PRIVACY POLICY
Farmitopia Private Limited
Last updated: 24th August 2024
We are committed to protecting Your privacy. This privacy policy (“Privacy Policy” or “Policy”) sets forth how Farmitopia Private Limited (“Company”) uses, stores, processes and protects any Personal Information that You provide to Us. This Privacy Policy applies only to the disclosure of Personal Information that You have chosen to share with Us when You access the Company’s Website and Product / Mobile Application / Web Application (collectively “Platform”) / avail of our Services, or personal data that We may have access to in relation to Your Use of Application upon granted access to Our Application/s. By accessing or using the Platform and Services, You unconditionally accept and agree without limitation or qualification, the terms and conditions of this Privacy Policy. If You do not agree with the terms and conditions of this Privacy Policy, please do not proceed further to access or Use the Company’s Platform and / or Services.
This document is published in accordance with the provisions of the Indian Information Technology Act. The Privacy Policy may be modified, amended and/or changed from time to time by the Company without notice, and will be effective when posted and available on the Company’s Website. It is therefore strongly recommended that You review this Privacy Policy each time You access and/or Use the Platform / Services. Your continued Use of the Platform / Services following the posting of any amendment, modification or change shall constitute Your acceptance of the amended, modified or changed Privacy Policy.
I. Definitions
- “Company” or “We” or “Us” or “Our” or “Provider” shall mean Farmitopia Private Limited, a company incorporated under the laws of India, where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, employees, directors, officers, agents and their successors and assigns;
- “WebSite” shall mean the hosted website, and all subsequent pages made available by the Company located at https://www.cropmint.com and https://www.farmitopia.com;
- “Product“, “Application“, “App”, “Web Application”, “Mobile Application”, “Website” means Content, Software, mobile and web software application and related Services herein referred to as “Platform“; Applications in the registered names as “Cropmint” (Cropmint, Cropmint+, CropmintLite, CropmintLS), “Cropcent”, “Cropmech”, “Cropchip”, “Cropmint Admin”
- “Trainings”, “Consulting”, “Farm Design Consulting”, “Farm and Crop Advisory”, “Installation and Configuration of Platform”, “Maintenance of Platform”, “Intermediation of Products” herein referred to as “Services”
- “Use” means access to the Platform, use of information, data and Content on the Platform, access and use of functions and features of the Platform, display or perform the Platform, and use of related Services;
- “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You or You exchange with Us, directly or indirectly for availing the Services or for accessing and Using the Platform. Personal Information shall include but not limited to, Your name, address, e-mail address, mobile number, identification photo and details, gender, date of birth, geographic location of Your farm (owned or legally operated), choice of language of Application; and does not include data where the identity has been removed – for example, anonymous data;
- “Operational Information” shall mean and refer to any information and data identifiable with Your farm, Your crops, Your business, exchanged by You and / or generated during Your access and Use of the Platform / Services. Operational Information shall include Your farm or business related information, but not limited to farm, block and crop details (like farm name, farm area, blocks and their areas), crops, crop related activities, farm resources, farm assets, farm and crop budgets, products, inventories, yield estimates, business’s member’s names and transactions (as collected by Your Business using the Platform), transactions, photos, videos, audio files, data files;
- “Non-Personal Information” shall mean information / data which may not personally identify You or be identifiable with other information collected. Such information shall include but not limited to, Your device specific information (like device id, internet protocol address, hardware configuration, operating system and version, browser information, domain names), Your usage and log information, diagnostic and performance logs and reports and status information.
II. Access to Platform
Our Platform and Services are aimed at Users over 18 years of age. If You are under 18 years old, We ask You to not send Us Your Personal Information (for example Your name, phone number, address, email address) and to not access or Use Our Platform and Services.
III. Introduction and Authenticity of Information
The Platform is an integrated online software system, designed, developed and served as an Android based mobile phone Application and/or a Web Application intended as a productivity and management tool for the User(s), and consists of Company’s proprietary artefacts and materials.
We have taken all reasonable steps to ensure that the information on the Platform and in our Services are authentic.
When You access or Use the Platform, You agree to Our Privacy Policy and consent to Our collection, storage, transfer, processing, disclosure and other uses of Your Personal Information as described in the Privacy Policy. You also understand and acknowledge that You are required to provide the Personal Information when You choose to access and Use Our Platform / Services, and You confirm that such Personal Information provided by You is true and accurate. You understand that the Company shall not verify or authenticate the information You provide including inputs to the Platform, or any changes made to the Personal Information made by You and therefore You shall take entire responsibility of such information and / or changes. You confirm that such information and / or changes shall be in accordance with the terms and conditions of this Privacy Policy.
IV. Collection of Information
We receive and collect Information which will be necessary to operate the Platform and provide the Services. You shall be required to provide / upload certain Personal Information while You download, install and register (Sign-Up), and when You log-in (Sign-in) and Use the Platform.
Further, while You access and Use the Platform and / or avail the Services and / or interact with Our customer service in order to assist You or improve the Platform / Services, We may learn and collect additional information about You from time to time, which You provide, upload, sync or import, which may become part of Personal Information. This could include information like location, date, content like photo / video / audio / document / messages.
Location Data: We collect precise or approximate location data from Your Device or a service provider’s Device providing contracted Services to You by Using Our Platform, and if you enable Us to do so. We collect the location data when the Application is running in the foreground on the Device. The location We collect are of Your farm, farm boundary markings, on farm observations with regard to completion of farm activities, pest and disease identification. Further the collection of Location Data is done only when the related function on the Platform is Used, and such data is not collected all the time. We, use this data to provide reports and insights to You, enhance the usability of Our Platform and Services.
You hereby understand, agree and consent towards the collection and usage of Your Personal Information by Us, for the purposes of providing the Platform and Services. We will not sell, exchange or disclose Your Personal Information to or with any third party without Your consent, except as provided by within the Privacy Policy.
Using various technologies We passively collect Non-Personal Information, generated as part of Your access and Use of Our Platform or provided by You through any communications with Us. You understand and acknowledge that such information shall be used by the Company, in delivering the Platform, Services or for Company’s own business purposes.
V. Processing and usage of Information
We further recognize Your need for appropriate protection and management of any Personal Information You share with Us.
The Personal Information is collected and used by Us to: i) deliver the Platform and Services ii) carry out obligations arising from any agreements entered in between You and Us, including for billing iii) create and administer Your account, and manage Your current and future relationship with Us iv) performing analytics using information like Your usage data, usage patterns v) communicate with You through phone, email or other means, including but not limited to customer service vi) improve quality and performance of the Platform / Services and user experience vii) undertake audits and resolve issues viii) personalise and customise certain information and data for Your Use ix) contact You and deliver information, updates and offerings, in some cases advertisements as relevant to the Use of the Platform and Services x) update and maintain Our records xi) monitor suspected fraud, misconduct and unlawful activities and safety and security of the Platform and Services xii) provide information to law enforcement if We are compelled to by court order, if there has been a violation of any laws and regulations, or if a violation of any Terms of Service or Privacy Policy has occurred.
VI. Third Party Links and User Experience Improvement services
Our Platform contains links to other websites of Our partner networks, advertisers and affiliates. These websites are governed by their own terms of use and privacy policies. We do not accept any responsibility or liability for the policies or for any personal data that may be collected through such third party services. Please check their policies before You submit any Personal Information to such websites or use their services.
We use third-party user experience improvement services (including but not limited to those provided by Google Inc. and/or its affiliates) and applications to better understand Your behaviour on the Use of the Platform and Services.
The information collected includes (but is not limited to) age, gender, preferences and interests
Your relationship with these third parties and their services and tools is independent of Your relationship with Us. These third parties may allow You to permit/restrict the information that is collected. It may be in Your interest to individually restrict or enable such data collections.
The place of processing information depends on each third-party service provider and You may wish to check the privacy policy of each of the service providers to identify the data shared and its purpose. You will be subject to a third party’s privacy policy if You opt in to receive communications from third parties. We will not be responsible for the privacy standards and practices of third parties.
By accepting this Privacy Policy, You expressly agree and allow Us to receive and use Your Personal Information for the above stated purposes.
VII. Storing of Information
The Platform needs online internet data connectivity to function correctly. However, the Platform has been designed to have certain functions and features usable by the Users even when they are offline (no internet / data connectivity). This offline and online usage feature of the Platform is designed and developed keeping in mind the possible issues You might face with internet / data connectivity on the farm or location. All information and data are stored on Our servers which might be hosted in a private or public cloud, hosted within India or abroad. Further, some of the information and data is stored in User’s mobile device cache, to support the Online / Offline functioning of the Platform as described above, and also to enable offline User log-in to the Platform where applicable.
We will retain Your Personal Information for as long as Your User Profile is active with Us or till the time We are required to provide the Platform and Services, and as necessary to comply with legal and regulatory requirements, resolve disputes, and enforce Our Agreement(s) and Terms. Consistent with these requirements and obligations, We will try to delete Your Personal Information upon reasonable request, and subject to any latency in deleting information from Our servers and backed-up versions. Additionally, We do not delete from Our servers, the files You have in common with other Users.
We may collect Personal Information in the course of Your interaction with Us, in the form of details of document(s), chat(s), call log(s), audio chat file(s) or other such information, We may retain such information during the course of providing Our Platform and Services, and will be saved on Our servers for future use.
By accepting this Privacy Policy, You expressly agree and allow Us to retain and store and use Your Personal Information for the purposes specified above.
We may also use Your Personal Information and Operational Information, to create aggregate anonymized data, and such data shall not be directly identifiable to You or to Your Personal Information. We may use this anonymized data for purposes including but not limited to analytics, studies and to continuously improve Our Platform and Services. By accepting this Privacy Policy, You provide Us the right to use Your Personal Information to create anonymized data and use it for Our business purposes.
VIII. Disclosure and Sharing of Information
We may disclose and / or share Your Personal Information, subject to the provisions given below.
Delivering of Platform and Services: We may share Your Personal Information to Company employees, contractors, service providers, joint marketers (including their employees and authorised personnel) and agents who need to know that information, in order to provide the Platform and Services to You and who are subject to strict contractual confidentiality obligations and code of conduct to ensure protection of information, and who may be terminated if they breach or fail to meet these obligations.
Information Sharing with other Users and public: In the event, You exchange Personal Information in any group (like digital messaging platforms, email, blogs, chat rooms or anything similar) of which You are part of, all the members of the group will have access to Your Personal Information. Your Personal Information shall be displayed on the Platform and shall be visible to any and all Users or visitors of the Platform and / or Users and mediators of the Services. In the event, You choose to exchange Your Personal Information with public, it shall be available to anyone who has availed or not availed of Our Platform and / or Services, and can be seen or accessed through online search engines or offline media.
We shall not sell, share, or rent Your Personal Information to any marketing agencies or any such companies that indulge in unsolicited communications.
Compliance to law and regulations: We will share information including Personal Information with individuals, authorities, enforcement officers or entities to the extent We believe in good faith that it is required to ensure compliance with law, regulations and / or pursuant to enforceable orders of government, law enforcement or regulatory authorities.
Mergers and Acquisitions: We may transfer or transmit Your Personal Information if We are acquired by / We acquire or merge with another entity or transfer a part of Our business, including the Platform / Services to a third party. Any third party or resultant entity that receives Your Personal Information pursuant to a merger, demerger, reorganization, restructuring or transfer of business shall have the right to continue to use Your Personal information. In such events We will reasonably notify You.
Transactional information: We or any of Our personnel shall never ask for any kind of transactional details including but not limited to One Time Password (OTP), Credit / Debit Card details, Netbanking / Phonebanking details. You are recommended to not disclose or share such information with anybody, other than providing inputs as might be required, to operate or transact on the Platform or for availing Services, and any loss or misuse of such transactional information the User shall be solely responsible by its own.
IX. Information Security
Your Personal Information is regarded as confidential and shall be governed by the provisions of the terms of this Privacy Policy.
We store Personal information on databases, on servers which are hosted on secure private or public domains, which use appropriate firewalls, technology and policies with the objective of protecting information and data from unauthorised access and improper use, and continuously upgrade such technologies as they become available and are appropriate.
We use industry standard physical, technical and administrative security measures to safeguard all Personal Information, including periodic audits and reviews of the information security measures. While all reasonable efforts will be made to ensure that information submitted by You is safe and secure, the Company makes no representation, warranties or other assurances that the security measures are adequate, safe, fool proof or impenetrable. We recommend that You use anti-virus software, strong passwords, firewalls and other precautions to protect Yourself from security and privacy threats.
All data and information available on the Platform or as part of the Services is on an “as-is” basis and the Company shall not be held liable for any information whatsoever on the Platform and Services. We will comply with the requirements under the Information Technology Act, 2000 and the rules made thereunder in the event of a data or security risk.
You are solely responsible for all actions on Your User account, including password. If You choose to exchange, share or disclose Your credentials (like password, User profile) and / or Personal Information relating to Your account with third parties or anybody else, You are solely responsible for the same. You are also solely responsible for safe keeping of data and information stored on Your Registered Mobile Device cache.
X. Data Retention
You are aware that your personal data will continue to be stored and retained by Us for a reasonable period after termination of your Use of our Platform / Application on the Platform.
XI. Managing Your Personal Information
You may at any time access, edit, modify or make changes to the Personal Information that You have provided to Us, and You may do so by using the functions in Profile section of the Platform. You may also access, edit, modify or make changes to Your credentials like password, using the respective functions as provided in the Applications on the Platform. You confirm that such changes made by You shall be in accordance with the terms and conditions of the Privacy Policy.
XII. External Links
Our Platform is configured to include hyperlinks to external websites, access to external applications, content and information. We have no control over such external links, applications, content and information, provided by individuals or companies other than Us, including no control over their privacy policies and practices, and further We do not endorse any advertisements, products or other material on or available from such external websites and applications. We recommend that You read the privacy policy of such external website, external applications, content and information providers as published on their websites or otherwise, to better understand Your rights and obligations, especially when You are submitting any information or content to those third party providers.
You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and / or disclosure of Your Personal Information by external websites, applications, content and information providers or as a result of any reliance placed by You on existence, accuracy, completeness or specifications of any advertisements, products, services on or available from such websites / applications / content and information providers.
XIII. Cookies
We use cookies and/or other tracking technologies to distinguish You from other Users of the Platform and to remember Your preferences. This helps Us to provide You with a good experience when You Use Our Platform and also allows Us to improve the Services.
We collect data by way of ‘Cookies’. Cookies are small data files which are sent to Your browser from the Platform and are stored on Your device storage (like Your mobile phone, tablet, computer) or to any such electronic device through which You may access the Platform. The cookies shall not provide access to data in Your device such as email addresses or any other data that can be traced to You personally. The data collected by way of cookies will allow Us to administer the Platform and provide You with a tailored and user-friendly service. The cookies shall enable You to access certain features of the functions. Most web browsers and devices can be set to notify when You receive a cookie or prevent cookies from being sent. If You do prevent cookies from being sent, it may limit the functionality that We can provide when You try to access or Use the Platform.
Additionally, You may encounter cookies or other similar files on certain pages of the sites / services that are placed by third parties. We do not control the use of cookies by third parties. If You send Us personal correspondence, such as emails or letters, or if other Users or third parties send Us correspondence about Your activities in relation to the Platform, We may collect such information into a file specific to You.
XIV. Interaction between You and the Company
We are interested in Your views, and We value the Feedback (defined below) We receive from You, We therefore may set up blogs and chat rooms for providing better services and / or to receive Your Feedbacks. However, We do not have control or are responsible for any such Feedback or the Personal Information which You make available through these blogs or chat rooms or the Platform. We encourage You to be careful about what Personal Information You disclose in this way.
Subject to any applicable law, any communication sent by You through the Platform or mail or e-mail or through any blogs or chat rooms or testimonials or otherwise on the Platform to Us (including without limitation contents, images, audio, feedback etc. collectively referred to as “Feedback”) is on a non-confidential basis, and We are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. You agree You will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract) and You hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of You as the source of the Feedback. Your submission of any Feedback shall constitute an assignment to Us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, We ask You to not send Us any Feedback that You do not wish to assign to Us, including any confidential information, Personal Information or any original creative materials. You shall be responsible for the content and information contained in any Feedback sent by You to the Platform or otherwise to Us, including without limitation for its truthfulness and accuracy.
In the event, You participate in any interactive features of the Platform, participate in a survey, contest, promotion, sweepstakes, activity or event, request customer support, communicate with Us via third party social media sites or otherwise communicate with Us, We collect the data You submit for such participation and/or support, which may also include Personal Information. We would use such data, as per the terms of this Privacy Policy.
By providing information on the Platform that forms the basis of communication with You, such as contact information, You waive all rights to file complaints concerning unsolicited email from Us, since You have agreed to such communication by providing Your information to Us. However, You may unsubscribe from certain communications by notifying the Company that You no longer wish to receive solicitations or information and We will endeavour to remove You from Our database where You have the right to request this under Our Agreement, Privacy Policy, or applicable law, or where We voluntarily decide to grant the request.
XV. Grievance Officer
You may contact Us with any enquiry relating to this Policy or an enquiry relating to Your Personal Information (including reviewing or updating). You can also do so by writing to Our Grievance Officer, established in accordance with the Information Technology Act, 2000 and rules made thereunder, at the address provided below:
Name: R Sreekala
Address: Farmitopia Private Limted, 347, 3rd Floor, Nagaraj Arcade, Dr Vishnuvardhan Main Road, Banashankari Stage 5, Banglore – 560061
Email Address: sreekala@farmitopia.com
XVI. Severability
Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the Terms. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this Privacy Policy.
XVII. Indemnification
In addition to the indemnification commitment provided in Terms, You agree to indemnify Us and hold Us harmless from and against any claims arising out of or relating to: (i) Personal Information and contents that You submit or share on the Platform and / or availing Services (ii) Your violation of any rights of any other person in connection with the Platform (iii) Your Use of the Platform or its features (iv) Your violation of any applicable laws and privacy protection regulations in the country from where You are accessing the Platform.
XVIII. Limitation of liability
In addition to the Limitation of liability commitments provided in Terms, You agree that the Company will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of Your Personal Information and for use of or inability to Use the Platform and Services of any kind that is offered or to provide indemnity or any other remedy to You or any third party.
XIX. Reservation of Rights
All rights not expressly granted in this Privacy Policy are reserved by the Company. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Company or any other person or to User.
This Privacy Policy shall be part of the terms and conditions of Agreement (“Terms”) for Use of the Company’s Platform.