Privacy Policy

Introduction.

At Zendrive, the protection of your personal information is important to us. This Privacy Policy explains how Zendrive Inc., its subsidiary Zendrive India Private Limited., and affiliated entities (together, “Zendrive”, “Company”, “we” or “us”) collect, use, share, and process the personal information of users of the services offered or made available by Company including those at or described in www.zendrive.com and those offered or made available through corresponding sites on social media outlets or through corresponding applications on mobile devices (collectively, the “Service” or “Services”). By using or accessing the Site or other Services or by submitting information to Company, you consent to terms of this Privacy Policy.

This Privacy Policy applies to both (a) individuals and entities that sign up or contract directly with Company for any of the Services (referred to herein as “Client”, “you”, “your” and “users”) and (b) individuals and entities whose information and data is provided to or collected by Company directly or indirectly through its Services, including any such individuals and entities who are customers or users of Client’s own products or services (“Client Services”), for example, drivers who work for or are customers of a social transportation network, an insurance company, or another business (any of such parties referred to herein as a “Client Customer” or “Client Customers”).

Please note that this Privacy Policy applies only to our information-gathering, use, and dissemination practices in connection with our Services. This Privacy Policy does not apply to any of our information practices conducted separately by the Company outside of the Services. Furthermore, this Privacy Policy does not apply to Client Services and therefore Client Customers are encouraged to read the Clients’ own privacy statements with respect to any use of such Client Services.

This Privacy Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Privacy Policy. To the extent any translated versions of this Privacy Policy conflict with the English language version, the English language version of this Privacy Policy shall control.
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How To Contact Us.

If you have any questions about this Privacy Policy, please contact us at privacy@zendrive.com.
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What Information Do We Collect?

We receive or collect your personal information to carry out the obligations arising from providing and improving the Service and for the other uses expressly described in this Privacy Policy below. This section describes the types and categories of personal information we may collect, and the next section of this Privacy Policy below describes how we may use that information.

Information You Provide To Us Directly.

When you sign up or contract for the Service or create an account with the Service, we may receive or collect one or more of the following items: name, address, email address, telephone number, account identifiers, account password, payment information, credit card information and other billing data. For example, you may provide personal information directly to us in connection with signing up, registering or interacting with Zendrive through the use of the Service, when you set up an account for Services, when you subscribe to email alerts, updates or newsletters, or when you respond to a survey, fill out a form, or complete or update any user or Client profile through the Service.

Client Customer Data.

Client Customer Data consists of personal and non-personal information collected from Client Customers as a result of using Client Services that is then received or collected by Company in connection with the Services (“Client Customer Data”).

You agree not to provide or arrange for us to access— through the use and implementation of our Services or otherwise— any Client Customer Data that we are not permitted to use in accordance with this Privacy Policy, other applicable agreements, or any applicable law.

As a result of your use of the Service, we may collect the following Client Customer Data: an individual’s gender, city or state of residence, age, characteristics, driving behavior, driving locations and driving activities as well as data regarding particular trips one has taken, types of vehicles used and similar information. We collect, receive, and store non-identifying data when you directly provide it to us through the Services, or when a Client Customer provides it through the use of Client Services that employ or are connected to the Services. Client may choose to share additional Client Customer Data with us, such as name, email address and other information, which will then identify the user associated with the Client Customer Data.

Information We Automatically Collect.

We may receive, collect, generate and store certain types of information whenever you use the Service, as well as when Client Customers use the Client Services or otherwise interact with us. For example, one of our applications or Services may collect data regarding driving activities or behavior and our Services may then analyze such data and generate derivative data or aggregated data as well as reports and other output.

As another example, we may automatically record your activity when using the Service such as the time and date of your activities, your IP address, browser type, Internet Service Provider, page views, domains, operating system, and similar information.

Also, we may automatically send and receive information to and from a computer, mobile phone or other devices in connection with the use of the Services. Like many websites and online services, we may also use “cookies” (see the below section titled “Our Use of Cookies” for more information), log files, web beacon technologies, and other automated tools to obtain certain types of information when a web browser, mobile application or other applications accesses the Services. This information helps us provide the Service and design and improve the Service to better help our users.

User Content.

User Content is information, data, text, files, software, graphics, music, audio, photographs, video, messages, communications or other materials (other than personal information or Client Customer Data), that you or Client Customers upload, submit, post, transmit, share or otherwise provide on, through the Service. For example, we receive and store User Content provided to Company when you (or, if applicable, Client Customers):

• Use the Services;
• Post, upload, submit or otherwise provide content, materials or other information on, through or to the Services;
• Fill out surveys or questionnaires or sign up for or enter promotions, events or other special activities on, through or to the Services;
• Communicate with Company or with other users or participants of the Services (including the content of such communications and information provided in connection with such communications); as well as
• Provide information to third parties and their web sites, applications and services which are accessed or used by Company or on, through or to the Services.

How Is Information Used?

Company may use the information submitted, collected, received or generated from or about you or Client Customers for any of the following purposes:

• To operate, provide, administer, develop, and improve the Service, as well as to operate and support the Company’s related businesses;
• To better understand how you and Client Customers access and use the Services on an aggregated and individualized basis, to track and monitor usage, to conduct quality control, to fix technical and other errors or problems, as well as to conduct market research and to respond to user desires and preferences;
• To analyze, compile, publish, sell and otherwise similarly commercialize information (other than personal information unless de-identified or anonymized), including without limitation derivative information and analyses, relating to usage and users of the Services. The foregoing includes, for example, the distribution or sale by Company of aggregate or de-identified or non-identifying data or the use of de-identified or non-identifying data to provide products or services to third parties;
• For advertising, marketing and promotional purposes (excluding the provision to third parties of, or the publication of, any personal information);
• To provide personalized experiences and recommendations, language and location customization, personalized help and instructions, or other responses to the usage of our Services;
• To provide user support and handle inquiries;
• To communicate with or contact you concerning the usage of or participation in the Services, and for other customer service purposes; this could include the use of e-mail addresses to send messages and notices for the purposes described above and below;
• To offer content, services, or other products and services, including to develop new services and products;
• To provide news and newsletters, special offers, promotions, and targeted advertising (which excludes the provision to third parties of, or the publication of, any personal information);
• To comply with applicable laws, rules and regulations and any regulatory mandate or court order;
• To enforce our Terms of Service, as well as other applicable agreements, rights, and remedies;
• To protect the safety of any person, to address fraud, security or technical issues, or to protect the Company’s rights or property;
• To use the name of entities who have signed up for Services or otherwise contracted with Company in Company’s own marketing, advertising, and promotional materials (notwithstanding anything to the contrary above);
• To use in any other manner, or for any other purpose, for which you have given permission or consent to Company.

When Is Information Shared Or Disclosed?

Information provided by our users is an important part of our business. Company will share and disclose information submitted, collected, received or generated from or about you or from or about Client Customers only as compatible with the purposes described in this Privacy Policy and as permitted by law. You are responsible for ensuring the legal basis for processing and obtaining any required consent from your Client Customers and providing such notice to your Client Customers as part of your use of the Service. Information is shared with or disclosed to others as follows:

• Aggregated Data and Anonymous Data: Company may publish and otherwise disclose on an aggregated basis, information (including derivative information and analyses) relating to usage and users of the Services. Company may also publish and disclose information that does not contain personal information or is de-identified and not connected to the name of an individual or entity nor connected to similar information that would allow one to be specifically identified or contacted;
• Disclosures In Connection with Permitted Uses. Company may disclose your and Client Customer Data (other than personal information) to third parties in connection with the purposes described in the previous section such as, for example, to commercialize non-identifying information relating to usage and users of the Services or to implement advertising, marketing or promotional activities or transactions. Company may also share information from and about Client Customers with you. Company may also disclose the name of entities who have signed up for Services or otherwise contracted with Company in the Company’s own marketing, advertising, and promotional materials;
• Company Affiliates: We may share your and your Client Customer Data with our subsidiaries and other affiliates, but only if those entities are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy;
• Public Forum: Any User Content or other user information, content or materials submitted, posted, shared, transmitted or otherwise provided to public portions of the Service may be shared with the public without restriction. Company also reserves the right to publish or make publicly available any information that is already publicly available prior to the time first provided to or collected by Company or information that becomes publicly available without any action or omission on the part of Company;
• Contractors, Collaborators and Agents: We may employ other companies and individuals to perform functions or services for Company or otherwise act on our behalf. Examples include resolving service problems, hosting websites or software, correcting errors related to the execution of the Services, sending postal mail and e-mail, analyzing data, providing marketing assistance (including data concerning marketing and promotional programs), developing websites and software, providing customer service, assisting Company with providing, administering, developing or improving the Services, as well as for other purposes within the ordinary course of business. These third parties may have access to the personal information and other information needed to perform their functions on our behalf. We use reasonable efforts to require these companies to (1) provide adequate protections for personal information that are no less protective than those set out in this Privacy Policy and (2) use personal information only for the purposes for which the third party has been engaged by us. We are not liable for the acts or omissions of these third parties, except as provided by applicable law;
• Business Transfers and Collaborations: As we continue to develop our business, we might sell the Company or its business or assets or sell or buy online sites, services, subsidiaries, or other businesses; or we might collaborate or partner with other companies in strategic transactions, business arrangements or licenses. In such transactions, customer and user information and information regarding usage of the Services (including without limitation Client data, User Content and Client Customer Data) generally would be one of the transferred business assets or otherwise one of the components of, or involved in, the transaction; we may therefore share this information in connection with such transactions or arrangements;
• Compliance with Law and Protection of Company and Others: We reserve the right to disclose personal information and any other information when we believe release is appropriate to comply with the law, judicial proceeding, court order, subpoena or other legal process; detect, prevent, or otherwise address fraud, security, emergency situations or technical issues; enforce or apply our TOU, Terms of Service and other agreements, rights and remedies; or protect the rights, property, or safety of Company, our employees and contractors, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes.

The Services may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to you or your activities therewith. The use, storage, and disclosure of such information by these third parties is subject to their own privacy policies.
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Security and Protection of Your Information.

Zendrive prioritizes safeguarding your information and protecting the security of your personal information and your Client Customer Data. We use appropriate, industry-appropriate security measures and technology to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, user information covered by this Privacy Policy (excluding any such data that may be disclosed or publicly shared in accordance with this Privacy Policy). In this regard, we employ administrative, physical and technical measures designed to protect personal information from unauthorized access and disclosure and to safeguard such information against loss, theft, alteration, and destruction. No method of security is 100% secure.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of unencrypted electronically stored personal information (as defined in applicable statutes on security breach notification) to you via email or conspicuous posting on or through the Services in an expedient manner and without unreasonable delay, insofar as these are consistent with (i) the legitimate needs of law enforcement, (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, and (iii) applicable law.
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Our Use of Cookies.

Like many services, websites or applications, we may use “cookies” or similar technologies to collect information. A cookie is a small data file that we transfer to your computer to allow the Service to operate, to improve and measure its performance, enable logged in user sessions to operate, to enable reporting, and for any of the other purposes permitted in this Privacy Policy. For more information about cookies and related technologies, you should review our cookie notice. www.zendrive.com/cookie-notice
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How Long Do We Keep Your Personal Information?

Unless otherwise specifically stated elsewhere in this Privacy Policy, we will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. If you request that your personal information be removed and close your account, your data is removed from our systems no later than 30 days from receiving the request.

Aggregated and anonymized Client data and Client Customer Data that no longer identifies the user of the Service is maintained only for the purposes necessary to provide the Service and for the other purposes expressly described above in the Section about how we use information.
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Where Do We Process Your Personal Information?

• International Transfers: Our Services are hosted in the United States. If you or your Client Customers use the Service from the European Union, Asia or any other country outside the United States with laws or regulations governing personal information collection, use and disclosure that differ from the United States laws and regulations, please be advised that through the continued use of the Services, you (or the Client Customer) are transferring information to the United States and you consent to that transfer. Your information and Client Customer Data may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us or use the Services, Company transfers personal information to the United States and processes it there, and your submission of such information represents your consent and agreement to that transfer.
• Privacy Shield Notice: We comply with the EU-U.S. Privacy Shield and Swiss-U.S. privacy framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information received from European Union countries and Switzerland (the “Privacy Shield”). We have certified that we adhere to the Privacy Principles of notice, choice, and accountability for onward transfer, security, data integrity, purpose limitation, access, and recourse, enforcement and liability (the “Principles”). If there is any conflict between the policies in this Privacy Policy and the Principles, the Principles shall govern. In cases of onward transfers of data received pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield, we are potentially liable in congruence with the tenets set forth in the Privacy Shield. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/. For more information regarding our Privacy Shield certification, please see: https://www.privacyshield.gov/list.
• We may also disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requests, in accordance with the tenets set forth in the Privacy Shield.

Jurisdiction & Enforcement.

• As part of our participation in the Privacy Shield, we are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
• For European Union residents, you also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
• In compliance with the EU-US and Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact us at privacy@zendrive.com.
• We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus, located in the United States and offered to individuals free of charge. The BBB EU Privacy Shield program details can be found at https://www.bbb.org/EU-privacy-shield/for-eu-consumers.
• Additionally, an individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms; additional information is available here regarding arbitration: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Our Legal Basis For Processing In The European Union.

If you are resident in the European Union, we need to inform you about the legal basis on which we collect and use your personal information. In the European Union, the processing activity and associated legal basis under which we process your personal information are as follows:

• To provide the service: You have entered into a contract with the Company and we need to use your personal information to provide the Service.
• Marketing communications and advertising: These processing activities constitute legitimate interests. We make sure we balance any potential impact on you and your rights before we process your information. We do not use your personal information for activities where our interests are overridden by the impact on you, unless we have consent or are otherwise required or permitted by law.
• For compliance with the law: Processing is necessary to comply with our legal obligations.
• With your consent: Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the service or by contacting privacy@zendrive.com.

European Union Privacy Rights.

If you are located in the European Union, you have the following Data Subject Access Rights (DSARs) with respect to your personal information that we hold:

• Right of access: The right to obtain access to your personal information.
• Right to rectification: The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
• Right to erasure: The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction: The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information.
• Right to portability: The right to portability allows you to move, copy or transfer personal information easily from one organization to another.
• Right to object: You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one or any combination of these rights, please contact us at privacy@zendrive.com

California Privacy Disclosures & California Privacy Rights.

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. We do not currently respond to Do Not Track Signals.

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes, subject to certain exceptions. In general, subject to certain exceptions, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide, free of charge, a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by sending an e-mail to privacy@zendrive.com.
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Our Policy Toward Children.

You must be 18 or older in order to use the Services, and you must represent and warrant that you are at or over the age of 18 in the signup process. Children under the age of 18 are not eligible to use the Services and must not attempt to sign up with the Services or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 18 or allow them to register. If it comes to our attention that we have collected personal information from a person under the age of 18, we will promptly delete their information as permitted by law.
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Links to Other Sites, Services and Applications.

Our Services may contain links to, interoperate with, and allow you to share content to and from third-party services, websites and applications. The fact that we link to a website, service or application or allow you to share content through these third parties is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. Other websites, services, and applications follow different rules regarding the collection, use, storage or disclosure of the personal and other information. We encourage you to read the privacy policies or statements of the other websites, services, and applications you use.
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Limitations Of Liability.

Even though Company has taken reasonable commercial steps and efforts to prevent personal information and other information covered by this Privacy Policy from being accessed, used, intercepted or disclosed by unauthorized individuals in violation of this Privacy Policy, you should know and you acknowledge that Company cannot fully eliminate security risks associated with your information and information of Client Customers. You expressly acknowledge and agree that uploading, posting, providing, storing, using, analyzing, transmitting, sharing as well as allowing access to personal information and other information on, through, in or to the Services, and the use of all such Services, are all done at your sole risk and responsibility. You expressly acknowledge that Company is not liable, except as is required by law, for (i) any special, indirect, consequential, incidental or punitive damages, costs, or liabilities whatsoever arising out of or resulting from your use (or any Client Customer’s use) of the Services, including from uploading, posting, providing, storing, using, analyzing, transmitting, sharing as well as allowing access to personal information and other information; or (ii) any loss, disclosure or use of your (or a Client Customer’s) personal information or other information.

Our Changes To This Policy & Our Terms of Service.

This Privacy Policy may be updated or modified from time to time. We will provide notice of any changes by posting the new Privacy Policy on the Zendrive website. You are advised to consult this Privacy Policy regularly for any changes. If we make any material changes, will notify you of such changes via the email address you provided when you signed up for the Service.

This Privacy Policy and you are also subject to the Company’s Terms of Service and the applicable terms and conditions of the Company’s Terms of Service (including limitations on damages, jurisdiction of disputes and application of law) shall apply to this Privacy Policy and any disputes relating to privacy and use or protection of information hereunder.