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Privacy Policy
Last updated: 20.01.2022
The company is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by the Company.
This Privacy Policy applies to our website alongside our applications (our “Service”). By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.
Interpretation and Definitions
Definitions
For the purposes of this Privacy Policy:
- Applications refers to the Company iOS Driver app, iOS Customer app, Android Driver app, Android Customer app.
- Account means a unique account created for you to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to the Company.
- Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
- Customer refers to a person that signs up to use the Company Service.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website and Applications.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to the Company, accessible from aghatyi.com.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The technologies we use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
- For the performance of a contract: the compliance and undertaking of the purchase contract for the services you have purchased or of any other contract with us through the Service.
- To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary orreasonable for their implementation.
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
- To manage your requests: To attend and manage your requests to us.
- For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Service users is among the assets transferred.
- For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Third Party Services
We may share the information that we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our successors-in-interest.
We may engage trusted third party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the app, database storage and management, e-mail management, storage marketing, credit card processing, customer service and fulfilling orders for products and services you may purchase through the app. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.
We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics such as connection speed, whether you have visited the app in a shared location, and type of the device used to visit the app. They may aggregate information about our advertising and what you see on the app and then provide auditing, research and reporting for us and our advertisers. We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
Retention of Your Personal Data
The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or we are legally obligated to retain this data for longer time periods.
Deletion of Your Personal Data
- Your personal data may be deleted upon request
- We respond to the request for deleting and transferring personal data submitted by an e-mail within a month and specify the period of data deletion and transfer.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Links to Other Websites
Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, you can contact us:
- By visiting this page on our website: aghatyi.com
Service Quality, Cancellation Policy, Violations, Penalties, and Health Insurance
**Introduction:**
Upon completing the registration process and having the vehicle and driver ready to work under the Aghati driver program, the driver implicitly agrees to the service requirements in terms of method, performance, conditions, and obligations between the driver and the company (Aghati). This agreement aligns with the company's vision, which prioritizes service continuity and quality assurance in accordance with the country’s favorable conditions that may directly or indirectly impact the service.
Therefore, any action that might affect the service by the driver or client, according to Aghati’s internal policies for quality assurance—including the order cancellation policy, which is available in the app with specific terms—will result in penalties or any measures deemed appropriate by the company. This could include financial penalties or, in severe cases, the cancellation of the driver's registration or the termination of dealings with the client, as outlined in the policy below. The core of service performance, conditions, and penalties will take effect upon approval by the company’s management.
**Order Acceptance (1.1):**
1. The driver receives the order through the app within a defined radius, with a minimum of 0.1 km and a maximum of 10 km.
2. The app always shows the pickup location and sometimes the drop-off location.
3. The order remains available in the app for approximately 15 seconds, giving the driver the option to accept or ignore the request.
4. Once the order is accepted, the driver must proceed to the pickup location.
5. The driver may call or receive a call from the client to confirm order details in certain cases.
6. Upon arriving at the client's location, the driver must select “Arrived” in the app.
7. The driver must wait for the client between 2-5 minutes before changing the order status to “Start Journey,” during which time they may contact the client to verify the order status.
8. After picking up the client, the driver should change the status in the app to “Start Journey.”
9. Upon reaching the client’s drop-off point, the driver should select “End Journey” to display the amount the client must pay.
10. After receiving cash from the client, the driver should select “Paid in Cash.” If the payment is via the wallet, the driver will only need to rate the trip to be ready for the next order.
11. The driver can go offline from the app at any time.
**Note:**
1. After selecting “Arrived” and while waiting for the client (2-5 minutes), the driver may contact the client to confirm the order. If the client cancels, the driver should cancel the order and select “Client Did Not Show” before leaving the pickup point. If this option does not appear, the driver should press “Decline Service.” A penalty will be applied, and the driver must provide the company with the order details to reverse the penalty.
2. The driver is allowed to accept external requests at any time, provided they have completed at least 5 internal orders daily since registering with the company; otherwise, the order will be withdrawn and reassigned via the app.
**Discount Coupons (2.1):**
1. The client enters the discount coupon code in the app.
2. The client requests a trip, which will be discounted for one use only.
3. The driver follows the procedures outlined in section (1.1), points (1-9).
4. The remaining amount after applying the discount will be shown to the driver, and the discount amount will be automatically added to the driver’s balance electronically.
5. The driver continues to follow the steps outlined in section (1.1), points (10-11).
**Note:**
The driver is required to accept only the remaining amount without questioning the client about the discount, its value, or any other details.
**Trip Cancellation by the Client (3.1):**
1. The client may cancel the trip request through the passenger app before the driver arrives and before the driver changes the trip status to “Arrived.”
2. The client cannot cancel the trip once the request has started.
3. If the client cancels the request after the driver has arrived at the pickup location, the client must pay a fee of 2000 Iraqi Dinars.
4. In the case described in point (3), the driver will be compensated with a financial amount credited to their electronic account as outlined below:
**Additional Charges:**
– A 1000 Iraqi Dinar fee is added after traveling between 3 km and 6 km.
– A 1500 Iraqi Dinar fee is added after traveling more than 6 km and up to 9 km.
– A 2000 Iraqi Dinar fee is added after traveling more than 9 km.
**Client Requesting to Continue the Trip Outside the App:**
5. If the client cancels the trip before the driver changes the trip status to "Start Journey" and requests to continue the trip outside the app, the driver must inform the company using one of the available communication channels, either by contacting the customer service center or via the Telegram app.
6. If the driver completes the entire trip outside the app after the client cancels it, the driver will be responsible for the company’s share of the order, and the driver's account will be suspended. They will be directed to contact one of the Aghati offices to follow up on the necessary procedures.
7. If client cancellations are repeated and handled by the driver, the driver’s subscription to the service will be permanently canceled.
8. If the client cancels the trip 5 times after the driver has accepted each request, the client’s account will be automatically suspended from the app, and they will not be able to make any requests for a specified period.
**Trip Suspension Due to Internet Disconnection:**
1. If the internet service is interrupted for the driver during the trip, the driver must contact the company through the available communication channels.
2. The trip will be processed by the follow-up department, and the trip fare will be calculated in the app. The "service fee" will be deducted, and the driver will be notified.
3. If the driver does not inform the company of the issue, the follow-up department will calculate the trip cost and deduct the "service fee."
4. If this situation repeats (point 3), the driver’s account will be suspended, and they will be directed to the nearest Aghati office to resolve the account.
5. The driver has the right to file a complaint with the customer and driver service center if service fees were deducted from trips affected by internet outages during the day. The follow-up department will review the complaint and resolve it according to the standard procedure.
**Trip Cancellation by the Driver (4.1):**
1. The driver is not allowed to cancel a trip they have accepted through the app except in the following cases:
– If the driver arrives at the client's pickup location, waits for 2-5 minutes, and the client does not appear.
– If the order was placed through the customer service center and the client cannot be contacted.
– If the client's drop-off location is outside the country.
– If it is impossible to reach the client's location, such as agricultural areas or similar.
– If the client’s location is incorrectly marked.
2. If the driver cancels the trip after accepting it, marking arrival, or starting the trip without changing the trip status to "Start Journey," a penalty will be applied as follows:
– A penalty will be applied if the order is canceled after one minute of acceptance.
– A penalty will be applied if the order is canceled after arriving at the client's location, whether the trip status was changed to "Arrived" or not, within less than two minutes.
– A penalty will be applied if the driver cancels the request after moving from the client's location.
– A penalty will be applied if the driver is late to the client beyond the estimated arrival time.
**Violations and Penalties (5.1):**
Driver violations may include:
– Canceling an order after acceptance, not showing up, continuing the trip outside the app after cancellation, inappropriate language towards the client, marking "Arrived" before actually reaching the location, calling the client to cancel the order, failing to apply discounts, not using the fare meter, marking "Not Paid" when payment was made, accepting pre-booking but not showing up, being late, not marking the trip as "Start Journey," inappropriate attire, manipulating trip details, not turning on the AC or heating, taking a different route, accepting an order while carrying another client, starting the trip before the client boards, ending the trip without the client, taking a trip without using the fare meter, speaking poorly about the company, using the phone while driving, giving their phone number to the client, taking the client without returning them, dropping the client off and canceling the order, internet disconnection, being late for pre-booked trips, not knowing the route, talking excessively during the trip, speeding, failing to comply with the agreed fare, accepting an order through the app but not calling, dropping the client off before the designated location, smoking, receiving payment via wallet but also taking cash, arriving at the client’s location and refusing to pick them up...
The violation of **harassment** is an exception. Any driver found guilty of this violation will have their account permanently suspended.
**All violations are subject to the same penalties under the following conditions:**
– The violation must be verified administratively according to its type and proven 100% against the driver.
**Driver Suspension Policy:**
Once a violation is confirmed for a particular driver, their activity will be suspended for a certain period, regardless of the type of violation, as follows:
- First violation: The driver’s activity will be suspended for 24 hours.
- Second violation: The driver’s activity will be suspended for 72 hours.
- Third violation: The driver’s activity will be suspended for 7 days.
- Fourth violation: The driver’s activity will be suspended for one month or they may pay a fine of 50,000 Iraqi Dinars.
- Fifth violation: The driver’s activity will be suspended for one month or they may pay a fine of 75,000 Iraqi Dinars.
- Sixth violation: The driver’s activity will be suspended for one month or they may pay a fine of 100,000 Iraqi Dinars.
- Seventh violation: The driver’s activity will be suspended for 3 months or they may pay a fine of 150,000 Iraqi Dinars.
- Eighth violation: The driver’s activity will be suspended for 6 months or they may pay a fine of 300,000 Iraqi Dinars.
- Ninth violation: The driver’s activity will be suspended for 9 months without any alternative fines.
**Insurance: (6.1)**
**Article 1: Definitions**
1. **Insurance:** A financial coverage provided by the company to mitigate the risks that may affect the driver, their vehicle, the passenger, or any third party's body or property.
2. **App:** A smart system called "Aghati Taxi" for booking taxis instantly or in advance, available on mobile phones for public use.
3. **Driver:** A person working with their private vehicle for Aghati Company under the smart app system.
4. **Passenger:** A person who books a taxi through the "Aghati Taxi" app or contacts the company’s customer service center at its short number (+96477-00000-828).
5. **Third Party:** Any person affected in body or property due to the Aghati driver during the trip.
6. **Risks:** Accidents that may affect the driver, their vehicle, the passenger, or a third party, including bodily harm or property damage during the Aghati journey, such as collisions, fires, drowning, etc.
7. **Trip:** A request to transport passengers from one location to another via the Aghati app, executed by the driver, with a defined start and end time, originating from either the Aghati app or the company’s system operator.
8. **Company:** Aghati Public Transportation and Passenger Limited, which operates through smart apps installed on mobile devices to provide land transportation services using vehicles registered with the company.
**Article 2: Risks Covered**
1. Bodily injuries sustained by the driver, passenger, or third party during accidents.
2. Damage, loss, or destruction of part or all of the driver's vehicle or the third party’s property.
3. Vehicle collisions with other cars.
4. Unintentional collisions involving the driver's car, leading to injuries or property damage to the driver or third party.
5. Any unintentional accidents involving the driver's car for any reason.
6. Collisions with non-vehicles such as bicycles, motorbikes, three-wheeled goods carriers (stutts), and three-wheeled passenger carriers (tuktuks).
7. Incidents involving drowning or fire affecting the driver's vehicle, the driver, the passenger, or the third party.
8. Fatal accidents (God forbid).
**Article 3: Terms and Conditions**
1. Health insurance covers three categories: the driver, the passenger, and the third party.
2. Vehicle insurance covers the driver and third party only.
3. The insurance covers risks from the time the trip is accepted until its completion, provided the trip is booked through the passenger app or the company’s system operator app.
4. The company provides 75% coverage for financial damages caused by accidents, with a maximum insurance limit of 1,000,000 Iraqi Dinars (1 million).
5. In the event of bodily injuries or damage to property (excluding personal belongings and cash) of owners of certain categories (stutts, tuktuks, bicycles, motorbikes, cars) caused by the driver, the company will provide insurance coverage.
**Insurance Policy Details:**
1. The company provides **75% coverage** with a maximum compensation of **500,000 Iraqi Dinars**, which will be used for medical expenses or vehicle repair costs.
2. If the driver's vehicle is damaged during an Aghati trip, the insurance will cover repair costs according to the set percentage and amount specified by the company.
3. The insurance covers the driver’s medical expenses if they are physically injured during an Aghati trip, according to the company’s established limits.
4. In the unfortunate event of the death of the driver or passenger, a financial grant of **3,000,000 Iraqi Dinars** will be provided to the family of the deceased as a death benefit.
5. The driver must notify the company immediately after an accident, and before ending the trip, by calling the designated contact numbers.
6. The driver is required to **capture a video** and **photos** of the accident and send them to the company immediately.
7. If both the third party and the driver are injured in an accident, the total insurance coverage will be divided according to the driver’s set percentage and amount.
8. The driver must provide the company with an **official traffic report** issued by government authorities to qualify for financial compensation for vehicle repairs.
9. Medical documents and reports from official government agencies will be required to process compensation for medical expenses for the driver, passenger, or third party.
10. Compensation for vehicle repairs, either for the driver or the third party, will be based on the current cost of new spare parts, provided the damage exceeds 50% and replacement is feasible, as assessed by specialists.
11. The insurance contract is valid for **6 months** and is automatically renewed.
12. The insurance premium per trip is **125 Iraqi Dinars** for both the driver and the passenger, deducted at the end of the trip from the driver’s account.
13. The driver must avoid all sources of danger, drive cautiously, and follow safety regulations and road laws to minimize risks for themselves, the passenger, and the third party.
14. A new driver (with less than 30 days of service with the company) must complete **150 trips** to be covered by the insurance or pay a **one-time fee of 37,500 Iraqi Dinars** upon registration.
15. The driver is not covered by insurance unless they have completed **150 trips** within the **30 days** preceding the accident.
16. Full insurance coverage (**100%**) is provided when the total accident cost is **100,000 Iraqi Dinars** or less.
**Exclusions (Cases Not Covered by Insurance):**
1. Accidents resulting from the driver violating general traffic regulations.
2. Accidents caused by the driver’s failure to comply with personal or vehicle safety measures.
3. Intentional accidents caused by the driver.
4. Accidents caused by the driver while intoxicated or excessively drowsy due to lack of rest.
5. Accidents caused by the passenger.
6. Accidents occurring outside the time of an Aghati trip, even if the driver is on duty with the company. For instance, if a driver completes a trip to Baghdad and has no return trip assigned by the company but gets into an accident on the way back, that accident is not covered.
7. The insurance does not cover personal belongings or small items (e.g., handbags, wallets, mobile devices) of the third party.
8. Insurance does not apply to drivers who are not officially registered in the company’s system and do not have an active account at the time of the accident.
9. Insurance does not apply to vehicles not officially registered in the company’s system, even if the driver is officially registered.
