The Company has developed and solely owns a mobile software application called "mTrakr" ("App" or "Application"). The Company makes the App available for download and use on mobile phones to a "User" (any natural or legal person who has agreed to become a user of the application by installing the Application, hereinafter also referred as "You"). Downloading and installing the App shall be deemed to constitute sufficient proof that "User" has read, understood and accepted this Policy.
1. INFORMATION OVERVIEW
We commit to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.
Your "Personal Information" includes, but is not limited to, your name, email address, telephone number, location, device ID and other information obtained from SMS (Partial payment card data only to the extent such card data is disclosed in your SMS, information related to the transaction in question including identity of the service or product, price or fee paid or payable in respect thereof and other information in the SMS) which you may share.
The App may also use Your mobile device's ID (the unique identification number assigned to a mobile device by the manufacturer). The App does this to store your preferences and provide you an identical experience across devices. You understand and agree that the App has every right to share such ID with third parties for its promotions, analysis etc.
In case you participate in any other schemes, facilities, services provided by the App, you may be required to provide additional information. Such information will also remain in the Company's database and will be considered as your Personal Information and will be treated as confidential.
You are therefore advised to re-read the Terms of Service on a regular basis. Should it be that you do not accept any of the modifications or amendments to the Terms, you may terminate your use of this App immediately.
3. PURPOSE OF COLLECTION AND USE OF PERSONAL INFORMATION
Company may collect, store, access and use Personal Information solely to the extent required for the Company to enable Users to utilize the features of the App and to provide better experience to Users.
If you intend to use the App and/or share your data with the Company, it is solely at your own volition and risk and after reading and confirming it to this Policy. The Company does not compel Users to disclose Personal Information.
4. PROTECTION OF INFORMATION AND STORAGE
We treat data as an asset that must be protected against loss and unauthorized access. The Company takes all reasonable precautions by way of using current industry standard encryption technologies to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
You further acknowledge that the App may contain information which is designated confidential by Us and that you shall not disclose such information without our prior written consent.
Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
6. OUR DISCLOSURE OF YOUR INFORMATION
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party.
6.1 Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
7. CONTROL OF YOUR PASSWORD
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
14. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.
14.1. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.
14.2. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members - one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at New Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at New Delhi.