- SCOPE AND PURPOSE
- ZENO MOTO INDIA PRIVATE LIMITED, a company, incorporated and existing under the Companies Act, 2013, having corporate identification number (CIN) U30911KA2024FTC185896 and its registered address at No 28 18th cross 9th Main, 7th sector HSR Layout, HSR Layout, Bangalore, Karnataka – 560102 (hereinafter referred to as “Zeno”, “We”, “Us”, “Company” or “Our”). The company is engaged in manufacture, after-sale Services, lease and rental of EVs (defined hereinafter), providing charging solutions, EVs batteries and allowing commercial infrastructure for EV’s to operate at a scale. The company has presence in foreign countries as well. The Company is concerned about the privacy of the Users (hereinafter referred to as “You”, “Your” or “User”) of its online Website (“Website”) or mobile applications (“App”), and has provided this privacy policy statement (“Privacy Policy”) to familiarize You with a general understanding of:
- The circumstances under which We collect and Process Your Personal Data (defined hereinafter);
- The types of Personal Data We collect;
- The reasons for collecting Your Personal Data;
- How We handle Your Personal Data; and
- Contact details for Us so You can receive information about and claim Your rights in relation to Your Personal Data.
- This Privacy Policy is updated continuously to reflect the measures taken by Us in relation to Your Personal Data.
- DEFINITIONS
The following definitions are Used in this Privacy Policy:
“Aggregated Form” shall mean the summarized form of information used for conducting statistical analysis and can also help make more informed decisions about marketing strategies, price settings, and structuring operations, among other things.
“Applicable Laws” shall mean any statute and law promulgated by the parliament of India and shall also include all laws, rules, regulations, ordinances, judgments, orders, decrees, authorizations, or any published directives, guidelines, requirements or governmental restrictions having the force of law including but not limited to Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or any determination by, or interpretation of any of the foregoing by, any regulatory, legal, statutory, quasi – judicial, judicial authority, whether in effect as of the date of this Privacy Policy or thereafter and each as amended from time to time;
“Authorized Dealers” shall mean [•];
“Consent” shall mean any freely given, informed and unambiguous statement which maybe given by a clear affirmative action;
“Cookie” or “Cookies” shall mean a small piece of information given to a web browser by a web server. The browser stores the information in a text file so it can be sent back to the server each time the browser requests a page from the server. Cookies have the capacity to store some of Your Personal Data and hence would serve as a legal ground for placing, collecting and having access to such information. For more details on what Cookies We use and what personal information We store through the use of Cookies You may refer to Our Cookie policy .
“Data Fiduciary”- Any natural or legal person that alone or jointly with others, determines the purposes and means of the Processing of Personal Data. For the purposes of this Privacy Policy, Zeno Moto India Pvt Ltd is the Data Fiduciary;
“Data Processor” - The natural or legal person who Processes Personal Data of Data Principal on behalf of the Data Fiduciary. For the purposes of this Privacy Policy, Zeno Moto India Pvt Ltd may engage third-party service providers (such as cloud storage, analytics, or communication partners) as Data Processors, in accordance with Applicable Laws.
“Data Principal”- The natural person who interacts with Us and whose Personal Data We collect in accordance with the provisions of this privacy policy. For the purposes of this Privacy Policy the User is the Data Principal;
“Emergency Contact" shall mean a secondary contact provided by the User, if communication with User cannot be established;
“Erasure” or “Deletion”- the irretrievable obliteration or destruction of Your saved Personal Information stored with Us, such that Your reidentification through this information becomes impossible;
“EVs” shall mean 2-wheeler electronic vehicles;
“Financial Information” shall mean sensitive information such as credit card or debit card number including expiry date and card verification value number;
“Government of India” shall mean the national authority of the Republic of India, headed by the President, along with the Prime Minister and other ministers, who provide aid and advice in the performance of their duties;
“Governmental and Public Authorities” shall mean any authority or body or institution of self-government established or constituted by or under:
- the Constitution;
- any other law made by Parliament;
- any other law made by State Legislature; and
- notification issued or order made by the Government of India in such matters which may have an effect to this Privacy Policy;
“Grievance Officer” shall mean a person appointed by the Company to redress the grievances or provide information as per the request of the User;
“HMI” shall mean a user interface or dashboard that connects a person to a machine, system, or device;
“Online Web Behaviour Data” shall refer to the Processing of Your information, as and when You visit the Website or App and consent to the Use of Cookies, which may include Your IP address, browsing activity on the Website such as Product interests and configurations, device information, unique online identifiers, and interactions with Our ads on Third Party websites.
“Personal Data” or “Personal Information” shall mean 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 the Data Fiduciary, is capable of identifying such person. This may include Personal Information, including but not limited to, name, postal address, phone number, email address, contact preferences, etc;
“Process” or “Processing” or “Processed”- It means any operation or set of operations, performed on Personal Data or sets of Personal Data, including but not limited to managing by automated means. This may include collection, recording, structuring, alteration, adaptation, organization, Use, disclosure, dissemination, alignment or combination and analysis of Your Personal Data;
“Product” or “Products” shall include items such as any model of the EVs sold or advertised to be sold, or its spare parts, or HMI, or other accessories, etc. that is sold or manufactured by the Company;
“Pseudonymization” or “Pseudonymised” or “Pseudonymised Form” shall mean the technique where the Processed information is not identifiable to a natural person unless coupled with some other information. This information is kept separately with technical and security standards since this information may be converted Personal Data;
“Service” or “Services” shall mean facilities extended by the Company such as regular maintenance, replacement of spare parts, schemes & plans for the Product, professional expertise, etc.;
“Third Party” shall mean a natural or legal person, public authority, agency or body other than the Data Principal, Data Fiduciary, Data Processor and persons who, under the direct authority of the Data Fiduciary or Data Processor, are authorized to process Personal Data;
“T&C” shall mean terms and conditions of the Company;
- TYPE OF PERSONAL INFORMATION AND MANNER OF COLLECTION
- We may collect and Process Personal Information depending on the type of information We may require conditional to whether You are creating an account, pre-booking an EV, booking a test ride, or finalizing a purchase.
- Any or all information that is to be provided by You would be based on Your Consent. However, We would like You to note that certain Personal Information would be required for performing one or more Services. We are also required to collect certain Personal Data as and when required under Applicable Laws. In case You would not like to provide Your Personal Data, then You may not be able to avail some of the Services.
- The following are the types of Personal Information pertaining to You:
- Full name;
- E-mail address;
- Date of birth;
- Location information, including the GPS location of (a) any person placing an order the Website or App or any other mode and (b) while using location-based facilities through Products and Services;
- Provided for providing the Products or Services by Us;
- Address (including city or town);
- Photograph of the User;
- Emergency Contact information;
- Billing and shipping address;
- Phone numbers;
- Account login credentials and password;
- IP addresses;
- Details of the Products or Services ordered including pricing;
- Date of purchase of Products or Services;
- Details of the vehicle purchased such as vehicle license number, vehicle identification number, etc.;
- Driving license no. and expiry date or any other official identification proof;
- Telematics information such as performance, operations, performance, usage of Products;
- Payment information and history, excluding payment details that shall be Processed by an authorized payment service provider, which We do not collect;
- Various certificates, e.g., insurance certificate, etc.;
- Financial Information;
- Any device and device identifier information as may be deemed necessary; and
- Any other additional information as specified below.
- Of the above types of Personal Information, Your Financial Information is considered to be sensitive Personal Data. The Personal Information as listed above, other than Financial Information, is not sensitive Personal Data.
- Any information about You that You give to Us by entering information via the Websites, App, or by corresponding with Us by phone, email or otherwise is provided entirely voluntarily. The information You give to Us may include Your name, contact details (such as phone number, email address and address), etc., for example provided at the time of registration on Our Website or App.
- We may collect additional information from Your device or vehicle, including real-time location for location-based facilities like navigation. You can choose whether to enable or disable this feature.
- We may automatically gather Usage information such as device type, IP address, and location for security purposes, including fraud detection when You Use Our Website or App. We also track Your click and search behavior to enhance the User experience and improve Services such as making the App layout easier to use for You, rearranging search results, and customizing the design of specific pages. This may involve using Cookies for advertising and analytics.
- You can opt-in or opt-out of Cookies usage upon Your first visit the Website or App and specify their purposes. Consent can be revoked at any time through Website or App settings. Note that disabling Cookies may affect certain features and limit personalized communications.
- The Third Party from whom We may receive information may include Our subsidiaries, affiliates, or Zeno Moto Corporation, USA (“Parent Company”) or other Third Party companies.
- To enhance Product safety and facilitate You more conveniently, We may collect telematics information from Your vehicle, including Personal Information like the vehicle identification number and performance metrics. This information may be gathered during servicing appointments or via remote access through the App.
- We further 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. In such cases, We will inform You of the same and obtain Your Consent as, and if required.
- In all cases, we will utilize the Personal Information collected from these sources for the purposes as mentioned herein. Additionally, other provisions of this Privacy Policy will also apply to any Personal Information obtained from these sources.
- We wish to assure You that Your Personal Information is safe with Us. We will only Process Your Personal Information lawfully and for purposes as provided herein after.
- USER ACCOUNT SIGN-UP CONSENT
- We will be collecting and storing the following details from You during the sign-up stage to create User Account (herein defined):
- Email id;
- First name;
- Last name; and
- Phone number.
- The above-mentioned information will be utilized to create User Account on the Website and App, and will enable Us to identify and contact You in case You decide to use Our Services. They have to be mandatorily provided for creation of Your profile. The information that We collect is stored securely on cloud servers, located in India and abroad, employing state of the art security measures to keep Your information secure.
- This information may also be shared with Third Party for marketing and analytics purposes to provide You the best User experience, if We have Your Consent. You may select the applicable option for selecting how such information may be used by such vendors. Not consenting to such options may have an impact on the Services provided by Us to You.
- By selecting the applicable option, You allow Us to use Your information as indicated:
- We may use Your information for analytics which will enable Us to improve Services, Website, App and identify information which may be of specific interest for You.
- We may share notifications about features of the vehicle, offers and deals for the Products and Services offered by using Your contact information. We will contact You on Your –
- Phone number;
- Email id;
- Push notifications through mobile application; and
- Via text message and/or WhatsApp.
- We may share the above information with Third Party or Our Parent Company located abroad for marketing purposes so as to apprise You of any promotional campaigns, offers, advertisements, surveys, etc., in relation to their Products or Services.
- We shall, at Your request, removed the details from Our servers if You exercise Your rights as mentioned in this Privacy Policy.
- PURPOSE OF COLLECTION AND PROCESSING OF PERSONAL INFORMATION
- Your Personal Information is collected at the following stages:
- When You create an account and provide Us Your information (“User Account”);
- When You visit the Website;
- When You use the App;
- When You book a test ride;
- When You pre-order or purchase Our Products or Services;
- When You set up and drive any of Our Products;
- When We undertake activities such as servicing, referrals, affiliates, and/or other promotional activities,etc.
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- Your Personal Information will generally be used to enable Us to serve You better. This may include the following:
- Providing You with information about various models of the vehicle;
- Opening User Account on the Website or App;
- Booking a test ride;
- Ordering and purchasing the Product of Your choice;
- To verify Your eligibility for certain purchases and Services;
- To offer You additional offers and enhanced experiences while using the Website or App;
- To inform You of updates to, or changes in Products and Services;
- To share any changes to Our T&C and Privacy Policies;
- To inform You of new Products and Services;
- To provide vehicle support and servicing in an efficient and timely manner;
- For Product development purposes, for example to improve vehicle performance, quality and safety;
- To evaluate and improve Our offering to, and communication with You and other Users;
- To inform You about Our Products and Services and identify those that may be of interest to You;
- To comply with legal requirements or lawful authority requests; and
- To carry out market research.
- Where reasonably practical or as may be required by Applicable Laws, We will obtain Your Consent prior to collecting or using Your Personal Information.
- The request for Your Consent will be clear, specific and provide You with a reasonable basis on which to make Your decision. Your Consent is voluntary and can be revoked as per Your convenience.
- HOW INFORMATION IS PROCESSED
- Your Personal Information may be Processed by Our Website or App under different circumstances and under different lawful basis. We may use and Process Your Personal Information where You have consented for Us to do so for the following purposes:
- Process Your contact information, such as Your email, full name and contact number to create a User Account on the Website or App;
- Process Your Personal Information, such as Your name, contact information and an address location for arranging test drives, or where You have requested a call back for further information about Products and Services. Such information may be further Processed when the test drive has been completed;
- Process Your Personal Information, such as contact information, photograph, address of delivery, driving license or any other identity proof for Processing and completing the purchase of Products or Services;
- Processing Your Personal Information as necessary to for performance of a contract with You or to take steps at Your request before entering into the contract, including purchase and vehicle information, conducting post-sale activities, assisting with vehicle configuration, and sharing Your contact information with Our delivery partner for delivery. This Processing is essential for delivering the Products/ Services as per Your requested and ensuring a smooth transaction.
- Processing Personal Information as indicated above for a return, if You are not happy with the Product;
- Process payments or refunds, as the case may be, on Your behalf by using Your Financial Information;
- Process location-specific information, including Your favorite, saved, pinned, and searched locations if You have enabled location-based features. This information is used to provide location-based services, such as identifying nearby stores, charging stations, repair facilities, and other Product-related Services.
- Process Your Personal Information to inform You about urgent safety issues or Product recalls. Additionally, We may contact Your Emergency Contact in case of an incident or if We have reasons to believe that Processing of Your information could help prevent harm to You or others.
- We may Process various location specific information if You have opted for location-based features, in the form of Your favourite locations, saved locations, pinned locations, searched locations, etc., for providing various location-based facilities, such as Company’s stores, charging stations, repair facilities and other Services relating to the Products that are close to Your location;
- Processing Personal Information and vehicle information for servicing and/or repair activities;
- To supply brochures and other material You have specifically requested from Us;
- Where You have opted in, to be contacted by Us or by Our Authorized Dealers or Our recommended Third Party servicing providers via email, text message, post or telephone with marketing information about their Products and Services; and
- Complete and perform other Processing that You have expressly requested Us to complete or You have expressly agreed to Us performing, as the case may be. In such cases, We will again be taking Your consent for such requested Processing.
- You may withdraw Your Consent at any point of time by notifying the Grievance Officer. Please note that certain operations, such as Processing Your vehicle purchase would require certain Personal Information which is essential for completion of such operations. If You choose to withdraw Your Consent, We may not be able to provide You with Our Services.
- Further, We may Use and Process Your Personal Information where it is necessary for Us to pursue Our legitimate interests (“Interest”) and for other reasonable purposes as a business without compromising Your privacy for the following purposes:
- For analysis which will aid the marketing strategy;
- To improve, enhance and personalise User experience;
- For market research in order to continually improve the Products and Services that We deliver to You;
- To manage and maintain the Websites, 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 Personal Data against loss or damage, theft or unauthorised access, and for ensuring that the underlying systems operate with efficiency;
- For marketing activities, except where Your consent is required, 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 Product financed;
- To comply with a request from You in connection with the exercise of Your rights; and
- To enforce or protect Our contractual or other legal rights or to bring or defend legal proceedings.
- Whenever the Applicable Laws mandates Us to Process certain information for compliance or other legal purposes, We will have to collect Your information to abide by it. This may include Processing information like collecting Your age proof or driving license before You are permitted to have a test drive.
- MARKETING
- We may occasionally conduct promotional campaigns at various locations or assign salespeople to Our affiliate stores, repair centers, or charging network sites for brand outreach, based on the Personal Data provided voluntarily by You.
- We may Process Your Online Web Behaviour Data to recognize You as a returning visitor to the Website, analyze visitor behavior, improve Our communication and Website structure, and create a profile of Your interests, for instance, this might include categories such as “individuals who visited the product page, initiated configuration, and selected the color white”. This allows Us to display relevant advertisements for Our Products and Services on other Websites as Well.
- We may store the information in a Pseudonymized Form, which means that the information associated with You is linked to an online identifier.
- We may create group-level profiles based on Your Online Web Behaviour Data and Product interests. This allows Us to provide You with marketing relevant to Your segment, which serves as an Interest in Processing Your information for this purpose.
- We may, with Your Consent via a consent box on the Website or App, combine Your Online Web Behaviour Data with information from Third Party providers. If such Consent has been provided, We may, for instance, when signing up for a monthly update, combine Your Personal Information with the Online Web Behaviour Data that has been given provided to Us along with the information obtained from Third Party,
- We may, if any Personal Data provided voluntarily by You during physical promotional activities or at Our affiliate locations, demonstrating interest in Our Products, We may combine that information with Your Online Web Behaviour Data and information from Third Party wherever possible.
- We may receive information from Third Party including information collected via Cookies, which may encompass personal preferences, demographics, and content consumption, including browser history. This information is provided to Us in an Aggregated Form and combine it with Your Online Web Behaviour Data by matching Your unique online identifier, which is a character code (of certain digits), consisting of uppercase and lowercase letters, numbers, and special characters collected through Cookies. By combining these information sets, We enhance Your Online Web Behaviour Data and create segments to deliver personalized marketing on the Website, App and other sites You visit. These segments might be based on factors like estimated age, education, income, and Product preferences. This is conducted at a group level, meaning You will receive similar marketing as others in the same segment.
- We shall not be responsible for how Third Party applications linked to the Product collect or use Your Personal Data. Please review their terms carefully and contact the Third Party directly for any questions.
- We may, at Your Consent, combine Personal Data collected during Your interactions with Us with Your Online Web Behaviour Data for sending targeted marketing via email, and mobile push notifications.
- We shall assume that any information provided voluntarily by You during the aforementioned interactions is given with Your Consent. This information will be used to contact You regarding promotional offers and direct marketing campaigns conducted by Us.
- We collect this information through Cookies, and shall at all time, always ask for Your Consent before placing them. User may revoke this Consent at any time in manner as prescribed.
- SHARING/TRANSFER OF PERSONAL DATA
- We may share the Personal Information with Third Party or Authorized Dealers in order to provide You with better Services, which may include special requests, promotional materials and other information such as:
- Website hosting;
- Email services;
- Marketing;
- Contests and promotions;
- Auditing;
- Customer orders;
- Data analytics;
- Customer service;
- Customer research; and
- satisfaction surveys.
- We may circulate Your Personal Information within the Company in order to improve Our Services. We make sure that they are as committed as We are to protecting Your data and information.
- We may, in case of a merger or restructure, share and transfer all Your information as may be required to the newly formed entity.
- We may transfer your Personal Data to countries outside India, which may have different data protection laws. We will ensure appropriate safeguards are in place, as would be required by the Applicable Laws, for the transfer and shall inform You about such measures. For sensitive Personal Data, We shall obtain Your Consent before transferring it internationally with compliance to all legal requirements.
- We may deem it necessary to disclose Your Personal Data to Governmental and Public Authorities for reasons of national security, law enforcement or other issues of public importance. We shall, ahead of such transfer, inform You where legally permitted.
- 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 other User.
- RETENTION
- We shall only retain Your Personal Data for as long as it is necessary to fulfil the purposes outlined in this policy or the purposes of which You have otherwise been informed. This means that when You have Consented to Processing of Your Personal Data, We will retain the information for as long as the User relationship lasts and, where applicable, until the expiry of the warranty period, or until You withdraw Your Consent.
- If You have revoked or withdrawn Your Consent, We may retain certain Personal Data for the period required in order for Us to meet Our legal obligations and defend Ourselves in legal disputes. 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.
- RIGHTS OF DATA PRINCIPALS
- You have the following rights under Applicable Laws in:
- You have the right to request what information we are holding of Yours, how and for what purpose we are Processing it;
- You have the right to request for an update of information we are holding that is inaccurate and incomplete;
- You have the right to request for withdrawal of Your Consent;
- You have the right to request for Erasure of the information we are holding of Yours, but only in specific cases where provided by law;
- You have the right request that for restriction of Processing Your Personal Information if you believe it is unlawful or have objected to its use or if Your information has fulfilled its intended purpose;
- You have the right to object at any time to the Processing of Your Personal Data, including for marketing purposes, except for the purposes of Interest pursued by Us; and
- You have the right to unsubscribe from any the Services that are optional or make changes in the settings of the Website or App.
- To exercise the following rights, You will have to write to the Grievance Officer in manner as prescribed in this Privacy Policy.
- Except in exceptional circumstances, We will respond to Your request within 30 days from the date We receive Your email subjected to confirmation of Your identity, wherever applicable, to ensure that Your rights are being exercised appropriately.
- DISCLAIMER
- The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User Account and/or their verification purposes and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal course or otherwise.
- The Webite or App, along with its suppliers, affiliates, associates, and representatives, makes no claims regarding the suitability, reliability, availability, timeliness, or accuracy of the information, Products, and Services provided. All such offerings are provided on an "as is" basis without any warranty. We and Our respective suppliers, associates, and affiliates disclaim all warranties and conditions related to the information, Products, and Services, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- The information in any brochures contained therein may not apply to specific Products, as brochures are printed in advance and may not reflect recent changes. The manufacturers reserve the right to change specifications at any time without prior notice. Any publication from the brochure would not constitute as an offer from the Company. We recommend discussing details with the Authorized Dealer.
- The terms in this Privacy Policy is subjected to change by the Company at any time.
- By registering or by using this Website or App, You explicitly accept, without limitation or qualification, the collection, use and transfer of the Personal Information provided by You in the manner described in this Privacy Policy.
- Please read this Privacy Policy carefully as it affects Your rights and liabilities under Applicable Laws. If You do not accept the Privacy Policy stated herein or disagree with the way We collect and Process Personal Information collected on the Website, You shall not be allowed access.
- There may be information, advertisement and schemes displayed on the platform of certain Banks, Financial Institutions, Non-Banking Financial Companies, Individual Financiers, Dealers, Insurers etc. To the extent permissible, We disclaim the correctness, viability, availability, merchantability or fitness of such information, advertisement and scheme.
- We hereby declare that the Banks, Financial Institutions, Non-Banking Financial Companies, Individual Financiers, Dealers, Insurers etc. are not Our agent, partner or principle and We do not provide any guarantee or warranty or any representation on behalf of any of the Banks, Financial Institutions, Non-Banking Financial Companies, Individual Financiers, Dealers, Insurers etc.
- Any advice received, whatsoever, via the Website or App should not be relied upon for personal, legal, commercial or financial decisions. You are advised to consult an appropriate professional for specific advice tailored to Your situation.
- GRIEVANCE OFFICER
If You have any queries under this Privacy Policy or want clarification about Processing of Your Personal Information, You can connect with Our Grievance Officer at support@zeno.earth. The Grievance Officer shall expeditiously redress the grievances within 30 days time as provided under Applicable Laws.
- JURISDICTION
The courts of Bengaluru, India shall have exclusive jurisdiction in respect of all matters arising out of, or concerning or incidental to using the Website or App. You hereby consent to the exclusive jurisdiction of Bangalore courts and of the appropriate courts therefrom, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter to the jurisdiction of Bengaluru court.