We, through our legal entity Xfreight Technologies Pty Ltd (Australia), operates as technology company facilitating B2B freight logistics business under the brand name ‘Xfrate’ (hereinafter referred to as, “Xfrate” “Company”, “We,” “Us,” or “Our”) via the Xfrate website (website URL address: https://xfrate.com), our user registration portal (Xfrate Platform) and the associated mobile software application platform (collectively referred to as “Platforms”).

We are committed to protect the privacy and security of personal data, belonging to and/or provided by any person who accesses or uses the Platforms (hereinafter referred to as “You”, “Your” or “User”.) This Privacy Policy (“Privacy Policy” or “Policy”) applies to Your use of Our services, content, features, technologies, or functions accessible through Our Platforms (collectively the “Services “). The Company, being in charge of managing the Platforms, respects Your privacy, and seeks to comply with all the applicable laws, including the Privacy Act 1988 (Cth) in Australia, along with relevant rules and principles such as the Australian Privacy Principles (APPs) in respect of data collection, processing and transfer.

This Privacy Policy outlines the types of information We may collect, how We use it, and the choices You have regarding Your information. By using Our Platforms, You agree to the terms of this Privacy Policy. This Policy is incorporated into and subject to Our Terms and Conditions (“Terms and Conditions”) and shall be read harmoniously and in conjunction with the Terms and Conditions. In the event of any conflict between the Terms and Conditions and this Policy, the provisions of the Terms and Conditions shall supersede this Policy to the extent of procedural requirements, business practices etc., and subject to the applicable laws.

 

This Policy does not apply to information that You provide to, or that is collected by (i) any third-party through Our website and (ii) any third-party websites that You access or use in connection with the services offered through Our Platforms. The Company shall not be liable for and has no control over the practices and content of any such third parties.

 

You consent that the collection, storage, processing, disclosure and transfer of any information shall not cause any wrongful loss to You, if it is done in accordance with the provisions of this Policy. We shall not be liable for any loss that may happen to You or any other person providing Us with wrong information. Please read the Policy carefully before using or registering on the Platforms or accessing any material, information or availing any Services through the Platforms. You shall accept the Privacy Policy by clicking on the “I accept” checkbox. If You do not agree to this Policy, please do not use or access the Platforms.

 

1. Information We Collect:

Our Platforms may collect the following information for, inter alia, better facilitation of Services. All the aforesaid types of information will be collectively referred to as “Information.”

· Personal Information: Personal Information shall mean and include all information that can be linked to a specific individual or to identify any individual, such as name, address, mailing

address, telephone number, email ID, password, financial information such as bank account details, credit or debit card details or any other payment instrument details and such other information that may have been voluntarily provided by You in connection with availing any of the Services provided by Us. We shall ask You to provide only such Personal Information which is for lawful purpose and necessary to be collected by Us to provide Services. When You sign up to use Our Services, You create a user profile which shall require You to share details like Your name, mobile number, email address, passwords. In addition to the Personal Information, We may also ask You for the copy of Your identity and address proof including but not limited to driving licence or any other government approved identity card for address verification etc., and a real time image of your face. You shall also submit with Us a copy of the registration certificate of Your vehicle.

· Location and Log Information: When You interact on our Platform, we may automatically collect such information that shall include (i) IP addresses, (ii) Your geolocation information, (ii) location data about the delivery transaction involved for analytical purposes (iv) access dates and times, (v) information about Your activity on our Platforms which shall include the sites from where you have accessed our Platform (vi) app features or pages viewed, (vii) type of browser and, (viii) app crashes and other system activity.

· Transaction Information: We collect transaction details related to Your entering into any transaction with any other user of this app procuring/rendering services including type of service requested, date, time, place, distance involved, and other related transaction details.

· Usage and Preference Information: We collect information about how you interact with our services, other users, preferences expressed, and settings chosen. In some cases, we do this through the use of cookies and other similar technologies that create and maintain unique identifiers.

· Device Information: We may collect information about Your mobile device including for example operating system and version, software and file names, preferred language, etc.

· Driver Tracking Data: Where GPS tracking, manual updates, or Vehicle Tracking System (VTS) integrations are enabled for a shipment, we may collect driver personal information (including name, contact details, and vehicle details) and location data (including live coordinates, timestamps, and route history). This data is collected only after the driver has explicitly consented through the Platform or via their telematics provider, as confirmed by the User

 

2. Consent:

 

The Company will collect, use and process any Information from You in compliance with and adherence to all applicable statutes, regulations, and guidelines governing data protection and privacy. The Company will ensure that such activities are conducted in compliance with the legal standards and obligations mandated by Australian law. References to other jurisdictions do not alter the agreed governing law set out in the General Terms and Conditions and will take all necessary measures to safeguard the Information in accordance with these legal requirements. By accessing or using Our Platforms, You acknowledge that You have read, understood, and agree to the terms

outlined in this Privacy Policy. You consent to the collection, use, and processing of Your Information and other data as described herein. If You do not agree with Our practices regarding your Information, please do not use Our Platforms. Your continued use of the Our Platforms constitutes Your acceptance of any changes to this Privacy Policy.

 

You may inquire as to the nature of Information stored or processed by Us. You will have the right to review Your Information and make corrections or updates and request erasure of Information. You also have the right to withdraw Your consent, if necessary, to the collection, use, retention, and disclosure of their Information.

 

3. How We Use Your Information:

We collect, use, process, store, disclose or transfer Your Information in compliance with the applicable laws of Australia. References to other jurisdictions do not alter the agreed governing law set out in the General Terms and Conditions and, in such circumstances, where we need to:

· perform the Services that You have contracted with Us for, including but not limited to processing freight requests, improving Our platform, and in connection with other ancillary services on the platform;

· provide an enhanced user experience through research and development of new products;

· optimise internal operations necessary to provide Our Services, troubleshooting software bugs and operational problems, to conduct data analysis, testing, research, and to monitor and analyse usage and activity trends;

· make suggestions and recommendations to You about Our Services that may be of interest to You by using Your email address and mobile number (by SMS);

· use driver tracking data to provide shipment location visibility to Users, to enable route and performance analytics, and to improve our services. Route information may also be anonymised and aggregated for reporting and analysis without identifying the driver.

· comply with a legal or regulatory obligation.

· contact You in connection with Your Services;

· respond to Your questions and assist with problems with Our Services;

· enhance other information, We have about You to help Us better understand You and determine Your interests;

· assist You when You contact Our customer support services, including a) Direct Your questions to the appropriate customer support person, b) Investigate and address Your concerns, c) Monitor and improve Our customer support responses;

· development in products offered, which allows Us to improve and enhance the safety and security of Our Services, develop new features and products;

· improve website analytics, user experience, and optimize Our services;

· check any account activity in order to prevent fraudulent transactions and ensure the security;

· guarantee overall performance and administrative functions run smoothly; and

· disclose purposes at the time You provide Your information or as otherwise set forth in this Privacy Policy;

4. Data Security:

We have high regards for Your privacy and hence We take all possible measures to store and secure the Information and any other information so collected by us on secure servers. We employ industry-standard security practices and procedures, including implementing appropriate security control measures in order to protect Your Information in Our possession from loss, misuse and unauthorised access, disclosure, alteration and destruction. Notwithstanding these measures, please be advised that no data transmission over the internet can be guaranteed to be entirely secure, and We cannot assure the absolute security of Your data.

5. Disclosure:

 

We do not sell, trade, or otherwise transfer Your Information to outside the Company without Your consent except with such entities and in such manner as detailed below:

 

· Third-Party Entities: We use third-party service providers to help Us deliver certain aspect of Our Services including but not limited to cloud storage facilities, processing payments, providing geolocation services, tracking vehicles, and such other similar services. We only permit these third-party service providers to process Your Information for specified purposes for facilitation of Our Services. We are not responsible for the privacy practices or content of these third-party service providers. We encourage You to review the privacy policies of third-party sites.

 

· Regulatory Authorities: We may disclose Your Information to law enforcement authorities, regulators, governmental or public bodies and other relevant third parties to comply with any legal or regulatory requirements. We may also disclose information about You if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose Information about You if we determine that disclosure is reasonably necessary to enforce Our Terms and Conditions or protection of Your operations.

 

· Affiliates: We may choose to sell, transfer, or merge parts of Our business or our assets, alternatively, we may seek to acquire other businesses or merge with them. Further, we may share Your information, including Your Information with Our parent, subsidiaries and affiliates for internal reasons, including business and operational purposes.

 

· Free Will: In the interest of doing business with other users of the Platforms, You may choose to share additional Information directly with such users while connecting off the Platform or through such features as may be provided on the Platform. The Company shall

not be responsible for such disclosures or any unauthorised use of such information that You choose to disclose to other users of the Platforms at Your free will.

 

6. Your Restrictions:

As per applicable law, rules and regulations You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

· belongs to another person and to which You do not have any right;

· is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

· is harmful to child;

· infringes any patent, trademark, copyright or other proprietary rights;

· violates any law for the time being in force;

· deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

· impersonates another person;

· threatens the unity, integrity, defence, security or sovereignty of countries Xfrate operates in, friendly relations with other jurisdictions, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

· contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource

· is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

In case of with non-compliance with Terms and Conditions, Privacy Policy or other such rules and regulations, We have the right to terminate the Your access or usage rights to Our Platforms immediately or remove non-compliant information or both, as the case may be.

7. Cookie:

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to You on the website. We may store temporary or permanent ‘cookies’ on Your computer/device to store certain data which will aid Us in to enhancing Your browsing experience, analyse usage patterns, and personalize content. You can manage cookie preferences through Your browser settings or erase or choose to block these cookies from Your computer, but disabling cookies may impact certain features of Our Platforms. You can configure Your computer’s browser to alert You when We attempt to send You a cookie with an option to accept or refuse the cookie.

If You have turned cookies off, You may be prevented from using certain features of the Platforms. We do not control the use of cookies by third parties.

8. Your Choices:

Your rights with respect to data protection and privacy are:

· The right to access Information;

· The right to correction or updation of Information;

· The right to erasure of Information;

· The right to restrict processing;

· The right to object to processing;

· The right to complain to a regulatory authority;

· The right of grievance redressal;

· The right to remain anonymous or use a pseudonym where lawful and practicable (APP 2); · The right to data portability;

· The right to withdraw consent; and

· The right to nominate.

 

You can request access, correction, or deletion of Your Information by contacting Our Grievance Officer at [contact@xfrate.com]. The subject line of the grievance mail shall read as ‘Data Grievance’, and Your grievance will be accepted and subsequently processed only after confirmation from Your end.

9. Children’s Privacy:

Our Services are not intended for individuals under 18 years of age. While some jurisdictions may permit individuals aged 16 and above to use online services independently, Xfrate has chosen to set the minimum age of use at 18 in order to align with global data protection standards and ensure responsible platform use. We do not knowingly collect or process personal information from individuals under the age of 18. If we become aware that we have inadvertently collected personal data from a person under 18, we will take immediate steps to delete such information.

10. Indemnity:

 

You represent and warrant that the information provided by You and regulated by this Privacy Policy is true, correct, consistent and accurate and that You agree and shall indemnify and save harmless the Company from time to time, promptly upon demand against any and all losses, claims and/or actions relating to or arising out of any inaccuracy in the information provided by You.

 

11. Amendment to Privacy Policy:

We may update this Privacy Policy from time to time to reflect changes in Our practices or for other operational, legal, or regulatory reasons. We will notify You of any material changes through our website. The earlier version of this Policy can be accessed on Our Platform.

12. Data Retention: We retain Your Information only for as long as necessary to fulfil the purposes outlined in this

Policy or as required by law. When no longer required, we will take reasonable steps to destroy or de-identify the data in a secure manner.

 

13. Contact Us:

 

Any grievances with respect to the processing of Information can be referred to Our Country Offices which are mentioned in our website.

Email: contact@xfrate.com