Privacy Policy

This Privacy Policy (“Policy”) applies to the website https://pando.ai, or, (together, “Website”) owned and operated by Quaking Aspen Inc ("Company", "we", "us", "our" or "Pando" a reference to which shall also include its affiliates) which is an entity established under the laws of Delaware, USA. The Company recognizes the importance of maintaining the privacy of its users ("User", "you", "your", "yourself", "Client") who interact or avail the services ("Services") provided by the Company. That's why we insist upon the highest standards for secure transactions and User information privacy. This Policy sets forth the information collecting, processing and dissemination practices of the Company and the modes through which you can exercise your privacy rights. The Policy is accessible via a hyperlink at the bottom of the homepage of the Website.

By visiting the Website you agree to be bound by the terms and conditions of this Policy, as they apply to you. If you do not agree with any of the terms contained in this Policy, please do not use or access the Website.

This Policy is published in accordance with the provisions of the Indian Information Technology Act, 2000 and the rules made thereunder ("IT Act"), more specifically, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("Rules"). All terms used in this Policy will have the same meaning and definitions assigned to them in the IT Act and the rules made thereunder. For avoidance of any doubt, this Policy shall be applicable to all Users of the Website. This Policy is intended for Users within the territory of India, in the instance you are a subject of the jurisdictions where the General Data Protection Regulation (“GDPR”) or the California Consumer Privacy Act (“CCPA”), we remain compliant with such laws. Notwithstanding the aforesaid, we will not be liable for any claim, action and/or right initiated/exercised by you as per the CCPA or the GDPR, we request you to kindly use the Website accordingly.

This Policy specifies the manner in which personal data personal information of Users is collected, received, stored, processed, disclosed, transferred, dealt with and handled by the Company. Please note that the Website may contain links to other third-party websites/mobile applications that may collect personal information and sensitive personal information of the Users. The User agrees to comply with all third-party privacy policies, if any, applicable upon access of such third-party websites and/or mobile applications. This Policy does not apply to information that Users provide to, or that is collected by, any third-party through the Website and the Company is not responsible for the User’s access to or use of any third-party website, mobile applications, product and/or service. In no event will the Company be liable for any loss or damage caused to you due to such third-party websites/mobile applications.

In case you are accessing this Website as a representative of and on behalf of a legal entity or organization, (i) you represent and warrant that you have the full authority to represent the legal entity and have power to bind them; and (ii) you understand that the Privacy Policy, upon acceptance by you, is applicable to and binds all other persons accessing or using the Website on behalf of the same legal entity or organization for this purpose.

Further, in case you are a minor as per the laws of the territory/country/jurisdiction from where you are accessing the Website, you (i) accept and acknowledge that you are accessing the Website through a parent or a legal guardian who is of a legal age to form a binding contract in accordance with applicable laws of such territory/country/jurisdiction and such person has accepted this Privacy Policy on your behalf to bind you, and also hereby undertake that you are permitted to lawfully access the Website from the territory/country/jurisdiction from which you are accessing it; and (ii) hereby acknowledge that you are accessing this Website (including the interactive features therein) under the supervision of your parent or legal guardian and have their express permission to use the Services. Please note that there are certain specific provisions of the Privacy Policy which may be applicable to you in case you are a minor. If you believe a minor is accessing the Services or Website without your consent, please contact us.

A. DEFINITION

Certain terms used in this Policy shall have the meaning as defined hereunder unless the context otherwise requires:

"Partners" refers to any such entities, or persons engaged by, or associated/affiliated with the Company in connection with its business activities in any form.

"Use" means accessing the Website for any purpose including, but not limited to, the enquiry of our products or services.

"Client Data" means any and all data or information submitted by the Client or Users to or in relation to, the Services provided by Pando.

B. INFORMATION WE COLLECT AND RECEIVE

Client Data

1. Client Data may contain 'personal information' as defined under the Rules.

2. Pando will collect, store, use, process, and transfer such information as prescribed under the Rules. Where Pando collects or processes the necessary Client Data, it shall do so on behalf of the Client and such Client Data shall be collected for the provision of Services.

3. Client Data may include the following types of data but is not restricted to: organization’s representative’s first and last name, billing details organization’s representative’s email IDs, location data, phone-numbers and other contact information, including profile related information, such as mobile numbers, etc. as may be communicated to you by the Company from time to time.We do not collect, record, store or use Your Sensitive Personal Information (as defined under the Rules) except as may be required under any law for the time being in force.

4. Apart from the foregoing, Client Data also includes proprietary data that are required to effectively use the Services, such as client lists, Vendor lists, material lists, GFN/GRN documents, contract lists etc. If you are using the Services by invitation of a Client, as further described in the Pando Agreement of Service, that Client determines its own policies regarding storage, access, modification, deletion, sharing, and retention of Client Data which may apply to your use of the Services.

Other information

1. Contact information:
   With your permission, any contact information you share is collected (such as an address book from a device) when using the Services. We may also collect your phone number and email address to contact you. You will also receive SMSs, emails, phone calls etc. regarding the Service through the aforesaid means
2. Interactions with Pando:
   You agree and acknowledge that we may record, analyze and use your interactions with us, including email, telephone, and chat conversations with our sales and customer support professionals, for improving our interactions with you and other customers. Such stored data is kept confidential and not shared outside our systems.
3. Log data:
   When you use the Services, our servers automatically record information, including information that your browser sends whenever you visit a website or your mobile app sends when you are using it. This log data may include your internet protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, language preferences, and cookie data.
4. Device information:
   We may collect information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings.
5. Geo-location information:
   Precise GPS location from devices is required for effective delivery of the Services, and will as such be collected with your permission. Such information will include geo-location data of your loading and unloading locations. Wi-Fi and IP addresses received from your browser or device may be used to determine approximate location.
6. Services integrations:
   If, when using the Services, you integrate with a third-party service, we will connect that service to ours. The third-party provider of the integration may share certain information about your account, with Pando. However, we do not receive or store your passwords for any of these third-party services.
7. Third party data:
   Pando may also receive information from affiliates in our corporate group, our partners, or others that we use to make our own information better or more useful. This might be aggregate level information, such as which IP addresses go with which zip codes, or it might be more specific information, such as about how well an online marketing or email campaign performed.

Retention

The information above would be collected and retained by the following entity-

Quaking Aspen Inc. ">We will not retain any information for longer than is required for the purpose for which such data or information was collected or may lawfully be used or is otherwise required under any other law for the time being in force. We may retain anonymized data for as long as is required.

Our Cookie Policy

Pando uses cookies and similar technologies like single-pixel gifs and web beacons, to record log data. We use both session-based and persistent cookies. Cookies are small text files sent by us to your computer and from your computer or mobile device to us each time you visit our Website or use our desktop application/ mobile app. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.

Some cookies are associated with your account and personal information in order to remember that you are logged in and which accounts you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out site analytics and customization, among other similar things. If you access the Services through your browser, you can manage your cookie settings there but if you disable some or all cookies you may not be able to use the Services.

Pando sets and accesses cookies on the domains operated by Pando and its corporate affiliates. In addition, we use third parties like "Google Analytics" for website analytics. You may opt-out of third party cookies from Google Analytics on its website. We do not currently recognize or respond to browser-initiated "Do Not Track" signals as there is no consistent industry standard for compliance.

C. HOW WE USE YOUR INFORMATION

By opting to provide us with information, you understand and accept that we use your information to provide and improve the Services, as more specifically detailed below. You will, at all times, have the option to refrain from disclosing your personal information to Pando. You will also have the option of withdrawing consent previously provided to Pando. In such cases, Pando shall no longer be obliged to continue providing Services to you or continue to provide you with access to the Services.

Client Data

Pando may access and use Client Data as reasonably necessary and in accordance with Client’s instructions to (a) provide, maintain and improve the Services; (b) to prevent or address service, security, technical issues, or at a Client’s request in connection with Client support matters; (c) as required by law, and (d) as set forth in the Pando Agreement of Service or as expressly permitted in writing by the Client.

Other information

We use other information in providing the Services. Specifically:

To understand and improve our Services:

We carry out research and analyze trends to better understand how users are using the Services and improve them.

To communicate with you by:

Responding to your requests:

If you contact us with a problem or question, we will need, and hence use your information to respond.

Sending emails and notifications:

By accepting the terms of this Policy you give us the permission to send you Service and administrative emails and messages including text messages. You hereby consent to receiving text messages from us, however you have the option to opt out later. We may also contact you to inform you about changes in our Services, our Service offerings, and important Service related notices, such as security and fraud notices. These emails and notifications are considered part of the Services and you may not opt-out of them. In addition, we sometimes send emails about new product features or other news about Pando. You can opt out of these at any time.

Billing and account management:

We use account data to administer accounts and keep track of billing and payments.

Communicating with you and marketing:

We often need to contact you for invoicing, account management and similar reasons. We may also use your contact information (with us) for our own marketing or advertising purposes. You can opt out of these at any time.

Investigating and preventing bad things from happening:

We work hard to keep the Services secure and to prevent abuse and fraud.

Analyzing and ensuring that great things do happen:

We work hard to make our products intelligent; and any information from you that we can use to make our Services serve you better, we want to and will
This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user or Client of the Services.

D. YOUR CHOICES

Client Data

Client provides us with instructions on what to do with Client Data. A Client has many choices and control over Client Data. For example, Client may provision or de-provision access to the Services, enable or disable third party integrations, manage permissions, change retention and export settings, transfer or assign Client Data, delete or consolidate Users with other Users.

Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.

Right to Erasure: This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your personal information where there’s no compelling reason for us to keep it. Such right of erasure can be exercised by writing to us at sanjana@pando.ai. This is a general right to erasure; there are exceptions, such as when the law requires us to retain certain personal information about you or where such retention is required for providing our services to you, etc.

Inaccurate User Information

Users can review and correct any inaccurate or deficient information that the User has provided by accessing the Website. In no event will the Company be responsible for any loss or damage caused to you or to any other User because any inaccurate or deficient information that any User has provided.

Other Choices

In addition, the browser you use may provide you with the ability to control cookies or other types of local data storage. Your mobile device may provide you with choices around how and whether location or other data is collected and shared. Pando does not control these choices, or default settings, which are offered by makers of your browser or mobile device operating system.

E. SHARING AND DISCLOSURE

There are times when information described in this Policy may be shared by Pando. This section discusses how Pando may share such information. By accepting the terms of this Policy, you consent to the sharing of such information with other third parties subject to confidentiality obligations on such third parties and to the extent required for providing the services to you. Clients determine their own policies for the sharing and disclosure of Client Data. Pando does not control how Clients or their third parties choose to share or disclose Client Data.

Client Data

Pando may share Client Data in accordance with Pando Agreement of Service and the Client’s instructions, including:

With third party service providers and agents:
We may engage third party companies or individuals to process Client Data, or in turn use it to deliver the Services more efficiently to you for use in the Services.

With affiliates:
We may engage affiliates in our corporate group to process Client Data for use in providing the Services.

With Government:
Pando shall share information to the extent mandatory, with intimation to the Client, with Government agencies mandated under the law to obtain information including Client Data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.

Other information

Pando may share other information as follows:

About End customers with the Client:
There may be times when a end customer contacts Pando to help resolve an issue. In order to help resolve the issue and given our relationship with our Client, we may share the concerns of the end customer with the Client.

With third party service providers and agents:
We may engage third party companies or individuals, such as third party payment processors, to process information on our behalf.

With affiliates:
We may engage affiliates in our corporate group to process other information.

Other types of disclosure:

Pando may share or disclose Client Data and other information as follows:

During changes to our business structure:
If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of any or all of Pando's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

To comply with laws:
To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.

To enforce our rights, prevent fraud and for safety:
To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud.
Further, we may disclose or use aggregate, or de-identified, or anonymized information for any purpose. For example, we may share information with our partners or others for marketing, business development, or research purposes. For example, we may tell a prospective Client the average number of transactions executed through Services every day, or partner with a research firm or academic institution to explore interesting questions about logistics and network technologies.

F. LINKS TO THIRD-PARTY WEBSITES

This Website may contain external links to websites operated by third parties other than Pando. Such links are provided for your convenience only and Pando has no control over such websites and no representation is being made by the Company as to their content and conduct. Use of, or reliance on any such links and the content thereon provided shall be at your sole risk. The Company disclaims all liability for any loss or damage that may be caused to you from your use or access of such external, third-party links.

When visiting such external links, you shall refer to the terms and conditions of use of such websites. No hypertext links shall be created from any website controlled by You or any other person, to this Website, without the express prior written permission of the Company.

G. PROTECTION OF INFORMATION

We have adequate security practices and procedures in place and a comprehensive documented information security program and policies that contain managerial, technical, operational and physical security measures that are appropriate to protect information received by us. Our Operations are certified with International Standard ISO 27001:2013.

Although we shall endeavor to safeguard the confidentiality of your personally information, transmissions and transactions made by means of the Internet cannot be made absolutely secure. By using this Website, you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

H. DETAILS OF GRIEVANCE OFFICER

If you have any concerns or questions in relation to this Policy, you may address them to our grievance officer whose name and email address are as follows and also published on the Website:

Name of the Grievance Officer: Nitin Jayakrishnan,

Contact: nitin.jayakrishnan@pando.in

Upon receipt of Your grievance/request, the grievance officer shall provide You with an acknowledgement of receipt of Your grievance and shall resolve the grievance within 30 days from the date of receipt thereof.

I. ADDITIONAL RIGHTS & OBLIGATIONS FOR USERS RESIDENT IN CALIFORNIA

California’s “Shine the Light” law permits Users that are California residents to request certain information regarding disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an email to sanjana@pando.ai.

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“CA COPPA”) and the California Business and Professions Code. As required by CA COPPA, we will provide you with the categories of personal information that we collect through the Website, and the categories of third party persons or entities with whom such Personal information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of information we collect and what third parties we share such Personal information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. CA COPPA further requires us to allow you to control who you do not want us to share your Personal information with. To obtain this information, please send an email to sanjana@pando.ai. When contacting us, please indicate your name, address, email address, and what Personal information you do not want us to share with our marketing partners. The request should be labelled “California Customer Choice Notice.” Please allow 30 (thirty) days for a response.

J. Children’s Online Privacy Protection Act of 1998

The Children’s Online Privacy Protection Act of 1998 (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 (thirteen) years of age. If you are a child under 13 (thirteen), please do not attempt to register for or otherwise use the Services or send us any of your Personal information without obtaining the consent of your parents or legal guardian. If we learn that we have collected Personal information from a child under 13 (thirteen) years of age, we will delete that information as quickly as possible. If you believe that a child under 13 (thirteen) years of age may have provided us Personal Data, please contact us at sanjana@pando.ai.

K. NOTICE FOR USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND THE UNITED KINGDOM:

If you are a resident of the European Economic Area (EEA) or the United Kingdom and you use the Website and/or the Services, for the purposes of applicable data protection law (in particular, the GDPR), please note that the terms set out above would constitute the privacy notice.