Services Privacy Policy

1. INTRODUCTION

We, Dista Technology Pvt. Ltd. (“Company”, “we”, “us”, “our”) are the owners of the platform comprising of a website distastage.wpengine.com ,mobile application & web-based application “Dista” together referred to as (the “Platform”). The Platform is an AI enabled location intelligence platform that facilitates field force management, delivery optimization, asset tracking and other use cases around location intelligence. (“Services”) We respect data privacy rights and are committed to protecting personal information collected on this Platform. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on this Platform.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE PLATFORM, YOU AGREE TO THIS PRIVACY POLICY AND PROVIDE YOUR CONSENT FOR OUR USE OF YOUR PERSONAL INFORMATION AS PER THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT PROVIDE YOUR PERSONAL INFORMATION ON THE PLATFORM.

IF YOU ARE ACCESSING THE PLATFORM ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE PLATFORM SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE PLATFORM.

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT BEING COMPLIANT AND CONSTRUED IN ACCORDANCE WITH THE DATA PROTECTION LAWS OF VARIOUS JURISDICTION SUCH AS INDIAN INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT 2000 (“PRIVACY RULES”) THAT REQUIRE PUBLISHING OF PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION, THE EUROPEAN UNION (“EU”) GENERAL DATA PROTECTION LAWS (“the GDPR”), THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“the CCPA”) AND APPLICABLE DATA PROTECTIONS LAWS OF UNITED STATES(“US”).

2. DEFINITIONS

“User(s)”, “you”, “your” shall mean and include any individual, commercial organizations registered with us (“Customer”) and their permitted users that avail the Services through the Platform, as well as visitors to our website.
“User Content” shall mean and include data, photographs, and any other information uploaded by the Users on the Platform.

3. PERSONAL INFORMATION COLLECTED

This Privacy Policy applies to Personal Information collected and controlled by the Company, through the Platform about the Users, for providing the Services. For the provision of the Services, User is required to register with the Platform by using the sign-up option available (“User Account”). During the registration process, for using the Services, for connecting with us through our website , User shall be required to share/upload certain Personal Information.

For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to User’s name, physical address, email address, mobile number, organization name, country, financial details and User Content. We do not collect or receive any sensitive information such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, or data concerning health or sexual orientation.

Website and Social media accounts – We may also collect, store and use your Personal Information when you

(1) access or provide your Personal Information on our social networking handles operated by us on Facebook, Twitter, and/or LinkedIn

(2) share our blogs through Facebook, Twitter, and/or LinkedIn and

(3) comment/ provide feedback/testimonials on such social networking handles.

4. Payment Information

You may elect to pay for the Services through our Platform, we may collect certain information such as name and email address to process your request. You will be required to provide certain payment information directly to our payment processing partners, including but not limited to your name, credit/debit card information. We do not access, store or collect your credit/debit card information.

5. Google Analytics and Cookies

This Platform uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies, text files that are stored on your computer and enable analysis of your use of the Platform. The information generated by the cookies about your use of this Platform are usually transferred to a server of Google in the US and stored there. In case of activation of IP anonymization on this Platform your IP address from Google will be truncated within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address is transmitted to a Google server in the US and shortened there. You can refuse the use of cookies by selecting the appropriate settings on your browser software. You can also prevent the data generated by the cookie and related to your use of the Platform to Google and the processing of these data by Google, by selecting the in the following link (https:// Download tools.google.com/dlpage/gaoptout?hl=de) available browser plug-in and install it.)

Log information – When you access the Platform via a browser or application, our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.

Cookies – We use cookies and similar tracking technologies to track user traffic patterns. Tracking technologies also used are beacons, tags and scripts to collect and track information and to improve and analyze our service. If you wish to not have the information these technologies collect, used for the purpose of serving you targeted ads the Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to disable cookies altogether etc.

We use cookies to:

• improve the user experience on the Platform
• understand the usage based on the geographical area
• understand the usage based on the demographics
• understand and get usage patterns of the Users

Examples of Cookies we use: Session cookies, First party cookies and Third Party cookies,.

The cookies will collect following information:

• Clicks and scroll on the Platform;
• Visitor’s operating system, browser information, CPU, GPU; and
• Information of Service Provider.

Will disabling the cookies allow users to use the Platform?
We will not restrict the usage of the Platform if the cookies are disabled, but some features and Services may not function.

6. ANONYMIZED DATA

We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to conduct research, analytical purposes, and to improve our Services. By using the Services and/or visiting our website, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.

7. ACCURACY OF INFORMATION

User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information and User Content shared with us whether of its own or any third party. In the event the User is sharing any Personal Information and User on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

8. USE OF PERSONAL INFORMATION

We shall use the Personal Information in the following cases:

(i) to provide User with the Services

(ii) assist the User in the event the User needs any additional support;

(iii) to provide User information about any new services /and or our periodic newsletter;

(iv) for creation or development of business intelligence or data analytics in relation to the Services provided by the Company;

(v) to improve the Services;

(vi) to maintain and manage User Account;

(vii) to assist User with technical difficulties that may arise in relation to User’s use and access of the Platform;

(viii) to manage our relationship with User;

(ix) for internal record keeping; and

(x) to comply with our legal or statutory obligations.

9. DISCLOSURES

We do not sell, rent, share, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Information in the following cases:

• Affiliates: We may provide your Personal Information to our affiliates to enable them to improve the Services and respond to User’s requests related to the Services.

• Service Providers: We may share your Personal Information with the service providers who work with us in connection with operating the Platform and/ or providing the Services. All such service provider are subject to stringent confidentiality restrictions consistent with this Privacy Policy.

• Merger or Acquisition: We may transfer your Personal Information if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the Platform, to a third party. Any such third party or resultant entity that receives your Personal Information shall have the right to continue to use your Personal Information in line with the purposes set out herein. In the event of such a sale or transfer, we may notify you.

• Legal and Regulatory Authorities: We may disclose your Personal Information in order to comply with our legal obligations/ court orders/ requests by Govt. authorities.

10. DATA RETENTION

We will retain your Personal Information as long as it is required to be retained for the purpose of provision of the Services and to comply with our legal obligations. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will delete your Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers. When we no longer require your Personal Information or data we may pseudonymise the same (so that it can no longer be associated with an individual), in which case we may use this data indefinitely without further notice. For more information on where and how long your Personal Information is stored, and for more information on your rights of erasure and portability, please contact privacy@dista.ai.

11. OUR SECURITY MEASURES

Your Personal Information including User Content is stored on Google cloud platform.. Although we provide appropriate firewalls, encryptions, and protections, we cannot warrant the security of any Personal Information transmitted as these systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we assume no liability or responsibility for it. You are required to be careful to avoid “phishing” scams, where someone may send you an e-mail that looks like it is from us asking for your personal information.

12. CHILDREN’S PRIVACY

We do not knowingly collect Personal Information from children under the age of 13 years. If you are a child under the age of 13 years, please do not provide us any Personal Information. If we discover that we have received any Personal Information form a child below 13 years of age, we shall delete such Personal Information as soon as possible.

13. ACCESSING AND MODIFYING PERSONAL INFORMATION

In case User needs to access, review, and/or make changes to the Personal Information including User Content except for User’s mobile number, User may do so by requesting the admin user. If the User modifies his/her mobile number, then he/she has to re-register on the Platform through a new User Account and deactivate the earlier User Account. User shall keep User’s Personal Information updated to help us improve our Services. If User updates, modifies or corrects his Personal Information, we may continue to keep copies of the Personal Information prior to such update, modification or correction for uses provided for in this Privacy Policy. We shall not verify any such modifications or corrections made by the User. User shall be solely liable for such modifications or corrections.

14. YOUR RIGHTS

You have the right to access your Personal Information in our possession, right to have us rectify or modify any such Personal Information, right to have us erase/delete your Personal Information, right to restrict us from processing such Personal Information, right to object to our use of your Personal Information, right to request to port your Personal Information. If you are a visitor of the website and would like to exercise ANY of these rights, please contact privacy@dista.ai. If you are the permitted users of the Customers using the Services of the Platform and would like to exercise your rights, you should reach out to the Customer. We shall assist our customers to fulfil their obligations under applicable data protection laws in relation to data subject’s rights. If you are a resident of the EU you have the right to lodge a complaint with a data protection authority.

15. INFORMATION FOR EU USERS.

• Controllers or Processors
As per the provisions of the GDPR Dista Technology Pvt Ltd will be the Controller of Personal Information of the visitors collected on the website and Processor for Personal Information collected on the Dista mobile based and web-based application.

• Legal Basis
We will not process your Personal Information without a lawful basis to do so. We will process your Personal Information only on the legal basis of consent [as provided in Art. 6 (1) (a) of the GDPR], contract [as provided in Art. 6 (1) (b) of the GDPR], or on the basis of our legitimate interests [as provided in Art. 6 (1) (f) of the GDPR], provided that such interests are not overridden by your privacy rights and interests.

• Cross-Border Information Transfer
Subject to European Data Protection laws, whenever we transfer your Personal Information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based:

(a) Pursuant to the recipient’s compliance with standard contractual clauses, or Binding Corporate Rules

(b) Pursuant to the consent of the individual to whom the personal information pertains

(c) As otherwise permitted by applicable EEA requirements.

(d) Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.

16. CALIFORNIA RESIDENT RIGHTS

If you are a California resident, you have the rights as mentioned below;

Access – You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. If we have disclosed your Personal Information for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient. If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Information purchased by each category of third-party recipient.

Deletion – You have the right to request that we delete the Personal Information that we have collected from you.

Exercising Your Rights – To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request. We will respond to your Valid Request within 45 days of receipt. We will not charge you with any fees for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants any fees, we will notify you of the fees and explain that decision before completing your request. You may submit your Valid Request at privacy@dista.ai

 No Discrimination

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our Services, charge you different prices or rates, or provide you a lower quality of our Services if you exercise your rights under the CCPA.

17. CHOICE AND OPT-OUT

We may send you communications including but not limited to

(a) notices about your use of our Platform and Services, including those concerning violations of use,

(b) updates,

(c) promotional information regarding our Services, and

(d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails.

Alternatively, you can opt out, at any time, by emailing privacy@dista.ai with your specific request.

18. LINKS TO OTHER WEBSITES

Our Platform may contain links to other website/applications/of your interest. Please note that we do not have any control over such other websites/applications, and you will be accessing these websites/applications at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites/applications.

19. LIMITATION OF LIABILITY

To the extent permissible under the law, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, information, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of this Privacy Policy.

20. INDEMNIFICATION

User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to:

(i) accuracy and correctness of Personal Information and User Content that User submits or shares through the Platform;

(ii) User’s and its permitted user’s violation of this Privacy Policy,

(iii) or User’s violation of rights of another User.

21. GOVERNING LAWS AND DISPUTES

This Privacy Policy and all disputes and claims arising under this Privacy Policy will be interpreted and governed by the laws of India, without regard to its conflict of laws principles, and the parties hereby consent to venue and to the exclusive jurisdiction of the courts at Mumbai. Any dispute arising out of or relating to this Privacy Policy shall be referred to arbitration of a sole arbitrator, to be appointed by Company. In the event that Company fails to appoint an arbitrator through the mechanism stated herein above, then the Parties agree that the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA”)/ Arbitration Rules of the International Chamber of Commerce (“ICC”)/ Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”)/ Arbitration Rules of the American Association of Arbitration (“AAA”), which rules are deemed to be incorporated by reference in this Section. The Authority to appoint the arbitrator/(s) shall be the MCIA/ ICC/ SIAC/ AAA. The decision of the arbitral tribunal arbitrator shall be final, conclusive and binding on the Parties. The arbitration proceedings shall be conducted in the English language and shall take place at Mumbai, (India),/Singapore/ Delaware in accordance with the Arbitration and Conciliation Act, 1996/ Arbitration Rules of the ICC/ Arbitration Rules of SIAC)/ Arbitration Rules of AAA.

22. CHANGES TO THIS POLICY

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change through our Platform

This Privacy Policy was last modified on 20th April, 2021.

23. CONTACT US

If you have any questions or concerns or grievances regarding this Privacy Policy, you can contact our Grievance Officer, Rajesh Patil at grievance@dista.ai