A. General

1. Purpose: The Privacy Policy explains how Hesh Motors Motor Works Private Limited and Hesh Motors Link Private Limited, and their permitted assigns and successors (collectively Hesh Motors) collect information about you, how that information may be used, processed, protected, and otherwise handled when you access or use the domain name https://www.heshmotors.com and the website, or download, access, and use our mobile application “Hesh MotorsVerse” and other apps/platforms of the Hesh Motors, present or future (collectively the Platform), or otherwise provide us with your personal information outside of the Platform.

2. Application: This Privacy Policy applies to any person or entity (You and Your) that accesses and/or uses the Platform or has shared any information with us. It covers all personal information that can be used directly or indirectly to identify you as an individual person (PI). Processing is any kind of dealing with PI.

3. Scope and effect: The Privacy Policy is an integral part of the T&Cs (https://www.heshmotors.com/terms-and-conditions) and any Offering Terms (https://www.heshmotors.com/privacy-policy) on the Platform. You are required to familiarise and understand the terms contained herein to provide your consent. Without consenting to the Privacy Policy, you cannot consent to the T&Cs or any Offering Terms on the Platform and should not use the Platform.

3.1 Outside of the Platform, the Privacy Policy sets out the organizational privacy practices followed and implemented by Hesh Motors for dealing with PI of any individual person including its employees, vendors, and other persons engaging with Hesh Motors. We reserve the right to amend and update the terms of this Privacy Policy, and such changes will be posted on the Platform.

Before you submit any information through the Platform or otherwise, please peruse this Privacy Policy for a detailed explanation of how Hesh Motors will treat your PI. If you do not agree with this Privacy Policy, please do not use the Platform or provide us with any PI.

In the event, the User does not provide their PI, we may not be able to provide some or all of our services/products.

B. What PI we collect?

4. Collection: We collect and process the PI provided by you, directly or indirectly through third parties, when

(i) you access and use our Platform;

(ii) create an User Account;

(iii) express your interest to enter into commercial transactions with us for Offerings and when you avail the goods/services under such Offerings;

(iv) provide feedback, raise complaints, or submit reviews;

(v) submit an enquiry;

(vi) participate in surveys;

(vii) use messaging and chat services/features on the Platform;

(viii) use any information and communication technology resources owned or in control of Hesh Motors;

(ix) subscribe to our newsletter and other content including marketing and promotional content;

(x) contact us for any help;

(xi) avail any services provided by Hesh Motors;

(xii) enter into any contract with Hesh Motors;

(xiii) while using the electronic vehicles and enabled software (Hesh Motors Vehicles) provided by or through Hesh Motors;

(xiv) provide registration, financing, and insurance related documents;

(xv) use the different modules of Hesh MotorsVerse application/Other application, including Hesh Motors Vehicle status and location;

(xvi) when you provide any PI outside of the Platform such as interviews for employment, and engaging in contracts with Hesh Motors.

4.1 We collect PI indirectly from other sources such as cookies, web beacons, website traffic, information available in public domain through internet searches, analytic studies, and other information that we may derive while processing PI.

4.2 When we collect PI indirectly i.e., from third parties, you represent that you have consented for such third party to transfer your PI to Hesh Motors, and you agree and undertake that Hesh Motors shall not be liable for any consequences arising from any unauthorised transfer of your PI to Hesh Motors by such Third Party. Further, you expressly waive your rights for seeking relief or raising any claim under law, contract, or equity against Hesh Motors and its group entities, their officers, employees, agents, personnel, successors, assigns, and other representatives (Hesh Motors Representatives) for unauthorized access, except your right to write to us seeking deletion of your PI and cessation of processing that has been unauthorizedly transferred to Hesh Motors.

5. Types of PI collected: PI collected by us directly or indirectly includes the following categories:

(i) basic identification information like name, surname, name of organization, IP address;

(ii) identification information like identity proof, tax identification information, and driving license;

(iii) contact information like mobile number, e-mail address, mobile number, address, and country of residence;

(iv) financial and payment information like KYC details, tax returns, financing documents, invoices, insurance, and payment details;

(v) device and hardware information about your computer/mobile system and network and your Hesh Motors Vehicle including registration certificate;

(vi) location information such as telematics information including speed of your Hesh Motors Vehicle, GPS data, engine and light information about your Hesh Motors Vehicle;

(vii) information about your device’s and your Hesh Motors Vehicle’s operating system and software;

(vii) social media information such as social media URL, feedback on social media;

(ix) information on how you use the Platform through our or third party cookies such as duration of your visit, items clicked, etc.; to know more about the use of cookies, please review our Cookie Policy at the “Cookies” section at https://www.heshmotors.com/privacy-policy;

(x) information that is required for entering into commercial transactions with you regarding Offerings and performing the resultant obligations arising from such commercial transactions;

(xi) information uploaded on the Platform such as photos, financing and insurance documents, contacts;

(xii) biometric information;

(xiii) information that is required for compliance with applicable law; and

(xiv) information that you provide to us in the process of entering or performing any contract with Hesh Motors including purchasing Hesh Motors Vehicle, servicing, support, feedback, performance of Hesh Motors Vehicle and its constituents.

5.1 While using the Platform, you may be required to make commercial transactions through the services of a third party payment gateway or using netbanking or card payment facilities or QR codes. You understand, agree, and acknowledge that the Platform never receives your PI provided to the third party payment gateway or banks or other similar payment service providers. Your PI will be dealt by a third party payment gateway provider or banks or similar payment service provider in accordance with their respective privacy policies and other terms and conditions; and we shall not be liable, accountable, or responsible for your PI that you provide to such third parties.

5.2 Whenever you use our Platform in case of an error, we collect data and information on your device called Log Data. This Log Data may include information such as IP address, device name, operating system version, the time and date of your use of the Platform, and other statistics.

5.3 We collect your PI outside of the Platform when you contact us for different purposes such as employment or entering into contractual arrangement with us.

5.4 We collect PI through telematics technology. Telematics technology is enabled on Hesh Motors Vehicles using a variety of components including in-built SIM, accelerometer, buzzer, and GPS receiver. It gathers a variety of data including PI such as position, vehicle speed, distance ad time of drive, idling time, and braking pattern, and data is then to transmitted through cloud/servers to Hesh Motors and Hesh Motors Representatives. This helps Hesh Motors to monitor the performance and operations of the Hesh Motors Vehicle, provide you with a host of location-enabled services like navigation, the manner in which Hesh Motors Vehicle and software licensed therewith is handled, enables us to protect our proprietary interests in design, software and our intellectual property, service and troubleshoot, provide remote assistance, as well as improvise our Offerings. You will be able to manually turn off such telematics technology from your Hesh Motors Vehicle or your device connected with Hesh Motors Vehicle, and in such situation, Hesh Motors will not receive any telematics data, and that may impact the services associated with telematics technology.

5.5 While we shall make reasonable endeavours to ensure that your PI is duly protected by undertaking security measures prescribed under applicable laws, you are strongly advised to exercise discretion while providing PI and using our Platform, given that the internet is susceptible to security breaches.

5.6 In order for us to be able to provide the Services to the Users, we may seek permission of the Users whether we may obtain access to contact list/phone book on their device, device location, camera, microphone and other sensitive device data. When this permission is sought, the Users shall have the control wherein they can select the ‘allow’ us to access such data or ‘deny’ us the permission to access the said data.

C. How do we process PI?

We collect, record, organise, structure, align, retrieve, adapt, access, review, archive, analyse, pseudonymize, encrypt, decrypt, profile, transfer, perform other related technological and manual processing activities.

6. Governing principles: We process PI in accordance with fair, accountable, and transparent processing principles as required under applicable law. Governing principles that we follow for processing are:

(i) process lawfully, fairly, and with transparency;

(ii) process only for purposes communicated, or those which are reasonably expected to be connected with the purposes, or for purposes which are compatible with them, or as allowed under law;

(iii) minimize collection only as much is adequate, relevant, and necessary;

(iv) take reasonable steps to maintain accuracy in light of the processing purposes;

(v) retain in such form bearing in mind the processing purposes;

(vi) use technical, operational, and organisational security measures;

(vii) prevent accidental loss, unlawful destruction, or access, or damage; and

(viii) maintain confidentiality and integrity of PI, unless carved out in this Privacy Policy in case of third party transfers.

7. Profiling: Profiling means automated processing of PI to evaluate certain personal attributes about you. This aims at analysing your behaviour while using the Platform. There will be no profiling by automated means that will affect your PI protection rights and privacy.

D. Why do we process PD?

The purposes for which we collect and process PI are listed below:

E. How do we protect PI?

8. Security measures: Hesh Motors takes the safety of your PI and its confidentiality, integrity, availability, very seriously and are committed to providing reasonable security safeguards that commensurate to the sensitivity of the PI being handled, including but not limited to implementation of reasonable technical, organizational, and physical safeguards. We regularly carry out assessments to ensure the security of PI collected by us. All our staff, personnel, officers, representatives, and members receive appropriate and on-going training to ensure they are fully aware of their obligation to uphold confidentiality, protect PI, and respect your privacy. Only limited authorised personnel and approved third parties have access to PI on a need-to-know basis and only for specific purposes. We require our representatives, partners, and contractors to strictly adhere to applicable data protection laws, and additional requirements, so as to contractually obligate them to honour your privacy expectations vis-à-vis your PI. We follow data minimization and retention practices diligently and should you wish to learn more about our processes on how we secure PI, please write to us at customer.grievance@Hesh Motors.in.

8.1 However, please note that there is no guarantee that PI may not be accessed, disclosed, altered, or destroyed by breach of any physical, technical, or managerial safeguards. It must be fully understood that neither Hesh Motors or Hesh Motors Representatives, nor any other website can completely eliminate such risks. If Hesh Motors or Hesh Motors Representatives become aware of a security system breach, then we shall immediately notify you within the timelines required by law by email or as a notification on the Platform, so that you can take appropriate protective steps.

8.2 You are responsible for maintaining the confidentiality of the username, password and other details related to User Account on the Platform and for all the activities that occur on the User Account.

F. How long do we store PI?

Hesh Motors will directly or indirectly through engaged third parties, store PI as long as it is required to be stored for the purposes set out in this Privacy Policy and to comply with our legal obligations. When we no longer need to use PI and there is no need for us to keep it to comply with our legal or regulatory or contractual obligations under the agreements executed with third party service providers like payment gateways, we will either delete it from our systems or depersonalize it so that we cannot identify the person to whom such PI belongs.

G. Sharing PI with Third Parties

9. Purposes for third party sharing: PI is kept confidential and secured with Hesh Motors and not disclosed to any third party. However, Hesh Motors may share PI with third party for the following purposes:

10. Overview of measures for PI security in third party ecosystem: We do not sell, rent, or trade your PI in any manner. We disclose PI on a strict need-to-know basis and in such cases we exercise reasonable due diligence on information processing and security practices implement by the receiving party, and require them to execute contract that obligates them to provide similar or higher standards of protection as is provided by Hesh Motors, allow Hesh Motors to conduct audits and call for information, indemnifying against any harm or law, maintain confidentiality, and limit processing for the specified purposes as directed by Hesh Motors. Alongside, we require them to refrain from further sharing of PI to any third party without obtaining our prior written consent.

H. What are your rights in your PI?

Your rights are:

For exercise of your rights, please contact us at customer.grievance@HeshMotors.in. We will try our best to provide the necessary information within 30 days from receipt of the request. If requests are excessive or unfounded or repetitive at our sole discretion, we can refuse to comply with your request or charge a reasonable fee for costs, in which case you can choose to complain to appropriate authority.

I. Cookies Policy:

Hesh Motors uses cookies, web beacons, mobile identifiers, tracking URLs, log data or similar technologies to help provide, protect, and improve the Platform.

11. What are cookies? Cookies are small files transferred to the hard drive of your device that enables us to recognize your browser, capture and remember certain information. They are also used to help us understand your preferences based on previous or current activity on the Platform, which allows us to improve our Platform and better tailor the experience to your interests and needs.

12. Why are cookies used? Cookies and similar technologies (collectively, Cookies) aid us to:

12.1 We also use Cookies to help us compile aggregated and anonymized data about the traffic on the Platform, so that we can offer better experiences and tools in the future.

13. Will your PI be used? In many cases, the information collected through these technologies is processed in a non-identifiable manner, without reference to PI. However, in some cases, it may be associated with the PI.

14. How are cookies used? Please note that most browsers automatically accept cookies, and if you do not wish cookies to be used, you may need to actively delete or block the cookies.

14.1 All browsers are different, and hence you must visit their “help” section to learn about cookie preference and other privacy settings. You can choose to reject or block all or specific types of cookies by clicking on the cookie preferences.

14.2 Hesh Motors may use third party services that provide cookies, and we are not responsible for third party cookies that get placed on the Platform. For example, to help us better understand how Users use our Platform, we work with a number of analytics partners, including Google Analytics. To prevent Google Analytics from using your PI for analytics, you may install the Google Analytics Opt-Out Browser addon from here: https://tools.google.com/dlpage/gaoptout.

15. What types of cookies we use? Cookies can be Persistent or Session cookies. Persistent cookies remain on Users’ device when they go offline, while session cookies are deleted as soon as the Users close their web browser.

15.1 We use the following categories of cookies for different purposes:

16. How to manage cookies? You must access your cookie settings to set your preferences or review third party cookie policy to further understand the details. If you are accessing the Platform through a mobile device, you can also update your privacy settings on your device.

J. Third Party Sites:

The Platform may occasionally contain links to third party websites. If the User clicks on the links to third party websites, the User leaves our Platform. Hesh Motors is not responsible for the content of these third party websites or for the security of User’s PI when the User uses the third party websites. These third party websites may have their own privacy policies governing processing of PI and you are urged to review them. This Privacy Policy does not govern PI processed by third party websites.

K. Changes to Privacy Policy:

Hesh Motors reserves the right to change this Privacy Policy as it may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Platform along with the date of the modification and if the Users continue to use this Platform, they are deemed to have accepted the terms of the altered privacy policy.

L. Grievance Officer:

For any complaints, queries, and communication with us in respect of this Privacy Policy, please reach out at customer.grievance@Hesh Motors.in. The subject of User’s e-mail should state “Communication/Complaint regarding Privacy Policy”.