USER PRIVACY STATEMENT OR PRIVACY POLICY

Effective Date: 1st September 2018

cabxy (refferedcabxy) collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. This Services are provided by cabxy and this Privacy Statement applies to information collected and used by Cabxy.

SCOPE AND APPLICATION

This Privacy Statement (“Statement”) applies to persons anywhere in the world who use our apps or Services to request transportation, delivery, or other on-demand services (“Users”). This Statement does not apply to information we collect from or about drivers, couriers, partner transportation companies, or any other persons who use the Cabxy platform under license (collectively “Drivers”). If you interact with the Services as both a User and a Driver, the respective privacy statements apply to your different interactions.

COLLECTION OF INFORMATION

INFORMATION YOU PROVIDE TO US

We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.

INFORMATION WE COLLECT THROUGH YOUR USE OF OUR SERVICES

When you use our Services, we collect information about you in the following general categories:

Location Information:

When you use the Services for transportation or delivery, we collect precise location data about the trip from the Cabxy app used by the Driver. If you permit the Cabxyapp to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.

Contacts Information:

If you permit the Cabxy app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.

Transaction Information:

We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.

Usage and Preference Information:

We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers.

Device Information:

We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

Call and SMS Data:

Our Services facilitate communications between Users and Drivers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message.

Log Information:

When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.

IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONS

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Cabxy app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Cabxy app seeks before you first use the app, and your use of the app constitutes your consent.

INFORMATION WE COLLECT FROM OTHER SOURCES

We may also receive information from other sources and combine that with information we collect through our Services. For example:

If you choose to link, create, or log in to your Cabxy account with a payment provider (e.g., E-Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.

When you request on demand services, our Drivers may provide us with a User rating after providing services to you.

If you also interact with our Services in another capacity, for instance as a Driver or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User or rider.

USE OF INFORMATION

We may use the information we collect about you to:

Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Drivers, develop safety features, authenticate users, and send product updates and administrative messages;

Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;

Send or facilitate communications (i) between you and a Driver, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing;

Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Cabxy and other companies, where permissible and according to local applicable laws; and to process contest or other promotion entries and fulfill any related awards; Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.

We may transfer the information described in this Statement to, and process and store it in Malaysia and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.

SHARING OF INFORMATION

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

THROUGH OUR SERVICES

We may share your information:

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

With Drivers to enable them to provide the Services you request. For example, we share your name, photo, average User rating given by Drivers, and pickup and/or drop-off locations with Drivers;

With other riders if you use a ride-sharing service like Hop Hitch; and with other people, as directed by you, such as when you want to share your estimated time of arrival or split a fare with a friend;

With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;

With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;

With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and

With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider), if you participate in any of our enterprise solutions such as Cabxy Corporate.

OTHER IMPORTANT SHARING

We may share your information:

With Cabxy subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;

With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;

In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Cabxy or others;

In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;

If we otherwise notify you and you consent to the sharing; and

In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

SOCIAL SHARING FEATURES

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services.

YOUR CHOICES

ACCOUNT INFORMATION

You may correct your account information at any time by logging into your in-app account. If you wish to cancel your account, please email us at info@Cabxy.com .Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

ACCESS RIGHTS

Cabxy will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

LOCATION INFORMATION

We request permission for our support server collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our support server collection of precise location from your device will not limit our ability to collect your trip location information from a Driver's device nor our ability to derive approximate location from your IP address.

CONTACT INFORMATION

We may also seek permission for our support server collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of thisinformation, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.

PROMOTIONAL COMMUNICATIONS

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

CHANGES TO THE STATEMENT

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

SECURITY PRECAUTIONS

Your Cabxy profile is password-protected so that only you and authorized Cabxy employees have access to your account information. Cabxy staff will never proactively reach out to you and ask for any personal account information, including your password.

Cabxy makes every effort to ensure that your Personal Data is secure on its system. Cabxy has staff dedicated to maintaining our privacy policy as set forth herein and other privacy initiatives, periodically reviewing Web security and making sure that every Cabxy employee is aware of our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Cabxy cannot guarantee the security of any Personal Data you transmit to us, and you do so at your own risk. If you have any further questions on this issue, refer to our customer terms of use. To the extent permitted by applicable law, Cabxy expressly disclaims any liability that may arise should any other individuals obtain the Personal Data you submit to Cabxy.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website and the Services we provide. By accessing and browsing our website, you are agreeing to our use of cookies.

CONTACT US

If you have any questions, comments and requests related to this Privacy Statement, or if you have any complaints related to how Cabxy processes your personal data, please contact us at info@cabxy.com.

These terms and conditions (the "Agreement") constitute a legal contracting umbrella between Driver and Cabxy a INDIAN base company (the "Company"). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Company (the "Service"), or downloading, installing or using any associated application supplied by the Company ("Application"), you hereby expressly acknowledge and agree to be bound by the Agreement, and any future amendments and additions to the Agreement as published from time to time at http://www.cabxy.com/terms or through the Service.

The Company reserves the right to modify the Agreement or its policies pertinent to the Service or Application at any time, effective from the time of posting of an updated version of this Agreement at http://www.cabxy.com/terms or through the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.

Cabxy IS A BikeTaxi BOOKING SERVICE THAT ALLOWS USERS TO REQUEST A PRIVATE DRIVER CAR OR TAXI (METERED) VIA A MOBILE APP, THROUGH THE WEB, CALL CENTER, SMS OR EMAIL. THE COMPANY OFFERS A METHOD TO OBTAIN TRANSPORTATION SERVICES FROM THIRD PARTY TRANSPORT PROVIDERS EACH OF WHICH IS EXCLUSIVELY RESPONSIBLE FOR THE PROVISION OF ANY RELEVANT TRANSPORTATION SERVICES. THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY TRANSPORTATION SERVICES WHICH ARE REQUIRED TO BE PROVIDED TO YOU BY ANY SUCH THIRD PARTY.

Key Content-related Terms

"Content" means text, graphics, images, tone, software (excluding the Application), audio, video, information or other materials. "Company Content" means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content. "User" means a person who accesses or uses the Service or Application. "User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.

Representations and Warranties

By using the Application or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application or Service. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your personal use and the use of others that have explicitly authorized you. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from Malaysia, the country. You may only access the Service using authorized means. The Company reserves the right to terminate this Agreement if you use the Service or Application with an incompatible or unauthorized device. By using the Application or the Service, you agree that:

• You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
• You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
• You will not impair the proper operation of the network.
• You will not try to harm the Service or Application in any way whatsoever.
• You will only use the Application and Service for your own use and will not resell it to a third party.
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
• You will provide us with whatever proof of identity we may reasonably request.
• You will only use an access point or minimum 3.5G data account (AP) which you are authorized to use.
• You are aware that when requesting transportation services by SMS, standard messaging charges will apply.
• License Grant, Restrictions and Copyright Policy.

Application License

Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non- transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Company reserves all rights in and to the Application not expressly granted to you under this Agreement. Accessing and Downloading the Application from iTunes /Google Play. The following applies to any App Store Sourced Application:

• You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple/Microsoft, and (ii) Company, not Apple/Microsoft, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
• You acknowledge that Apple/Microsoft has no obligation whatsoever to furnish any maintenance or support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple/Microsoft, and Apple/Microsoft will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple/Microsoft will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple/Microsoft, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
• You and Company acknowledge that, as between Company and Apple/Microsoft, Apple/Microsoft is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Company and Apple/Microsoft, Company, not Apple/Microsoft, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
• You and Company acknowledge and agree that Apple/Microsoft, and Apple's/Microsoft’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple/Microsoft will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
• Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks. Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Copyright Policy

Company have the right to terminate Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Payment Terms

Any fees that the Company may charge you for the Application or Service, are due immediately and are non-refundable other than in circumstances in which the Company considers that a refund is justified and you have notified the Company within 48 hours of the booked start time of the relevant trip. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing. The Company makes promotional offers with different features and different rates to any of our customers. The Company encourages Users to check back at our website periodically if you are interested in the Company's charges for the Service or Application.

Intellectual Property Ownership

The Company alone shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Cabxy. and no right or license is granted to use them without documented permission.

Conduct of Users

By entering into this Agreement or using the Application or the Service you agree that (1) you will not misuse any car, use any car for any illegal purpose, engage in any illegal activities (such as keep dangerous weapons, sexual acts, drinking alcohol, smoking or carrying any kind of drugs of narcotics) in any car; and (2) you will comply with the Malaysian laws. You will be solely responsible for any failure to comply with this provision.

Indemnification

By agreeing to this Agreement upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, including, but not limited to passengers of your vehicle or the vehicle that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party (c) your use (or misuse) of the Application and/or Software; and (d) your ownership, use or operation of a motor vehicle or passenger vehicle, including your carriage of Passengers or Customers who have procured your transportation services via the Service, or of their goods.

Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION OR ANY VEHICLE OR DRIVER REQUIRED TO BE PROVIDED IN CONNECTION WITH THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT. THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA.

Internet Delays

THE COMPANY'S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGE RESULTING.

Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

Assignment

This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) a successor by merger. Any purported assignment in violation of this section shall be void.

Governing Law

This Agreement is governed by Malaysian laws.

Dispute Resolution

Any dispute, claim or controversy arising out of or in connection with this Agreement, including a dispute, claim or controversy arising in relation to its interpretation or relating to any non-contractual obligations arising out of or in connection with this agreement (a "Dispute") shall be settled amicably between the parties following the receipt by either party of written notice of the Dispute from the other party. In the event that a Dispute cannot be settled amicably within a period of 60 days from the date on which the relevant party notifies the other in writing that a Dispute has arisen, the parties agree that such Dispute shall be referred to and finally settled by Court of Law Arbitration Rules (the "Rules"), which Rules are deemed to be incorporated by reference into this Agreement. The seat, or legal place. The number of arbitrators shall be three. Each party will nominate one arbitrator for appointment by the Court. The third arbitrator, who shall act as chairman, shall jointly be nominated by the other arbitrators so nominated and appointed by the Court. The language to be used in the arbitration shall be Bahasa Malaysia. The award made by the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. To the extent permissible by law, the parties hereby waive any right to appeal against the decision of the arbitrator. This "Dispute Resolution" section will survive any termination of this Agreement.

General

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter of this Agreement.