Privacy Policy

The web application and mobile application “HyperPort” (collectively referred to as “Platform”) is owned and operated by HyperPort Managing By HYPER PORT SMART TRANSPIQUE PRIVATE LIMITED (“we”, “us”, “our” and terms of similar meaning), a private limited company incorporated under the Companies Act, 2013 and having its registered office at No.734, 2nd, Floor, 14th Main Rd, near Airtel Mini Office, 1st Stage, Kumaraswamy Layout, Bengaluru, Karnataka 560078.

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Introduction

• This Privacy Policy applies to personal data of the following persons (jointly referred as “you”):
• This Privacy Policy applies to personal data of the following persons (jointly referred as “you”): 
• Users: individuals who:
• use, request or receive Services provided on our Platform; 
• contact us through our website, Platform or by telephone;
• enter into our contests or competitions; or
• subscribe to our updates or blog; 
• Agents: representatives of businesses who:
• use, request or receive our Services;
• contact us through our website, Platform or by telephone;
• enter into our contests or competitions; or  
• subscribe to our updates or blog; and 
• Drivers: individuals who provide or submit applications to us to provide Services through our Platform individually or through partner companies.

• Your use (both as unregistered user and registered user) of the Platform is subject to the terms of this privacy policy (“Privacy Policy”) and Our Terms and Conditions. 
• By using the Platform, and/or by registering with us, you signify that you have carefully read, understood and agree to be bound by this Privacy Policy. If you disagree with any of the terms of or any part of this Privacy Policy, you must refrain from using the Platform. 
• This Privacy Policy may be altered, edited, amended, modified, reviewed, revised or substituted by us at any time with or without prior notice and users are requested to read the Privacy Policy before using or accessing the Platform. Please check this page regularly to ensure you are familiar with the latest version of the Privacy Policy. 
• This Privacy Policy explains how we collect, hold, process, transfer and use the Personal Data provided to us when using our Platform. We only collect Personal Data from minors with the prior consent from a person with parental responsibility for the minor. 
• Our Platform connects users of our applications to drivers, including individuals using other modes of transportation, and helps facilitate and manage such drivers to provide on-demand delivery services and purchasing services (“Services”). 
• This Privacy Policy forms an integral part of Our Terms and Conditions. 

COLLECTION OF INFORMATION 

We may collect the following information:

• Name and job title.
• Contact information including email address.
• Demographic information such as postcode, address, mobile number, login name, preferences and interests.

Use Our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information, invoices, etc.

• Other information relevant to customer surveys and/or offers.
• App install, uninstall and other installed apps information.

We request Background location permission, Notification, Screen overlay, On all the time map location permission from driver users on devices to facilitate our HyperPort delivery service effectively. This permission enables us to offer nearby trip orders and provides users with the ability to track their consignments for safety purposes. Rest assured, this data is utilized solely for service functionality and ensuring the security of user shipments.

If you sign up to use our Services as a Driver Partner, we may collect location details, profile picture, copies of government identification documents and other details (KYC), vehicle related documents such as insurance, pollution certificate, bank account details, utility bills, registration certificate, driving license, etc. and such other documents which evidence the health or fitness of the vehicle to provide Services on the HYPER PORT Apps, call and SMS details which may be shared with our customer while providing the Services.

We collect background check and identity verification information of the Driver Partner. This may include information such as driver history or criminal record (where permitted by law), and right to work. This information may be collected by an authorized vendor on the Company’s behalf.

In case you sign up as a Driver Partner, enable features that require Porter’s access to other applications on Your device aiming to prevent frauds towards the customers. In case if the Driver Partner wishes to participate in the referral program, the contact list stored in the phone will be accessed by us post the Driver Partner consents to share such selected mobile number. We do not intend to share such selected mobile numbers with any third party.

You may request when you would like to review the information you have provided and HYPER PORT shall ensure that any personal information or sensitive personal data or information found to be inaccurate or deficient shall be corrected or amended as feasible.

HYPER PORT shall not retain sensitive personal data or information for longer than is required for the purposes for which the information may lawfully be used.

WHAT WE DO WITH THE USER INFORMATION WE GATHER

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

We may use the information to improve our Services. We may use this information to:

• Allow you to use Services on the Hyper Port Apps and to carry out our obligations arising from any contracts between you and us
• Allow you to undertake or initiate any transactions on the HYPER PORT Apps
• To inform your usage of the Hyper Port Apps and to manage your account with HYPER PORT Apps
• To process the payments with respect to the transactions which you may avail on the  hyper port Apps and to perform ancillary Services
• To respond to your comments. reviews and questions, in order to provide customer support and better Services
• To communicate important notices and changes to the Services provided on the Hyper Port Apps
• To track the order status, processing, and delivery of Services as per your applicability

For any other purposes with your consent.

We may periodically send promotional emails, SMSs and make voice calls about new products, special offers or other information which we think you may find interesting using the email address and mobile number which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, SMS, voice, fax or mail. We may use the information to customize the website according to your interests.

You may specifically opt-out of the above in accordance with the Telecom Commercial Communications Customer Preference Regulations, 2018 or otherwise specified. In case you wish to opt out of the same, please contact us at 080-690-30222

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures in accordance with the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“IT RSP Rules”) to safeguard and secure the information we collect online. We do not retain any information collected from you for any longer than is reasonably required by us for the purpose of our Services or such period as may be required by applicable laws in India. You are required to keep your information and all the other data you obtain on the HYPER PORT Apps strictly confidential.

Security and Sharing of Personal Data

• Your Personal Data will be stored on servers located within India.
• Our Services require that we share your Personal Data with other users. This includes:
• sharing Users’ or Agents’ full name, telephone number, Personal Data contained in free text box voluntarily entered by a User, and pick up or drop off locations with Drivers after a delivery has been initiated for the purposes of completing a delivery; and
• sharing the Driver’s name, telephone number, driver profile information, vehicle information, vehicle picture and geolocation with Users or Agents after a delivery has been initiated for the purposes of completing a delivery; 
• We may also share your Personal Data with our employees, officers, third party suppliers, business partners, data processors, auditors, legal advisors etc., for the purpose of fulfilling Services to you. 
• We may disclose your Personal Data if required to do so by law or when we believe that such disclosure is appropriate to comply with law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose Personal Data to law enforcement offices, third party rights owners, or others in good faith belief that such disclosure is reasonably necessary to enforce Our Terms and Conditions or Privacy Policy; or protect the rights, property or personal safety of our users or the general public. 
• We may need to disclose your information, to
• protect and defend the rights or property of Ours, including to enforce our agreements, policies, and Terms and Conditions and;
• protect the personal safety of you, we, our members and employees, or any person, in an emergency; and
• protect us from incurring any legal liability. In such an event, we shall be under no obligation to specifically inform you or seek your approval or consent. 
• Any content or Personal Data that you share or upload on any current or future publicly viewable portion of the Platform (on discussion boards, in messages and chat areas, etc.) will be publicly available, and can be viewed by others.
• If you provide a mobile phone number and/or e-mail address, we, or other parties registered on the Platform may call you or send you communications in relation to your use of the Platform or your any transaction initiated by you on the Platform.
• By accessing the Platform you signify that you have carefully read, understood and agree to be bound by and consent to the collection, use, transfer, retention, alteration, deletion of your information as provided in this Privacy Policy and/or the Terms and Conditions.
• While you have the option to refuse consent, you understand that we cannot provide the service to you unless you consent to this Privacy Policy and/or Terms and Conditions. You may withdraw consent given earlier through notice in writing provided that we would not be able to provide the service to you. Further, in case of such withdrawal, we will delete such personal information unless we are under an obligation under applicable law to retain the same.
• We will ensure third parties are under obligations of confidentiality and compliant with this Privacy Policy before we share your Personal Data with any third parties. Some persons to whom we transfer your Personal Data may be located outside India, in locations that may not have in place data protection laws that are substantially similar to India.
• Once we receive your Personal Data, we will use all reasonably practicable steps to ensure that your Personal Data is stored securely and protected by us and our data processors against unauthorized or accidental access, processing, erasure, loss or use. 
• Your Personal Data will be kept confidential and secure except for the purposes and uses as set out in this Privacy Policy and will only be disclosed on a “need-to-know” basis. 
• If we outsource and entrust your Personal Data with data processors, we will use contractual and other means to monitor the data processors’ compliance with this Privacy Policy. 
• Our security measures may include SSL certificate signing, TLS encryption and hashed password storage 
• You are responsible for keeping your Platform password confidential. We advise you that you must not share your Platform password with anyone. We do not assume any legal duty due to the leak of the password.
• The transmission of information through the internet is not completely secure. Although we adopt security measures to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Platform and any transmission is at your own risk.

Retention of personal data

• We will keep your Personal Data for as long as your account registered with Our Platform is being accessed. 
• If your account registered with our Platform has not been accessed over a period of three years or we have closed your account upon your request (“End Date”), your Personal Data will be retained by us for seven years after the End Date. We may retain your Personal Data for a longer period if it is necessary for us to do so to comply with our contractual or legal obligations, and you consented to our continued retention of it. 
• At the end of the retention period, we will ensure that your Personal Data, all Platform related data and account-related information will be deleted. For any physical documents containing your Personal Data, the documents will be shredded or otherwise destroyed by means ensuring the confidential and secure destruction of the documents.
• We will ensure that our data processors retain your Personal Data only for as long as is necessary for the fulfillment of the purposes stated in this Privacy Policy. Our data processors will delete Personal Data held if Personal Data is no longer required for the purposes stated in this Privacy Policy unless any deletion is prohibited under law or it is in the public interest for the Personal Data to not be deleted. 

Personal data access requests

• You are entitled to request a copy of your personal data held by us under applicable law, unless we are exempted under applicable law from complying with a data access request. You are also entitled to have your data transferred to any other organization in a machine-readable format. For such requests, please contact the Data Protection Officer through means specified in paragraph 13 of this Privacy Policy
• We will establish tracking procedures to monitor the progress of compliance with data access requests.

Unless exempted from doing so, we will provide a copy of the requested data within 40 days after receiving a data access request. If we are unable to provide the copy of the requested data within 40 days, then we will: 

• Notify you before the expiry of the 40 day period; and 
• Provide the copy of the requested data as soon as practicable thereafter. 

We may charge a fee for the direct and necessary costs incurred in complying with the data access request. This may include a time-spent charge for compliance (though the persons used will be appropriate for the corresponding task). Photocopying may be charged at INR2 per page. We will specify the fees to you as soon as practicable. 

• Your Personal Data collected by us will not be sold, exchanged, shared, transferred or given to a third party for their direct marketing without your prior consent. 
• In responding to your data access request, we will not disclose any Personal Data identifying any other individual unless that other individual consents or we can redact the document by omitting the names or other identifying particulars so that we do not disclose the identities of others.

We must refuse to comply with a data access request for any reason including the following reasons.                

• We are not supplied with information to be satisfied as to the identity of the person making the request or his authority; 
• We cannot comply with the request without disclosing the Personal Data of a third party; 
• Where compliance with the request is for the time being prohibited by applicable law; 
• The request is not in writing in English; 
• We are not supplied with information to enable us to locate the requested personal data; 
• The request follows two or more similar requests, and it is unreasonable for us to comply with the request in the circumstances; 
• Another party controls the use of the requested data in a way that prohibits us from complying with the request (in which case we        must inform the applicant of the name and address of the other party); and 
• We are permitted by law to refuse the request, or may rely on an exemption from doing so.

If we refuse to comply with a data access request, we will give you written notice and provide reasons for refusal within 40 days from receiving the request. 

• We will keep a record of the particulars of the reasons for refusal of a data access request for at least four years from the date of refusal. 
• Personal data correction requests 
• You may request us to make necessary corrections in respect of any Personal Data that you consider inaccurate, after we have fulfilled a data access request from you. 
• We will correct any inaccurate Personal Data notified in a data correction request without charge and within 40 days of receiving the request. 
• We may refuse to correct the Personal Data if we believe the Personal Data is accurate or an expression of opinion or the proposed correction is inaccurate. We will inform you in writing of the refusal and the reasons for it.
• We will keep a record of the particulars of the reasons for refusal of a data correction request for at least four years from the date of refusal. 

Applicable Laws

You agree that this Privacy Policy and any security measures that we may take to secure Personal Information (as defined under the Information Technology Act and the rules made thereunder) or Sensitive Personal Data or Information (as defined under the Information Technology Act and the rules made thereunder) on the Platform constitutes reasonable security practices and procedures under section 43A of the Information Technology Act, 2000..

Miscellaneous

External Links. While accessing the Platform you will come across external links to other websites. Although the Platform only looks to include quality, safe and relevant external links, you are required to exercise caution before clicking any external web links provided on the Platform. We disclaim all liability against any loss suffered by you from accessing those external links. Your use of such external links would be governed by the Terms and Conditions and the privacy policy of such external websites.

Anti-Money Laundering Policy. In order to comply with anti-money laundering laws that exist in various jurisdictions we reserve the right to report suspicious transactions to federal, state, provincial or local authorities and law enforcement agencies within those jurisdictions. In exchange for us permitting you to participate in, use and access the Platform and Services you hereby grant us the right to report any transactions that we deem suspicious, as determined solely by us acting in its sole discretion. If for any reason we are of the belief or become aware of any transaction which we deem suspicious in nature, we may without prior notice or explanation to you take the following actions, which are in addition to all other rights and remedies available to us under this Privacy Policy, at law or in equity:

• Report such transaction to the concerned law enforcement agencies;
• De-activate or terminate your account on the Platform forthwith;
• Restrict you from creating a new account on the Platform.

Suspicious transactions. If we have reasonable apprehension that you may be misusing our Services for any unlawful activities such as financing terrorism, or other criminal activities, you hereby grant us the right to report any transactions which we deem suspicious, as determined solely by us acting in its sole discretion.

Data Protection Officer

All comments, queries, data access requests or data correction requests relating to our use of your personal data are welcome and should be addressed to: Data Protection Officer (DPO), [Sourabh Chatterjee, support@hyperport.in ]. Your personal information is collected and retained by [HyperPort No. 734, 2nd Floor, 14th Main Rd, Near Airtel Mini Office, 1st Stage, Kumaraswamy layout, Bengaluru, Karnataka 560078]. You can also contact the DPO for any complaints regarding contravention of any provisions of the data laws. Such complaints will be resolved within 30 business days upon the receipt of the complaint.

THE PRIVACY POLICY IS AN ‘ELECTRONIC RECORD’ AS CONTEMPLATED UNDER SECTION 2(T) OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES THEREUNDER. THE PRIVACY POLICY BEING AN ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DO NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.