Data Processing Addendum

This Data Protection Addendum (“Addendum“) between Truckhall Private Limited (“Truckhall Private Limited”) and the Customer (as defined in the Agreement) forms part of the Truckhall Private Limited Terms of Service set forth at https://www.superprocure.com/terms-of-service/ or such other written or electronic agreement incorporating this Addendum, in each case governing Customer’s access to and use of the Services (the “Agreement”).

Customer enters into this Addendum on behalf of itself and any Affiliates authorized to use the Services under the Agreement and who have not entered into a separate contractual arrangement with Truckhall Private Limited. For the purposes of this Addendum only, and except where otherwise indicated, references to “Customer” shall include Customer and such Affiliates.

By accessing and/or using the Services, you agree that you (a) have read and understood the contents of these Terms and (b) agree to be legally bound by these Terms, even if you are accessing our Services on behalf of a company/ business. The Services are available for your use only on the condition that you agree to all of the Terms set forth below.

ELIGIBILITY AND REGISTRATION

By accessing to Terms, you represent and warrant to us that:
Your access and/ or use of the Service is in compliance with the Terms, Other Agreements, all applicable laws and regulations;
You have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law.

To access and use the Services, you agree to provide true, accurate and complete information to Truckhall at all times during and after registration, and you shall be responsible for all acts done pursuant to accessing and using our Services. Your payment of the Service charges mutually agreed by Truckhall and you as consideration for the Services.

MODIFICATION

We reserve the right to update these Terms at any time by updating on the Website. Your continued usage of our Services after any changes to these Terms will be deemed as acceptance of such changes. Any aspect of the Services may be changed, supplemented, deleted or updated without notice, at our sole discretion. We may also change or impose fees for products and Services at any time, at our sole discretion. We may establish or change, at any time, general practices and restrictions concerning our other products and Services at our sole discretion.

SERVICES

Truckhall hereby agrees to provide all Services as may be agreed to be availed by the user, as may be described in detail in the Other Agreements.

You agree and acknowledge that Truckhall may make commercially reasonable changes to the nature and scope of Services provided without prior notice to you.

USER OBLIGATIONS

You agree that you shall use the Service only in accordance with, and as permitted by applicable law, and that all actions conducted by you through use of the Services are not in breach of the Terms, Other Agreements and applicable law. Further, you are solely responsible for complying with all applicable law(s) within the territory in which you operate.
You will not share your Truckhall account details including without limitation, login credentials with anyone, and you must protect the security of your account at all times. You are solely responsible for any activity associated with your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
You agree that you shall not (a) attempt to reverse engineer the Website and the Services or any component thereof, (b) attempt to create a substitute or a similar service through use of, or access to, the Website or the Services, and (c) use the Services for any activities that are illegal under applicable law or in breach of Clause 5 (Acceptable Use).
Provided that Truckhall performs its obligations under these Terms and under the Other Agreements, you agree that you shall not hold Truckhall liable for any delay, loss, costs damages, claims, or actions that may be suffered or incurred by the user in relation to (a) downtime of the Services owing to any reasons beyond the reasonable control of Truckhall, and/or (b) any other reasons beyond the reasonable control of Truckhall owning to which any Services is delayed or fails.

You agree that you shall promptly cooperate with Truckhall’s reasonable investigation of outages of the Service system, security issues, and any suspected breach of these Terms and under the Other Agreement.

ACCEPTABLE USE

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any item that:

Belongs to another person and to which you do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minor in any way;
Infringes any patent, trademark, copyright or other proprietary rights or third party’s stride secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
Violates any law for the time being in force;
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person or use an anonymous proxy;
Contains software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programing routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
Shall not be false, inaccurate or misleading;
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, regulation or guideline for the time being in force;
May give rise to liability on the part of the web or the Company or cause any hindrance (whole or in part).

You shall not attempt to or circumvent or manipulate any of the obligations conferred on you be this Terms or Other Documents. If such an attempt is discovered, it will constitute sufficient grounds for termination of access to the Services and also for taking appropriate legal actions.

You undertake not to disclose or distribute any non-public information to a third party or use such information for any unauthorized purpose including for the purpose of marketing unless you have obtained express written consent from us to do so.

CONFIDENTIALITY

The Parties agree that all information obtained, developed, created, or disclosed including all documents, data, sensitive personal information, trade secrets of the other Party relating to its business practices and their competitive position provided to the Parties in connection with the performance of obligations under these Terms shall be considered with the performance of obligations under these Terms shall be confidential and proprietary information (“Confidential Information”).
The Parties acknowledge and agree that the Confidential Information shall be used solely for the purpose for which it is disclosed by the other Party. The Parties shall not disclose the other Party’s Confidential Information without prior written consent of such (disclosing) Party.
The Confidential Information shall be safeguarded and the Parties must take all necessary actions to protect it against misuse, loss, destruction, or modification. Subject to Clause 13 (Limitation of Liability), in the event of a breach or threatened breach by either Party of this provision, monetary damages alone may not be sufficient remedy and the other Party may, without waiving any other rights or remedies, be entitled to injunctive or equitable relief.

The obligations in respect of Confidential Information shall survive termination of these Terms and Other Agreements.

REPRESENTATION AND WARRANTIES

Each Party hereby represents and warrants to the other Party that:

It is duly organized and validly existing under the laws of India, and has full authority and corporate power to agree to these Terms and carry out its provisions; and

These Terms are binding upon it and do not conflict with any other agreement, instrument or understanding to which it is bound. However, any conflict between the Terms and Other Agreement(s) between the Parties will be harmoniously construed, and the final interpretation shall be decided by Truckhall.

THIRD-PARTY SERVICES

The Website and the Services may contain links to other websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third-party websites.

FORCE MAJEURE

Notwithstanding anything contained in these Terms, the Parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by the Force Majeure Event. “Force Majeure Event” means any event including but not limited to an act of God, fire, epidemic, natural calamity; riots, civil commotion or unrest, terrorism, war, strikes or lockouts; expropriation or other governmental actions; any changes in Applicable Law or regulation beyond the control of any Party which restricts or prohibits the performance of the obligations of such Party.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of India and subject to Clause 11 (Arbitration) the Parties irrevocably submits to the exclusive jurisdiction of the courts in Kolkata.

ARBITRATION

In the event of any dispute arising between the Parties in connection with these Terms and Other Agreements, the Parties shall first attempt to amicably settle them, failing which they shall be referred to arbitration by a sole arbitrator appointed by mutual agreement. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of the arbitration shall be held in Kolkata, and the courts there shall have exclusive jurisdiction.

NOTICE

All communications to Truckhall relating to the Terms including but not limited to the Services, reporting of the users grievances, any instances of violation of intellectual property or breach of these Terms shall be in writing and sent to the address set out below, or as otherwise communicated from time to time.



All communications to you relating to these Terms and the Services shall be sent to the registered phone number and email ID attached to your account, or as otherwise communicated by you from time to time.

LIMITATION OF LIABILITY

You acknowledge and agree that to the extent permitted by the applicable law, Truckhall shall not be liable under these Terms and Other Agreements for lost revenues, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or indirect, special, incidental, consequential, exemplary, or punitive damages, losses or expenses resulting from your use of the Website or the Services.

DISCLAIMER OF WARRANTIES

The Websites and the Services and each portion thereof are provided “as is” basis without any warranties of any kind either express and implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the Website and the Services.

MISCELLANEOUS

These Terms do not create any partnership or principle-agent relationships between the Parties.
The illegality, invalidity or un-enforceability of any of these Terms shall not affect the legality, validity or enforceability of the other provisions hereof

In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in Truckhall Private Limited’s control, the Data Subjects can submit such request done by contacting Truckhall Private Limited’s Data Protection Officer (DPO) below. Also for raising concerns and/or any complaints related to the Customer Personal Data that can be done by contacting the Data Protection Officer below:

Name: Srivatsan Hari
Email ID: [email protected]

There are no Temporary files getting generated during processing.




This Annex includes certain details of the Processing of Customer Personal Data by Truckhall Private Limited in connection with the Services.

1. List of Parties

Data Exporter



Data Importer



2.Competent Supervisory Authority



3.Processing Information



4.Technical and Organisational Security Measures

Description of the technical and organisational security measures implemented by Truckhall Private Limited as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.

• Security
  • Security Management System.
  • Organization. Truckhall Private Limited designates qualified security personnel whose responsibilities include development, implementation, and ongoing maintenance of the Information Security Program.
  • Policies. Management reviews and supports all security related policies to ensure the security, availability, integrity and confidentiality of Customer Personal Data. These policies are updated at least once annually.
  • Assessments. Truckhall Private Limited engages a reputable independent third-party to perform risk assessments of all systems containing Customer Personal Data at least once annually.
  • Risk Treatment. Truckhall Private Limited maintains a formal and effective risk treatment program that includes penetration testing, vulnerability management and patch management to identify and protect against potential threats to the security, integrity or confidentiality of Customer Personal Data.
  • Vendor Management. Truckhall Private Limited maintains an effective vendor management program
  • Incident Management. Truckhall Private Limited reviews security incidents regularly, including effective determination of root cause and corrective action.
  • Standards. Truckhall Private Limited operates an information security management system that complies with the requirements of ISO/IEC 27001:2013 standard
  
  
  • Personnel Security.
    • Truckhall Private Limited personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Truckhall Private Limited conducts reasonably appropriate background checks on any employees who will have access to client data under this Agreement, including in relation to employment history and criminal records, to the extent legally permissible and in accordance with applicable local labor law, customary practice and statutory regulations.
    • Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Customer Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, Truckhall Private Limited’s confidentiality, privacy and security policies. Personnel are provided with privacy and security training on how to implement and comply with the Information Security Program. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). Truckhall Private Limited’s personnel will not process Customer Personal Data without authorization.
  
  
  • Access Controls
    • Access Management. Truckhall Private Limited maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data to limit access to Customer Personal Data and systems storing, accessing or transmitting Customer Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.
    • Infrastructure Security Personnel. Truckhall Private Limited has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Truckhall Private Limited’s infrastructure security personnel are responsible for the ongoing monitoring of Truckhall Private Limited’s security infrastructure, the review of the Services, and for responding to security incidents.
    • Access Control and Privilege Management. Truckhall Private Limited’s and Customer’s administrators and end users must authenticate themselves via a Multi-Factor authentication system or via a single sign on system in order to use the Services
    • Internal Data Access Processes and Policies – Access Policy. Truckhall Private Limited’s internal data access processes and policies are designed to protect against unauthorized access, use, disclosure, alteration or destruction of Customer Personal Data. Truckhall Private Limited designs its systems to only allow authorized persons to access data they are authorized to access based on principles of “least privileged” and “need to know”, and to prevent others who should not have access from obtaining access. Truckhall Private Limited requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; a need to know basis; and must be in accordance with Truckhall Private Limited’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies follow industry standard practices. These standards include password complexity, password expiry, password lockout, restrictions on password reuse and re-prompt for password after a period of inactivity
  
  
  • Data Center and Network Security
    • Data Centers.
      • Infrastructure. Truckhall Private Limited has AWS as their data centers.
      • Resiliency. Multi Availability Zones are enabled on AWS and Truckhall Private Limited conducts Backup Restoration Testing on regular basis to ensure resiliency.
      • Server Operating Systems. Truckhall Private Limited’s servers are customized for the application environment and the servers have been hardened for the security of the Services. Truckhall Private Limited employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.
      • Disaster Recovery. Truckhall Private Limited replicates data over multiple systems to help to protect against accidental destruction or loss. Truckhall Private Limited has designed and regularly plans and tests its disaster recovery programs.
      • Security Logs. Truckhall Private Limited’s systems have logging enabled to their respective system log facility in order to support the security audits, and monitor and detect actual and attempted attacks on, or intrusions into, Truckhall Private Limited’s systems.
      • Vulnerability Management. Truckhall Private Limited performs regular vulnerability scans on all infrastructure components of its production and development environment. Vulnerabilities are remediated on a risk basis, with Critical, High and Medium security patches for all components installed as soon as commercially possible.
    
    
    • Networks and Transmission.
      • Data Transmission. Transmissions on production environment are transmitted via Internet standard protocols.
      • External Attack Surface. AWS Security Group which is equivalent to virtual firewall is in place for Production environment on AWS.
      • Incident Response. Truckhall Private Limited maintains incident management policies and procedures, including detailed security incident escalation procedures. Truckhall Private Limited monitors a variety of communication channels for security incidents, and Truckhall Private Limited’s security personnel will react promptly to suspected or known incidents, mitigate harmful effects of such security incidents, and document such security incidents and their outcomes.
      • Encryption Technologies. Truckhall Private Limited makes HTTPS encryption (also referred to as SSL or TLS) available for data in transit.
    
    
    • Data Storage, Isolation, Authentication, and Destruction. Truckhall Private Limited stores data in a multi-tenant environment on AWS servers. Data, the Services database and file system architecture are replicated between multiple availability zones on AWS. Truckhall Private Limited logically isolates the data of different customers. A central authentication system is used across all Services to increase uniform security of data. Truckhall Private Limited ensures secure disposal of Client Data through the use of a series of data destruction processes.