Can we use customer details to promote our other businesses ?

Dear sir, We are logistic provider company and we help restaurants to deliver foods to their customers. Restaurants provides their customers numbers to us since we need to call them before making deliveries. My question is that can we use these number to promote some other business since I am running one more company other then logistic. Do we have to take permission from Business to do this ? So far we have not put such clauses in our agreement with businesses. Please help me by sharing legal option here.

Answers (3)

166 votes

You can use the no. of your customer for promotion of other business only with the consent of the customer since if your customer's no. is registered with DND with the telecommunication company as per TRAI rule you can be punished on the basis of complaint made by your customer, so it requires to get the consent of your customers.

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187 votes

You can use them with permission of restaurants as you are only service providers to them and cannot use their information for any other purpose without their consent. When you are using their information for your own business, you need to compensate them until they are not looking for it

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While India does not have a special statute protecting privacy rights, there are however ample judgements of the Supreme Court of India that hold that privacy is a fundamental legal right of each citizen. Apart from the constitutional protection, the Information Technology Act, 2000 also provides for measures to safeguard privacy.
In order to be adequately protected, it is advisable that you incorporate relevant clauses in your agreements that the information provided by these restaurants is collected and shared with the due permission of the customer and the customer and the restaurant shall have no objection to use of the same by you.
Privacy is an important aspect now and more and more customers are vigilant of the same. I therefore advise that in order to be safe against potential legal challenges, you need to incorporate clauses in your agreements which absolve your liability.
In case of further queries, do not hesitate to reach out to me.

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