I. INTRODUCTION

I. INTRODUCTION

1. Mawani India PCS Private Limited and its affiliates (collectively referred to here as "Cargoes Community") are committed to protecting your privacy online. We appreciate that you do not want the personal Information you provide to us distributed indiscriminately and here we explain how we collect Information on or via the portal ( community.cargoes.com/in) (the "Portal"), what we do with that Information and what controls you have in relation to it. This privacy policy forms part of the Terms and Conditions available at community.cargoes.com/in which govern all use of the Portal.

2. This privacy policy (“Policy”) shall be applicable to the use of our Portal, or any services offered by Cargoes Community (“Company/We/Us/Our”) and its users (“User/You/Your”).

3. This Policy constitutes a legal binding agreement between its User(s) and the Company.

4. For the purposes of this Policy, the term “Information” shall mean and include all data and information shared by the User including but not limited to information as mentioned under Rule 2(i) and Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules), 2011.

5. The Company has adopted this Policy to set out the manner in which the Company handles the Information provided by You for the purposes in relation to Your use of the Portal.

6. This Policy also specifies the manner in which Your Information is collected, received, stored, processed, disclosed, transferred, dealt with and handled by the Company in relation to Your use of the Portal. We reserve the right, in Our sole discretion, to terminate the access to the Portal and / or other mediums at any time, without notice to You, for general maintenance or for any reason whatsoever.

7. You are hereby advised to read this Policy carefully and fully understand the nature and purpose of gathering and / or collecting Your Information and other data or information and the usage, disclosure and sharing of such Information. This Policy does not cover information you may choose to share with other users of the Portal. This Policy applies to all Your personal data and Information with Us, whether in physical or electronic mode. This Policy is meant to help You understand what information We collect, why We collect it, and how You can update, manage, and delete Your Information and shall be read together with the Terms. Use of Our Portal and services is governed by this Policy.

8. We may update this Policy to reflect changes to Our practices. We encourage You to periodically review this page for the latest information on Our privacy practices. We are not obliged to inform You specifically of any such updates, whether material or otherwise and it shall be Your responsibility to keep yourself updated on any changes to this Policy. The changes to the Policy will be effective immediately upon being posted on the Portal, and Your continued use of the Portal after the changes are effective will constitute Your acknowledgement and acceptance of terms of the revised Policy.

9. Your use of the Portal, Our services or otherwise giving Your Information, constitutes consent to the terms contained in this Policy and You will be deemed to have read, understood and agreed to the practices and policies in this Policy. If you do not agree with the terms in this Policy, we request that You should exit the Portal immediately and discontinue the use of Our services. By voluntarily providing Us with Your Information, You are consenting to Our use, transfer, collection, storing, processing, handling, disclosing, deletion of it in accordance with applicable laws and this Policy.

10. By accessing or using Our Portal, You give Your express consent for collection, usage, storage, deletion, processing, handling, disclosing, transferring, and sharing Your Information with Us and with third parties or service providers for the purposes set out in this Policy. We may use such Information You provide (including any changes thereto as provided by You) for any of the products or services that We offer and for Our internal records and other purposes as mentioned in the Policy.

11. If You reside outside India Your Information will be collected, used, stored, deleted, processed, handled, disclosed, transferred, and shared in accordance with the applicable laws of India.

12. This Policy constitutes an electronic record in accordance with the provisions of the Information Technology Act, 2000.

II. WHAT INFORMATION DO WE COLLECT ABOUT YOU?

1. In the course of Your use of the Portal, You provide Us with certain information, which may be broadly described as general Information and personal Information.

2. General Information:  We receive more general information from You as a result of Your visits to, and use of, the Portal. This general information does not identify You personally, and can include information such as Your IP address, the length of time You spend on the site, Your browsing history, and other such information derived from the use of Our Portal.

3. Personal Information:  We also receive more personal information about You, such as Your name, email address, postal address, telephone number and various details about You and / or Your company upon registration. Each time You use the Portal we will also ask You for Your username and password.

4. We may store or access some information (commonly known as a "cookie") on your computer when you access the Portal. This information facilitates your use of the Portal and helps us to provide you with the best level of service. For example, cookies ensure that you do not need to re-enter your details every time you visit the Portal and help us to show you advertisements which are relevant to your interests.

5. You can erase or block cookies from Your computer if You want to (Your help screen or manual should tell You how to do this), but certain services available on the Portal may not work correctly if You set Your browser not to accept cookies.

6. Log Files: When You access Our Portal, Our servers automatically record information that Your browser sends whenever You visit a website. These server logs may include information such as Your web request, 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.

III. HOW IS YOUR INFORMATION USED?

1. Cargoes Community collects Your personal Information and general Information to enable Us, amongst other things, to provide Our services on the Portal to You and to allow Us to better understand Our users and improve the layout and functionality of the Portal. In summary, Your personal Information and general Information is used to:

·        a) Open and manage Your registration with the Portal;

·        b) Identify You each time You visit the Portal (by checking Your computer for Our cookie);

·        c) Operate the Portal, and bill You for services purchased on the Portal;

·        d) Track Your use of the Portal;

·        e) Generate aggregate statistics about Portal visitors;

·        f) Send You information You have requested through the Portal;

·        g) Notify You about products and services that may interest You (see below);

·        h) Also, We may share Your Information with certain third parties as outlined below;

·        i) Any other lawful purpose; or

·        j) And any other purpose incidental or connected with the above-mentioned purposes.

2. We may disclose Information about You to third parties if we have a good-faith belief that We are required to do so by law or legal process, either to respond to legal claims, or to protect Our rights, property, or safety, or the rights, property, or safety of others. We may disclose Information about You to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion of Our assets or prior to such event in the case of any diligence requirement. The successor organization's use and disclosure of Your personal Information will continue to be subject to this Policy unless: (i) a court orders otherwise; or (ii) the successor organization gives You notice that Your personal Information will be subject to the successor organization's own policy, along with an opportunity for You to opt-out (which may cause You not to be able to continue to use the website). If You submit personal Information after such a transfer, that Information may be subject to the successor entity's policy.

IV. WITH WHOM IS YOUR INFORMATION SHARED?

1. Cargoes Community will pass parts of Your Information to third parties who assist in providing You with the services available on the Portal or in the payment for those services (such as banks and payment platform providers). Unless You tell Us in writing that You do not want us to, Cargoes Community may disclose Your personal Information to business partners or sponsors to allow them to contact You by email about products and services that may interest You. Cargoes Community cannot be held responsible for the actions of those third parties to whom We disclose Your Information.

2. Cargoes Community may analyze and disclose aggregate statistics about visitors to the Portal, customers and sales in order to describe Our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifying Information.

3. Cargoes Community may disclose Your personal Information if required to do so by law or if it believes that such action is necessary to protect and defend the rights, property or personal safety of Cargoes Community, the Portal or its visitors.

4. If Cargoes Community is sold to a third party, or Cargoes Community otherwise becomes subject to a merger, consolidation or acquisition, it would become necessary for Us to transfer Your personal Information to a third party, and in such case Cargoes Community would ensure that the third party handles your personal Information with the same level of care as required by Us under the terms of this Policy.

5. The Portal contains links to other third-party sites. Cargoes Community is not responsible for the privacy policies or the content of such sites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Portal from another website or document without Cargoes Community’s prior written consent.

V. SECURITY

1. Cargoes Community places a great importance on the security of all personally identifiable Information associated with Our customers. We have implemented technology and policies to safeguard Your privacy from unauthorized access, in accordance with applicable laws. Although We have appropriate systems in place, We and Our providers cannot guarantee and will not be held responsible for any unauthorised access by third parties.

2. We adopt reasonable security measures to protect Your Information in a manner that is compliant with applicable laws. The security of Your Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect Your Information, we cannot guarantee its absolute security.

VI. WHERE IS THE INFORMATION STORED?

All the personal identifiable Information is securely transferred and stored in servers located in UAE. Further all other transactional data / Information which you submit or is stored on the Portal is stored on a servers located in India. You hereby consent that all personal identifiable Information can be transferred and stored in the servers located in UAE.

VII. YOUR ACCEPTANCE

1. By using or registering on the Portal and therefore accepting the Terms and Conditions and the Policy, You consent to the collection and use of Your Information by Cargoes Community as set out above. If We change the Policy in any way, we will post these changes on this Portal and You are required to check this regularly.

2. If You reside outside India Your Information will be collected, used, stored, deleted, processed, handled, disclosed, transferred, and shared in accordance with the applicable laws of India. If you are a minor / an unauthorized user / not legally competent to enter into this agreement, please exit and immediately stop using Our Portal.

3. We will not differentiate between who is using the device to access the Portal, so long as the log in / access credentials match with Yours. It is Your sole responsibility to not share your login credentials with any third party. In order to make the best use of the Portal and enable Your Information to be captured accurately on the Portal, it is essential that You have logged in using Your own credentials. We will, at all times, provide the option to You to not provide the Information which We seek from You. Further, You shall, at any time while using the Portal, also have an option to withdraw Your consent given earlier to Us to use such Information. Such withdrawal of the consent is required to be sent in writing to Us at the contact details provided in this Policy below. In such event, however, Cargoes Community fully reserves the right not to allow further usage of the Portal or provide any services thereunder to You.

4. Thank you for your cooperation. We hope You find the Portal helpful and convenient to use. Please e-mail Us with any other concerns regarding the Policy, Your privacy, or exercising Your rights or the contents of the Portal to Our Grievance Officer, Vishal Gupta at:  in-grievance@community.cargoes.com .

VIII. OTHER RELEVANT TERMS

1. Currently, We plan to retain User data while an account is active and for a reasonable period thereafter. We may alter this practice according to legal and business requirements. For example, We may lengthen the retention period for some data if needed to comply with any applicable law or voluntary codes of conduct. Unless otherwise prohibited in law, We may shorten the retention period for some types of data if needed to free up storage space.

2. We may present links in a format that enables Us to keep track of whether these links have been followed. We use this information to improve Our customized content. Clicking on links may take You to sites outside Our domain. We are not responsible for the privacy practices of other websites / applications. We encourage Our users to be aware when they leave Our site to read the privacy statements of each and every website / application that collects Information. This Policy applies solely to Information collected by Our Portal.

IX. YOUR RIGHTS

1. You shall have all the rights as mentioned under applicable laws and the rights to obtain Information from Us as enumerated under applicable laws.

2. We will provide You with the means to ensure that Your Information is correct and current. If You have filled out a user profile, We will provide a way for You to access, review and change Your profile / account Information on Our Portal with reasonable restrictions. We are not responsible for the authenticity of the Information provided by You and it is Your sole responsibility to provide accurate and correct Information to Us.

X. MISCELLANEOUS

1. Any violation by You of the terms of this Policy may result in immediate suspension or termination of Your account(s) apart from any legal remedy that the Cargoes Community can avail. In such instances, Cargoes Community may also disclose Your account Information if required by any Governmental or legal authority. You understand that the violation of this Policy could also result in civil or criminal liability under applicable laws.

2. Cargoes Community has the right to change modify, suspend, or discontinue and / or eliminate any aspects, features or functionality of the Portal, as it deems fit, at any time without prior notice.

3. Further, Cargoes Community has the right to amend this Policy from time to time without prior notice. Cargoes Community makes no commitment, express or implied, to maintain or continue any aspect of the Portal. You agree that Cargoes Community shall not be liable to You or any third party for any modification, suspension or discontinuance of the Portal.

4. Business Transfers: As We continue to develop Our business, We might sell or buy other businesses or services. In such transactions, customer Information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Our or any of Our affiliates, or substantially all of Our assets are acquired, customer Information will of course be one of the transferred assets.

5. Notice: All notices served by Cargoes Community shall be provided via email to Your account or as a general notification on the Portal. Any notice to be provided to Cargoes Community should be sent to in-grievance@community.cargoes.com .

6. Entire Agreement: The Terms, along with the Policy, and any other guidelines made applicable to the Portal from time to time, constitute the entire agreement between the Cargoes Community and You with respect to Your access to or use of the Portal and the services thereof.

7. Assignment: You cannot assign or otherwise transfer Your obligations under the Policy, or any right granted hereunder to any third party. Cargoes Community’s rights under the Policy are freely transferable by Cargoes Community to any third parties without the requirement of seeking Your consent.

8. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision, and the remainder of this Policy shall continue in full force and effect.

9. Waiver: Any failure by Cargoes Community to enforce or exercise any provision of the Policy, or any related right, shall not constitute a waiver by Cargoes Community of that provision or right.

10. Relationship: You acknowledge that Your participation on the Portal, does not make You an employee or agency or partnership or joint venture or franchise of the Portal.

11. Cargoes Community provides this Policy so that You are aware of the terms that apply to Your use of the Portal. You acknowledge that, Cargoes Community has given You a reasonable opportunity to review these terms of the Policy and that You have agreed to them.

12. If you have any concerns regarding our Policy you may also reach out to appropriate authorities under law.

13. Any claims arising out of the use of the information from this Website shall be governed by the laws of India and only the courts in [Mumbai], shall have the exclusive jurisdiction over the same. By accessing this Portal, the User accepts this Policy