Gramophone’s mobile application – ‘Gramophone – Smart Farming App’ excluding the ‘Products’ section were available (“App”) is owned and operated by Agstack technologies PVT. ltd (“We”, “Us”, “Company” or “Our”, which expression shall mean and include its affiliates, successors and assigns). We are committed to protecting and respecting Your privacy.
This Policy Describes Our Policies and Procedures for Collection, Use, Storage, Disclosure and Protection of Any Information, Including, but Not Limited to, Business or Personal Information Provided by You (“you/r”) While Using the app.
This Policy Has Been Drafted in Accordance With the Information Technology Act, 2000 and the Data Protection Rules and Regulations of India.
We will use the information provided by You only in accordance with the purposes described in the Policy.
We collect Your Personal Information or Non-Personal Information (as hereinafter defined) when You download and use the App and at the time of Your registration process with the App. Further, We collect information from You during the performance of Services for You. We collect information with respect to Your name, mobile number, email, address, IP Address, zip code, age, gender, occupation, Your location, device ID, Device location, other related things like crops grown, crops to check prices for, products interested in, articles and posts liked etc. In addition to the foregoing, We also access Your contacts on Your mobile phone and Your SMSs. We also gain the ability to write to the external memory on Your mobile phone. We collect all of the foregoing information in order to provide You with the Services.
Except as provided herein, We do not solicit any Sensitive Information about You. However, if You share such information with Us voluntarily, We will not be liable for any actions, claims, costs, expenses or other liabilities that may arise as a consequence of any unauthorized use or misuse of such information.
During Your use of the App, We may collect and process such information from You, including but not limited to the below mentioned:
(a) Personal Information:
“Personal Information” means and includes:
(a) Information that You provide to Us by filling in forms on the Website/App. This may include contact information such as name, email address, mailing address, phone number, financial information if any, unique identifiers such as user name, account number, password and preferences information such as favourites lists, transaction history;
(b) Information that You voluntarily provide when You write directly to Us (including by e-mail and surveys);
(c) Information that You specifically provide Us access to while accepting the Terms and Conditions of use of the App.
(b) Non- Personal Information:
“Non-Personal Information” means and includes any information that does not reveal Your specific identity, such as browser information, information collected through Cookies (as defined below), pixel tags and other technologies, demographic information etc. Our App gathers some information automatically when You visit the App and stores it in log files. We may collect certain information about Your computer or another electronic device through which You have accessed the App to facilitate, evaluate and verify Your use of the App.
We may use the information provided by You in the following ways, viz:
Provide and improve the services offered to You through the App;
Conduct research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;
Analyse how the App is used, diagnose service or technical problems, maintain security;
To help You efficiently access the App;
Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
To notify you regarding your account, to troubleshoot problems with Your account, to resolve a dispute, to collect fees or monies owed, to confirm Your identity in order to ensure that You are eligible to use the App;
Advertising and marketing communications;
To carry out Our obligations arising from any contracts entered into between You and Us;
We (Agstack Technologies Private Limited or/and our subsidiaries such as Voyage Agri Solutions Private Limited) may share your farm/business details and personal information with lending partners to help you get credit.
To notify You about changes on the App;
Notify You in the event We become aware of any breach of the security of Your information and take appropriate action to the best of Our ability to remedy such a breach.
To enable Us to comply with legal and regulatory obligations;
We will use and retain Your information for such periods as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.
We use reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. All information You provide to Us is stored on Our secure servers within India.
By submitting Your information on Our App, you agree to the handling of Your information by the Company in a manner as stated under this Policy. We will take such steps as We consider reasonably necessary to ensure that Your information is treated securely and in accordance with the Policy.
We assume no liability for any disclosure of information due to errors in transmission, unauthorised third-party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Us responsible for any breach of security unless such breach has been caused as a direct result of Our gross negligence or wilful default.
In using the Website/App, you accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, your use of the App will be at Your own risk.
In the event the Company is merged with or acquired by another company or in case of re-organization or re-structuring of business, We and Our affiliates will share Your Personal Information, wholly or in part, with another business entity.
We will share Your information with third parties only in such manner as described below:
We may share Your information with third parties including third-party service providers/agents/partners, etc. and in such an event, the third parties’ use of Your information will be bound, among other things, by the Policy. We may store information in locations outside the direct control of the Company (for instance, on servers or databases co-located with hosting providers) and Your use of the App shall constitute consent for the same.
We may disclose Your information, to any member of Our related or group companies including but not limited to, our subsidiaries, Our ultimate holding company and its subsidiaries, as the case may be, and Your use of the App shall constitute consent for the same.
By the use of the App, you will be able to see various products and services offered by Us, various products and services offered by our third-party agents and service providers and many other services and products of Our other service partners, affiliates and group companies. You may have interest or intention of availing of such services and products or a general query with respect to the products and services available on the Website/App and through the App. Accordingly, you may contact us or You may make a missed call to Us, or raise a chat with Our support team, or drop a query on the App, or send Us emails, or fill out other forms and query requests through the App, and share your contact details including but not limited to a phone number, location, etc., with Us. By contacting Us in any way and by providing us with your phone number and contact details, you hereby give Us the unequivocal right to:
Contact you through various mediums, including but not limited to phone calls, emails, etc. or make a phone call to You to discuss your query or request;
Contact you through phone or message notwithstanding the fact that You may have registered under the Telecom Regulatory Authority of India regulations as a fully blocked or a partially blocked customer. It is further clarified that We shall only make solicited phone calls or messages;
Share the contact details provided by You with the service provider or agent or representative available on or through the App who may be in a position to sufficiently answer or respond to Your query, including but not limited to third-party service providers.
You also give the third-party service provides/agents/affiliates available on the Website/App, towards whom Your specific query/question/request is directed, to directly contact You, using the contact details shared by You with Us, on or through the Website/App.
The App and the other service provides/affiliates/agents on the App shall only use the information provided by You above, for the purpose of ensuring the complete provision of services to You and for the purpose of appropriately responding to Your query/question/request/concern.
We understand that Your contact details are important to You, and We shall bind the service providers/agents/affiliates that We share Your contact details with, with the same level of protection as required under the applicable laws.
You may choose not to provide identifiable information through the App, in which case You may not be allowed to access certain features/parts of the App. If You are a registered user, you may update, edit or correct Your account information and email preferences at any time by logging in to Your account. If You believe that any of Your information held by Us is inaccurate, you may write to Us at ‘firstname.lastname@example.org’. We will respond to Your request within a period of 5 days. It is Your responsibility to ensure that any information You provide Us remains accurate and updated.
Our App may contain links to and from the Apps of Our partner networks, affiliates and other third parties. The inclusion of a link does not imply any endorsement by Us of the third party Website/App, the App’s provider, or the information on the third-party Website/App. If You follow a link to any of these Website/Apps, please note that these Website/Apps may be governed by their own privacy policies and We disclaim all responsibility or liability with respect to these policies or the Website/Apps. Please check these policies and the terms of the Website/Apps before You submit any information to these Website/Apps.
We are liable only for any recommendations made by Our authorised person through the App/Website.
We are not liable for any off label recommendations posted by any third party (including fellow farmers, people from any other company or non-authorised person from Us).
The use of any product by You other than recommended by Us through the App/Website/call centre of the Company will be at your own cost and responsibility.
You shall not post any illicit or immoral material on the farmer discussion forum of the App/Website.
We shall be entitled to delete any post which We consider unfit for the discussion forum.
You expressly agree that in the event You post information, you will be deemed to have given authority to the other users to act accordingly and We are not liable for the same.
In the event You post any photo, content, video or any other Personal Information or Non-Personal Information through the App/Website, the same will be treated as granting of an exclusive, perpetual, transferable, sub-licensable, royalty-free worldwide access to use such information by You to Us. We shall be giving due credit to You in respect of the videos by referring to Your name.
We do not allow explicit content, pornography and other such things or content on the App/Website. You shall not post any photo, content or video in the App/Website in which a third party has ownership/intellectual property rights on the same. In the event, You post any such photo, content or video in the App/Website You shall only be liable for the same and We have the right to remove such photo, content or video.
You shall indemnify Us for any third party claims against Us in respect of the posting of photo, content or video by You in the App.
The App is currently free of cost but normal data charges will apply for using the internet on Your phone.
We have taken every effort to ensure that this Policy adheres to the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. This Policy does not apply to any information other than the information collected by the Company through the App. This Policy shall be inapplicable to any unsolicited information You provide Us through this Website/App or through any other means. This includes, but is not limited to, information posted in any public areas of the App. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.
This Policy shall be governed by and construed in accordance with the laws of the Republic of India. The courts at Mumbai, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
We may update this Policy from time to time. If We make any material changes, we may notify You by e-mail (sent to the e-mail address specified in Your account) or by means of a notice on this Website/App prior to the change becoming effective. We encourage You to periodically review the Policy for the latest information on Our privacy practices.
Personal data is submitted voluntarily and of the user’s own when you create an account, participate in any interactive features of the Service, fill out a form, apply for a job, communicate with us via third-party social media sites, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, company name, phone number, and any other information you choose to provide.
Information is collected to enable you to take full advantage of our offerings when you register at our site, order products or services, participate in our contests, surveys, promotions, or activities, or otherwise communicate with us. If you choose, you can visit our website without providing us with any information about yourself. We collect both personally identifiable and non-personally identifiable information from users.
DELETION of Data/Information shared by users Voluntarily may not be deleted for the following purposes:
These community guidelines (“Community Guidelines”) set out a common code of conduct for all users of “Gramophone App” (“Platform”) a Platform by Agstack Technologies Pvt. Ltd. By accessing the services (“Services”) offered by Agstack Technologies Pvt. Ltd. (“Gramophone App”) on and through the Platform, you agree to comply with the terms contained in the Community Guidelines. These Community Guidelines shall be read along with and shall be deemed to be an integral part of the User Agreement.
Gramophone aims to create an open, inclusive and safe environment for users to express themselves and create and share content with other users. To ensure that all users feel comfortable and safe while accessing and using the Services, Gramophone insists that all users must strictly abide by these Community Guidelines.
These Community Guidelines apply to all users, and to all content shared and uploaded on the Platform. These Community Guidelines provide general guidance on what is and what is not allowed on the Platform and are indicative and not exhaustive in nature.
In the event Gramophone becomes aware of any content uploaded or shared by an user on the Platform that violates the Community Guidelines, Gramophone may at its discretion remove/take down such content. In case of repeated violations, Gramophone has the right to suspend such user account for a period as deemed fit by Gramophone. Where Gramophone identifies a genuine risk of violence, breach of terms of Community Guidelines or User Agreement or risk to the safety of any individual Gramophone may suspend such a user account for a period deemed fit by MX and work with relevant legal authorities and provide them with the all the bonafide, and relevant information as and when necessary and appropriate. In case of repeated breach of this Community Guidelines or User Agreement, Platform may be completed to delete/ takedown/ terminate the User account and block them from registering with the Platform.
All the Content uploaded, shared, posted and commented on the Platform must be in adherence with all applicable laws including the laws of users jurisdiction.
Gramophone may update the Community Guide Lines from time to time to evolve with community behaviour, govern laws, mitigate emerging risks, and keep the Service a safe place for its users.
Gramophone does not allow dangerous individuals, terrorists, dangerous group/s or organizations and terrorist groups/ organizations to use the Platform to promote terrorism, crime, dangerous and illegal activities or other types of behaviour that could cause harm to others or entice users to promote such dangerous individuals or groups or illegal activities.
1.Other dangerous individuals and organizations
Dangerous individuals and organizations are those that commit crimes or entice others to cause harm and or commit crimes. The types of groups/ organizations and crimes include, but are not limited to:
(i) hate groups
(ii) extremist organizations
(iv) human trafficking
(v) organ trafficking
(vi) arms trafficking
(vii) drug trafficking
(viii) kidnapping, extortion
(x) money laundering
(xiii) Any other crime not specifically mentioned but are criminal/cognizable in nature
User must not under any circumstance post, share or upload names, symbols, logos, flags, slogans, uniforms, gestures, portraits or other objects meant to represent dangerous individuals and/or organizations, or content that praises glorifies or supports dangerous individuals and/or groups/ organizations and their activities.
Gramophone prohibits the trade, sale, promotion, advertisement, endorsement or use of certain regulated goods, as well as the depiction or promotion of illegal activities. Some content may be removed if it relates to activities or goods that are illegal or regulated in the jurisdiction of the posting or in the majority of the region or world, even if the activities or goods in question are legal in the jurisdiction of posting. Gramophone may at its discretion and depending on the manner of the depiction allow exceptions for content that provides value to the public, such as Agri related, educational, scientific, artistic, and newsworthy content.
Criminal activities cover a wide spectrum of acts punishable by law, including but not limited to violence, theft, assault, human exploitation, and other harmful behaviour.
You must not post content that promotes acts of physical harm, such as assault or kidnapping, risks the safety of others, including pranks like swatting, promotes human exploitation or wildlife trafficking, offers the purchase, sale, or trade of unlawfully acquired goods, provides instructions on how to conduct criminal activities.
Gramophone does not allow the depiction, trade or promotion of any weapons including but not limited to firearms, ammunition, firearm accessories, or explosive weapons or instructions on how to manufacture or use those weapons.
Gramophone does not allow content that depicts the use or consumption or trade of drugs or other controlled substances.
You must not post content that displays drugs, drug consumption, or encourages others to make, use, or trade drugs or other controlled substances, sells, offers, trades, or solicits or provides information on how to buy or procure drugs or other controlled substances.
You must not post content that promotes phishing, ponzi or pyramid schemes, fixed betting, get-rich-quick schemes, or any other types of scams.
Gramophone does not allow content that is excessively gruesome or shocking, especially that promotes or glorifies abject violence or suffering.
1.Violent and graphic content: Human
You must not post, upload or share content that is shocking, sadistic, or excessively graphic, including but not limited to depictions of violent or accidental deaths involving real people, dismembered, mutilation, charred, or burned human remains gory content or other severe acts of physical violence.
2.Violent and graphic content: Animals
You must not post content that depicts killing or slaughtering of animals, acts of torture or abuse to animals whether dead or alive, sale or trading of wild animals and endangered species, corpses or animal parts, organized animal fighting any other form of animal cruelty.
Gramophone does not promote or permit users to promote participate in activities that could lead to harm. Gramophone does not allow content that promotes self-harm or suicide.
You must not post content that displays suicide, suicidal tendencies, mocking of people who have committed self-harm or attempted or died by committing suicide or encourages participation in similar actions, provides instructions on how to commit suicide, praises, promotes, or glorifies suicide, or any form of suicide challenges.
However, Gramophone permits content that provides support, resources, or coping mechanisms for those going through suicidal tendencies.
You must not post content normalizing, encouraging, or triggering self-harm behaviour, content that shows self-inflicted wounds provides instructions on how to commit self-harm supports pro-ana or other dangerous behaviour to lose weight.
You must not post content that encourages, promotes, or glorifies risky behaviour or activities, including amateur stunts or dangerous challenges, inappropriate use of dangerous tools, depicts drinking liquids or eating substances not meant for consumption, dangerous challenges that might lead to injury, minors below the lawful age operating motor vehicles or engaged in any dangerous challenges or stunts.
Gramophone does not tolerate content that attacks or incites violence against an individual or a group of individuals on the basis of their attributes, race, religion, ethnicity, religious beliefs/ affiliation, gender, serious illness/ disease or disability. Hate speech is content that does or intends to attack, threaten, incite violence against, or dehumanize an individual or a group of individuals on the basis of protected attributes/characteristics. Gramophone does not permit any hate speech and also does not allow content that verbally or physically threatens violence or depicts harm to an individual or a group based on their race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, immigration status. You must not post content that dehumanizes or incites violence or hatred against individuals or groups, based on the attributes listed above, including but not limited to claiming that they are physically or morally inferior, calling for or justifying violence against them, claiming that they are criminals, referring negatively to them as animals, inanimate objects, or other non-human entities, promoting or justifying exclusion, segregation, or discrimination against them.
You must not post content that promotes any hateful ideologies by talking positively about or displaying logos, symbols, flags, slogans, uniforms, salutes, gestures, portraits, illustrations, or names of individuals related to these ideologies, denies well-documented and violent events have taken place, music or lyrics that promote hateful ideologies.
You must not use slurs or other derogatory terms intended to disparage an ethnicity, race, or any other protected attributes listed above.
You must not post content that threatens an individual with violence, wishes death, serious disease, physical, or other harm on an individual, incites violence or coordinated harassment, sexually harasses a user by disparaging their sexual activities or attempting to make unwanted sexual contact, disparages a private individual on the basis of attributes such as intellect, appearance, personality traits, or hygiene, praises violent tragedies and disparages their victims.
You must not post content that reveals or threatens to reveal personally identifiable information, including but not limited to a residential address, private email address, private phone number, bank statement, social security number, or passport number, sexual imagery or non-consensual intimate imagery.
Gramophone does not allow sexually explicit or gratifying content on the Platform, including animated content of this nature. Other type of content that are expressly barred to be uploaded, shared, or posted by user are as under:
(i) Content on molestation and nonconsensual sexual act (rape/ gang rape);
(ii) Revenge pornography;
(iii) Videos exposing private parts of males, females, transgender’s;
(iv) Bestiality or promotion of bestiality;
(v) Usage, display or promotion of sex toys and sex stimulant medicines;
(vi) Masturbation or foundling of genitals, breast or buttocks;
(vii) Content that depict, entice, or promote acts of sexual solicitation and sexual objectification;
(viii) Any sexual content that depicts penetration, non-penetrative sex, oral sex;
(ix) Any other content which is barred by the laws of user’s jurisdiction;
Gramophone does not allow any user to upload and or share unauthenticated information presented as news. In event, it is found or brought to Platform’s attention that an user has uploaded and or shared fake news whether intentionally or unintentionally, in or der to order to harm some individual/ group/ organization/ company’s reputation or damage their social or political or monetary standing the Platform at its sole discretion and without notice to the user take down/ delete such content/ fake news uploaded and or shared and further consider to disable/ delete the account of the user spreading such fake news.
Gramophone has zero-tolerance for predatory or grooming behaviour toward minors. Gramophone does not allow content that depicts or disseminates child abuse, child nudity, or physical/ sexual exploitation of children.
Users must meet minimum age requirements to use the Service as stipulated in the User Agreement. When underage account holders are identified, Gramophone removes their accounts from the Platform.
You must not post/ upload/ share content that involves minors in any sort of sexual act or sexual abuse.
You must not post/ upload/ share content that depicts minors consuming, possessing, or suspected of consuming alcohol, alcoholic beverages, drugs, or tobacco.
You must not post/ upload/ share content that depicts physical or psychological abuse involving minors.
You must not post content that encourages, instructs, or justifies grooming behavior, engages a minor in a sexually explicit conversation, incentivizes or blackmails a child to transmit sexually explicit material, sexually objectifies minors, contains sexual or erotic language involving minors.
Gramophone does not permit activities such as spamming, impersonation, and disinformation campaigns. Content or activity that seeks to artificially inflate popularity on the platform is prohibited. We also prohibit any attempts to manipulate platform mechanisms to increase interaction metrics.
You must not post as another person or organization by using someone else’s name, biographical details, or profile picture in a misleading manner.
You must not post misinformation meant to incite fear, hate, or prejudice, that may cause harm to an individual’s health, such as misleading information about medical treatments, hoaxes, phishing attempts, or manipulated content meant to cause harm, content that misleads community members about elections or other civic processes.
You must not post content that violates or infringes someone else’s copyrights, trademarks, or other intellectual property rights.
We may revise, supplement, update and otherwise modify these community guidelines from time to time. Any updates, revisions, supplements, and modifications will be updated on the Platform and a notification to this effect will be updated/ reflected in the community guidelines section. We hereby recommend that users periodically check the Platform to keep himself/ herself updated on the revised community guidelines. Your continued use of the Services on or through the Platform will be deemed to constitute your acceptance of the community guidelines (including revisions thereof).