PRIVACY POLICY

This Privacy Policy is an Electronic Record in the form of an Electronic Contract formed under the Information Technology Act, 2000, and the Rules made there under and the amended provisions pertaining to the electronic documents/records in various Statutes as amended by the Information Technology Act, 2000. This Privacy Policy does not require any physical, electronic, or digital signature.

The terms “We/Us/Our/SparkCars” individually and collectively refer to SparkCars and the terms “You/Your/Yourself” refer to the user/member under the “User Agreement.”

This privacy policy is a legally binding document between you and SparkCars. This document is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011, Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, that require publishing of the Privacy Policy for collection, use, storage, and transfer of sensitive personal data or information.

Please read the Privacy Policy carefully and by using our services through the website or application or any other communication channels, you indicate that you understand, agree and consent to the Privacy Policy. If you do not agree with the terms of the Privacy Policy, please do not use this website. You hereby provide your unconditional and irrevocable consent to the Spark Mobility Solutions Pvt. Ltd. for the purpose prescribed under (including but not limited to) provisions of Section 43A, 72 and 72A of Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023,

Effective as on:

This Policy is a legally binding contract between You and SparkCars, whose services, you are using or accessing or otherwise dealing with. This Policy shall be read together with the other terms and condition of the Website viz, User Agreement and Fees Policy being displayed on the website.

This Privacy Policy is effective as of the date stated above and replaces any prior versions. By using our services, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms and conditions.

General

SparkCars takes the privacy of your information very seriously. Our Privacy Policy is designed to tell you about our practices regarding the collection, use and disclosure of information that you may provide via the www.sparkcars.in website and other associated partner websites, the application, or any other communication channels.

SparkCars 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 utmost importance to us. Because we gather certain types of information about you to provide, protect, maintain, and improve our services, we feel you should fully understand the Policy surrounding the capture and use of that information and solicit your full attention towards it.

By providing us Your Information or by making use of the facilities provided by us, you hereby consent to the collection, storage, processing, and transfer of any or all of Your Personal Information and Non-Personal Information by SparkCars, as specified under this Policy. You further represent and warrant that such collection, use, storage, and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

By using this Site or any services we offer, you are consenting to the collection, use, storage, and disclosure of that information about you in accordance with, and are agreeing to be bound by, this Privacy Policy.

Information We Collect

We may collect and process the following information or data (including personal information and information that can be uniquely identified with you) about you:

Name, Age, Gender, Photograph, Passport, PAN card, Unique Identification Card (Aadhaar Card), and such other basic information that may be required from time to time to improve our services.
Your contact details.
Your email address and a password.
Your residential addresses,
A record of any correspondence between You and Us.
A record of any bookings/trips you have made or advertisements you have placed with or through the Site.
Your replies to any surveys or questionnaires that we may use for research purposes.
Details of accounting or financial transactions including transactions carried out through. the Site or otherwise. This may include information such as your credit card, debit card or bank account details.
Details of your visits to the Site and the resources that you access, including but not limited to vehicle location, trip history, driving distance, charge level, amount of charge utilized.
Information we may require from you when you report a problem with the Site.
Information about you which we may receive from other sources.
Other information necessary or related to the leasing process.

We only collect such information when You choose to supply it to us. You do not have to supply any personal information to us, but you may not be able to take advantage of all the services we offer without doing so. Information is also gathered without you actively providing it, using various technologies and methods such as Internet Protocol (IP) addresses and Cookies. These methods do not collect or store personal information.

We use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our site, and to administer and improve the site.

Purpose of Collecting Information

Personal Information can be used by SparkCars to verify and authenticate the information you have provided to us.
We use cookies and similar technologies to enhance your experience, personalize content, and analyze website traffic.
Location and other information related to the vehicle is collected to precisely locate you in the event of an emergency, accident, or other exigency.

Your location will only be disclosed to SparkCars, and its associates and we make every effort to avoid disclosing your whereabouts unless it is necessary for personal, medical, or legal (recovery and insurance) reasons. During an inquiry and/or accident claim, or to assist in an emergency, the location of your car may be disclosed as part of our service to, insurance companies, the police, courts, tribunals, or other similar law enforcement organizations, in accordance with requisite legal authority.

Use of Information

Verifying your identity and conducting necessary background checks
Providing car leasing services, including leasing out electric vehicles
Contacting you regarding service updates, promotional offers, and customer support
Complying with legal obligations and resolving disputes
Ensuring that the content of the website is presented in the most effective manner for you and for your computer and customize the website to your preferences.
Marketing and Communication - for sending you promotional materials, special offers, and updates about our services.

Sharing of Information

If we charge you any fees or collect any money from you in relation to any services on the Site, including any sponsorship money, credit or debit card payments will be collected by our payment processor. For payments to be processed you may need to provide some necessary details to our payment processor. The policy for the collection of those details will be available at the time of payment.

We do not disclose any information you provide via the website and other associated partner websites, the application, or any other communication channels to any third parties except:

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime or upon requisition made by government agencies);
To enforce any terms of use that apply to any of the Site, or to enforce any other terms and conditions or agreements for our services that may apply.
We may share information with our partners/ collaborators such as our electric charging points partners to facilitate an inclusive and well-connected network of charging points across the country based on the needs of our customers.
To protect the rights, property, or safety of SparkCars, the Site’s users, or any other third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
For verification by third party service providers of the information contained in the IDs and other documents that may be collected from the Members at the time of registration or at any other time during their use of the Site as may be required. Third party service providers will process data under SparkCars control and will be bound by the same degree of security and care as SparkCars under this Privacy and Data Protection Policy.
As part of the services offered to you through the Site, the information you provide to us may be transferred to, and stored at, countries outside of India. This may happen if any of our servers are from time to time located in a country outside of India or one of our service providers is in a country outside of India. We may also share information with other equivalent national bodies, which may be in countries worldwide.
The information provided by you may be transferred to a third party if it is necessary for the performance of any contract between us and the said third party or upon receipt of your consent to data transfer. If we transfer your information outside of India in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy and in accordance with applicable laws including but not limited to Information Technology Act, 2000 and the rules framed thereunder.
If you use the Site while you are outside India, your information may be transferred outside India to provide you with those services. By submitting your personal information to us you agree to the transfer, storing or processing of your information outside India in the manner described above.

Notwithstanding anything contained herein or the terms & conditions, SparkCars hereby disclaims any liability arising from the verification of the IDs and other documents by third party service providers including but not limited to its accuracy, reliability, and originality.

For maintaining internal quality, training, and updating the customers about the Services of SparkCars. We may moderate the messages you exchange on the website and other associated partner websites, the application, or any other communication channels. We will not sell, transfer, distribute, disclose your communications to any third party without your consent, unless such disclosure is mandated under applicable laws. Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so.

Information Security

We take appropriate measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. However, please be aware that no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
You acknowledge that while we will make efforts as per the highest industry standards to take all reasonable and necessary precautions to keep any Personal Information that we hold/ secure the internet or computer networks are not completely secure. We cannot give any absolute assurance regarding the security of your Personal Information. When deciding what Personal Information you disclose over the website, please use reasonable caution.

Other websites

Our website may contain links and references to other websites. Please be aware that this Privacy Policy does not apply to those websites [For instance- The social media pages where we have representation].

We cannot be responsible for the privacy policies and practices of sites that are not operated by us, even if you access them via the Site. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.

In addition, if you came to this Site via a third-party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.

Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. We will delete or anonymize your information when it is no longer needed or upon your request, subject to our legal obligations.
You acknowledge and agree that all Personal Information shall be kept on file for the duration necessary to fulfill the purpose or as required by relevant law, whichever is later.
We will not be held liable for any loss, damage, or misuse of Your Personal Information regardless of what is stated in this Policy or elsewhere if the loss, damage, or misuse is caused by a Force Majeure Event.

Force Majeure Event - Any event that is beyond our reasonable control is referred to as a "Force Majeure Event" and may include, but is not limited to, sabotage, fire, flood, explosion, acts of God, civil unrest, strikes or other types of industrial action, riots, insurrection, war, acts of government, computer hacking, unauthorized access to a computer, computer system, or computer network, computer crashes, breach of security, and encryption.

Notification of changes to our Privacy Policy

SparkCars reserves the right to update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated policy on our website, the application or through other communication channels.

Contact us

If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by way of our contact page or by mail to- Corporate Office No. L-148, 5th Main Rd, Sector 6, HSR Layout, Bengaluru, Karnataka 560102.