The objective of this Personal Data
Protection Consent Form ("Consent Form") is to provide you with
information with respect to how MAHINDRA FIRST CHOICE WHEELS
LIMITED ("MFCWL") which provides or will provide services and/or
products to you (as well as its subsidiaries, representatives or
Affiliates) (collectively referred to herein as "MFCWL", "us",
"we" or "our") collects and processes personal information and
sensitive personal information. References in this Consent Form
to "we", "us" and "our" mean MFCWL and, where the context
requires, will also include any company in Mahindra Group, or
persons connected with MFCWL. We request you to kindly read this
Consent Form carefully as it contains important information
regarding the collection, use and disclosure of your Personal
Data (as defined below).
In addition, this Consent Form is intended
to provide you with sufficient information to enable you to
notify, and obtain consent from, any natural person (a "Relevant
Person") whose Personal Data may have been provided or may be
provided by you or your agent to us from time to time. This
Consent Form supplements but does not supersede or replace any
other consent you may have previously provided to us in respect
of your Personal Data, and your consents herein are additional to
any rights to which we may have at law to collect, use or
disclose your Personal Data.
2. Personal Data
In this Consent Form, "Personal Data" refers
to any data about you or a Relevant Person, whether true or not,
such that you or such natural person (as the case may be) can be
identified (a) from that data; or (b) from that data and other
information to which we have or are likely to have access,
including data in our records as may be updated from time to
time.
Examples of such Personal Data you may
provide us including but not limited to your name, PAN
card/AADHAR card, Driving License details, company name, title,
passport or other identification number, telephone number(s),
mailing address, email address, bank account numbers, assets,
income and financial situation and any other information relating
to any Relevant Person which you have provided or will provide to
us in any forms you may have submitted to us, or via any other
form of interaction with you.
We may also collect Personal Data about you
or a Relevant Person from applications, forms or questionnaires
you may complete or agreements you enter into with us or in the
course of your establishing or maintaining a customer
relationship with us, including data about your credit history or
financial situation, and your transactions with us or others who
provide services to us.
We may also collect Personal Data about you
or a Relevant Person as a result of us recording certain
telephone calls which our employees may have with you, and
storing these recordings, in order to satisfy our legal and
regulatory obligations or for MFCWL business purposes. Apart from
Personal Data, we may collect other types of information which is
not linked to a natural person and which is anonymous. For
example, the number of website visitors and the number of website
users using a particular service. In this way, we hope to improve
our customer services.
3. Purposes for the Collection, Use and Disclosure of
Personal Data
Generally, MFCWL collects, uses and discloses
Personal Data for the following purposes:
processing applications for account opening,
account maintenance and operations relating to your account(s),
including without limitation, processing your applications or
requests for services and/or products, processing your
transactions, operating and closing your account(s);
providing services and/or products to you
(including the services and products of external providers) from
time to time and dealing with all matters relating to the
services and products;
managing your relationship with us and/or
administration of your account with us including (where you act
as agent for another party) those of your underlying principals;
carrying out your instructions or responding
to your enquiries or feedback;
conducting identity and/or credit checks,
and carrying out customer due diligence and other checks and
screenings and ongoing monitoring that may be required under any
applicable law, regulation or directive or internal policies and
procedures of MFCWL or its Affiliates (including but not limited
to those designed to tackle bribery and corrupt practices, money
laundering, anti-social elements finance and financial crime);
preventing, detecting and investigating
fraud, misconduct or any unlawful activities, whether or not
requested by any relevant governmental or regulatory authority,
and analysing and managing commercial risks;
complying with all applicable laws,
regulations, rules, directives, orders, instructions and requests
from any governmental, tax, law enforcement or other authorities
(whether local or foreign);
managing our infrastructure and business
operations and complying with our policies and procedures that
may be required by applicable laws and regulations including
those relating to risk control, compliance, security, audit,
finance and accounting, human resources, systems and business
continuity;
addressing or investigating any complaints,
claims or disputes;
developing new services and/or products and
updating you on our products, schemes, promotional activities and
services from time to time;
unless you have indicated your preference to
opt out, providing you with marketing, advertising and
promotional information, materials and/or documents relating to
banking, investment, credit and/or financial products and/or
services that we may be selling, marketing, offering or
promoting, whether such products or services exist now or are
created in the future;
carrying out research, planning and
statistical analysis;
organizing promotional events; and
enforcing our legal and/or contractual
rights against you including, but not limited to, recovering any
and all amounts owed to us,(collectively, the "Purposes")
4. Consent
By interacting with us, submitting information to us, or
signing up for any products or services offered by us and/or
through informed notice and acknowledgement of this Consent Form,
you agree and consent to:
us collecting, using, disclosing and sharing
such Personal Data for the Purposes stated in this Consent Form,
to us and/or our authorized service providers and relevant third
parties in the manner set forth in this Consent Form and as per
the applicable data protection law ; and
each Relevant Person having consented to our
collection, use, disclosure, sharing, and/or processing of
his/her Personal Data for the Purposes stated in this Consent
Form, and such Relevant Person has been informed of and has
accepted this Consent Form.
If you do not wish for us to continue to use
your Personal Data or the Personal Data provided by you to us for
any of the Purposes at any time in the future, you must notify us
in writing to withdraw your consent (refer Section 12). Depending
on the circumstances, your withdrawal of consent may result in our
inability to provide you with the services and/or products that we
have been offering to you, and consequently, may result in the
termination of your relationship and/or accounts with us.
Where the personal data protection laws of the
applicable jurisdictions permit us to collect, use or disclose the
Personal Data without your or the Relevant Person's consent, such
permission granted by law will continue to apply.
5. Disclosure, Sharing and Transfer of Personal Data
Overseas
Subject to the provisions of any applicable
law, Personal Data may be disclosed or transferred to, shared with
or kept by the following entities, wherever located, for any of
the Purposes or for processing for any of the Purposes:
any other affiliated companies of the
Mahindra Group;
any third-party service providers, including
archival management service providers, those providing
administrative, telecommunications, computer, financial
intermediary, payment or securities clearing or other services to
us in connection with the operation of our business;
our professional advisers (including
lawyers) and agents or third parties necessary for us
performing/providing services to you (including our executing
brokers, clearing houses and settlement agents);
our professional advisers (including
lawyers) and agents or third parties necessary for us
performing/providing services to you (including our executing
brokers, clearing houses and settlement agents);
our professional advisers (including
lawyers) and agents or third parties necessary for us
performing/providing services to you (including our executing
brokers, clearing houses and settlement agents);
any local or foreign government agencies,
regulatory authorities and statutory bodies having jurisdiction
over us; and
any of their respective successors and
assigns.
To the extent that we may need to transfer
Personal Data outside the applicable jurisdiction, we shall do so
in accordance with the personal data protection law of that
jurisdiction to ensure that we provide a standard of protection to
the Personal Data so transferred that is comparable to the
protection under that jurisdiction.
6. Access and Correction
If you would like to obtain access and make
certain corrections to your Personal Data, you may contact us in
writing through email at the address set out in Section 12 below
referencing "Personal Data Protection Consent Form Statement'. We
may charge a reasonable administrative fee for this service. In
exceptional circumstances, we reserve the right to deny you
access to your Personal Data and may provide an explanation as
required by applicable laws.
7. Retention
Personal Data will be held for as long as it
is necessary to fulfil the purpose for which it was collected, or
as required or permitted by applicable laws. We shall cease to
retain Personal Data, or remove the means by which the Personal
Data can be associated with particular individuals, as soon as it
is reasonable to conclude that the purpose for which that
Personal Data was collected is no longer being served by
retention of the Personal Data and retention is no longer
necessary for any legal or business purposes. It is to be
prominently noted that unless you intimate MFCWL in writing for
destruction/removal of this Personal Data, we will continue to
hold and retain the same under this Consent Form.
8. Data Security
We have taken and will continue to take
reasonable efforts to protect Personal Data in our possession or
control by making reasonable security arrangements to prevent
unauthorized access, collection, use, disclosure, copying,
modification, disposal or similar risks.
While we strive to protect your Personal
Data, we cannot ensure the security of any Personal Data which
you may have transmitted to us, via an unsecure browser, and we
urge you to take every precaution to protect your Personal Data
and use a secure browser.
9. Updates to the Personal Data Protection Consent Form
Statement
We may from time to time update this Consent
Form to ensure that it is consistent with our future
developments, industry trends and/or any changes in legal or
regulatory requirements. Such changes will be posted on our
website.
Such changes to our Consent Form shall apply
from the time that we post the same on this website eDiig.com.
Your continued use of our service will be taken as acceptance of
and consent to the updated Consent Form.
10. Cookies
A cookie is an alphanumeric identifier which
we transfer to your hard drive through your web browser when you
visit our website. It enables our own system to recognize you
when you visit our website again and improve our service to you.
The information is used to track visitor use
of the website and to compile statistical reports on website
activity. Cookies may also be used to compile aggregate
information about areas of our website that are visited most
frequently. This traffic information can be used to enhance the
content of our website and make your use of it easier.
If you wish to reject our cookie, you can
configure your browser to do so. However, in a few cases some of
our website features may not function if you remove cookies from
your browser.
11. Third Party Websites
Our website may contain links to other
websites. We have not reviewed any of the websites linked by our
website, and we will not be responsible for the content of any
other websites or pages linked to or linking to our website and
usage of any of such linked websites or pages. Such links are
provided solely for your convenience and information. Following
links to any other websites or pages shall be at your own risk.
12. Contacting Us
If you have any queries, comments or
questions about the collection, use or disclosure of your
Personal Data or this Consent Form, please contact us in writing
at the address below referencing 'Personal Data Protection
Consent Form Statement':
Kind attention: Chief Technology Officer
Mahindra First Choice Wheels Limited
602,6th Floor B Wing, Embassy 247, Vikhroli
Mumbai 83
Email: palla.prasad@mahindra.com
13. Any and all claims/disputes/grievances
arising out of this Consent Form shall be subject to the exclusive
jurisdiction of the Courts in Mumbai India.
14. This Consent Form constitutes
to be an electronic record in terms of Information Technology Act,
2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic
format is generated through an online computer system of MFCWL and
does not require any physical or digital signatures by MFCWL
and/or you.
