understanding your preferences and by using OS specific capabilities.

Identity:

This permission enables us to know about details of your account(s) on your mobile device. We may use this info to auto-fill your email address and provide a typing free in-channel experience. It also allows facilitating your login.

Contacts:

If you allow us to access your contacts, it enables us to make it easy to get referred by your friends and also send across referral links to your friends. This information will be stored on our servers and synced from Your phone.

Location:

This permission enables us to provide you a personalized experience based on your location. For example- Your location will help us in curating the list of all the hubs near you and displaying it on your mobile screen.

SMS:

If You allow us to access your SMS, we will read your SMS to autofill and verify the OTP used to validate your mobile number when creating an account with us – this provides You a seamless experience during that process.

Wi-Fi:

When You allow us the permission to detect your wifi connection, we optimize your experience based on the connection speed.

Device ID & call information:

This permission is used to detect your Android ID through which we can uniquely identify users. Grievances

In accordance with the relevant provisions of the Information Technology Act, 2000, and the rules made thereunder, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Member Agreement, this Privacy Policy and other polices of Howdy are published as under:

Grievance Officer Name: Sri Venkatesh PS, Founder, Email address: HYPERLINK "mailto:[email protected]" [email protected] The Grievance Officer can be contacted via email between 8 a.m. to 6 p.m. from Monday to Sunday, except public holidays.

Governing Law

Howdy is incorporated in and based out of India, and is duty bound to abide by Indian laws. We may not have complied with some privacy laws of other countries and further represent to be unaware of such other legal requirements.

Further, any disputes regarding this Privacy Policy shall be subject to the jurisdiction of the courts of Chennai.

Questions and Contact Information

If you would like to access, correct, amend or delete any of your Information shared with us, please register a complaint, or if you want more Information about this Privacy Policy, please contact us [email protected] We shall respond to and address all reasonable concerns or inquiries in a reasonable amount of time.

Updates to the Privacy Policy

We reserve the right to modify, amend, suspend, terminate or replace this Privacy Policy from time to time within our sole discretion. We will post any changes made to the Privacy Policy on the Platform without prior notice to you. Such changes will take effect immediately upon their posting on the Platform. If we make material changes to this Privacy Policy, we may notify you that it has been updated to enable you to review the materially-changed Privacy Policy.

We encourage you to review the Privacy Policy frequently. By your continued use of the Platform, you consent to the terms of the revised / updated Privacy Policy.