1. OVERVIEW

Emxcel Visitor Tracking Solutions Pvt. Ltd, a private limited company duly incorporated as per the provisions of the Companies Act, 2013 having its Registered Office at 801, Star Plaza, Near Circuit House, Opposite Hotel Ravi, Phulchhab Chowk, Rajkot – 360001 (herein after referred to as “EMXCEL”, “Company”, “we”, “us” or “our”). The domain name agantuk.co is owned and operated by the Company.

The Company respects your privacy and values the trust you place in it. The below described Company’s ‘Privacy Policy’ is designed to help you understand how we collect, use and safeguard the information that you provide to us and to assist you in making informed decisions when using our Platform or Service.

By accessing/using our Platform or Service, it is deemed that (i) you have read and understood our Privacy Policy carefully and you agree to be bound by the terms and conditions of the Privacy Policy (ii) you have accepted our Privacy Policy and you have consented the Company to collect, store, use and disclose your Personal Information as provided herein. Our Privacy Policy is duly integrated into the Terms of Use of the Platform and is subject to change, from time to time, without notice, as part of continuous change in our policies and applicability of new legal and statutory provisions which are binding upon us as a law abiding corporate entity but any changes which could be undertaken by the Company shall be published and changes will only applicable to activities and information on a prospective basis, not retroactively. You are strongly encouraged to review our Privacy Policy regularly to ensure that how your information will be used, stored and processed.

If in case you happen to not to agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, you are hereby advised to please do not use and refrain from accessing the Platform.

All the headings used hereunder are only for the purpose of arranging the various provisions of the Privacy Policy in a particular manner and neither the user nor the creators of this Privacy Policy may use the headings to interpret the provisions contained within it in any manner.
In this Agreement, except as otherwise provided, Capitalized term shall have the following meanings assigned to them under this Privacy Policy.

2. DEFINITIONS

  1. “Site” refers to the Company-owned and operated website, which can be accessed at agantuk.co.
  2. “Platform” means the BeepAgantuk and refers to and includes the website, the Web Portal, and the Mobile Application of BeepAgantuk available on Google Playstore or iOS Appstore or any other operating system.
  3. “Service” refers to the Services provided by the Company accessible via the Platform. 
  4. “You” “Your”, “Yourself” or “User” shall mean and refer to the person visiting, accessing, browsing through, and/or using the Platform at any point in time and shall include the “Clients, Customers, Sellers, Buyers and End Users”. Further, it shall also mean and refer to persons who are the “Merchants, Shop Owners,  Shopkeepers, Vendors, Grocers” and the “Service Provider” for the (Name of the Beep Product) Platform. However, where a Client/Customer or Vendor/Grocer or Service Provider is mentioned specifically it shall only mean and refer to that class of User.
  5. “Personal Information” shall mean and refer to any personally identifiable information that is collected from You, information that is considered personal about You by Us includes, but is not limited to, your name, address, age, location, email address, phone number or other contact information and the information related to the Service sought.
  6. “Third Parties” refer to any website, company, or individual apart from the User and the creator of the Platform.

3. COLLECTION OF INFORMATION

Your information is collected when you access our Site or platform, register with us, use our services, fill out a form, reply to Survey and subscribe to our newsletter.

Our Privacy policy is applicable to all the information collected by us or submitted by you. The Company may collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information (like your zip code, pin code, etc.), referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information may include your name, age, gender, occupation, education, e-mail address, mailing address, mobile phone number and contact details etc., which you submit to us whenever during accessing the Site or platform and/or availing the services of the Company.

The Company may collect the location of your device while you access our platform or use our services, however, you reserve the right to turn off the location of your device and such turning off may impact your access to our services.

The Company may use the location information for its own research and improvement in its process and to enhance the user experience.

Our Privacy Policy shall also apply to the data/information we collect from the Users who are not registered as members of our site or Platform, including, but not limited to, the browsing behavior, pages viewed, etc.

The Company is not responsible and this privacy policy shall not apply, for the privacy practices of such websites or sites which it does not own, manage or control.

4. USE OF COLLECTED INFORMATION

While accessing and using the Platform, you provide us the information at the time of registration, etc., and as a user you are required to provide us true and correct information about yourself. This information which is collected from you is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the website or not), which URL you next go to (whether this URL is on the website or not), your computer browser information, your IP address, and other information associated with your interaction with the website..

We may use, access and store information collected from you for the following purposes:

  1. To enable to provide services offered by the Company & thereby personalize the Customer experience.
  2. To do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users for the purpose of enhancement and betterment of the Customer Services.
  3. To communicate necessary account and product/service related information from time to time.
  4. To enable and provide improved services and to create new services.
  5. To allow you to receive quality customer care services;
  6. To provide you information on the offers and choices based on your location
  7. To help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud potential threat to safety and security of any person violations of the Terms of Use of the Platform, or to defend against legal claims; special circumstances such as compliance with subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure and comply with the highest security standards;
  8. To comply with applicable laws, rules and regulations; and
  9. To provide you with information and offers on services, on updates, on promotions, on related, affiliated or associated service providers and partners, that we believe would be of interest to you.

In the event of any transformation in the Company by the way of any merger, acquisition or amalgamation, your personal information may be among the assets that are agreed to be transferred. In this event, The Company may or may not notify you by email or by putting a prominent notice on the site before information about you is transferred and becomes subject to a different privacy policy. You agree and provide your consent to transfer your collected information to another company with whom Company is having merger or any other company who is acquiring the Company. You are under an obligation to review the privacy policy of that particular company prior to providing any further information. You agree that after such arrangement in the Company, your collected information shall be subject to the privacy policy of such other company.

The personal information shared by you shall be used by us to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers.

Further, you may from time to time choose to provide your payment related financial information and details (viz., credit card, debit card, bank account details, billing address etc.) on the Platform. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use.

The Company will not use the financial information shared by you for any purpose other than to complete a transaction with you.

We shall also provide you, to the extent possible, an option of not to divulge with any specific information that you do not wish that should be collected, stored or used. You may also choose not to use a particular service or feature on the Platform, and opt out of any non-essential communications from the Company.

5. SHARING OF COLLECTED INFORMATION

Due to the extant regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy.

Your contact information is also used to contact you when necessary. We use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information. Finally, we may use your IP address to help protect our partners and ourselves from fraud. We will continue to enhance our security procedures as new technology becomes available.

We only share Non-Personal Information with vendors (abiding by similar Confidentiality obligations) who are performing services for the Company, such as to response questions, solicit feedback from users, provide technical support, and inform users about promotional offers. The Company may also share the collected Non-Personal information with trusted third parties who assist it in order to enhance its services, conducting the business or any matter related matter whether directly or indirectly, for a period which you consent for, however, you reserve the right to withdraw your consent for sharing of your collected information to any third party, in any manner whatsoever. However, the Company assures you that only the authorized employees, agents and contractors of third parties (who have agreed to keep the collected information secure and confidential) shall have the access to such information.

On the other side, we may use your information to help us improve the Service and customize the user experience. We may also aggregate the Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of the Information and we reserve the right to use and disclose such Information to our partners, advertisers, and other third parties at our discretion.

Except as otherwise stated in this Privacy Policy, we do not deal or share your Personal Information with third parties without your consent.

We may share your Personal Information with outside parties if we have a good-faith and belief that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable statutory request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud; security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public.

The Company will not until and unless compelled by law or with your permission to do so, provide, distribute or transfer any of your collected personal information with any Third Parties. However, in the event the collected information is required under valid judicial, statutory or regulatory order, Company will act in diligent manner and provide the required information to the relevant authority. The Company is not liable and held responsible in whatsoever manner to inform or intimate you prior to the disclosure of the information to the relevant authorities.

6. RETENTION OF COLLECTED INFORMATION

You can change and review all the information provided by you following the registration. If you change any information the Company may keep track of your old information. We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored ‘back up’ systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

If you send the Company personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the website, the Company may collect such information into a file specific to you.

The Company does not retain any information collected for any longer than is reasonably considered necessary by us, or such period as may be required by applicable laws. The Company may be required to disclose any information that is lawfully sought from it by a judicial or other competent body pursuant to applicable laws.

7. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You may opt out from receiving the marketing material and promotional communications from the Company by following the unsubscribe instructions provided in the email. You may request at any time for the correction of inaccurate data, data erasure, restriction and processing of your data by raising a request by sending an email at the below mentioned email id from your registered email address and describing the reason for the same-

Email Id: –info@agantuk.co

Notwithstanding with the promotional and marketing material to which you unsubscribe or opt out from, Company may continue to send you periodic update and administrative email about the services you have opted for or still availing from the Company.

8. INFORMATION SECURITY

The Company strongly believes and is continuously committed towards the protection and providing necessary safeguards to the collected information against the loss, misuse and alteration of the information. The Company shall treat the information as an asset that must be protected against loss and unauthorized access. The Company uses various secured technologies and mechanisms to protect the collected information from any unauthorized access or disclosure by Users inside and outside the Company. Further, the Company servers are accessible only to authorized personnel and your information is shared with employees and authorized personnel on a need to know basis, where it deems necessary, to complete the transaction and to provide the services requested by you. The Company do not recommend transfer of sensitive information viz., financial information via the Platform to other Users. The Company follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and on receipt. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.The Company will ensure that that it will take all reasonable prudent steps to use the collected information for the purpose it was collected for.

Our internal security mechanisms and safeguards are continuously reviewed and upgraded as per the necessary requirements.

It is thus imperative to note that the Company will not ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information and forward the information relating to the same to support@agantuk.co for necessary action.

9. CONFIDENTIALITY

YYou acknowledge that the Platform may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent from us.

The information provided by you is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities and in some other instances. The Company does not sell, share or rent your collected information to other companies/users/organizations for financial and/or non- financial or any other benefits and will not disclose any of your personally identifiable information to third parties.

10. THIRD-PARTY LINKS AND RESOURCES

The Company provides you that our platform may contain links to other third-party websites. You are free to access and avail the services of such third party at your own sole risk subject to the privacy policy and terms of use of such third-party website. You acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

You acknowledge and agree that The Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Website.

11. COOKIES INFORMATION

Cookies are small text files containing some information. The cookies are the data collection devices; We, and third parties with whom we partner, may use such cookies ( 0 cookies) on certain pages of the Platform. Once you use and access the Platform on a computer or a mobile device, the information in the form of cookies is downloaded and added to your device which is sent to the Company and this information helps the Company to recognize you (for example, as a registered user), to analyze service traffic when you visit and use our Platform and store your preferences and settings or lets you know when you visit a particular site to enhance your experience by delivering content and advertising specific to your interests, perform research and analytics, track your use of our Services, and assist with security and administrative functions. The Cookies allow applications to respond to you as an individual. The application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. The use of the cookies helps the Company to offer certain features made available only through the use of a cookie and provide information that is targeted to your interests.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about service traffic and improve our service in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better service, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us..

Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer as permitted by your browser. This may prevent you from taking full advantage of the service. If you choose to disable or decline (some but not all) cookies, in that case you may not be able to use certain features on the Platform and you may be required to re-enter your password more frequently during a session.

Further, you may also encounter “cookies” or other similar devices on certain pages of the Platform that are placed by the third parties. The Company does not control the use of cookies by third parties.

The Platform may also contain links to other third party websites. The Company is not responsible for the privacy practices of such websites which we do not manage and control.

12. DISCLAIMER

We cannot ensure that all of your private communications and other personal information (including sensitive information like financial information) will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private. As a user of the Platform, you understand and agree that you assume all responsibility and risk for your use of the Platfrom, the internet generally, and the documents you post or access and for your conduct on and off the Platform.

13. GOVERNING LAW & JURISDICTION

The Terms provided herein shall be governed by and construed in accordance with the applicable laws of India, without giving effect to the principles of conflict of laws thereunder.

The courts of Rajkot (Gujarat) only shall have the sole and exclusive jurisdiction over any proceedings arising in respect of this Terms .

14. POLICY UPDATES

The Company reserves the right to change or update the Terms and the Privacy Policy at any time, as the Company deem fit, without any intimation to you and your continued use of the Platform will signify your acceptance of any amendment to these terms. Such changes shall be effective immediately upon posting to the Platform.

You are therefore advised to re-read the Terms and Privacy Policy on a regular basis. If, at any given time, you do not accept any of the modifications or amendments to the Terms and Privacy Policy, you may terminate your use of this Platform immediately.

15. COMMUNICATION

If you wish to correct or update any information (except your E-mail ID) you have provided, you may do so online, on the Platform itself. 

You are free to raise your question and concern about this Privacy Policy in regard to collection, use, disclosure, or retention of your information by sending a mail to support@agantuk.co. Alternately you may contact the designated Grievance Officer of the Company at:

Grievance officer – Gaurav Narain.

Emxcel Visitor Tracking Solutions Pvt. Ltd

801, Star Plaza, Near Circuit House, Opposite Hotel Ravi, Phulchhab Chowk, Rajkot – 360001

Email address: gaurav.narain@emxcelsolutions.com.