Privacy Policy

PRIVACY POLICY

• Electrecharge Solutions Private Limited(“Us”, “We”, “Company” or “Our”) owns, operates and manages a website and mobile application under the name and style of “EarthronEV”(“Platform”). The Company is engaged in the business of developing and operating electric vehicle charging station(s) (“EV Charging Station”) and offering electronic vehicle charging points in the EV Charging Station (“EV Charging Point”) to prospective license owners / customers.

• The Company provides an online platform enabling Users to visit, browse, use or accesses the Platform and / or show an expression of interest towards owning an EV Charging Point at the EV Charging Station and further provides electronic infrastructure facilities to the Users to facilitate the collection and remittance of payment transactions between the User and the and the end customers of the Company availing the electronic vehicle charging facilities from the EV Charging Points(“Services”).

For the purpose of this Privacy Policy, wherever the context so requires the term “You”, “you” “Your”, “your”, or “User”, shall mean and include any person who visits, uses or accesses the Platform and/or  desires to show an expression of interest towards owning an EV Charging Point and avail the Services of the Platform. The Services can be accessed, used and availed through the Platform in accordance to Our Platform terms and conditions available at [info@earthtronev.com] (“Terms of Use”).

This Privacy Policy, inter alia, states the following:

1. The type of information collected from the Users, including Personal Information (as defined below) and Sensitive Personal Data or Information (as defined below) relating to an individual;
2. The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
3. How and to whom We will disclose such information.

This Privacy Policy shall apply to any person who visits, browses, uses or accesses the Platform or use any Services on the Platform. This Privacy Policy is an electronic record in terms of the Information Technology Act, 2000 and rules and regulations made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. Any new features and/or services that are added to Our current Service at any point in the future shall also be subject to the terms set out in this policy.

“Personal Information” is defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”)and means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. The SPI rules further defines “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to: (i) passwords; (ii) financial information such as bank accounts, credit and debit card details or other payment instrument details; (iii) information received by body corporate under lawful contract or otherwise; (iv) visitor details as provided at the time of registration or thereafter; and (v) call data records.Please note that the information collected by Us from You may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.

In order to have show an expression of interest towards owning an EV Charging Point and have access to all the features, benefits or Services on Our Platform,  a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including Us, to identify the User: name, email address,, country, city, ZIP/postal code, phone number,location, User Id and password chosen by the User at the time of account creation and such other related information as required by the Company. We may, in future, include other optional requests for information from the User to help Us to customize the Platform to deliver personalized information to the User.

DISCLAIMER– BY USING AND ACCESSING THE PLATFORM AND BY AVAILING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES OR SHOW AN EXPRESSION OF INTEREST TOWARDS OWNING AN EV CHARGING POINT ON BEHALF OF OR FOR THE BENEFIT OF SOMEONE ELSE, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S INFORMATION. BY VISITING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS CONTAINED HEREIN, PLEASE DO NOT USE OR ACCESS OUR PLATFORM OR AVAIL ANY SERVICES ON THE PLATFORM. BY MERE USE OF THE PLATFORM, YOU EXPRESSLY CONSENT TO OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

We respect Your need to understand how and why Your information is being collected, used, disclosed, transferred and stored. Thus, We have developed this policy to familiarize You with Our practices and demonstrate Our commitment to the protection of Your privacy and Your personal information.This Privacy Policy sets out the way in which We process Your information when You visit the Platform or use the Services in accordance with applicable data protection laws. This policy, along with Terms of Use, informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service or show an expression of interest towards owning an EV Charging Point. We will not use or share your information with anyone except as described in this Privacy Policy. It also describes your selections regarding access, use and correction of your personal information and your rights with respect to your personal information. It also updates you of the process to contact us in case you have any grievances. By accessing Our Platform or availing the Services, You agree to be bound by the terms of this policy. It is important that You read this policy together with any other policies that We may provide on specific occasions when We are collecting or processing your personal data, so that You are fully aware of how and why We are using your personal data. This policy supplements the other notices and is not intended to override them.

The information contained on this Platform and the personal information collected by using/ logging in and or accessing this Platform are stored at a secured server. It is stated by the server service provider that they have all the best security practices required for the server. The Platform is owned by Us and is located in India. Hence, We are bound by duty to abide by the laws, including but not limited to, regulations, rules, circulars and notifications governing privacy in India.

We provide this Privacy Policy to inform You of Our policies and procedures regarding collection, storage, and processing and sharing of Personal Data that We receive from Users of the Platform or those which are stored or accessed by Us at the time of availing the Services or making transactions on the Platform.

With regard to this Privacy Policy, the terms “using” and “processing” information include, without limitation; the use of cookies; and the collection, storage, transfer, evaluation, deletion, disclosure, management, handling, modifying and use of Personal Data.

This Privacy Policy applies only to Personal Data that You provide Us via the Platform. We reserve the right to update this Privacy Policy from time to time to reflect any changes to Our Services. We will do this by amending the Privacy Policy on the Platform. The changes will take effect automatically, as soon as they are posted on the Platform.

This Privacy Policy is applicable to all Users of this Platform. By using the Services, registering with Us or by otherwise giving Us Your information, You will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the terms hereof. You hereby consent to Us collecting, using and sharing and disclosing Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at Our sole discretion, at any time. If You do not agree with this Privacy Policy at any time, do not use any of the Services, use or access the Platform or give Us any of Your information.Any User that does not agree with any provisions of the Privacy Policy has the option to discontinue the Services provided by Us immediately.

We may process your personal data for, including without limitation, the following purposes:

Contacting You and Providing Our Services:We collect your information which may include but is not limited to your name, gender, email address, phone number, address, bank account or card details, PAN and Aadhar number when you show an expression of interest towards owning an EV Charging Point by intimating the Company on the Platform to contact you regarding the same and for the purpose of setting up your account to facilitate the collection and remittance of payment transactions between You and the end customers of the Company availing the electronic vehicle charging facilities from the EV Charging Points and for meeting any legal or contractual obligations in furtherance of owning the EV Charging Point.

Further, the User might be required to upload or post any additional information/ details among other things, on the Platform as part of the Service itself and We might process your personal data and such information uploaded/ provided by you to provide such Services. In furtherance of your accessing the website and availing our Services and only upon your express consent, We might share your details as requested by any third party with respect to any Services availed by you through the Platform.

The personal data collected may also be processed for purposes such as: (i) keeping Users updated with announcements, software updates and upgrades, and such other information; (ii) facilitating assistance with regards to our Services; and (iii) providing customer support and feedback services; (v) order related inquiries.

Customer service: We need to process personal data for this purpose because it enables Us to adequately respond to Users’ questions/ concerns and to ensure the overall quality of the Services availed by a User on the Platform. We will only collect your personal data if we have a valid reason for doing so, for example, to comply with our regulatory obligations; for the performance of our contract with you or to take steps at your request before entering into a contract; for our legitimate interests or those of a third party; or where you have given consent. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. Our primary goal in collecting your personal data and other personal information and to provide you a safe, efficient, smooth and customized experience. We also use your personal identifiable information together with other personally non-identifiable information to help us better know our users and to improve the Services and functionality of the Platform. The information we learn from you will help us personalize and continually improve your experience at our Platform. We do not voluntarily make this information available to third parties, nor do we use it for any other purpose, except as set out herein.

In addition to the above, We may also use Your personal data for several reasons, including but not limited to; (i) keep You informed of payment transaction status; (ii) send You communication in relation to availing of the Services via SMS or any other messaging service; (iii) allow Our customer service to contact You, if necessary; (v) request You for reviews of the Services; (vi) send You verification message(s) or email(s); (vii) validate/authenticate Your account and to prevent any misuse or abuse; (viii) send You important notices and communications regarding Our services availed or changes to the terms and conditions and/or policies; (ix) to send You marketing related communications; (x) to deal with enquiries and complaints raised by You and to troubleshoot problems; (xi) ensure compliance with all applicable laws and to ensure safety of the Platform and all Users; (xii) to prevent fraud, errors and/or any illegal activity on the Platform.

It may be necessary for Us to disclose Your personal data whether by law, legal process and/or by request from public and/or governmental authorities within or outside of your country of residence. We may also disclose Your personal information if We determine that disclosure is necessary or appropriate for the purposes of law enforcement, national security or to prevent or stop any activity We may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

You agree that in addition to as may be provided in this policy, We may also disclose Your personal information under the following circumstances:

Third party service providers

Compliance with laws and protection of Users: We may release your personal information when the same is required in order to comply with the law, in response to court orders, court summons, judgments, decrees, injunctions, arbitral awards, administrative orders, governmental investigation or orders of any government authority or any other legal process, to establish/exercise Our legal rights or defend against legal claims or in the event We reasonably believe that doing so is legally required or is in your interest to protect Your property or other legal rights or property or rights of others. We may also share your personal information in order to enforce and fully comply with Our terms of service and other Company policies.

Business transfer and mergers: We may transfer Your personal information if the Company, is acquired by or merged with another Company, to the extent permitted by applicable law and/or required under the scheme/arrangement of merger, etc. In such an event We will notify You before Your personal information is transferred/shared with the other entity and hence becomes subject to a different Privacy Policy;

With Your consent: In addition to the aforementioned circumstances, We may share Your personal information with third parties with Your prior consent and/or at Your request.

We may disclose information: as required by law; to enforce applicable Terms of Use, including investigation of potential violations thereof; when we believe in good faith that the disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request; with our trusted service providers who work on our behalf and who do not have an independent use of the information we disclose to them and have agreed to and adhered to the rules set forth in this Privacy Policy; to protect against imminent harm to the rights, property or safety of the Platform or our users or the public as required or permitted by law; with third party service providers in order to personalize the Platform or the Services for a better user experience.

The Platform uses cookies, and while visiting or using the Platform You accept our use of the cookies. We may place text files in the browser files of Your computer system. A cookie itself does not contain personal information and it will only enable Us to relate Your use of the Platform and Your behaviour on the Platform to information that You have specifically and knowingly provided. The only personal information that a cookie can contain is the information You supply to the cookie. A cookie can’t read data off Your hard disk or read cookie files created by other websites.

We may place both permanent and temporary cookies. A permanent cookie will remain on your web browser until its expiry date, unless deleted prior to such expiry date. However, most cookies are “session cookies” meaning that they automatically get deleted from your computer system at the end of the session. You can refuse cookies by turning them off in Your browser or alternatively You can also set your browser to warn You before accepting any cookies. Therefore, You are always free to decline Our cookies if Your browser permits, however We use certain cookies to authenticate Users on each page after the User logs on to the Platform or accesses any Services. If you, as a casual visitor, have inadvertently browsed any other page of this Platform prior to reading this Privacy Policy, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by Us. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as We cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Platform. Note that if You are not a casual visitor and if you have willingly submitted any personal data or information to Us through any means, including email, post or through the registration process on the Platform,all such visitors will be deemed to be, and will be treated as Users for the purposes of this Privacy Policy, and in which case, this Privacy Policy applies in its entirety to such persons.

The data that cookies collect will be used to process and/or analyse information by third parties to help improve or facilitate Our services, to provide Service on Our behalf, to Platform-related services, including but not limited to; maintenance services; fraud detection services; database management; web analytics; monitoring; and evaluation services. If you have any questions about Our cookie usage, please contact Us at the contact details/information mentioned below.

We respect the exercise of the rights You have in relation to the personal data We process or use. You can request access to or a copy of your personal data collected and processed by Us. You may also request the rectification and removal of personal data or the restriction of the processing of Your personal data. Users have the right to unilaterally change their e-mail and contact preferences at any time by logging into their “Account” on the Platform and changing the account settings. If You have an objection to use of Your data under this policy, please write to Our privacy team at [info@earthtronev.com]. To prevent misuse, We will ask You to identify yourself.

In relation to the third party Products which are processed by the Company and are bought by the User through the Platform, We hereby disclaim any liability, if any suffered by the User due to usage/processing/transfer of any information of User by such third parties for any means.

You are responsible for maintaining the accuracy, truthfulness, correctness and completeness of the information You submit or provide to Us, on the Platform; and shall hold harmless and indemnify the Company from and against all claims arising out of or in relation to the wrongful information posted, provided by You to Us, on the Platform.

If Your personal information changes, You may correct, delete inaccuracies, or amend information by contacting Us on [info@earthtronev.com]. If you wish to cancel your account or request that We no longer use your information to provide you Services, contact us on [info@earthtronev.com].

We understand the serious implications of data security and take extensive measures to ensure Your data and information is secured. We take extensive technical, and legal measures to safeguard Your personal data. The Platform uses a reliable SSL certificate to ensure Your personal data is not misused in any manner whatsoever. We use SSL encryption when transmitting certain kinds of information, such as financial services information or payment information.

Our employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User’s personal information or sensitive personal data and information. We have put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction.

No administrator of the Platform will have knowledge of Your password. It is important for You to protect against unauthorized access to Your password, Your computer and Your mobile phone. Ensure You log off from the Platform when finished. We do not undertake any liability for any unauthorized use of Your account and password. If You suspect any unauthorized use of Your account, you must immediately notify Us by sending an email to [info@earthtronev.com].Please note that We make all User information accessible to Our employees, agents or partners and third parties only on a need-to-know basis. However, We are not responsible for the confidentiality, security or distribution of Your personal information by Our partners and third parties outside the scope of Our agreement with such partners and third parties.

In case there is any breach of security, We will make all legally required disclosures concerning the breach and the confidentiality, or integrity of Your unencrypted electronically stored “personal data” to You via email or by posting it on Platform without unreasonable delay, in as far as is consistent with any legitimate needs of law enforcement and any measures required to determine the scope of the breach and to safeguard the integrity of data.

We do not sell, transfer or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We store and process your personal information on computers located in India that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way, please do not use this Platform.

Under no circumstances, we rent, trade, transfer or share your personal information that we have collected with any other company for their marketing purposes without your consent. We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure.

Notwithstanding anything contained anywhere in this Privacy Policy; we cannot assure absolute security to your personal data and by entering into or by logging into our Platform, you explicitly agree not to sue us for any data breach.

We ensure that your data and information shall be protected under the provisions of Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 along with any amendments made to these acts, rules and regulations.

We do not keep your personal data longer than necessary for the purpose of the processing. This includes, for example, the purposes of satisfying any legal, regulatory, accounting, reporting requirements, to carry out legal work, for the establishment or defence of legal claims. We may aggregate and anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case, We may use this information indefinitely without further notice to you.

This Privacy Policy shall be governed by the laws of India. The courts and tribunals of New Delhi, India will have exclusive jurisdiction to settle any dispute arising out of or in connection with this Privacy Policy (including any disputes regarding the existence, validity or termination of this Privacy Policy).

If any dispute, controversy or claim arises under, out of, or in relation to this Privacy Policy, including any dispute concerning the formation, construction, interpretation, or breach of this Privacy Policy, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty-five (45) days of either party (you or we) sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator. The seat and venue of the arbitration proceedings shall be New Delhi, India by a sole arbitrator who shall be appointed by the Company and whose decision shall be final and binding upon all the parties.

If you have any question or complaints about the processing of your personal data, write to us at [info@earthtronev.com]. Our team will be happy to assist you.

Email: info@earthtronev.com

By phone number: 011-40164881