1. DEFINITIONS

The Parties (namely < Pudge Technologies Private Limited > (“Company” and the User) to this Privacy Policy hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Privacy Policy shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Privacy Policy may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, the meanings of the terms defined in the Terms of Use executed between the User and the Company shall be made applicable mutatis mutandis to this Privacy Policy:

“Public Information” shall mean any information that is available to anyone on or off our Service and/or App and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.

“Collected Information” shall have the meaning ascribed to it in Clause 3.1.

“Non-Aggregated Collected Information” shall have the meaning ascribed to it in Clause 3.3.

“Aggregated Collected Information” shall have the meaning ascribed to it in Clause 3.7.

“Usage Patterns” shall include the frequency of use of the App and/or Service of the User, diversified usage of different modes of Transport Service, frequency usage of each Transport Service Providers, and the overall costs incurred by the User.

• INTERPRETATION CLAUSE

In this Terms of Use, except to the extent that the context otherwise requires:

1. 1. References to a statute, ordinance or other Law shall be deemed to include any references to a statute, ordinance or other Law as amended, supplemented  or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statue, ordinance or other Law;

1. 1. References to Clauses, are reference to clauses in this Terms of Use unless the context requires otherwise and the recitals to this Terms of Use shall always be deemed to form part of this Terms of Use;

1. 1. The headings are inserted for convenience only and shall not affect the construction of this Terms of Use;

1. 1. The masculine gender includes the feminine gender and vice versa.

1. 1. In the context of this Terms of Use, the Parties agree that their respective rights and obligations under this Terms of Use shall be interpreted, acted upon and governed in accordance with the terms and conditions of this Terms of Use.

• DATA COLLECTION

1. 1. The Company shall collect and store the following information (“hereinafter referred to as “Collected Information”) :
      1. Activities and/or omissions of all the Users and the information provided by them on the mobile application, including
      2. The geo-location of the User
      3. The User’s network and connections
      4. Device information of the User.
      5. Information from the third party partners.
      6. Any preferences by the User in relation to utilization of any and all features of the App and/or Service.

1. 1. The Company shall use Collected Information for the following reasons:
      1. Provide, improve, develop the Service and/or the App
      2. Communicate with the User in a more efficient and effective manner
      3. To promote safety and security
      4. For better User experience
      5. For better decisions and better choices
      6. For displaying and measuring the services rendered through the App
      7. For research and data analytics.
      8. For communicating to the User about the latest marketing information about the Service and/or the App, including but not limited to offers and promotions that can be availed by the User.

1. 1. The Company reserves the right to share the Collected Information which can be used for personally identification of any User (hereinafter referred to as “Non-Aggregated Collected Information”) only in the following instances:
      1. To other Users, for the due completion of the Services envisaged herein and the corresponding Terms of Use.
      2. If required under Applicable Law or for a bona fide purpose to facilitate a judicial proceeding.
      3. In case of violation or perceived violations of any of these clauses in the Terms of Use and/or any other policies of the Company.
      4. In case of violation of any third party rights, including but limited to that of the Public Service Provider.
      5. In case of change of ownership of Company, to such new owner.

1. 1. Notwithstanding anything contained herein, the Company shall not sell any Non-Aggregated Collected Information to any third party.

1. 1. The User understands, acknowledges, affirms and agrees that the Company reserves the right to make available Non-Aggregated Collected Information to third parties for commercial use, including but not limited to aggregated user preference data collected on the App as well as their collected Usage Patterns.

1. 1. Notwithstanding anything contained herein, the Company does not hold and/or otherwise have access to any payment related information about the User, including but not limited to any prepaid wallets, debit cards and/or credit cards.

1. 1. The Company reserves the right to share the Collected Information which cannot be used for personally identification of any User (hereinafter referred to as “Aggregated Collected Information”) to any third party, and includes any information which is fetched on an individual basis from any User which maintains anonymity.

1. 1. Aggregated Collected Information does not include Public information. 

1. 1. The Company does not take any responsibility for misuse of the Public Information on or off the App.

1. 1. The User grants the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property in relation to any information and/or content that is shared by the User on or off the App in connection with the Service. The license shall persist even after the deletion of such information and/or content from the App in case the Company has backed up the data for requirement under Applicable Law or for the purposes laid down and those incidental thereto in Clauses 3.1, 3.2 and 3.3.

1. 1. The User understands, acknowledges, affirms and agrees that the Company uses third party analytics tools in relation to the Service and shall be subject the cookie policy as may be applicable in relation to such third party.

1. 1. The User understands, acknowledges, affirms and agrees that the Company uses third party servers in relation to the dissemination of its Service and has no control over the any deficiency of service and/or downtime in relation to the same.

1. 1. The User understands, acknowledges, affirms and agrees that the Company has adopted reasonable security procedures and processes that are in accordance with industry standards and shall not be liable for any security breach for circumstances beyond the control of the Company and/or by any external targeted cyber-attack.