Introduction
When you use ‘Vyavshay’, you trust us with your personal data. We’re committed to keeping that trust. This ‘Privacy Policy’ describes the personal data we collect, how it’s used and shared, and your choices regarding this data. We recommend that you read this document carefully before using our Mobile Applications which includes ‘Vyavshay’ and ‘Vyavshay – Partner’.
Overview
Scope – This Privacy Policy applies to users of’‘Vyavshay’ and ‘Vyavshay – Partner’ Services anywhere in the world.
This ‘Privacy Policy’ describes how Vyavshay collect and use personal data.
This ‘Privacy Policy’ applies to all users of our apps, websites, features, or other services anywhere in the world, unless covered by a separate privacy ‘Privacy Policy’. This ‘Privacy Policy’ specifically applies to:
• Users: individuals who request or receive service (Services offered through our Vyavshay mobile application).
• Partners: individuals who provide Services to User individually or through agent
• Associates: Individual who deliver services
• Agent: individuals who request services behalf of any ‘User’ and liaison with Partners
This ‘Privacy Policy’ also governs Vyavshay’s other collections of personal data in connection with its services. For example, we may collect the contact information of individuals who use accounts owned by Vyavshay for Business customers or of owners or employees of Partner or other merchants; personal data of those who start but do not complete applications to be Partner or User; or other personal data in connection with our mapping technology and features.
All those subject to this ‘Privacy Policy’ are referred to as “users” in this ‘Privacy Policy’.
Our practices are subject to applicable laws in the places in which we operate. Currently we are operating in India only and this ‘Privacy Policy’ is applicable to India only.
Data Collection and Uses
The data we collect
Vyavshay collects personal data:
• provided by users to Vyavshay, such as during account creation / Registration
• created during use of our services, such as location, app usage, and device data
• from other sources, such as other users or account owners, business partners, vendors, financial solution providers, and governmental authorities
The following personal data is collected by or on behalf of Vyavshay:
1. Data provided by users. This includes:
User / Partner profile: We collect data when users create or update their Vyavshay accounts. This may include their name, email, phone number, login name and password, address, profile picture, payment or banking information (including related payment verification information), Partner / Associate’s license and other government identification documents (which may indicate document numbers as well as birth date, gender, and photo). This also includes vehicle information of Partner / Associates and Service delivery associates, emergency contact information, user settings, and evidence of health or fitness (COVID or Similar) to provide services using Vyavshay apps.
We may use the photos submitted by users to verify their identities, such as through facial verification technologies. For more information, please see the section titled “How we use personal data.”
2. Background check and identity verification (Partner and Service Executives). This may include information such as Partner / Associate history or criminal record (where permitted by law), license status, known aliases and prior addresses, and right to work. This information may be collected by an authorized vendor on Vyavshay’s behalf.
3. User content: We collect the data submitted by users when they contact Vyavshay customer support, provide ratings or compliments for other users, Partners, or otherwise contact Vyavshay. This may include feedback, photographs or other recordings collected by users, including audio or video recordings submitted by users in connection with customer support. This also includes metadata relating to the method you use to communicate with Vyavshay.
4. Book keeping information: We collect details of services provided which include – Total amount, amount paid and amount due information against each order to generate proper invoice and follow up actions.
Data created during use of our services
This includes:
• Location data (Partner and Associates): We collect Partner and Associates precise or approximate location data, including to enable service delivery follow up, to enable Partner / Associates tracking and Service delivery records. Vyavshay collects this data when the Vyavshay app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device.
• Location data (User and Service recipients). We collect User’s precise or approximate location data to enable and enhance use of our apps, including to improve service delivery, facilitate service deliveries.
We collect such data from users’ mobile devices if they enable us to do so. (See “Choice and transparency” below for information on how Users and delivery recipients can enable location data collection). Vyavshay collects such data from the time a ride or delivery is requested until it is finished (and may indicate such collection via an icon or notification on your mobile device depending on your device’s operating system), and any time the app is running in the foreground (app open and on-screen) of their mobile device.
Users and delivery recipients may use the Vyavshay apps without enabling Vyavshay to collect precise location data from their mobile devices. However, this may affect features in the Vyavshay apps. For example, service may be limited if User has not enabled location data to be collected from their device.
• Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, order details, payment transaction information, delivery information, date and time the service was provided, amount charged, distance travelled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.
• Usage data: We collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, and type of browser. We may also collect data regarding the third-party sites or services used before interacting with our services, which we use for marketing.
In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers.
• Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address or other unique device identifiers, operating systems and versions, software, preferred languages, advertising identifiers, device motion data, and mobile network data.
• Communications data: We enable users to communicate with each other and Vyavshay through Vyavshay’ s mobile apps and websites. For example, we enable Partner and User, and Associates, to call, text, or send other files to each other (generally disclosing their telephone numbers to each other). To provide this service, Vyavshay receives some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. Vyavshay may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our services and features, and for analytics.
Data from other sources. These include:
• Users participating in our referral programs. For example, when a user refers to another person, we receive the referred person’s personal data from that user.
• Vyavshay account owners who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts. This includes Partners of Vyavshay for Business accounts.
• users or others providing information in connection with claims or disputes.
• vendors who help us verify users’ and Partner identity, background information
• insurance, vehicle, or financial services providers for Partner and/or Associates
• publicly available sources
• marketing service providers or data resellers whose data Vyavshay uses for marketing or research
• law enforcement officials, public health officials, and other government authorities
Vyavshay may combine the data collected from these sources with other data in its possession.
Vyavshay uses personal data to enable reliable and convenient Service delivery and follow up actions. We also use such data:
• for customer support
• for research and development
• to enable communications between users
• to send marketing and non-marketing communications to users
• in connection with legal proceedings
Vyavshay does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.
We use personal data we collect:
1. To provide our services. Vyavshay uses data to provide, personalize, maintain, and improve our services.
This includes using data to:
• create/update accounts
• enable delivery services (such as using location data or delivery), features that involve data sharing (Expected Time of Arrival sharing, and ratings and compliments),
• process payments
• track and share the progress of service deliveries
• personalize users’ accounts to share promotional activities
• facilitate insurance, vehicle, invoicing, or financing solutions
• perform necessary operations to maintain our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends.
Vyavshay performs the above activities, including the collection and use of location data for purposes of these activities, on the grounds that they are necessary to fulfil our obligations to users as per the application.
• using user ratings, reported incidents, and other feedback to encourage compliance and as grounds for deactivating users with low ratings
• sharing information regarding serious Partner / Associate or delivery person safety incidents or compliance with local regulations with third parties, including other companies who enable users to request or provide rides or delivery services, or intermediaries who collect and report such information for multiple companies, to prevent Partner / Associates or delivery persons who may pose a safety risk to the platform or its users from using Vyavshay’s or those other companies’ services. We may also share with third parties, including those affected by such incidents, whether the incidents result in account deactivation.
• using ratings, usage and other data to prevent matching of Users and Partner / Associates for whom there is higher risk of conflict
• Vyavshay performs the above activities on the grounds that they are necessary to fulfil our obligations to users under our Terms of Use
• Customer support. Vyavshay uses the information we collect (which may include call recordings) to provide customer support, including to investigate and address user concerns and to monitor and improve our customer support responses and processes.
Vyavshay performs the above activities on the grounds that they are necessary to fulfil our obligations to users under our Terms of Use or other agreements with users.
Research and development. We may use personal data for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us make our services more convenient and easier-to-use, enhance the safety and security of our services, and develop new services and features.
Vyavshay performs the above activities on the grounds that they are necessary to fulfil our obligations to users under our Terms of Use or other agreements with users in improving our existing services and features, or for purposes of Vyavshay’s legitimate interests developing new services and features.
Enabling communications between users. For example, a Partner / Associate may message or call a User to confirm Service location, a user may contact a Partner / Associate for follow up action / payment
Vyavshay performs the above activities on the grounds that they are necessary to fulfil our obligations to users under our Terms of Use or other agreements with users.
Marketing. Vyavshay may use personal data to market our services to our users. This includes sending users communications about Vyavshay services, features, promotions, sweepstakes, studies, surveys, news, updates, and events. We may do so through various methods, including email, text messages, push notifications, in app communications and ads, and ads on third party platforms.
We may also inform users about products and services offered by Vyavshay partners. For example, we may provide recommendations, promotions, or ads for Vyavshay partners based on users’ Service order / bookings. Although we inform users about products and services offered by Vyavshay partners, we do not sell users’ personal data to, or share it with, such partners or others for purposes of their own direct marketing or advertising, except with users’ consent.
We may use the data we collect, including in combination with advertising partners’ data, to personalize and improve the marketing communications (including ads) that we send on and off Vyavshay’s apps and websites, including based on user location, use of Vyavshay’s services, and user preferences and settings. For example, we share user data (such as hashed email address, usage information, and device or user identifiers) with Facebook and WhatsApp to personalize and improve our ads for Vyavshay’s services.
Vyavshay performs the above activities on the grounds that they are necessary for purposes of Vyavshay’s legitimate interests in informing users about Vyavshay services and features or those offered by Vyavshay partners, or on the basis of user consent.
non-marketing communications. Vyavshay may use personal data to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of Vyavshay or its partners. Vyavshay performs the above activities on the grounds that they are necessary to fulfil our obligations to users under our Terms of Use with users, or for purposes of Vyavshay’ s and it’s users legitimate interests in informing users about events that may have an impact on how they can use Vyavshay services.
Legal proceedings and requirements. We may use personal data to investigate or address claims or disputes relating to use of Vyavshay’s services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, or pursuant to legal process or governmental request, including from law enforcement.
Vyavshay performs the above activities on the grounds that they are necessary for purposes of Vyavshay’s legitimate interests in investigating and responding to claims and disputes relating to use of Vyavshay’s services and features, and/or necessary for compliance with applicable legal requirements.
Automated decision-making
We use personal data to make automated decisions relating to use of our services. This includes:
• enabling dynamic pricing, in which the price of a service or the Service fee for Vyavshay Partner is determined based on constantly varying factors such as the estimated time and distance and the number of Users and Partner / Associates using Vyavshay at a given moment.
• matching available Partner / Associates to users requesting services. Users can be matched based on availability, proximity, and other factors such as likelihood to accept a service / order based on their past behaviour.
• determining user ratings, and deactivating users with low ratings.
• flagging users who are identified as having engaged in fraud, unsafe activity, or other activities that may harm Vyavshay, its users, and others. In some cases, such as when a user is determined to be abusing Vyavshay’s referral program or has submitted fraudulent documents, such behaviour may result in automatic deactivation.
• using Partner / Associate location information, and communications between User and Partner / Associates, to identify cancellation fees To object to such an adjustment, please contact Vyavshay customer support.
• Using Partner / Associate data (such as location, rating and gender) and rider data (such as rating, origin and destination) to help avoid pairings of users that may result in increased risk of conflict.
Click the links in this section for more information about these processes. To object to a deactivation resulting from these processes, please contact Vyavshay customer support.
Vyavshay performs the above activities on the grounds that they are necessary to fulfil our obligations to users under our Terms of Use or other agreements with users, or on the grounds that they are necessary for purposes of the legitimate interests of Vyavshay, its users and others.
Cookies and third-party technologies
Vyavshay and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice, and Vyavshay’s Cookie Notice.
Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Vyavshay uses cookies and similar technologies for purposes such as:
• authenticating users
• remembering user preferences and settings
• determining the popularity of content
• delivering and measuring the effectiveness of advertising campaigns
• analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services
We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.
Data sharing and disclosure
Some of Vyavshay’s services and features require that we share personal data with other users or at a user’s request. We may also share such data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.
Vyavshay may share personal data:
1. With other users
This includes sharing:
• Users’ first name, rating, and service locations with Partners / Associates
• delivery recipients’ first name, service delivery address, and order information with the Partners. We may also share ratings and feedback, or other information to the extent required by law.
• for Partners / Associates we may share data with the User, Service delivery recipient(s) including name and photo; Vehicle license plate, location (before and during trip); average rating provided by users; total number of trips; period of time since they signed up to be a Associates; contact information and Partner or Associates profile.
We also provide Partner Vyavshay commission invoice with due date and follow up actions if not paid within dates with receipts containing information such as a breakdown of amounts charged
• for those who participate in Vyavshay’s referral program, we share certain personal data of referred users, such as name, contact number and number of service requested with details.
2. At the user’s request
This includes sharing data with:
• Vyavshay business partners. For example, if a user requests a service through a partnership or promotional offering made by a third party, Vyavshay may share certain data with those third parties. This may include, for example, other services, platforms, apps, or websites that integrate with our APIs; vehicle suppliers or services; those with an API or service with which we integrate; merchants or other Vyavshay business partners and their users in connection with promotions, contests, or specialized services.
• Emergency services: We offer features that enable users to share their data with police, fire, and ambulance services in the event of an emergency or after certain incidents.
3. With the general public
Questions or comments from users submitted through public forums such as Vyavshay blogs and Vyavshay social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user.
4. With the Vyavshay account owner
If a user requests (Agent) an order using an account owned by another party, we may share their order information, including location data, with the owner of that account with service recipient / end user.
5. With Vyavshay subsidiaries and affiliates
We share personal data with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf.
6. With Vyavshay service providers and business partners
Vyavshay provides personal data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:
• payment processors and facilitators
• background check and identity verification providers
• cloud storage providers
• Google and MapMyIndia, in connection with the use of Maps in Vyavshay’s apps
• social media companies, including Facebook and WhatsApp, in connection with Vyavshay’s use of their tools in Vyavshay’s apps and websites (see Facebook’s and WhatsApps privacy policies for information on their collection and use of data)
• Marketing partners and marketing platform providers, including social media advertising services, advertising networks, third-party data providers, and other service providers to reach or better understand our users and measure advertising effectiveness
• research partners, including those performing surveys or research projects in partnership with Vyavshay or on Vyavshay’s behalf
• vendors that assist Vyavshay to enhance the safety and security of its apps
• consultants, lawyers, accountants, and other professional service providers
• insurance and financing partners
• third-party vehicle suppliers, including fleet and rental partners
7. For legal reasons or in the event of a dispute
Vyavshay may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.
This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies; to protect Vyavshay’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. In the event of a dispute relating to use of another person’s credit card, we may be required by law to share your personal data, including order information, with the owner of that credit card.
This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
8. With consent
Vyavshay may share a user’s personal data other than as described in this notice if we notify the user and they consent to the sharing.
Data retention and deletion
Vyavshay retains user data for as long as necessary for the purposes described above.
Users may request deletion of their accounts at any time. Vyavshay may retain user data after a deletion request due to legal or regulatory requirements or for reasons stated in this policy.
Vyavshay retains user data for as long as necessary for the purposes described above. This means that we retain different categories of data for different periods of time depending on the type of data, the category of user to whom the data relates, and the purposes for which we collected the data.
Users may request deletion of their account at any time through the Settings > Privacy menus in the Vyavshay app or requesting customer service. Following an account deletion request, Vyavshay deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. Because we are subject to legal and regulatory requirements relating to drivers and delivery persons, this generally means that we retain their account and data as required by law. For Users and Associates, their data is generally deleted within 90 days of a deletion request, except where retention is necessary for the above reasons.
We may occasionally update this Privacy Policy
We may occasionally update this Privacy Policy. If we make significant changes, we will notify users in advance of the changes through the Vyavshay apps or through other means, such as email / SMS. We encourage users to periodically review this notice for the latest information on our privacy practices. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law.
