Privacy Policy

This Privacy Policy is of paramount importance to MKS DIGITECH LLP (“O'Driver”). O'Driver has developed this “Privacy Policy” which covers how O'Driver collects, uses, discloses, and stores the User’s Personal Information (as defined below) in connection with O'Driver (the “Platform”).

This Privacy Policy (as amended, modified, or restated from time to time) read with Third Party Privacy Policies shall be applicable to the User and constitute a binding arrangement between O'Driver and the User. If O'Driver makes significant changes in the way the User’s information is treated, or to the Privacy Policy, O'Driver will provide notice through the Platform, or by some other means, such as email. User’s continued use of O'Driver’s Services after such notice constitutes User’s consent to the changes. O'Driver encourages the User to periodically review the Privacy Policy for latest information on its privacy practices.

For the purpose of this Privacy Policy, all capitalised terms not defined shall have the meaning so assigned to them in the Terms.

1. Eligibility

Use of O'Driver is available only to Persons who can form a legally binding contract under the Indian Contract Act, 1872. If the User is under the age of 18, User cannot use Services on the Platform except with consent and supervision of a parent/legal guardian.

2. Acceptance

  1. By accessing, registering, browsing, uploading, posting, transacting, or otherwise using O'Driver’s Services and/or otherwise providing information on the Platform, User agrees that their Personal Information (as defined below) shall be handled in accordance with this Privacy Policy.
  2. By impliedly or expressly accepting this Privacy Policy, the User also agrees to have read and be bound by and accepts:
    1. all of O'Driver’s policies (including but not limited to Terms as amended from time to time);
    2. any plan limits, product disclaimers or other restrictions presented to User on the Platform; and
    3. any applicable Third Party Privacy Policies.
  3. User acknowledges and agrees to the collection, retention, and use of the information the User discloses to O'Driver in accordance with this Privacy Policy, including but not limited to User’s consent for sharing Personal Information as per this Privacy Policy.
  4. User also acknowledges and agrees that with respect to certain activities, the collection, transfer, storage, and processing of Personal Information may be undertaken by trusted TSPs, partners or affiliates or agents, payment processors, web hosting providers, communication services, and web analytic providers, to help facilitate O'Driver in providing certain functions.
  5. Unless stated otherwise, this Privacy Policy applies to all information that is disclosed by the User on the Platform.

3. Collection and Maintenance of Personal Information

  1. Any data that can be used to identify or contact a User shall be termed as Personal Information. O'Driver collects Personal Information to provide, operate, and improve the Platform and Services, including but not limited to: driver/logistics enablement features such as trip management, assignments, navigation support, and service coordination (as applicable).
  2. Users may browse certain parts of the Platform without disclosing to O'Driver their identity or revealing any Personal Information about themselves. However, Users may not be able to access certain parts or features if they choose not to provide required information.
  3. The Platform may collect information directly provided by the User and information collected automatically while using the Platform. Illustratively, O'Driver may collect the following categories of information:
    • Identity and contact details (name, email, phone number, profile details)
    • Driver/vehicle details (where relevant: licence/ID references, vehicle information) as provided by Users/partners
    • Location data (GPS/location signals) during active trips or when required for service fulfilment, subject to device permissions
    • Trip/assignment data(pickup/drop, timestamps, route metadata, status updates)
    • Device/usage data (IP address, device identifiers, logs, diagnostics)
  4. O'Driver may use Personal Information to communicate with Users (including service notifications, updates, security alerts, and support), and to send announcements about new Services introduced by O'Driver, offers, or other information related to the Platform. User may opt out of non-essential communications as provided herein.
  5. O'Driver may also use Personal Information for internal purposes such as auditing, data analysis and research to improve the Services and to tailor User experience on the Platform.

4. Sensitive Personal Information

  1. “Sensitive Personal Information” refers to Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of financial data (such as credit card/ debit card/ billing/ payment details), genetic data, biometric data for the purpose of uniquely identifying a natural Person, data concerning health or data concerning a natural Person’s caste, tribe, sex life or sexual orientation.
  2. O'Driver does not require/collect/process Sensitive Personal Information unless (a) it is strictly necessary for providing the Services and is collected with explicit consent, or (b) it is required under Applicable Law. If payments are enabled, payment processing may be handled via authorised gateways; O'Driver does not store full card/bank credentials.

5. Manner of dealing with the Personal Information

O'Driver will not sell or rent or publish Personal Information collected. When the User uses the Platform, O'Driver collects and stores Personal Information to record, support and facilitate the use of the Services, track User preferences, provide a customized experience, notify User of any updated information and new activities, keep the User informed about Content available on the Platform, assist the User with customer service or technical support issues, and to prevent fraud and unlawful use. For the aforesaid purposes, O'Driver only collects such Personal Information that it considers relevant to understand Users interests and to operate the Services.

Location Information

Where enabled, O'Driver may collect precise location information (GPS) to provide trip/assignment features, route visibility, safety checks, fraud prevention, and customer support. Location collection occurs only with User permission through device settings and may be limited to active usage (foreground) unless the User explicitly enables background location for specific features.

App Permissions and Platform Signals

Depending on how the User uses the Platform and device settings, the Platform may request certain device permissions. Permissions may include:

  • Location (foreground; background only if explicitly enabled) for trip fulfilment and safety
  • Notifications (trip updates and alerts)
  • Camera/Storage (optional, to upload documents/proof, where enabled)
User can control permissions via device settings. If certain permissions are declined, some features may not function as intended.

6. Confidentiality and Disclosure of User’s Personal Information

  1. O'Driver has adopted reasonable security practices and procedures comprising of managerial, technical, operational, and physical security control measures with a view to ensure confidentiality and prevent unauthorised disclosure of Personal Information.
  2. O'Driver uses the Personal Information only for the purpose for which the same has been furnished. O'Driver does not retain Personal Information after the purpose for which it is furnished, is accomplished unless the same is required to be retained under any law in force or for audit purposes. In such cases also, confidentiality of such information is maintained.
  3. It may be necessary by Applicable Law, legal process, litigation, and/or requests from public and government authorities for O'Driver to disclose User’s Personal Information or User’s “Non-Personal Information”. O'Driver may also disclose information about the User if it determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary. For the purposes of this Privacy Policy, “Non-Personal Information” shall mean the information other than Personal Information.
  4. O'Driver may share Personal Information with its affiliates and authorised agents, representatives, and advisors to help detect and prevent identity theft, fraud, and other potentially illegal acts and to facilitate joint or co-branded services that the User requests where such services are provided by more than one corporate identity. Those entities and affiliates may not market to the User as a result of such sharing unless the User explicitly opts-in.
  5. O'Driver may share Personal Information with subsidiaries, affiliated entities and other trusted businesses that provide services or conduct data processing on behalf of O'Driver or for data centralisation.
  6. In the event of a reorganization, merger, acquisition, or sale, O'Driver may transfer any or all Personal Information to the relevant third party with intimation to User, as required by Applicable Law.
  7. O'Driver may share Personal Information with third parties in order to conduct a basic verification of information provided by the User, where such verification is relevant to providing Services.
  8. O'Driver may disclose the information it collects from Users where O'Driver believes it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any Person, violations of the Terms, or as evidence in litigation in which O'Driver is involved, or protect its operations or Users.
  9. O'Driver may disclose Personal Information if required to do so under Applicable Laws or in good faith belief that such disclosure is reasonably necessary to respond to summons, court orders, or other legal or quasi-legal processes, or to law enforcement offices, third-party rights’ owners, or others to protect rights, property or personal safety of Users or the general public.
  10. O'Driver may disclose Personal Information in an aggregated and/or anonymised form which cannot reasonably be used to identify the User and/or if O'Driver otherwise notifies the User and User consents to the sharing of Personal Information.
  11. Location and trip data may be shared with authorised business partners/customers involved in the trip/assignment strictly for service fulfilment, safety, support, and compliance, and not for unrelated marketing.

7. Protection of Personal Information

  1. O'Driver has taken adequate measures to protect the security of User’s Personal Information and to ensure that User’s choices for its intended use are respected. O'Driver takes precautions and has implemented reasonable physical, technical, and administrative security standards to protect Personal Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  2. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, O'Driver has put in place physical, electronic, and managerial procedures to safeguard and secure the information collected through the Platform.
  3. User’s Personal Information is not shared outside O'Driver without User permission, except under conditions explained under this Privacy Policy. Personal Information is stored in access-controlled systems with limited access on a need-to-know basis.
  4. O'Driver and its service providers/agents are contractually bound to maintain the confidentiality of Personal Information and may not use the information for any unauthorized purpose.
  5. The User acknowledges that despite deployment of secure measures for protection of Personal Information, exchange and transmission of information comes with inherent security risks and O'Driver makes no guarantee with regard to the safety of such transmission of Personal Information.

8. Cookies and Other Technologies

  1. O'Driver uses data collection services such as “Cookies” (where applicable on web) and similar technologies (SDKs, local storage) to help analyse Platform flow, measure effectiveness, and improve user experience. Certain features may be available only through these technologies. Users may decline cookies where the browser permits; however, certain features may not function properly.
  2. Cookies and similar technologies may store a small amount of information on the User’s device to enable seamless use of the Platform. Such technologies do not necessarily contain personally identifiable information by themselves, but may be linked with account information where the User is logged in.

9. Termination of Account and retention of data provided by the User

  1. Personal Information and account master data may be retained to the extent of transactions carried out by the User and to comply with Applicable Law, resolve disputes, enforce agreements, and for audit/security purposes.
  2. Notwithstanding anything contained herein, information submitted by the User shall be retained by O'Driver under the following circumstances:
    1. to the extent as may be required under Applicable Law;
    2. O'Driver may retain User’s Personal Information as may be relevant for any ongoing or prospective legal proceedings.

10. Access and updation of Personal Information

  1. As a registered User, User’s Personal Information may be viewable through the User’s account (where such functionality is available), which may be protected by authentication measures.
  2. User represents and warrants that any and all information, including but not limited to Personal Information, is correct and complete and does not belong to another Person. User undertakes to update any change or variation in Personal Information by using the Platform features (if available) or by sending a request in writing to O'Driver. Once User communicates the request, User agrees to comply with the instructions and information requests as may be provided/communicated by O'Driver.
  3. Updates shall be effective for future transactions/activities and shall not be valid for ongoing transactions where changes cannot practically be applied.

11. Third – Party Sites, Services and Third – Party Privacy Policies

  1. The Platform may contain components of services provided by TSPs and/or may contain links to the programming interface of TSPs. Information, including Personal Information, may be provided by User or collected by such TSPs. This Privacy Policy shall not be applicable to any information exchanged between the User and third parties. User shall be bound by the privacy policies of such third parties, which may be deemed incorporated herein to the extent applicable.
  2. In the event the User accesses and/or uses any third-party services, User is aware that such third-party services shall be governed by the privacy policies of those third parties. O'Driver shall not be responsible for the information practices of such third parties.
  3. O'Driver encourages Users to read Third-Party Privacy Policies carefully and exercise caution while sharing information with third parties. O'Driver shall not be responsible for misuse of any information by third parties.
  4. Third party services linked from the Platform may collect the User’s Personal Information. O'Driver is not responsible for the privacy practices or content of those linked third party services.

12. Consent

  1. By using the Platform and/or by providing information, the User consents to the collection, retention and use of information disclosed on the Platform in accordance with this Privacy Policy.
  2. User acknowledges that for certain activities, collection, transfer, storage, and processing of information may be undertaken by trusted third party vendors/agents such as hosting providers, communication services, analytics providers, and (where applicable) payment processors, to facilitate Platform functionality.
  3. This Privacy Policy is subject to change at any time. Users are advised to review this Privacy Policy periodically.
  4. By visiting or using the Platform, Users agree to be bound by this Privacy Policy. Users are advised not to use or access the Platform if they do not agree with the terms and conditions of this Privacy Policy.
  5. Unless stated otherwise, this Privacy Policy applies to all information that O'Driver has about the User and the User’s account.
  6. If O'Driver decides to change this Privacy Policy, O'Driver will post those changes on this page so that Users are always aware of what information O'Driver collects, how O'Driver uses it, and under what circumstances O'Driver discloses it.

13. Opt – Out

  1. From time to time, O'Driver may communicate with Users via email, SMS, WhatsApp, push notifications, or other channels. O'Driver provides Users the opportunity to exercise an opt-out choice if they do not want to receive non-essential communications (such as marketing messages). Opt-out may be exercised by contacting the Grievance Officer / Support at [email protected]
  2. If Users want to remove their contact information from the Platform or withdraw consents, they may do so by writing to [email protected], subject to legal and operational requirements.

14. Limitation of Liability

  1. O'Driver is not responsible for any breach of security or for any actions of any third parties that receive the User’s Personal Information under lawful grounds as described in this Privacy Policy.
  2. Notwithstanding anything contained in this Privacy Policy or elsewhere, O'Driver shall not be held responsible for any loss, damage, or misuse of the User’s Personal Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. For the purposes of this Privacy Policy, a “Force Majeure Event” shall mean any event beyond the reasonable control of O'Driver.

15. Changes to the Privacy Policy

This Privacy Policy is subject to change, and any changes will be posted on the Website / App so that Users are aware of what information O'Driver collects, how O'Driver uses it, and under what circumstances O'Driver discloses it. All information submitted through the Platform is subject to the terms of this Privacy Policy, as amended. Users’ continued use of the Platform will indicate their agreement to such changes.

16. Grievance Officer

  1. In accordance with Information Technology Act, 2000 and rules made thereunder, Consumer Protection Act 2019 and Consumer Protection (E-Commerce) Rules, 2020, the name, contact details and designation of the Grievance Officer are provided below:
    Name: Suhas Joyous
    Designation: Grievance Officer
    Email: [email protected]
    Contact Number: +91 9428434735
  2. In the event of any complaint or any issue raised by the User, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under applicable laws.
  3. All words and expressions used herein and not defined, but defined in the Information Technology Act, 2000 and/or the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 shall have the meanings respectively assigned to them thereunder.

17. Glossary of Terms

  1. “Applicable Law” shall mean and include all laws, statutes, ordinances, bills, regulations, guidelines, policies, and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law within the territory of India.
  2. “Content” shall include, without limitation, data, text, written posts, comments, software scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data (where applicable), and all other forms of information or data.
  3. “Person” shall mean and be deemed to include any individual, firm, company or other corporate body, government authority, joint venture, association, partnership, or other entity (whether or not having separate legal personality).
  4. “Personal Information” shall mean any information that can be used to identify or contact a User, directly or indirectly, including information provided by the User and information collected automatically through the Platform.
  5. “Services” shall mean the services made available by O'Driver through the Platform to Users from time to time.
  6. “Third Party Privacy Policies” shall mean this Privacy Policy read with policies of TSPs, as applicable.
  7. “TSPs” shall mean third party service providers whose services are used in addition to or in conjunction with the Services of O'Driver.
  8. “User” means any person who uses the Platform. Nothing in this Privacy Policy shall be deemed to confer any third party rights or benefits.

App Store / Platform Transparency (Summary)

The Platform may collect identifiers (e.g., email/phone), usage data, diagnostics, and (where applicable) location or transaction metadata to provide and improve Services. Users may request access, correction, or deletion of Personal Information by contacting the Grievance Officer.