TERMS OF SERVICE AND PRIVACY POLICY
- PRIVACY POLICY
We respect data privacy rights and are committed to protecting personal information collected on the App. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on this App.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE APP, AND PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT.SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO DMS_India@Syngenta.com. YOU REPRESENT THAT YOU HAVE OBTAINED EXPLICIT CONSENT FROM ANY INDIVIDUAL WHOSE PERSONAL INFORMATION IS SHARED BY YOUR USAGE OF THE APP.
This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with The Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under The Information Technology Act 2000 (“Privacy Rules”) that require publishing of privacy policy for the collection, use, storage and transfer of sensitive personal data.
A. Definition:
“User(s)”, “you”, “your” shall include any individual who registers and uses the App.
I. Personal Information Collected
For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify an individual, including but not limited to the name, mobile number, email address, address/location details, photographs, gender details, and other details as applicable.
i. To use the App, the User is required to share the mobile number, one-time password (OTP) will be generated, and upon completion of the OTP verification process, the User can sign into the App. In order to register and use theApp, the User has to provide information such as name, mobile number, residence address.
ii. The App may contain functionality that collects information about Your location, such as via GPS (global positioning systems), your mobile network, or bluetooth beacon. Syngenta may collect and use Your precise (or GPS) location information collected from the App to enhance your use of the App by providing You with curated information and Services.
iii. Syngenta may also collect the mobile device IP address or other unique identifier ("Device Identifier") for any mobile phone, tablet, or other device (any, a "Device") used to access the App. A Device Identifier is automatically assigned to Your Device, and our servers identify your Device by its Device Identifier.
iv. The App will not access your photos or camera without first getting your explicit permission. If You give us permission to access photos or Your camera, the App will only use images that You specifically choose to share with us. You may use the App to select the photo or photos you choose to share, Syngenta will never import the photos you review except those you explicitly share. At any time, you can manage your photos and camera preferences by turning off this feature in the Device settings of your mobile device.
v. When You access our App, we may direct you to third-party pages to facilitate additional services including but not limited to farmer loan facilities. Additional information may be collected and stored by a third-party service provider. Please note we do not request and collect financial information from our Users. Please note that we do not have any control over such other entities, and You will be providing such information at Your own risk.
In future, we may include other optional requests for information from the User including through user surveys in order to help customize the App and to deliver personalized information to the User and for other purposes.
II. Accuracy of information
User undertakes that it shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us whether of its own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that it has the necessary authority to share such Personal Information with Syngenta, obtained a written consent from such third party and Syngenta shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the Terms and Conditions of this Privacy Policy
III. Use of Personal Information
We use the Personal Information for the following purposes:
i. To complete the registration formalities and to create an account for the User;
ii. To provide User with the Services and to assist the User in the event the User needs any additional support;
iii. to inform Users about our products or upcoming events;
iv. for creation or development of business intelligence or data analytics (for this purpose we may share the Personal Information with certain software or tools available online);
v. to provide You with a better experience when you access our App;
vi. to maintain and manage our App;
vii. to manage our relationship with You;
viii. to assist the User with technical difficulties that may arise in relation to the User’s use and access to the App;
ix. To call the User to provide any service or specific request or to solicit certain Services;
x. for internal record keeping; and to comply with our legal or statutory obligations.
IV. Disclosures
We do not sell, rent, share, distribute, lease or otherwise provide Your Personal Information to third parties, without Your prior consent. However, in course of providing access to the App we may share Your personal Information. Accordingly, You expressly give your free consent to us to disclose or share your Personal Information in the following cases:
i. We may provide your Personal Information to our affiliates to enable them to improve the App, provide feedback and respond to their queries.
ii. We may share your Personal Information with the service providers such as but not limited to third-party lenders, drone spraying service providers, logistics partners and payment gateways, consultants who work with us in connection with operating the App and/ or providing the Services. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Policy.
iii. We may transfer your Personal Information if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the App, to a third party. Any such third party or resultant entity that receives Your Personal Information shall have the right to continue to use your Personal Information in line with the purposes set out herein. In the event of such a sale or transfer, we may notify You.
iv. Personal Information of the User may be shared with Syngenta internal business processes to enable Syngenta to improve services and offerings. The Personal Information may be shared/updated across Syngenta’s App ecosystem.
v. We may disclose Your Personal Information to governmental and public authorities for reasons of national security, law enforcement or other issues of public importance. Where legally permitted we will inform You ahead of such transfer. We may also disclose Personal Information if we determine in good faith that disclosure is necessary to protect our rights, resolve legal conflict, enforce our Terms and Conditions, investigate fraud or protect other Users.
V. Data Retention
We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
VI. Security
Your Personal Information is stored securely on a third-party service providers secure cloud infrastructure namely Amazon Web Services (“AWS”) Data Centers. Syngenta is committed to maintaining information security; we have a dedicated information security team and AWS also implements robust security practices. Although we provide App appropriate firewalls and protections, we cannot warrant the security of Personal Information transmitted as these systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we will take necessary measures to mitigate such events.
VII. Your Rights
You have the right to access Personal Information in our possession, right to have us rectify or modify any such Personal Information, right to have us erase/delete your Personal Information, right to restrict us from processing such Personal Information, right to object to our use of Personal Information, withdraw consent at any time where we are relying on consent to process Personal Information. Depending on the nature of the request, we may ask You to complete a Personal Information request form or seek certain details to verify the request. All requests for Personal Information will be handled within a reasonable period of time. If You would like to exercise any of these rights, please contact us on DMS_India@Syngenta.com.
VIII. Accessing and modifying Personal Information
In case Users that avail of our Services or use our App, need to access, review, and/or make changes to the Personal Information, Users may do so themselves on his/her user account or by requesting Syngenta ’s admin to do so.
IX. Links to other Websites
Our App may contain links to other websites or platforms/ App of your interest. Please note that we do not have any control over such other websites, and you will be accessing these websites at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/Apps and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites.
X. Choice and Opt-Out
We may send you communications including but not limited to (a) notices about your use of our App and Services, including those concerning violations of use, (b) updates, (c) promotional information regarding the Services and (d) newsletters. You may opt out of receiving promotional calls, emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing DMS_India@Syngenta.com with your specific request.
XI. Changes to this Policy
Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the App and indicate the date of the latest revision. If such modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our App.
This Privacy Policy was last modified on October 27, 2023.
INDEMNITY
You shall indemnify and hold harmless Syngenta , its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out or relating to: (i) your violation of any rights of any other person in connection with the App; (ii) infringement of any third party intellectual property rights; (iii) any breach of the Terms and Conditions of this Agreement; (iv) any breach of applicable law or violation of any laws and regulations.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SYNGENTA , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, INFORMATION, OR OTHER INTANGIBLE LOSSES (EVEN IF PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE APP OR THE SERVICE OR THE CONTENT POSTED ON YOUR USER ID, FROM INABILITY TO USE THE APP OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APP OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY ONLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICES THROUGH THE USER ID OR ANY LINKS ON THE APP, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICES. THESE LIMITATIONS SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SYNGENTA SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
GENERAL
14.1. These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Syngenta concerning your use of the App.
14.2. Syngenta reserves the right to update, modify or change these Terms and Conditions from time to time. If it does so, the updated version will be effective immediately, and the current Terms may be available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any updates/changes to the Terms and Conditions and you will be bound by any new policy/policies upon your continued use of the App.”
14.3. These Terms and Conditions shall be governed by and construed in accordance with India laws and regulations and you agree to submit to the exclusive jurisdiction of the courts at Pune.
14.4. If any provision(s) of these Terms and Conditions are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision) and all other provisions shall remain in full force and effect.
14.5. Syngenta’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Syngenta in writing.
14.6. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts Act 1972 or otherwise in favour of any person other than you, Syngenta and its group companies.
CONTACT US
If you have any questions or concerns or grievances regarding this Terms of Service and Privacy Policy, or wish to withdraw Your consent in relation to the processing of Your Personal Information you can reach out to our App via email at DMS_India@Syngenta.com or call us on 18001215315/02066845443/02066845426.