PRIVACY POLICY

The website www.GrowKosh.in and its mobile application (each a "Platform") enables sellers to list and offer to sell their products to various buyers without any kind of intervention from GrowKosh. GrowKosh recognizes the importance of privacy and maintaining the confidentiality of personal information. This Privacy Policy ("Privacy Policy") applies to all products and services provided by GrowKosh and sets out how GrowKosh may collect, use and disclose information in relation to User(s) of the Platform. The purpose of this policy is to ensure the protection of personal data and sensitive personal data or information in compliance with the Information Technology Act, 2000 (as amended from time to time), and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws in relation to data protection. All Users must read and understand this Privacy Policy as it has been formulated to safeguard the User’s privacy. This Privacy Policy also outlines the ways the Users can ensure protection of their personal identifiable information. You must accept the contents of this Privacy Policy in order to use or continue using our Platform.

User(s) may use GrowKosh's services and products via a mobile device either through mobile applications or mobile optimized websites. This Privacy Policy also applies to such use of GrowKosh’s services and products.

All capitalized terms not defined in this document shall have the meanings ascribed to them in the Terms of Use of the Platform, which can be found here. The contracting entity shall be GrowKosh Services Private Limited (herein after referred to as ‘GrowKosh’ or ‘us’, ‘we’ or ‘our’).

1.         COLLECTION OF INFORMATION

a.     User(s) privacy is important to GrowKosh and GrowKosh has taken steps to ensure that GrowKosh does not collect more information from User(s) than is necessary for GrowKosh to provide User(s) with GrowKosh’s services and to protect User’s account.

b.     Information including, but not limited to, User(s) name, address, phone number, fax number, email address, gender, date and/or year of birth and user preferences and Sensitive Personal Data ("Registration Information") may be collected at the time of User registration on the Platform.

Sensitive personal data or information of a person means such personal information which consists of information relating to:

(i) password;

(ii) financial information such as Bank account or credit card or debit card or other payment instrument details ;

(iii) physical, physiological and mental health condition;

(iv) sexual orientation;

(v) medical records and history;

(vi) Biometric information;

(vii) any detail relating to the above clauses as provided to body corporate for providing service; and

(viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise:

provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of this policy.

c.     In connection with any communication or transaction and payment services or any other services that you may avail using the Platform, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information from cheques or money orders ("Account Information") may be collected, among other things, to facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the Platform, if applicable.

d.     GrowKosh records and retains details of Users’ activities on the Platform. Information relating to communication or transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information, any dispute records and any information disclosed in any communication forum provided by us and/or other affiliated companies of GrowKosh ("Activities Information") may be collected as and when the communication and / or transactions are conducted through the Platform.

e.     GrowKosh records and retains records of GrowKoshs’ browsing or buying activities on Platform including but not limited to IP addresses, browsing patterns and User behavioural patterns. In addition, we gather statistical information about the Platform and visitors to the Platform including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together "Browsing Information").

f.      Registration Information, Account Information, Activities Information, and Browsing Information are collectively referred to as User Data.

g.     It is mandatory for User(s) of the Platform to provide certain categories of User Data (as specified at the time of collection). In the event that the User(s) do not provide any or sufficient User Data marked as mandatory, GrowKosh may not be able to complete the registration process or provide such Users with GrowKosh’s products or services.

 

2.         USE OF USER DATA

If you provide any User Data to GrowKosh, you are deemed to have authorized GrowKosh to collect, retain and use that User Data for the following purposes:

a.     verification of User’s identity;

b.     processing User’s registration as a user, providing User(s) with a log-in ID for the Platform and maintaining and managing User’s registration;

c.     providing User(s) with customer service and responding to User(s) queries, feedback, claims or disputes;

d.     to enable communication between Users on the Platform and / or processing Users transactions on the Platform;

e.     performing research or statistical analysis in order to improve the content and layout of the Platform, to improve GrowKosh’s product offerings and services and for marketing and promotional purposes;

f.      subject to applicable laws, GrowKosh (including our affiliated companies and their designated Service Providers may use User’s name, phone number, residential address, email address, fax number and other data ("Marketing Data") to provide notices, surveys, product alerts, communications and other marketing materials to User(s) relating to products and services offered by GrowKosh or GrowKosh’s affiliated companies;

g.     if User(s) voluntarily submit any User(s) information or other information to the Platform for publication on the Platform through the publishing tools, then User(s) are deemed to have given consent to the publication of such information on the Platform; and

h.     making such disclosures as may be required for any of the above purposes or as required by law, regulations, and guidelines or in respect of any investigations, claims or potential claims brought on or against us or against third parties.

 

3.         DISCLOSURE OF USER DATA

a.     User(s) further agrees that GrowKosh may disclose and transfer User(s) Data to third party service providers (including but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment extension services, authentication and verification services and logistics services) ("Service Providers"). These Service Providers are under a duty of confidentiality to GrowKosh and are only permitted to use User(s) Data in connection with the purposes specified in clause 2 herein above.

b.     User(s) agree that GrowKosh may disclose and transfer User(s) Data to GrowKosh’s affiliated companies and/or their designated Service Providers.

c.     When necessary GrowKosh may also disclose and transfer User(s) Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations.

d.     Any User(s) Data supplied by User(s) will be retained by GrowKosh and will be accessible by our employees, any Service Providers engaged by GrowKosh and third parties referred to in clause 3(a) herein above, for or in relation to any of the purposes stated in Clause 2 herein above.

e.     All voluntary information provided/uploaded such as products, images, remarks, feedbacks etc. by User(s) on the Platform may be made publicly available on the Platform and therefore accessible by any internet user. Any voluntary information that User disclose to GrowKosh becomes public information and User relinquishes any proprietary rights in such information. User(s) should exercise caution when deciding to include personal or proprietary information in the voluntary information that User(s) submits to GrowKosh or uploads on the Platform.

f.      GrowKosh may share User Data with third parties, including, but not limited to, banks, financial institutions, credit agencies, or vendors to enable such third parties to offer their products or services to such Users. While GrowKosh shall endeavour to have in place internal procedures to keep User Data secure from intruders, there is no guarantee that such measures/procedures can eliminate all of the risks of theft, loss or misuse.

g.     GrowKosh may establish relationships with other parties and websites to offer User the benefit of products and services which GrowKosh does not offer. GrowKosh may offer you access to these other parties and/or their websites. This Privacy Policy does not apply to the products and services enabled or facilitated by such third parties. The privacy policies of those other parties may differ from GrowKosh and GrowKosh has no control over the information that User may submit to those third parties. User(s) should read the relevant privacy policy for those third parties before responding to and availing any offers, products or services advertised or provided by those third parties. 

 

4.         RIGHT TO UPDATE USER DATA

Under the applicable laws, User(s) have the right of access to personal information held by GrowKosh and to request updating / correcting the information.

5.         COOKIES

GrowKosh, and the third parties with whom we partner, uses "cookies", “pixel tags”, “web beacons”, mobile device IDs, “flash cookies” and similar files or technologies to store specific information about User(s) and track User(s) visits to the Webites. A "cookie" is a small amount of data that is sent to User’s browser and stored on User’s device. If User does not deactivate or erase the cookie, each time User uses the same device to access the Platform, our services will be notified of User visit to the Platform and in turn GrowKosh may have knowledge of User(s) visit and the pattern of User’s usage.

Generally, GrowKosh use cookies to identify User(s) and enable GrowKosh to i) access User’s Registration Information or Account Information so User(s) do not have to re-enter it; ii) gather statistical information about usage by Users(s); iii) research visiting patterns and help target advertisements based on User(s) interests; iv) assist GrowKosh’s partners to track User(s) visits to the Platform and process orders; and v) track progress and participation on the Platform.

User(s) can determine if and how a cookie will be accepted by configuring the browser which is installed in User’s device. If User(s) chooses, User(s) can change those configurations. If User(s) reject all cookies by choosing the cookie-disabling function, User may be required to re-enter information on the Platform more often and certain features of the Platform may be unavailable. Third parties whose products or services are accessible or advertised through the Website, including social media sites, may also use cookies or similar tools, and we advise you to check their privacy policies for information about their cookies and the practices followed by them. We do not control the practices of third parties and their privacy policies govern their interactions with you.

6.         MINORS

The Platform and its contents are not targeted to minors (those under the age of 18). However, GrowKosh has no way of distinguishing the age of individuals who access our Platform. If a minor has provided GrowKosh with personal information without parental or guardian consent, the parent or guardian should contact GrowKosh’s legal department at the address set out in clause 11 below to remove the information.

7.          SECURITY MEASURES

GrowKosh employs commercially reasonable security methods to prevent unauthorized access to the Platform, to maintain data accuracy and to ensure the correct use of the information GrowKosh holds. No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while GrowKosh tries to protect the information GrowKosh holds, GrowKosh cannot guarantee the security of any information the User transmits to GrowKosh and User(s) do so at their own risk. We recommend you not to disclose password of your email address, online bank transaction and other important credentials to our employees / agents / affiliates/ personnel, as we do not ask for the same. We recommend that registered Users not to share their site’s account password and also to sign out of their account when they have completed their work. This is to ensure that others cannot access Information of the users and correspondence, if the User shares the computer with someone else or is using a computer in a public place. GrowKosh will adopt all reasonable security practices and procedures as required under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

8.          DATA RETENTION

GrowKosh takes every reasonable step to ensure that User’s personal information is processed ‘as is’. You may access, correct, and update your personal information directly through the functionalities provided on the Platform.

You have an option to withdraw your consent that you have already provided by writing to us at the contact information provided below. Please mention “for withdrawal of consent” in the subject line of your communication. GrowKosh will verify such requests before acting upon your request. Please note, however, that withdrawal of consent will not be retroactive and will be in accordance with the terms of this Privacy Policy, related terms of use, and applicable laws. In the event you withdraw the consent given to us under this Privacy Policy, such withdrawal may hamper your access to the Platform or restrict the provision of our services to you for which GrowKosh considers that information to be necessary.

9.          USER'S RIGHTS

GrowKosh retains your personal information in accordance with applicable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, GrowKosh may retain data related to you if it believes it may be necessary to prevent fraud or future abuse, to enable GrowKosh to exercise its legal rights and/or defend against legal claims or if required by law or for other legitimate purposes. GrowKosh may continue to retain your data in anonymised form for analytical and research purposes.

10.      CHANGES TO THIS PRIVACY POLICY

Any changes to this Privacy Policy will be communicated by us posting an amended and restated Privacy Policy on the Platform. Once posted on the Platform the new Privacy Policy will be effective immediately. By using our Service, you are deemed to have read, acknowledged and accepted all the provisions stated herein this Privacy Policy & Disclaimer, including any changes that we may make from time to time. User(s) agrees that any information GrowKosh holds about User (as described in this Privacy Policy and whether or not collected prior to or after the new Privacy Policy became effective) will be governed by the latest version of the Privacy Policy. 

11.      GRIEVANCE OFFICER

In accordance with the Information Technology Act 2000 and the rules made there under, the name and contact details of the Grievance Officer are provided below:

 

Name: Sangam Vishwakarma / Shashi Kant

Phone: +91 – 9004884473/9004484283
Email: mfr.ops@ekosh.in /agri.ops@ekosh.in
Time: Mon – Fri (09:00 AM – 06:00 PM)

12.      OVERRIDING EFFECT

Notwithstanding anything contained in this policy, to the extent that there is any inconsistency/ discrepancy between the policy and any statute (including Information Technology Act, 2000 (as amended from time to time), and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011), the statutory provisions will prevail and supersede the policy. Further, any matter related to the policy, if not covered herein, will be dealt in the manner prescribed under the applicable laws (including the Information Technology Act, 2000 (as amended from time to time), and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011).