Privacy Policy !

Purpose

This privacy policy describes the personal data (defined below) that Phoenix Robotix Private Limited and its affiliates (referred to as “Phoenix”, “Phoenix Robotix”, “Datoms”, “we”, “us” and/or “our” in this document) collect about you when you use our websites, web applications, mobile (Android or iOS) applications and/or services (collectively, the “Service(s)”), how we use and protect this personal data, and the choices you can make about how we may use your personal data. It also governs the manner in which we maintain and disclose information collected from you, the “Users” (each, a “User”) of the Services. When you use our Services, youʼre trusting us with your information. Your privacy and the security of your personal data
matter to us, so please get to know our privacy practices and contact us should you have any questions about the same.

This Agreement is effective when you click to accept it (the “Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.

When this policy applies

This Privacy Policy applies to our website & any applications, software, products and services offered by Phoenix Robotix Private Ltd. & its affiliates, e.g. Datoms website, Datoms Web App, Datoms Mobile applications etc. DATOMS is a brand owned and operated by Phoenix Robotix Private Ltd.

This Privacy Policy does not apply to:

Services that have their separate privacy policies & do not incorporate this Privacy Policy.
The information practices of other companies and organizations that promote or advertise our services.
Services offered by other companies or individuals, including products or sites they offer that may include our services to which the policy applies.
Services offered by our partner companies that we may promote, or may be integrated with our
services & the user may opt to use them.

What information do we collect?

We may collect information about you from different sources and in various ways when you use our Services, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data. This information may include both personal & nonpersonal data.

Users may, however, visit our Site anonymously. Users can always refuse to supply personal information & block cookies etc., except that it may prevent them from engaging in certain Site related activities or using our application. We will collect Personal Identifiable Information (PII) from Users only if they voluntarily submit such information to us (either directly or via our partners).

Information users provide directly to us

Registration information We collect information such as your name and contact data, including email address & mobile number, credentials such as your password, address, and your company name & designation, during account creation. Users may also provide this information on the website
or application while asking for a query, or on a 3rd party site (created by our partners/service providers on behalf of Datoms) while registering for a Datoms event/webinar etc.
Demographic information In some cases, we request that you provide age, gender, and similar demographic details.
Machine information We may collect information about your machines or vehicles onboarded to our platform, including their Make, Model, Registration Number, Age (Number of years in operation since commissioning), Vehicle Identification Number (VIN), Location etc.
Site and installation information If you request or receive on-site support, training, installation or related services, we may collect information including, but not limited to, where (e.g, location) and when (e.g., date, time) you requested our services, the details of the service that is required or provided, and contact details of the on-site assisting person(s).
Feedback and ratings We collect any feedback or ratings you provide, including through written communications and via surveys.

Information we collect automatically

When you use our Services, we collect some information automatically. For example:

Transaction information, Subscription and licensing data If you have a paid Account or subscription with us, or make a purchase using our Service, we automatically collect certain information about your transactions on the Service, such as your full name, address, date, time, and
amount charged.
Usage information and interactions If you’re accessing or using our Service, we may automatically collect information about how you use and how your device interacts with the Service, such as the pages you view, the referring site, your IP address and information about your device, session information, the date and time of each request, device type and ID, operation system and application version, and telemetry data (i.e., information about how a specific feature or service is performing) regarding your use of other features and functionality of the Service. As further described below, we automatically collect usage information and interaction data using cookies (which may use a cookie ID), depending on your settings or preferences, in connection with our Service.
Geolocation information In connection with certain features and depending on the functionality of the Service, we collect geolocation information such as through IP addresses or the location information you choose to provide in your device.
Machine runtime data If you use our Services, we may also collect information (some of which may be personal information about you) including, but not limited to:
- - the number of trips and distances that you have driven / the machine has run;
  - the location of your machine, including historical locations;
  - machine diagnostic information, such as tyre pressure, amount of fuel in the tank and engine diagnostics etc.;
  - fuel consumption & refuelling details;
  - machine maintenance, compliance violation & breakdown information;

Information we create or generate

We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we infer your general geographic location (such as city, state, and country) based on your IP address. Or, we may derive your driving behaviour and efficiency ratings from your vehicle diagnostics data if you use our Services for
your vehicle monitoring.

Information we collect from third parties

Other companies with whom you choose to engage We may collect personal data about you from third parties. For example, this may happen if you sign up for a demo or to receive information about us from one of our vendors, partners, or affiliates. We do not purchase personal data from third-party data brokers.
Service Providers We may also receive information from processors or service providers who process the data on our behalf, such as our payment processor who process payment and billing information in connection with our Service.
Co-branding/marketing partners We may receive information from partners with which we offer cobranded services or engage in joint marketing activities.
Publicly available sources We may also obtain information from publicly available sources.

In addition to the types of information mentioned above, we may collect personal information as otherwise permitted or required by law.

How we use your information

We may use your information to provide, administer, analyze, manage, operate, personalize and improve our Services. For example, we use your information including, but not limited to, the following purposes:

Provide our products and deliver our services including troubleshooting, improving, and personalizing the features of the Service.
Business operations such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations (for any regulatory, auditing, investigative, disciplinary and other ethics and compliance reporting requirements).
Improve and develop our products and services including developing new services or features, and conduct research.
Personalization of our Service by understanding you and your preferences to enhance your experience and enjoyment using our Service.
Provide customer support, on-site installation and respond to your questions.
Deliver promotional communications with you about new services, features, offers, promotions, events, webinars and other information about our Service.
Send you information, including confirmations, invoices, technical notices, updates, alerts, support and administrative messages.
To enable our service partners to provide us with the necessary services.
To contact you directly or through our service providers and research agencies, to obtain your feedback and find out your level of satisfaction with our Services and our authorized dealers.
To undertake mergers, acquisitions, reorganizations, or disposals, as permitted/required by local law

How do we share the information we collect

We share personal data as described below, including with your consent or as necessary to complete your transactions or provide the services you have requested or authorized. In addition, we may share each of the categories of your personal data described above with the types of third parties described below for the following business purposes:

Employees and independent contractors

Our employees and independent contractors have access to the information covered above on a need-to know basis. We require all employees and independent contractors to respect customer privacy & not to share personal information anywhere outside the required scope.

Dealer & Partner Network

We may share your personal information, machine information or machine runtime data with our dealer & partner network for the purpose of providing machine maintenance services or promotional communications with you about new services, features, offers, promotions, events, webinars etc.

Insurance Service Providers

We may share your personal information, machine information or machine runtime data with the insurance service providers (including 3rd party providers) if you chose to avail of any tailored insurance policy provided through our platform.

Financing Partners

We may share your personal information, machine information or machine runtime data with our financing
partners if you chose to avail of any financing services through us

Sponsors of our events

We may share your personal data with the sponsors for our events/webinars etc. if you register for the same.

Service providers

We share your personal data with service providers who process the information on our behalf to provide or improve our Service. For example, our service providers may perform payment processing, customer support ticketing, network data transmission, web analytics, marketing operations, security, online advertising, and other similar services.

Affiliates

We enable access to personal data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems, when affiliates provide services on our behalf, or where access is needed to operate and provide the Service.

For security purposes

We will disclose personal data if we believe it is necessary to:

protect our customers and others, for example, to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone;
operate and maintain the security of the Service, including preventing or stopping an attack on our systems or networks; or
protect the rights or property of ourselves or others, including enforcing our agreements, terms, and policies.

For legal disclosure

We may disclose personal data or other information we collect about you to law enforcement or other governmental agencies if required in response to a valid legal process, including but not limited to, compliance, regulatory, auditing, investigative and disciplinary purposes and other ethics and compliance reporting requirements

Change in control or sale

We may share your personal data if we are involved in a merger, sale, reorganization, disposal, or acquisition of corporate entities or business units in accordance with local laws.

Your choices regarding our processing of your personal data

Opt out of non-essential electronic communications You may opt out of receiving newsletters and other non-essential messages by using the ‘unsubscribeʼ function included in all such messages. However, you will continue to receive essential notices and emails such as account notification emails (password change, renewal reminders, etc.), security incident alerts, security and privacy update notifications, essential transactional and payment-related emails, and machine monitoring alerts.
Disable cookies You may disable browser cookies before visiting our websites. However, if you do so, you may not be able to use certain features of the websites properly. However, all essential cookies are mandatory if you want to use our web application.
Optional information You can choose not to provide any optional information such as your photo/designation etc. You can also delete or change your optional profile information. You can always choose not to fill in non-mandatory fields when you submit any form linked to our websites.

Our use of cookies and tracking technologies

Cookies are small files that a website can store on your computer’s hard drive for record-keeping or other administrative purposes. We use cookies and similar technologies, such as web beacons, local storage, mobile analytics etc. to operate and provide our Services.
We use essential cookies that are required to provide you with basic functions while using our Services. These functions include user session validation, for example. By continuing to use our Services, you accept the use of all essential cookies.
Some of these cookies and technologies may be provided by third parties, including our service providers. We allow third parties to use analytics cookies to understand how you use our Services so we can make them better.
If you are concerned about the use of cookies, you can choose to enable a feature in your browser software that will erase cookies, block all cookies, or warn the user before cookies are stored or exchanged.
Mobile identifiers for analytics can be accessed and used by apps on mobile devices in much the same way that websites access and use cookies. We use this data to understand the user behavior & app interaction, crash logs etc. that help us improvise the product.

Retention of personal data

We retain personal data for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations. For example, we may retain your personal data for longer periods, where necessary, subject to applicable law, for security purposes.

When we no longer have a legitimate need to process your information (e.g. after you delete your account), we will delete or anonymize your information from our active databases. We will also securely store the information and isolate it from further processing on backup discs until deletion is possible.

How we secure your information

We take reasonable measures necessary to protect your personal data from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of your personal data. We have put in place contractual, technical and organizational measures to protect personal data against unauthorized access, use and disclosure. These measures have been carried out taking into account the state of the art, their implementation costs and the risks associated with the processing and nature of the personal data. When we disclose your personal information to third parties, including service providers, we require these companies to protect the personal information they receive.

To help us protect personal data, we request that you use a strong password for your Datoms account and never share your password with anyone or use the same password with other sites or accounts.

While we have tried to make our products and services safe and reliable, the confidentiality of any communication or material sent to or from us cannot be guaranteed. We, therefore, advise you to be careful when passing on personal data via the Internet. As with the disclosure of information on the Internet, please be aware that such information may be available to the public and, as a result, may be collected and used by others without your consent. You also acknowledge that your use of the Internet and all other means of communication with us is solely at your own risk.

Cross-border data transfers

To facilitate our global operations, and in accordance with applicable laws, we may store and process your personal data in your country, in India, or in any other country where we or our affiliates, subsidiaries, or service providers operate their facilities (including the USA). This may be to a country other than the one in which the data was provided or collected. When we transfer your personal data, we do so in compliance with applicable data protection laws. We take steps to protect personal data in whatever country it is stored in, transferred, processed to or accessed from.

3rd Party Websites & Links

Users may find advertising or other content in our Services that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Services. This Privacy Policy does not apply to those links.
In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites that have a link to our Site, is subject to that website’s own terms and policies. We do not endorse and are not responsible for the operation or content of these websites. Please consult the privacy policy for each website you visit.

Our Policy Towards Minors

Our Products and Services are not directed to minors under the age of 16 and we do not knowingly collect, sell or share personal information from minors as defined by the CPRA. If we learn that we have collected personal information from a minor under the age of 16, we will take steps to remove this information from our files as quickly as possible.

European Union Data Compliance - GDPR Rights

If you are an individual located in the European Union or any jurisdiction in which the General Data Protection Regulation (“GDPR”) (or a law or regulation implementing the General Data Protection Regulation 2016/679) (“EU Data Subject”), you have the following rights in relation to your Personal Data, depending on the applicable law:

Right to access If you ask us, we will confirm whether we are processing your Personal Data and if so, provide you with a copy of that Personal Data (along with certain other details) that have been collected.
Right to rectify If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it.
Right to erasure You may ask us to delete or remove your Personal Data. But you won’t be able to use Datoms application post this operation unless you create another account in our application.
Right to restrict processing You may ask us to restrict or block the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to Datoms processing it.
Right to data portability You may obtain the Personal Data we process about you in a structured,
commonly used and machine-readable format, and reuse it elsewhere
Right to object You may ask us at any time to stop processing your Personal Data, and we will do so if we are:
- - relying on legitimate interests to process your Personal Data and we cannot otherwise
    demonstrate compelling legal grounds for the processing;
  - or, processing your Personal Data for direct marketing.
Right to withdraw consent If we rely on your consent as our legal basis for processing your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent and will be applied in a timely fashion upon receiving a request to do so.
Right to lodge a complaint with the data protection authority. If you have a concern about any aspect of our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns. But we encourage you to first contact us with any questions or concerns.

You may exercise your rights by using the contact information at the bottom of this statement.

When we are processing data on behalf of another party (i.e., where Datoms is acting as a data processor) you should direct your request to that party.

Updates to our Privacy Policy

We may modify, alter, or update our privacy policy at any time for a variety of reasons, including but not limited to, to comply with new laws and regulations, to cover new features and functionality, and to increase transparency. So we encourage you to review our privacy policy frequently to stay informed about how we are helping to protect the personal information we collect.
You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of any modifications.
When we make updates to our privacy policy, we will post a notification on the main page of our Site & application, revise the updated date at the bottom of this page and optionally, may send you an email.
If you feel that we are not abiding by this privacy policy, you should contact us immediately.

Your Acceptance of these Terms

By using any of the Services provided by us, you consent to your acceptance of this policy. If you do not agree to this policy, please do not use our Services. Your continued use of our Services following the posting of any changes to this policy will be deemed your acceptance of those changes.

Dispute resolution process

In the unlikely event that a dispute arises between you and Phoenix Robotix regarding our handling of your personal data, please contact us by using the contact information at the bottom of this statement. We will respond promptly and do our best to resolve the dispute. Additionally, you may have the right to file a complaint with your local data protection or privacy agency or supervisory authority.

Contacting Us

If you have any questions regarding this privacy policy or our privacy practices, please email us at
legal@datoms.io.

Our Privacy Policy was last updated on 23rd July 2023.