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Privacy Policy
The Policy was last updated on 20 November 2024.
1. Purpose
1.1 Modish Tractoraurkisan Private Limited, a company registered under the Companies Act, 2013, and having its registered office at Plot No. 17-C, Sharma Colony Extn., Road No. 4, 22 Godam Industrial Area, Jaipur, Rajasthan, India, 302006 (“Company”, “We”, “Us” or “Our”) is inter alia, engaged in the business of selling a comprehensive array of agriculture equipment and machinery such as cultivator, cultivator spring, tractor disc, disc plough, agriculture harrow, etc. (“Products”). These may be made available for purchase to the User through Our website ‘www.balwaan.com’ (“Platform”). These Products are made available to the Users to view and/ or purchase through Our Platform, and We sell Our own Products and not of any other party.
1.2 Any entity, individuals, or any other visitor using the Platform (merely browsing the Platform) shall be referred to as “You”, “Your”, “Yourself” or “User”, as may be required.
1.3 This Privacy Policy (“Policy”) outlines Our practices, policies and privacy terms, the kinds of information that We may collect from You when You access or use Our Platform, the reasons for and methods for collection, how We use and disclose the information that We gather from You for the use of the Platform, as well as the security practices and procedures for safeguarding Your privacy in relation to the information shared with Us. The Users agree to be bound by the terms and conditions of this Policy by accessing and using the Platform, which will be deemed to create a legal contract between the Users and Us. It is recommended that You read and update themselves with any modification to this Policy carefully so that You understand Our policies and practices.
1.4 This Policy must also be read in conjunction with and construed in accordance with the applicable laws of the country from which You access and use the Platform, including without limitation, the provisions of the Information Technology Act, 2000 of India read with other applicable rules. This Policy is officially recognised as an electronic contract between the Company and You.
1.5 We reserve the right to amend, change or update this Policy at our discretion. The Users agree to be bound by any updated policies with the Users continued access and/or use of Our Platform and subsequently Our Services after any such changes have been duly notified in any form to the Users. We recommend that the Users shall update their details with their active and correct email address with Us for smooth communication. We will not be liable in case the registered email is inactive, incorrect or not updated for any claims regarding and not limited to communication gaps, liabilities and legal claims with regard to this Policy.
1.6 Further, We do not sell, rent, publish or share the User’s Data (as defined in Clause 4), nor do We intend to do so. We do not give access to the User’s Data to third parties in any situation whatsoever.
2. NOTICE
2.1 Your usage of the features or functionalities on Our Platform implies their acceptance to the terms and conditions outlined in this Policy. Further, by providing Your explicit consent and by using the Platform, You acknowledge that You have been duly informed about the User Data being collected, the purpose for usage and processing of such information as provided hereunder.
2.2 In furtherance of the above, please note that, in addition to rights available under applicable laws, the Users have the right to grievance redressal, and the right to withdraw their consent in a manner as laid down hereunder.
3. USER DECLARATIONS
3.1 You, as a User, understand and have the knowledge that Information is being collected.
3.2 You, as a User, understand and have the knowledge of the purpose for which Your Information is being collected and displayed on Our Platform.
3.3 You, as a User, understand and have the knowledge of the intended recipients of the Information.
3.4 You, as a User, understand that You have the option not to provide the Information sought to be collected by Us.
3.5 You, as a User, understand that You have an option (while availing the Our Services or accessing the Platform or otherwise) to withdraw Your consent given earlier to Us and You understand and accept that such withdrawal of Your consent shall be sent in writing and in such an event. However, upon withdrawal of Your consent, You shall have limited access to the Platform.
3.6 You, as a User, have read and understood this Policy and all other policies governing the usage of the Platform.
3.7 By agreeing to the terms of this Policy, You, as a User, hereby give Your explicit consent and agree to Our collection and processing of Your Information for the purposes given herein.
4. COLLECTION AND USE OF USER DATA
4.1 Sharing Your Information is entirely voluntary. You need not register with Us, however, if You do not register with us, You may have limited access to Our Platform.
4.2 Upon Your request We will remove Your Information from Our database. However, Your Information may remain stored in archive on Our servers in accordance with applicable laws. You may lose access to Our Platform.
4.3 “User Data” or “Information” means and includes any and all information that can be linked to a specific individual or to identify any individual or any entity, such as name, address, mailing address, telephone number, email ID, password, financial information such as bank account details, credit or debit card details or any other payment instrument details and such other information that may have been voluntarily provided by the Users in connection with availing any of the Services provided by the Company.
4.4 The Company shall ask the Users to provide only such User Data which is for lawful purpose, in accordance with the Indian laws and is necessary to be collected by Us. The Users are required to sign up to access the Platform and create a user profile (hereinafter referred to as the “Profile” or “Account”) which shall require the Users to share personal data like name, mobile number, email address, passwords, and any other personal data as may be required by Us.
4.5 You have the right to temporarily disable Your Account or permanently terminate Your Account at any time by contacting Us at info@balwaan.com. Further, please note that the disablement of Your Account is not a withdrawal of Your consent to process and store Your Information.
4.6 If We plan to use Your Information for any commercial purposes, We will notify You at the time of using your Information for any commercial purposes and allow You to opt-out of having Your Information used for those purposes as may be required under applicable laws.
5. DISCLOSURE AND RETENTION OF USER DATA
The User Data may only be used for the purpose(s) for which the Company has collected the same or for which, required consent has been obtained by the Company from the User. The User Data may only be retained for such periods of time as it is required to fulfil the purpose for which it was obtained. The Company does not sell, intends to sell, share, rent or trade the User Data collected from the User.
5.1 Disclosure of User Data
The Company collects, uses, processes, stores, discloses and/or transfer the User Data in compliance with the applicable laws.
The Company may use/ disclose User Data for the following:
i. to perform the Services that are requested by the User;
ii. provide an enhanced user experience through research and development of new products/ services on the Platform;
iii. for internal business purposes;
iv. make suggestions and recommendations to the User about the Services that may be of User interest (by using your email address and mobile number or by SMS);
v. for purposes disclosed at the time the User provides information or as otherwise set forth in this Policy;
vi. respond to Your requests;
vii. understand and analyse how you use our website;
viii. protect Our rights, property or safety of Our users and the public. Information may be disclosed, where the disclosure is necessary for compliance of a legal obligation under applicable law;
ix. wherever the Company may deem fit Provide, operate, improve, personalize, and expand our website and maintain our Platform,
x. to develop new products, services, features, and functionality in relation the Platform,
xi. to communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes;
xii. wherever the Company needs to comply with a legal or regulatory obligation where in the Information may be disclosed to any Person, if such disclosure is required for a lawful purpose connected with a function or activity of Platform. This may include but is not limited to (i) satisfying any applicable law, regulation, legal process, or governmental request; (ii) enforcing this Policy, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues;.
5.2 Third Party Disclosures
The Company may share User Data with such entities or individuals and in such manner as detailed below:
i. The Company uses third-party service providers to deliver certain aspect of our services including but not limited to the Platform, processing payments, providing geolocation services and such other similar services in accordance with applicable laws.
ii. Each of these third parties are required to ensure the same level of data protection as the Company and are obligated not to disclose or use the User Data in accordance with applicable laws.
iii. Certain aspects of the Services may be provided to the User in association with third parties who qualify as our business partners, and the Company may share the User Data with such business partners in association for fulfilment of the Services. If the User chooses to procure such Services, the User provides unconditional and complete consent to providing such User Data to our business partners and shall also be governed by the privacy policy of such third parties.
iv. The Company may disclose User Data to law enforcement authorities, regulators, governmental or public bodies and other relevant third parties to comply with any legal or regulatory requirements. The Company may also disclose User Data, if the Company determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. The Company may also disclose User Data if it determines that disclosure is reasonably necessary to enforce terms and conditions of the Company or protect its operations or its Users.
v. The Company may choose to sell, transfer, or merge parts of our business or our assets, alternatively, we may seek to acquire other businesses or merge with them. If a change happens to the business, then the new owners may have access to or use User Data in the same way as set out in this Policy.
vi. Further, we may share User Data, with our parent, subsidiaries and affiliates for internal reasons, including business and operational purposes.
5.3 Retention of User Data
i. The Company shall only retain User Data for as long as necessary to fulfil the purposes the User Data was collected for, including for the purposes of satisfying any legal, accounting, or reporting requirements, resolve disputes, conclude any activities related to cancellation of an account, investigate, or prevent fraud and other inappropriate activity, to enforce our agreements and for other business reasons.
ii. The Company may or will retain User Data for as long as the User’s account is active on the Platform after signing up and accordingly the User accesses the Services provided by the Company.
5.4 Retention Period of User Data
The Company at its sole discretion and in accordance with applicable laws determines appropriate retention period for User Data, it may consider the amount, nature, and sensitivity of the User Data, the potential risk of harm from unauthorised use or disclosure of User Data, the purposes for which the Company processes the User Data and whether the Company may or can achieve those purposes through other means, and the applicable legal requirements.
6. ACCESS TO USER DATA, CHANGES TO USER DATA, COLLECTION AND USE OF USER DATA
In accordance with applicable laws: The User may inquire as to the nature of User Data stored or its processing by the Company and the User will have the right to review their User Data and make corrections or updates, request data blocking where applicable or to object, for legitimate reasons, to the processing of the User Data. The User may also have the right to withdraw their consent, if necessary, to the collection, use, retention, and disclosure of User Data, subject to acceptance of such withdrawal by the Company.
7. WE MAY ALSO COLLECT THE FOLLOWING INFORMATION
i. About the pages on the Platform that You visit / access;
ii. The links You click on Our Platform;
iii. The number of times You access Our Platform;
iv. Information pertaining to all transactions on the Platform;
v. The date and time You access Our Platform;
vi. The Platform address, if any, that linked You to Our Platform;
vii. The type, model of the mobile device and relevant system information;
viii. Access to the camera of Your electronic device and location of such device;
ix. Any other information that may be required by Us to provide Our Services.
8. USE OF INFORMATION
You agree, acknowledge and expressly consent Our use of the Information, We collect are in the manner (including but not limited to) as follows:
i. Ensuring the services are presented in the most efficient manner for Your use;
ii. Provide, operate, and maintain Our services;
iii. Administration of Our Platform and business;
iv. Improve, personalize, and expand Our services;
v. Understand and analyse how You use Our services;
vi. Develop new products, services, features, and functionality;
vii. Communicate with You for customer service, or to provide You with updates and other Information relating to the Service, and for marketing and promotional purposes;
viii. Send You non-marketing commercial communications;
ix. Send You email notifications that You have specifically requested;
x. Process Your transactions;
xi. Marketing and promotion of Our services and the Platform;
xii. Send You text messages and push notifications;
xiii. Find and prevent fraud;
xiv. For compliance purposes, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency;
xv. Deal with enquiries and complaints made by or about You relating to Our Platform;
xvi. Verify compliance with the terms and conditions governing the use of Our Platform.
xvii. Verify one-time passwords sent You via any means.
xviii. Contact on their meal feedback, wallet money withdrawal, account deactivation request raised through application support.
xix. Contact organization through entity or admin contact information to communicate regarding billing and invoice related information.
9. GENERALLY, WE USE ANONYMOUS TRAFFIC INFORMATION TO
i. Remind Us of who You are in order to deliver to You a better and more personalized service;
ii. Recognize Your access privileges to Our Platform;
iii. Track the data/information You enter on Our Platform for some of Our promotions;
iv. Help diagnose problems with Our server;
v. Administer Our Platform;
vi. Track Your session so that We can understand better how people use Our Platform.
vii. Track and identify challenges on troubleshooting and fixing such issues.
10. DATA SECURITY
10.1 The Company adheres to the highest regards and concern for the privacy of the User(s) and hence takes all possible and reasonable measures to store and secure the User Data and any other information so collected by the Company from the Users. The Company uses a variety of physical, technical, and administrative measures to safeguard User Data in its possession against any loss, theft, and unauthorized use, disclosure, and modification to the User Data.
10.2 The Company on its own, systematically evaluates the security risks, considering the impact of threats and vulnerabilities of the User Data. However, it also acknowledges that the transfer of any and all data through the internet or other open networks is never completely secure and there is a risk that your personal data may be accessed by unauthorised third parties.
10.3 We also aim to maintain its security, integrity, and privacy. To protect User Data and to aid in preventing unauthorised access, We put in place the necessary physical, electronic, and managerial safeguards in addition to safeguards as laid down under applicable laws. As no method of data transmission or protection is 100% safe, We cannot guarantee perfect security. Additionally, We are not liable for any security lapses or the deeds of any third parties who obtain Your Information, due to uncontrollable internal and external factors.
10.4 The Users shall also note that, if the User allows any third person/ party to access its account (including other third person/ party to setup account under its personal information), then the third person/ party may be able to access, modify, amend and disclose the User Data. In the occurrence of any such event(s) the Company shall not be liable for any breach or liability on its behalf.
10.5 Password protection is a crucial component of the security of Your Information. You must take care not to reveal Your Account login information to any other parties or third parties and must keep Your login information, including Your password and one-time-passwords (OTPs) private. You are ultimately in charge of protecting the confidentiality of Your Account login details and OTPs, even though We will use our best efforts to ensure the highest level of security for Your information. If You suspect that someone else knows Your password, OTPs or You discover unauthorised use of Your Account, or You become aware of any other security lapses, kindly let Us know right away. You may connect with Us at [•] for any such security lapses.
10.6 We cannot guarantee security in transfers and transactions of Your Information to Us through the means of the internet. We suggest that You shall ensure to take adequate safety practices to protect Your Information, as transfer of information on and through the internet is not fully secured. Any unauthorized use of Your Information or any suspicious activity on Your account is not Our responsibility and cannot be held against Us. By utilizing Our Platform, You acknowledge and accept that We are not responsible for any disclosure of Your Information caused by transmission mistakes or unauthorized acts of third parties.
11. POLICY FOR CHILDREN
11.1 We do not knowingly solicit Information from or provide Services to children under the age of eighteen (18) or person with any disability. We do not undertake processing of Information that is detrimental to the well-being of the children, nor do We undertake tracking or behavioural monitoring of children or targeted advertising directed at children.
11.2 However, if anyone below the age of eighteen (18) years subscribes to Our Services, then We would require a verifiable consent from such subscriber’s parent or guardian permitting the collection, storage and sharing of personal information of such subscriber as per the terms of this Policy.
11.3 If You are a parent or guardian and have become aware of any data that Your child has provided and We have collected from children under age eighteen (18) years, please contact Us using the contact information provided below and We will take appropriate action for deletion of such Information.
12. EXCLUSIONS
12.1 We reserve the right to terminate accounts of minors, as understood pursuant to the laws of Your/ Our jurisdiction (“Minor”), who are using Our services, if We believe that the environment around Our Platform is not safe for a Minor, at Our discretion. Please do not submit any Information through the services and/ or Our Platform if You are a Minor, as You will not be allowed to utilise the services or the Platform, as the case may be. Please get in touch with Us if You think a minor may have provided Us with Information through the services, and We will do Our best to remove that data from Our records.
12.2 Any Information that We collect other than the Information collected through the Services is not covered by this Policy. Any Unsolicited Information (as defined below) that You send to Us by any unauthorised method, is not covered by this Policy. This includes, but is not limited to, any data submitted informally (“Unsolicited Information”) or posted in any public parts of the Platform. All Unsolicited Information will be regarded as non-confidential, and We may be allowed to distribute, disclose, and utilise it without any restriction or credit.
13. LINK TO THIRD PARTIES
13.1 It is expressly stated that this Policy covers only Our services provided through the Platform. Our Platform may link to other Third-Party websites or mobile applications (the “Third-Party Applications”) that are not under Our control or operation. Such websites and Third-Party Applications are not covered by this Policy. The privacy policies of any Third-Party Applications are not Our responsibility, and You shall be independently responsible for reading and updating Yourself with the terms and condition and privacy policy of such Third-Party platforms.
13.2 As previously mentioned, You have the option to login through the Third-Party Site such as Google, Microsoft etc. Please be informed that by choosing to access Our Platform through the Third-Party sites and widgets, You will be provided an option to share Your Information as contained under those Third Party’s site accounts and You have an option to opt out from sharing such information baring such information which is essential for Us to allow You access to use Our services and access Our Platform. However, You may not have access to Our Platform and the services provided by Us if You do not allow Us access to information which is essential for Us to permit usage of Our services and Our Platform. It shall be Your responsibility to update Yourself with the term of service and privacy policy of the Third-Party Site for the protection of Your data.
13.3 There may be links on the Platform to other programmes or websites. You accept and recognise that these applications and websites, with the exception of other platforms owned by Us, are run / operated by Third Parties and are not under Our control, affiliated with, or associated with Us unless clearly stated. As a result, We have no control over the privacy practises or policies of the software and websites that can be accessed via links from this Platform. You should get in touch with the organisations in charge of those websites directly if You have any questions about the privacy practises and policies of those Third-Party platforms.
14. COOKIES & CACHE
14.1 Cookie Data Usage and Storage: We use cookies and other tracking technologies. ‘Cookie’ is a packet of information stored on a browser by a server so it can be later read back. Similarly, when You return to the website or application or access it through another website, they recognise these cookies and therefore the device You are accessing Our Platform from. Cookies are used to store User preferences, their experiences of the Platform, so as to help Us understand the nature of usage of the services and generally improve Our services to You. Some cookies and other technologies may serve to recall Information previously indicated by a User. Most browsers allow You to control cookies, including whether or not to accept them and how to remove them.
14.2 You may set most browsers to notify You if You receive a cookie, or You may choose to block cookies with Your browser, however, please note that if You choose to erase or block Your cookies, You will need to re-authenticate Your original User ID and password to gain access to certain parts of the Platform.
14.3 Cache Data Storage: To enhance your experience and improve the performance of our services, We may store temporary data, also known as "cache data," on Your electronic device. This data helps to reduce loading times, remember your preferences, and provide faster access to frequently used features. The cache data we store may include, but is not limited to, session information, settings, or portions of frequently accessed content.
14.4 How We Use Cache Data:
i. Performance Improvement: Cache data is used to speed up the loading times and enhance the overall user experience.
ii. Session Management: We use cached data to remember Your preferences, login credentials (if applicable), and other session-specific information.
iii. Service Continuity: Cached data helps ensure that certain features of Our Services continue to work efficiently without requiring repeated data loading.
iv. User Control: You can control or clear cached data through the settings of Your electronic device or browser at any time. Please note that clearing cache data may affect Your experience by requiring re-login or resetting certain preferences.
v. Data Security: Cache data is stored locally on Your electronic device and is not shared with third parties. While we take measures to secure the data We store, We recommend that you regularly clear your cache to maintain the privacy and security of Your personal information.
vi. Our use of Cookies, Cache, any data stored on the Platform and other tracking technologies allows Us to improve Our Platform and Your experience with the Platform.
15. RIGHTS OF USERS
15.1 You fully accept and agree that Your Information may be processed in India (or any other local or foreign jurisdiction as per Our requirements) if You are using Our services. Laws governing privacy and data security may differ from or be less strict than those in force in Your jurisdiction. You hereby give Your explicit approval for this Policy to be followed in the processing of Your Information.
15.2 We value openness and are dedicated to upholding all of Our User’s privacy rights. Each User of Our Services has the following rights:
15.2.1 The Right to Access: You have the right to request copies and/or obtain access of Your Information to the extent as laid down below from Modish Tractoraurkisan Private Limited:
i. a summary of the Information which is being processed by Modish Tractoraurkisan Private Limited and the processing activities undertaken by Modish Tractoraurkisan Private Limited with respect to such Information;
ii. the identities of all other data fiduciaries (as defined under applicable laws) and data processors (as defined under applicable laws) with whom the Information has been shared by Modish Tractoraurkisan Private Limited, along with a description of the Information so shared; and
iii. any other information related to Your personal data and its processing, as prescribed under applicable laws.
15.2.2 However, We will not be obligated or required to share data contained in clause (ii) or clause (iii) of this sub-clause 15.2.1, where such sharing is pursuant to a request made in writing by such other data fiduciary (as defined under applicable laws) for the purpose of prevention or detection or investigation of offences or cyber incidents, or for prosecution or punishment of offences.
15.2.3 The Right to Rectification: In the event of any inaccurate or incomplete Information, You have the right to rectification, completion, or updating of the Information, as the case may be.
15.2.4 The Right to Erasure: Subject to certain conditions or for compliance with any law for the time being in force, upon Your request, We shall erase any Information as provided by You.
15.2.5 The Right to Withdraw: You have the right to withdraw Your consent to processing of Your data at any time. Please be advised that the same may result in the restriction of the complete Services and access to Our Platform.
15.2.6 The Right to Notification: You have the right to be notified regarding any rectification or erasure of Information or restriction of processing unless this proves impossible or involves disproportionate effort.
15.2.7 The Right to Opt-in: You have the right to give explicit consent for the processing of Your Information or the right to withdraw Your consent at any time.
15.2.8 The Right to Nominate: You have the right to nominate, any other individual, who shall, in the event of Your death or incapacity, exercise Your rights in accordance with the law.
15.2.9 The Right to grievance redressal: You shall have the right to have readily available means of grievance redressal provided by Modish Tractoraurkisan Private Limited regarding the performance of Our obligations in relation to the Information or the exercise of Your rights under applicable law.
15.3 If You choose to exercise any of the above rights, We will respond within seven (7) days. Please send any requests to info@balwaan.com.
15.4 You are recognized to exercise Your rights as per the applicable law of Your respective jurisdiction.
15.5 The aforesaid rights are exercisable upon sending an intimation to the grievance officer specified below.
16. NO IMPLIED WAIVER
Failure of the User to exercise or enforce any right under this Policy upon one or more occasions shall not constitute a waiver of the right to exercise or enforce the same or any other right on another occasion.
17. SEVERABILITY
If any of the term(s) of this Policy is nullified of made void by a written statement by the Company, the remaining conditions as far as possible shall remain in full force as applicable.
18. ACCEPTANCE
The User has read and understands this Policy and agrees that User’s access to website and the Services contract shall constitute User’s acceptance of the terms and conditions of this Policy only.
19. CHANGE IN LAWS:
Change in laws states occurrence of any of the following event during and/or after User’s sign up on the Platform:
a) The enactment of any new Indian laws;
b) The repeal, modification or re-enactment of any existing Indian Laws;
c) The commencement of any Indian Laws, which has not entered effect until the date of access.
20. JURISDICTION
This Policy and all the terms of this Policy to User are subject to all the applicable laws and regulations of India. Any actions or proceedings by the User against the Company shall only be brought in the courts of Jaipur, Rajasthan.
21. ENTIRE UNDERSTANDING
21.1 This Policy constitutes the entire understanding between the Company and the User in relation to the terms this Policy shall supersede any prior understanding or representation of any kind preceding the date of this Policy.
21.2 This Policy shall be read with the general terms and conditions for Customers, terms and conditions, cancellation policy and insurance policy (“Ancillary Documents”). If there exists any contradiction between the terms of this Policy and that of the Ancillary Documents in relation to User Data its access and usage, the terms of this Policy shall prevail, unless otherwise express in writing by the Company.
22. DISCLAIMER
22.1 We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the account and / omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
22.2 You expressly understand and agree that the use of the Services is at Your sole risk. We shall under no circumstances be responsible or liable for any information leak, data loss, data theft, data corruption or the illegal or wrongful usage of any data stored on our servers or third-party servers and/or data available on either of our Platform(s), as the case may be.
23. GRIEVANCE REDRESSAL
23.1 In accordance with the Information Technology Act, 2000 read with the rules made thereunder, and in accordance with the applicable laws of the country from which You access and use the Platform, the name and contact details of the Grievance Officer are provided below:
Name: Jatin Basantani
Email: Grievance@balwaan.com
23.2 If You have any grievance, then You may intimate the same to the above e-mail address in the manner explained below:
a) Sending a request in writing or through email signed with electronic signature identifying the grievance.
b) Your contact information like address, telephone number, email address, etc. where You can be contacted.
24. CONTACT US
If You have any questions about this Policy, You can contact Us:
a) By visiting this page on Our website: WWW.BALWAAN.COM; or
b) By sending Us an email: Info@balwaan.com
