LAST UPDATED: JULY 2023

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This Privacy Notice and its Addendum(s) (“Privacy Notice”) describe how Tootle and Zapp Services Private Limited, its respective subsidiaries, affiliates, associated companies and jointly controlled entities (collectively “Tootle”, “Zapp”, “we”, “us” or “our”) collect, use, process and disclose your Personal Data through the use of Tootle’s mobile applications and websites (respectively “Apps” and “Websites”), as well as products, features and other services globally, operated by Tootle and Zapp (collectively, “Services”).

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Zapp and Zapp Services Pvt. Ltd. has exclusive right of use for the brand “Tootle” and provides services under the company Zapp. 

This Privacy Notice applies to our consumers , agents, vendors, suppliers, partners (such as driver, delivery, vendors, and merchant partners), contractors and service providers (collectively “you”, “your” or “yours”).

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“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information, employment information and financial information.

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We typically collect, use, disclose or otherwise process your Personal Data in accordance with this Privacy Notice with your consent, or in compliance with applicable laws, such as where:

• it is required for us to comply with legal requirements;

• it is required for us to enter into or perform a contract with you; and/or

• for our legitimate interests or the legitimate interests of any other persons, including but not limited to for the purposes set forth in this Privacy Notice.

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I.    COLLECTION OF PERSONAL DATA

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We collect (and may combine) Personal Data about you in the ways listed below:

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You provide your Personal Data to Tootle

 

We collect your Personal Data when you provide it to us. For example, when you:

• complete a user profile or registration forms (such as your name, contact information and other identification information where needed);

• provide information to assess your eligibility to provide services as a Tootle driver partner or delivery partner (such as your driver’s license information, vehicle information and background check results);

• interact with our social media pages (such as your social media account ID, profile photo and any other publicly available data);

• participate in contests or events organized by us (such as the pictures, audio, or videos you may submit, which may include images of yourself);

• verify your identity through various means (such as social media logins, submission of selfie images or independently verified payment card information);

• fill up demographic information in surveys (such as your age, gender, and other information you may volunteer such as your marital status, occupation and income information); and

• agree to take a ride with in-vehicle audio and/or video recording features.

 

When our Services are used

 

Personal Data may be collected through the normal operation or use of our Apps, Websites and Services. Some examples are:

• your location information;

• feedback, and ratings;

• transaction information (such as payment method);

• information about how you interacted with our Apps, Website or Services (such as features used and content viewed);

• device information (such as hardware model and serial number, IP addresses), file and app names and versions, GPS location, IMEI number, and advertising identifiers or any information that may indicate device or app modification);

• telematics data (such as your speed, acceleration and braking data);

  • we work with partners to install telematics devices in rental vehicles for the following purposes:

    • to ensure that vehicles are maintained appropriately and serviced in a timely fashion;

    • to help maintain the safety, security and integrity of our Services;

    • to improve and enhance our Services; and

    • for internal tracking of the vehicle, analysis and administrative purposes.

  • these partners own and share such telematics data with us:

    • our partners are also contractually obliged to safeguard this data.personal data you enter in messages when you use our in-app communication features; and

• personal data you enter in messages when you use our in-app communication features; and

• personal data that may be captured through your interaction with us, our agents, in-vehicle audio and/or video recording during a ride (such as your image or voice or both, and its related metadata).

 

From other sources

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When we collect Personal Data, including but not limited to your name, contact information and other identification information where needed from other sources. Such sources include:

• referral programmes;

• our business partners, such as fleet partners, payment providers, ride-hailing partners, vendors, and transport partners;

• insurance and financial providers;

• publicly available or governmental sources of data;

• when our users add you as an emergency contact;

• when our users add you as a recipient or beneficiary of any use of our Services;

• when you use our in-app chat; and

• marketing services providers or partners.

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Sensitive Personal Data

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Some of the Personal Data that we collect may be sensitive in nature. This may include Personal Data pertaining to your race, national ID information, religious beliefs, background information (including financial and criminal records, where legally permissible), health data, disability, marital status and biometric data, as applicable. We collect sensitive Personal Data only with your consent and/or in strict compliance with applicable laws. In the event that you are required to furnish any documentation or information to us for any Purpose which may contain such sensitive Personal Data (which is not required for that Purpose), you agree to redact such sensitive Personal Data before providing such documentation or information to us.

 

When you provide Personal Data of other individuals to us

 

In some situations, you may provide Personal Data of other individuals (such as your spouse, family members or friends) to us. For example, you may add them as your emergency contact, when you use the in-app chat or when you add them as recipients or beneficiaries of any use of our Services. If you provide us with their Personal Data, you represent and warrant that you have obtained their consent for their Personal Data to be collected, used and disclosed as set out in this Privacy Notice.

 

Personal Data of minors

 

As a parent or legal guardian, please do not allow minors under your care to submit Personal Data to Tootle. In the event that such Personal Data of a minor is disclosed to Tootle, you hereby consent to the processing of the minor’s Personal Data and accept and agree to be bound by this Notice and take responsibility for his or her actions.  

 

 

II.    USE OF PERSONAL DATA

Tootle may use your Personal Data for the following purposes set out in the list below. (“Purposes”). Additionally, if you use Tootle in various capacities (for example, if you use multiple Tootle Services, or if you are both a driver partner/delivery partner and a consumer), we may link your Personal Data collected across your various capacities to facilitate your use of our Services and for the Purposes described below:      

Providing services and features

 

Your Personal Data will be used to provide, personalize, maintain and improve our Apps, Websites and Services. This includes using your Personal Data to:

• engage you to provide you with Services across our various business verticals;

• create, administer and update your account;

• process, manage or verify your eligibility for or application of Services, promotions, rewards and subscriptions with Tootle;

• conduct due diligence checks and risk assessments / analysis;

• verify your identity and age (where necessary);

• validate your ride and process payments;

• offer, obtain, provide, facilitate or maintain insurance or financing solutions;

• track the progress of your trip and detect abnormal trip variations;

• personalize your Apps experience (such as to recommend products and services relevant to you, identify your preferences or otherwise personalize your experience with Tootle);

• make your experience more seamless, such as automatically filling in your registration information (such as your name or phone number) from one Service to another Service or when you participate in our surveys;

• perform internal operations necessary to provide our Services, including troubleshooting software bugs and operational problems, conducting data analysis, testing and research, monitoring and analyzing usage and activity trends;

• protect the security or integrity of the Services and any facilities or equipment used to make the Services available;

• enable communications between our users;

• invite you to participate in our surveys and studies;

• enable our partners to manage and allocate fleet resources; and

• fulfill the services to you as a data processor, where you have provided consent to the data controller (i.e. the organisation you had purchased goods or services from, and for whom Tootle is providing services on behalf of) for such services to be rendered. 

 

 

Safety and security

 

We use your data to ensure the safety and security of our Services and all users. This includes:

• screening driver and delivery partners before enabling their use of our Services;

• identifying unsafe driving behavior such as speeding, harsh braking and acceleration, and providing personalized feedback to driver partners;

• verifying your identity when you log in to Tootle;

• using device, location, profile, usage and other Personal Data to prevent, detect and combat fraud or unsafe activities;

• sharing drivers and passengers of driver partners’ location and details when the emergency button or the “Share My Trip” feature is activated; and

• monitoring compliance with our terms and conditions and policies.

 

 

User support

 

We use Personal Data to resolve user support issues. For example, we may:

• investigate and address concerns;

• monitor and improve our user support responses;

• respond to questions, comments and feedback; and

• inform you about steps taken to resolve user support issues.

 

Research and development and security

 

We may use the Personal Data we collect for testing, research, analysis and product development. This allows us to understand and analyze your needs and preferences, protect your Personal Data, improve and enhance the safety and security of our Services, develop new features, products and services, and facilitate development of insurance and finance solutions.

 

Legal purposes

 

We may use the Personal Data we collect for legal purposes, such as to investigate and resolve claims or disputes, detect/prevent/prosecute crime, or as allowed or required by applicable law.

We may also use your Personal Data when we are required, advised, recommended, expected or requested to do so by our legal advisors or any local or foreign legal, regulatory, governmental or other authority.

 

For example, we may use your Personal Data to:

• comply with court orders or other legal, governmental or regulatory requirements;

• enforce our Terms of Service or other agreements; and

• protect our rights or property in the event of a claim or dispute.

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Marketing and promotions

 

We may use your Personal Data to send you marketing communications relating to customized products or services (that may be of interest or relevance based on your profile), or Tootle’s partners’, sponsors’ and advertisers’ products, services, events or promotions. For example, we may:

• send you special offers that may be of interest or relevance to you across all of Tootle’s service offerings;

• send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and

• notify, invite and manage your participation in our events or activities.

 

We may communicate such marketing to you by various means, where applicable (including by SMS, chat applications (e.g. WhatsApp, Telegram, LINE, Viber, WeChat, Zalo)), push notification, call, and by email).

If you wish to unsubscribe to the receiving of such marketing communications, please click on the unsubscribe link in the relevant email or message. Alternatively, you may also update your preferences in our Apps settings. Please note that while you may opt out of marketing or promotion communications, Tootle may still send you service-related messages (such as information on your transactions, rewards, etc.).

 

 

User Published Content

 

If you publish content (such as a review or comment) on Tootle’s platform, it will be shown publicly along with your personal data (such as profile name, uploaded photo(s)), and other information you choose to include in your content. For more information, see our Review Guidelines.

 

 

III.    DISCLOSURE OF PERSONAL DATA

 

We need to share Personal Data with various parties for the Purposes. These parties include:

Other users

 

For example: 

• If you are a passenger of driver, we may share your username, pick-up and drop-off locations with our driver partner fulfilling your Service request;

• If you are a driver, we may share your Personal Data with your passenger including your name and photo; your vehicle make, model, number plate, location and average rating;

• If you are a delivery driver, we may share your Personal Data with your selected merchant and user, including your name and photo; your vehicle make, model, location and average rating;

• If you are using our Delivery Service, we may share your Personal Data with the recipient of your parcel, and vice versa, as well as the delivery partner in charge of fulfilling your service request; and

• If you use our in-app chat, we may share your mobile number and name with the other parties to your chat.

 

 

With third parties

 

With third parties related to your use of Tootle Services

 

For example:

• If you are a passenger, we may share a vehicle’s location and driver’s and/or your name with third parties when you use the “Share My Trip” feature or activate the Emergency Button.

• If you are a driver, we may disclose your vehicle plate number or other personal data to the insurance company and/or to your passenger for the purpose of submission of insurance claims..

 

With the owner of Tootle accounts that you may use

 

For example, your employer may receive trips, and business balance data (tagged as business rides) when you use your employer’s Tootle for Business account.

 

With subsidiaries and affiliates

 

We share Personal Data with our subsidiaries, associated companies, jointly controlled entities and affiliates. The companies in the Zapp group share resources, such as infrastructure and technology, with each other to provide you with a consistent, relevant and secure experience when you use our Services, and for the Purposes set out in this Privacy Notice.

 

For example, we do this to make your experience more seamless, such as by automatically completing your registration information from your use of one Tootle’s Service when you sign up for a new Tootle Service.

 

With Tootle’s service providers and business partners

 

We may provide Personal Data to our vendors, consultants, marketing partners, research firms, and other service providers or business partners. This includes:

• payment processors and facilitators;

• debt collectors;      

• background check and anti-money laundering service providers;

• cloud storage providers;

• advertising and marketing partners and platform providers;

• data analytics providers;

• research partners, including those performing surveys or research projects in partnership with Tootle or on Tootle’s behalf;

• educational and training institute partners;

• fleet and merchant partners;

• insurance and financing partners;

• third party intermediaries involved in the managed investment of funds, such as brokers, asset managers, and custodians;

• service providers who perform identity verification services; and

• vehicle solutions partners, vendors or third-party vehicle suppliers.

 

For example:

• If you requested a service through a Tootle partner or used a promotion provided by a Tootle partner, Tootle may share your Personal Data with that Tootle partner.

• If you have rented a vehicle from our recommended fleet partners to drive with Tootle, we may share relevant information (e.g. the status of your account, applicable incentives/promotions, your ride statistics) for collaborative efforts (e.g. create new incentives and benefits for you or improving supply of driver partners).

 

With our legal advisors and governmental authorities

 

We may share your Personal Data with our legal advisors, law enforcement officials, government authorities and other third parties. This may take place to fulfill the legal purposes (mentioned above), or any of the following circumstances:

• where it is necessary to respond to an emergency that threatens the life, health or safety of a person; or

• where it is necessary in the public interest (e.g. in a public health crisis, for contact tracing purposes and safeguarding our community).

 

 

Business transfers

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We may share your Personal Data with other parties, in connection with any acquisitions, sales, mergers, joint ventures, consolidation, restructuring, financing or any other type of business transactions. Your Personal Data will however remain subject to our obligations made in any pre-existing Privacy Notice that you have agreed to.

 

 

IV.    RETENTION OF PERSONAL DATA

 

We retain your Personal Data for the period necessary to fulfill the Purposes outlined in this Privacy Notice unless a longer retention period is required or allowed by law. Once your Personal Data is no longer necessary for the Services or Purposes, or we no longer have a legal or business purpose for retaining your Personal Data, we take steps to erase, destroy, anonymise or prevent access or use of such Personal Data for any purpose other than compliance with this Privacy Notice, or for purposes of safety, security, fraud prevention and detection, in accordance with the requirements of applicable laws.

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V.    INTERNATIONAL TRANSFERS OF PERSONAL DATA

 

Your Personal Data may be transferred from the country, state and city (“Home Country”) in which you are present while using our Services to another country, state and city (“Alternate Country”).

 

When we transfer your Personal Data from your Home Country to the Alternate Country, we will comply with our legal and regulatory obligations in relation to your Personal Data, including having a lawful basis for transferring Personal Data and putting appropriate safeguards in place to ensure an adequate level of protection for the Personal Data. We will also ensure that the recipient in Alternate Country is obliged to protect your Personal Data at a standard of protection comparable to the protection under applicable laws.

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Our lawful basis will be either consent (i.e. we may ask for your consent to transfer your Personal Data from your Home Country to the Alternate Country at the time you provide your Personal Data) or one of the safeguards permissible by laws.

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VI.    COOKIES AND ADVERTISING ON THIRD PARTY PLATFORMS

 

Cookies

 

Tootle, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, advertising identifiers and similar technologies (collectively, “Cookies”) in connection with your use of the Websites and Apps, which may be persistent or stored only during an individual session on your browsers or devices.

 

Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may be used for various purposes such as to:

• provide the essential, basic functions of the use of our Websites, Services or Apps;

• authenticate you, or remember your user preferences and settings;

• delivering and measuring the effectiveness of advertising campaigns, such as by measuring number of views or clickthroughs;

• analyze site traffic and trends;

• serve you relevant advertisements across other apps and websites owned by other companies (whether by us or by other advertisers); and

• enhance user interface and experience by generally understanding the online behaviors and interests of users who interact with our Website, Services or Apps.

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Tootle may allow third parties to use Cookies on the Websites and Apps to collect the same type of Personal Data for the same purposes Tootle does for itself. Third parties may be able to associate the Personal Data they collect with other Personal Data they have about you from other sources. We do not necessarily have access to or control over the Cookies they use.

 

Disabling the collection of cookies on our websites 

 

You have the right to choose to disable, block or deactivate cookies. Please note that however refusal or removal of some cookies could affect the availability, functionality or use of our Website, Services or Apps.

 

You may adjust your internet browser settings to disable, block or deactivate cookies, delete your browsing history or clear the cache from your internet browser. The settings may be contained within the “History”, “Preferences”, “Settings” or “Privacy” section of your internet browsers, or you may otherwise consult the help section of your internet browser for more information.

 

Disabling the display of Targeted Ads through our App 

We may facilitate the display of targeted advertising on other platforms, such as on other online platforms that you may be a user of.

You may be able to limit our use of your Personal Data to display targeted advertisements on behalf of our advertisers, by adjusting your preference through the Apps. Depending on the type of phone and operating software that you are using, you may be granted the option to disable our use of mobile identifiers (such as Apple’s IDFA or Google’s GAID) and the ability to track you across apps and websites owned by other companies by adjusting the settings available on your mobile devices. Through adjusting the settings on your device, you can typically reset, delete, limit and/or otherwise restrict the use of such mobile identifiers.

Although we will not use your Personal Data to show you such targeted advertisements on other platforms, you may still see generic ads that appear relevant to you. This may be because we have engaged third party advertisers / platforms to display ads to users of specific attributes or demographic makeups who may find them relevant. You may be able to limit seeing these advertisements through managing your preferences on these platforms.

 

 

VII.    PROTECTION OF PERSONAL DATA

 

We will take reasonable legal, organizational and technical measures to ensure that your Personal Data is protected. This includes measures to prevent Personal Data from getting lost, or used or accessed in an unauthorized way. We limit access to your Personal Data to our employees on a need to know basis. Those processing your Personal Data will only do so in an authorized manner and are required to treat your information with confidentiality.

 

Nevertheless, please understand that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through any online means, therefore, any transmission remains at your own risk.

 

 

VIII.    YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA    

 

In accordance with applicable laws and regulations, you may be entitled to:

• inquire about the processing of your Personal Data and be provided with a copy of it;

• in some cases, request the correction and/or deletion of your Personal Data;

• in some cases, request the restriction of or object to the processing of your Personal Data;

• withdraw your consent to the processing of your Personal Data (where we are processing your Personal Data based on your consent);

• request receipt or transmission to another organization, in a machine-readable form, of the Personal Data that you have provided to us where we are using your Personal Data based on consent or performance of a contract; and

• complain to the relevant data privacy authority if your data privacy rights are violated, or if you have suffered detriment as a result of unlawful processing of your Personal Data.

 

Where you are given the option to share your Personal Data with us, you can always choose not to do so. If we have requested your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

 

However, choosing not to share your Personal Data with us, withdrawing your consent to our use of it or to your agreement with our Privacy Notice could mean that we are unable to perform the actions necessary to achieve the purposes of processing described in Section II (Use of Personal Data) or that you are unable to make use of the Apps or the Services.

After you have chosen to withdraw your consent, we may be able to continue to process your Personal Data to the extent required or otherwise permitted by applicable laws and regulations.

 

We will screen and verify all requests beforehand. In order to verify your identity and/or authority to make the request, we may require you to provide supporting information or documentation to corroborate the request. Once verified, we will give effect to your request within the timelines prescribed by applicable laws.

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IX.    AMENDMENTS AND UPDATES

 

Tootle may modify, update or amend the terms in this Privacy Notice at any time. Such amendments shall be notified to you through the Apps and/ or other appropriate means  at least five (5) business days before the effective date. The updated version will be posted on the website https://www.tootle.com.np. It is your responsibility to review the Privacy Notice regularly. Your continued use of the Apps, Websites or Services, or continuing to communicate or engage with Tootle following the effective date of the modifications, updates or amendments to this Privacy Notice , whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

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X.    HOW TO CONTACT US

 

If you have any queries about this Privacy Notice or would like to exercise your rights set out in this Notice , please direct your mail to our Data Protection Officer. :

 

For Users in Nepal,
Name:  Tootle (Att. Zapp Services Pvt. Ltd.)
Address: Address: Zapp Services Pvt. Ltd., Yala Sadak, Lalitpur, Nepal

 

In order for us to attend to your queries expeditiously, we prefer that inquiries be made via email: contact@tootle.com.np.

The original of this Notice is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail.

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ADDENDUM 1: TOOTLE FOR BUSINESS

 

I.    INTERPRETATION

All capitalized terms but undefined terms used herein shall bear the same meaning as those defined in the Terms of Use and Tootle’s Privacy Notice.

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This Addendum forms part of the Privacy Notice. In the event of any inconsistency between the Privacy Notice and this Addendum, this Addendum shall prevail.

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II.    TOOTLE’S RELATIONSHIP WITH USERS AND CLIENTS

 

How Tootle for Business works

 

Tootle for Business is provided as an add-on feature to facilitate corporate billing for the Authorized Users’ use of Tootle’s Services in the course of work.

 

When an organization (“Client”) chooses to utilize Tootle for Business, the Authorized User is given the option of tagging his/her rides or other transactions to the Client or to tag it as a personal ride. An Authorized User is referred to in the Privacy Notice as a passenger of driver partners.

 

As part of this feature, Tootle will disclose detailed trip and booking information that Authorized Users have tagged as being for business purposes to the Client. Apart from this, Tootle does not disclose other Personal Data of its Authorized Users to the Client.

Alternatively, an individual user may choose to set up a business profile within the Apps to facilitate the tagging of business-related rides and to generate consolidated trip reports to facilitate the submission of claims from his or her employer. When used in this mode, the claims process is user-driven and the user’s employer need not be a Client.

 

For ease of reference, Authorized Users and individual users will each be referred to as a “User” and collectively as “Users” in this Addendum.

 

 

Tootle is a data controller, so are our Partners

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In respect of any User and the processing of all their Personal Data (including but not limited to Linking Data and Portal Data), Tootle acts as a data controller. For further information on how Tootle collects, uses and discloses Users’ Personal Data, please refer to the Privacy Notice.

Due to the way Tootle for Business works, Tootle does not process any Personal Data for and on behalf of the Client. Accordingly, Tootle is not the data processor of the Client, but an independent data controller in respect of all Personal Data that it processes in the course of providing the Tootle for Business feature. Likewise, the Client is an independent data controller of the Personal Data (e.g. the Linking Data and Portal Data) that it discloses to and/or receives from Tootle.

 

As independent controllers, Tootle and the Client individually determine the purposes and means of processing Personal Data, subject to the provisions set out in the Terms of Use and this Privacy Notice. Tootle and the Client are also individually responsible to ensure the protection of Personal Data under their charge.

 

 

III.    WHAT PERSONAL DATA IS COLLECTED, PROCESSED AND DISCLOSED

 

What Tootle collects as part of Tootle for Business

 

In order to provide the Tootle for Business feature, the individual user or the Client will be required to provide the following information about the Authorized User to Tootle:

• full name;

• business email address;

• business company PAN number;

• business address; and

• other identifying information about the Authorized User as reasonably requested by Tootle.

 

Tootle will use this information for the purposes of:

• authenticating the User;

• where applicable, linking the Authorized User’s account with the Client’s Tootle for Business account or tracking the Authorized User’s business profile bookings on the Apps, as the case may be;

• where applicable, verifying the Corporate Billing status of such Authorized User from time to time; and

• contacting the User in accordance with the purposes set out in the Privacy Notice .

 

Upon onboarding such a User to the Apps, Tootle will process the Personal Data of the User in accordance with the Privacy Notice and this Addendum.

 

What Tootle discloses to its Clients

Tootle will disclose relevant trip and booking information as determined by Tootle from time to time to the Client to facilitate Corporate Billing.

 

What Tootle discloses to its individual user

 

Depending on the business profile settings selected by the individual user, the user may retrieve and generate reports containing his/her relevant trip and booking information.

 

 

IV.    PARTIES’ OBLIGATIONS

The Client and Tootle  shall each:

• individually inform their data subjects of how each processes Personal Data and allow their data subjects to exercise their rights under the local data protection/data privacy laws;

• comply with the obligations applicable to each party under the applicable data protection/data privacy laws when processing any Personal Data of the Proposed or Authorized Users;

• obtain the necessary consents (if applicable) to facilitate the provision of the Tootle for Business feature; and

• implement appropriate legal, technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure, as well as any breach or attempted breach of each party’s security measures (“Information Security Incident”).