PRIVACY POLICY

Personal Privacy Policy - Last updated: 11 April 2023

At Chetak Technology Limited (a subsidiary of Bajaj Auto Limited)/Bajaj Auto Limited (hereinafter referred to as “We”, “Us”, “Company”, “Our”, “Chetak Technology Limited”, “CTL”, “Bajaj Auto Limited”, or “BAL”), privacy of individual is of primary importance & We take utmost care in handling any privacy information we collect from customers, users or visitors (hereinafter referred to as “You”, “Your”, “customer”, “user”, “visitor” or “data subject”). We give below Our privacy policy and this is applicable to Our Chetak Mobile Applications (hereinafter referred to as the “App” or “Application”), websites - chetak.com and bajajauto.com, online purchase portal, associated sub-domains and web pages including but not limited to social media pages (hereinafter collectively or individually, as the case may be, referred to as “Websites” or “Platforms”).

The Platforms may contain links to other websites, other domains, web pages, applications, widgets, or blogs of third-party service providers over which we have no control, e.g., methods of distribution of Chetak vehicles and handling the issues of personal information (hereinafter referred to as “Other Sites”).

This Privacy Policy shall apply to information directly and indirectly collected from Platforms and/or Other Sites and shared with us. We are not responsible for Other Sites handling of personal information.

General Caution Note:

This Privacy Policy should be read together with Our Platforms terms of use (the “Terms of Use”). For Your own benefit and protection, you should read and accept these documents fully before You use the Platforms;
You are specifically advised that the Company does not have access to, or control over the information that third parties may collect in the during Your use of the Platforms. The information practices of these third parties are not covered by this Privacy Policy.

1. General

1.1. By using the Platforms and voluntarily providing Us with information (personal and/ or non- personal) through Our Platforms or Other Site, as a case may be, You are consenting to Our use of it in accordance with this Privacy Policy. However, this Privacy Policy does not apply to third-party websites/ applications that are provided. Please note that if You do not agree with and consent to the terms and conditions of this Privacy Policy, You shall not use this Platforms

1.2. Your use of the Platforms and handling of your information collected through Our Platforms or Other Site and share to Us will be governed by this Privacy Policy as applicable together with all policies, notices, guidelines, disclaimers that are published and shared with You from time to time which are incorporated herein by way of reference including but not limited to the Terms of Use and such other terms and updates to the same as may be applicable to You in Your capacity as a User. This Privacy Policy shall be enforceable against You in the same manner as any other written agreement between You and the Company/CTL.

1.3. We may update this Privacy Policy from time to time. You must periodically review the Privacy Policy as available on Platforms for the latest information on Our privacy practices. In the event You continue to use the Platforms after any update in the Privacy Policy, Your use of the Platforms and handling of your information shall be subject to such updated Privacy Policy.

2. Information Collected

We will use the information provided by or gathered from You and your visit and use of Websites and/or Platforms to enable us to comply with our obligations we have and to provide our services to You, and in accordance with the purposes described in the Privacy Policy.

2.1. Collection of Personal Information:

a. CTL/BAL does not collect any personal information without the knowledge and consent of the data subject. Grant of access permission shall amount to Your consent. Without Your Personal Information, We may not be able to perform contractual obligations nor able to comply with legal obligations.

b. To use Our Platforms, You would need to share with Us and third-party service provider Your personal information, as defined by the Personal Data Protection Act of Thailand (the “Thai PDPA”) (“Personal Information”) which include, but not limited to the followings:

Identifiable information, e.g., date of birth, details of identification card, passport or official identification card, and driver license number;

Name, address, contact details and picture, e.g., Email ID, contact number;

Vehicle information, e.g., vehicle registration details, chassis and engine numbers (“Vehicle Information”);

Driving behavior of data subject;

Location information, e.g., Your location and location of Your vehicle;

Personal status information, e.g., age, gender, marital status, and occupation;

Financial information

Information about your satisfaction on our products and services; and

Information relating to devices and programs used by data subject, e.g., IP address of Your computer/proxy server, Your device type, operating system type, mobile device identifier, browser type, domain, and other system settings, the name of Your ISP or mobile carrier, phone book access, media files access.

We will seek Your permission to access any of such Personal Information. You shall have the right to grant specific and limited access to Your Personal Information, as per Your preference. You may change Your preference at any time on Our Platforms. Your Personal Information shall be kept to the extent that necessarily to perform Our obligations which no longer than 10 years or otherwise longer as prescribed and required by law in which a “case-by-case” basis may apply. Thereafter, Your Personal Information shall be erased, destroyed or anonymised, except as may be required by law or for protection of interest of CTL/BAL.

c. We may collect Personal Information from You while You register and create an ‘Account’ through the Platforms (if applicable, e.g., App). This information may include Your picture, name, Email ID, contact number, Your financial information, Your Vehicle Information, including but not limited to, vehicle registration details, chassis and engine numbers and any other information as may be required to create the Account and as supplied by You for the specific purpose of providing You information.

d. In the event You create an Account using a third-party account/credentials, We may receive Your Personal Information from such third parties in accordance with the privacy policy of third-party service providers and the Thai PDPA. Such information received from the third parties at the time of accessing to the Platforms may include, but not limited to, the username, profile picture, e-mail address associated with that website/ application, any information that has been made public in connection with that Platforms belonging to You and/ or any information or content the third party has the right to share with Us. By creating the Account using a third-party account, You authorize and hereby grant Your express consent to Us to collect, store, use and retain such information and content in accordance with this Privacy Policy.

e. Location, Vehicle Information and driving behaviour: To be able to provide You the vehicle specific features, we need to obtain Your location information, including but not limited to location of Your vehicle. We may further obtain information related to Your vehicle, including without limitation, type of the vehicle, manufacturer and model number of the vehicle, battery information, vehicle faults, vehicle identification number (VIN), any other vehicle information, and driving behaviour, as may be required for CTL/BAL to be able to provide any vehicle specific features.

f. Phonebook, contacts, device location, SMS- and call-related data, inventory of other apps on the device, microphone, camera and usage data: In order for us to be able to provide You the features (such as Map, Trip Details, GeoFence, Anti-theft alerts, unauthorised vehicle movement alerts, emergency contact SMS, Bluetooth for Android users, Music, SMS & Call Management etc.), we may seek permission to obtain access to Your phonebook, contacts, device location, SMS- and call-related data, inventory of other apps on the device, microphone, camera and other sensitive device or usage data. Our Platforms provide the data subject with an option to ‘delete account’. By exercising this option, all information submitted by the data subject shall be deleted and removed from the Platforms except for the information that are required by law to be maintained or kept for the protection according to law and legitimate interest of CTL/BAL.

2.2. Collection of Non- Personal Information:

a. Non-Personal Information: CTL/BAL may collect non-personal information (“Non-Personal Information”) from You through the Platforms when You visit and/ or use the Platforms. Non-Personal Information is any information that individually does not reveal Your specific identity, such as, browser information, internet protocol address, information collected through Cookies, details of Your internet service provider, the date, time and duration of Your usage of the Platform, pixel tags and other similar technologies, demographic information, information related to vehicle variant and vehicle colour preference etc. Our Platforms gather some information automatically when You visit the Platforms and store it in log files. We may collect certain information about Your mobile and other hand-held device through which You have accessed the Platforms to facilitate, evaluate and verify Your use of the Platforms.

b. Cookies: Our Platforms may store some information on Your computer in the form of a “cookie” or similar file. These files allow the Platforms to tailor itself to reflect Your listed or historical preferences. We may make agreements with third-party service providers to assist us in better understanding You. Through cookies, Web servers may log information such as IP address of Your computer/proxy server that You use to access the Internet, Your device type, operating system type, mobile device identifier, browser type, domain, and other system settings, the name of Your ISP or mobile carrier etc. We use all of this information to analyse trends among Our users, visitors, customers to help improve Our Platform experience. If You are uncomfortable with the collection of data through the use of cookies, we recommend disabling this feature through Your browser preferences on website or delete cookies for the App. Most Web browsers allow web visitors to exercise control over such files on their computers by erasing them, blocking them, or notifying the visitor when such a file is stored. For App, the phone device has similar functionalities to erase, Block, notify etc. You can any time go to Your App settings in Your mobile phone and delete the cookies/data associated with the App. You are asked to refer to Your browser's/device’s instructions to learn about those functions.

3. Use of Information

3.1 Any Personal Information You submit through Our request forms or online registration forms or any other form on Our Platforms is meant only for the intended purpose of that section in the Platforms respectively. Any such information may be shared with authorised third-party service providers, agencies or vendors (such as insurer, financier etc.) if You choose to opt-in for any such third-party services. By agreeing to opt in, You consent to such information being shared with the authorised third-party service providers, agencies or vendors. By giving Your contact details to Us over Our Platforms, You consent to receive communication from us over email, SMS, phone call and/or any other communication channels You provide or accept.

3.2. Any Personal Information You submit through Our request forms or online registration forms or any other form on Our Platforms as applicable (e.g. App) may be shared with Our associated companies and Our distributor, partner and dealer network. By agreeing to opt in, You consent to such information being shared with Our associated companies, distributors, partners and dealers. This consent is optional, and the data subject reserves the right to opt out of them at any time. By giving Your contact details to us over Our Platforms, You agree to receive communication from us over email, SMS, phone call and/or any other communication channels You provide or accept. We do confirm that such sharing of information shall be in compliance with the Thai PDPA.

3.3. Any Personal Information provided by You to CTL/BAL may be collected, used, disclosed, and transferred to the countries other than Thailand which the laws and regulations of such countries may or may not guarantee the same level of personal data protection as those of Thailand and other jurisdictions. However, CTL/BAL will implement appropriate protection measures for the enforcement of Your rights, including any effective legal remedies to the extents that are attributable by CTL/BAL under the Thai PDPA.

3.4. CTL/BAL also does not send unsolicited emails to the data subjects of the Platforms. Personal Information entered via the Platforms’ registration forms such as, query or feedback form, complaint form, RMI (Repair & Maintenance Information) form etc., is protected by high security standards at Our partner Microsoft Azure southeast Asia data center servers & AWS (Amazon Web Services).

3.5. Microsoft Azure & AWS are leading cloud providers and their data centers are General Data Protection Regulation (“GDPR”) and the Thai PDPA compliant and they hold industry best security certifications, such as SOC2 and ISO27001, and provide encryption in transit and at rest, without any action required from Our visitors. We use the information we collect about You to establish Your account, provide customized content to You, communicate with You to inform about Our features and take action regarding unlawful or harmful activities. We may use Your email address or phone number (if provided by You) to contact You regarding changes to the Platforms system maintenance and outage issues, account issues, or otherwise to troubleshoot problems.

3.6. App Specific: We, or third parties authorized by Us, may use the information provided by You or the information gathered from Your use of the App in the following ways, viz:

To create Your Account and to support You with the usage related to Your Account;

To help You efficiently access the App;

To notify You regarding your Account, to troubleshoot problems with Your Account, to resolve a dispute, to confirm Your identity in order to ensure that You are eligible to Use the App;

To notify You about changes on the App;

To notify You, if possible, in the event We become aware of any breach of the security of Your information and take appropriate action to the best of Our ability to remedy such a breach;

To enable Us to comply with legal and regulatory obligations;

To track vehicle status and generate statistics to provide necessary alerts to Users to keep the vehicle in healthy condition using the battery related information such as SoC (State of Charge), SoH (State of Health) to the extent that allow by law;

To conduct ‘Battery Authentication’ if and as applicable to You;

In the event of transfer/sale of vehicle, You will ensure that the vehicle is transferred to the buyer and the relevant records in connection with the owner of the transferred/sold vehicle are updated with relevant authorities of Thailand. You will also update the registered mobile number used by You at the time of purchase of the vehicle from the distributor/dealer and also used for creating your Account of the App to be changed from Your mobile number to the buyer’s mobile number in this App for BAL/CTL and in the records of distributor/dealer Otherwise, any claim in connection with the personal data law by the buyer to whom you have sold/transferred the vehicle to will be borne by You.

4. Storage of Information

1. As a registered user with an Account, You are responsible for keeping Your authentication details (e.g.: OTP) received at the time of login confidential. By submitting Your information on Our App, You agree to the handling of Your information by the Company in a manner as stated under this Privacy Policy.

2. You accept the inherent security implications of data transmission over telecommunication networks, such as, satellite, mobile data and cellular, including Wi Fi, internet and agree that data transmitted through such telecommunication medium cannot always be guaranteed as completely secure. You agree that Your use of the App will be at Your own risk.

3. Notwithstanding anything contained in this Privacy Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of the information provided by You or the information gathered from Your use of the App.

4. Personal Information entered via the Platforms’ registration forms such as, query or feedback form, complaint form, RMI (Repair & Maintenance Information) form etc., is protected by high security standards at Our partner Microsoft Azure southeast Asia data center servers & AWS (Amazon Web Services).

5. Microsoft Azure & AWS are leading cloud providers and their data centers are General Data Protection Regulation (“GDPR”) and the Thai PDPA compliant and they hold industry best security certifications, such as SOC2 and ISO27001, and provide encryption in transit and at rest, without any action required from Our visitors.

5. Intellectual Property

The text and images on the Application are the property of or are licensed by Us or Our affiliates or by the applicable Third Party Service Provider, and are subject to copyright and other intellectual property protection. Bajaj or Chetak name and logos are registered trademarks of BAL / CTL or its affiliates. The trademarks and other names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in the Application. No license to use any BAL, CTL or Third-Party Service Provider intellectual property, beyond that which is included in the Application itself, has been granted herein and also by Our Platforms Terms of Use.

6. Analytics

As a part of enhancing Our Platforms & providing a good visitor experience for users, visitors, customers of Our Platforms, we run analytics on Our Platforms to analyse use of Our content in-terms of content requested or downloaded and number of visits or hits. Data collected during this process is only used for identifying improvement possibilities and does not cater to any other purposes.

7. Links to Other Sites

This Privacy Policy applies to the Platforms. The Platforms may contain links to Other Sites. These Other Sites may have their own/specific policies regarding privacy. We are not aware of and responsible for the privacy policies or practices of the Other Sites which You access from Our Platforms.

If You choose to visit an individual, a business or advertiser’s Other Sites by “clicking on” on a third-party link from Our Platforms, You will be directed to that third-party’s Other Sites. The fact that we link to any third-party Other Sites or present an advertisement is not an endorsement, authorization or representation of Our affiliation with that third party, nor is it an endorsement of any such third party’s privacy or information security policies or practices.

8. Security

We use reasonable safeguards as required by law to protect and preserve the integrity and security of Your information against unauthorized access, loss, theft, unauthorised, reproduction, use or amendment, disclosure or destruction of information We hold. We use reasonable security practices and procedures and use secure servers as mandated under the Thai PDPA and Thai law governing cyber security. Whilst We strive to protect Your Personal Information, We cannot ensure or warrant the security of any information which You send to us, and You do so at Your own risk.

You are requested to report any security violations to Us at this email address which can be contactable in Thailand: Email ID : DPOThailand@aapikobike.com ; Address: AAPICO Bike Company, 99 Moo 1 Hitech Industrial Estate, Ban Lane Sub District, Bang Pa-in District, Ayuthaya, Thailand, 13160.

9. Phishing or False Emails/SMS

If You receive an email/SMS that appears to be from CTL/BAL that requests Personal Information (such as Your credit card, login, or password), or that asks You to verify or confirm Your account or other personal information by clicking on a link, that email / SMS was likely to have been sent by someone trying to unlawfully obtain Your information. We do not ask for this type of information in an email / SMS. Do not provide the information or click on the link. Please contact us at [DPOThailand@aapikobike.com ; Address: AAPICO Bike Company, 99 Moo 1 Hitech Industrial Estate, Ban Lane Sub District, Bang Pa-in District, Ayuthaya, Thailand, 13160] which can be contactable in Thailand if You have any suspicion.

10. Updates to the “Privacy Policy”

CTL/ BAL reserves the right to revise or change this Privacy Policy at any time. Any change related to this Privacy Policy will have ‘date of change’ for reference and will become in effect immediately upon such posting the updated version on the Platforms. At any point of time, You wish to go through Our Privacy Policy, please visit our Platforms again.

11. Disclosure Of Data

CTL/ BAL may disclose Your Personal Information in the good faith that such action is whenever necessary:

To comply with a legal obligation or if disclosure was required by law, rule or regulation or was in response to a valid order of court or authorized agency of government or other legal process;
To perform contractual obligations to which the data subject is a party, or to take steps at the request of the data subject prior to entering into a contract;
To protect and defend the legal rights or IPR or other properties of CTL/BAL;
To prevent or investigate possible wrongdoing in connection with the Platform;
To protect the personal safety of users of the Platform or the public; and
To protect against any legal liability.

12. Your Personal Information Rights

As required by Thai PDPA, You as the owner of Your own Personal Information need to be notified of your right, including

the right to request access and copy;
the right to request Personal Information in a format which is generally readable or usable by automatic tools or devices and where the Personal Information may be used or disclosed automatically;
the right to request rectification, addition and deletion of Your Personal Information;
the right to object the collection, use, or disclosure of Your Personal Information which are legally permitted to be collected without Your consent at any time;
the right to request Us to suspend the use of Your Personal Information in cases prescribed by the Thai PDPA;
the right to withdraw consent at any time, subject to the requirements of the Thai PDPA. Your withdrawal will not have any effect on CTL/ BAL’s previous data processing, and, for the avoidance of any doubt, will not result in the deletion of data that CTL/BAL has a legal right to retain, including, without limitation, such data as is necessary for technical purposes such as vehicle safety, performance, usage and functionality status. If Your withdrawal affects any part of Your Personal Information, CTL/ BAL will notify You of such effect at the time You make such withdrawal
the right to file a complaint to the relevant authority under the applicable laws if We, including Our employees, or independent contractors violates or fails to comply with the Thai PDPA.

13. Governing Law, Jurisdiction

Subject to the mandatory provisions of Thai laws which may be applicable to matters and disputes and without prejudice to mandatory conciliation procedures, Thai courts shall have the exclusive jurisdiction in respect of all matters arising out of, or concerning or incidental to using of Our Platforms. You hereby consent to the exclusive jurisdiction of Thai courts (and of the appropriate courts therefrom) and irrevocably waive, to the fullest extent permitted by law, to the fullest extent permitted by Thai laws of any jurisdiction which may apply to the matters and disputes and without prejudice to the dispute resolution prescribed under the Terms of Use and mandatory conciliation procedures, any objection which You may have now or hereafter to the jurisdiction of Thai courts.

This agreement is governed by the laws of Thailand. You hereby consent to the exclusive jurisdiction and venue of Thai courts, in all disputes arising out of or relating to the use of the platform, to the fullest extent permitted by the laws of any jurisdiction which may apply to the matters and disputes and without prejudice to mandatory conciliation procedures. Use of the Platforms is unauthorized in any jurisdiction that does not give effect to all provisions of the terms set out herein, including without limitation this paragraph.

14. Reach out

As You may know, the European privacy regulation called General Data Protection Regulation ("GDPR") as well as the Thai PDPA are currently in effect. Thus CTL/BAL understands the need of users to reach out to us in case if they would like to report any security breach noticed or if You would like to exercise Your Personal Information Rights to handle the Personal Information that You have previously provided to us, request You to e-mail us at [DPOThailand@aapikobike.com ; Address: AAPICO Bike Company, 99 Moo 1 Hitech Industrial Estate, Ban Lane Sub District, Bang Pa-in District, Ayuthaya, Thailand, 13160] which is contactable in Thailand. After getting Your message, if required we will get back to You with Our analysis and action initiated.

□ Please check this box if you agree with the above terms of this Privacy Policy.