TERMS OF USE (TOU)

This Agreement (Agreement) constitutes a legal and binding contract between you and Cornell University through its Tata-Cornell Institute (TCI), containing the terms and conditions for the use of content and Tata-Cornell Institute (TCI) SERVICE PLATFORM OF INDIAN FARMER PRODUCER ORGANIZATIONS (“Service Content”). Access to and use of the Service Content isin consideration for each User’s compliance with the terms and conditions of this Agreement. 

This Agreement’s terms and conditions govern your conditional access and use of the Service Content. 

USE OF THESERVICECONTENT REQUIRES THAT YOU CAREFULLY READ AND AGREE IN FULL TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING OR USING THE SERVICEPLATFORM OR PRODUCTS. IN ORDER TO USE THIS SERVICECONTENT ANY INDIVIDUAL, BUSINESS ENTITY, OR FOREIGN GOVERNMENT ENTITY, (DEFINED IN THIS AGREEMENT AS THE “USER”) WHO HAS ACQUIRED, BEEN PROVIDED OR PURCHASED ANY SERVICECONTENT MUST AGREE IN FULL TO ALL OF THE TERMS OF THIS AGREEMENT.

ACCESS TO OR USE OF SERVICECONTENT BY THE USER CONSTITUTES FULL AGREEMENT WITH ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN THE USER AND TCI.  

THE SERVICE CONTENT IS NOT LEGAL OR CONSULTING ADVICE AND SHOULD NOT SUBSTITUTE FOR USER’S CONSULTATION WITH QUALIFIED LEGAL COUNSEL OR SUBJECT MATTER EXPERTS.

1. Grant.TCI hereby grants USER access to the Service Content subject to USER compliance with all terms and conditions surrounding access and use of the Service Content.  You may not cause or permit any other person to, reproduce, download, disseminate, disassemble, decompile, reverse engineer, translate, sell, manufacture, sublicense, distribute, transfer, modify, adapt, or create derivative works of the Service Content. 

2. Ownership and Authorized Uses. TCI is an authorized user of content aggregated by the Ministry of Corporate Affairs, Government of India.  TCI provides access to the database for educational and scientific purposes for the beneficial use of authorized Users of the service platform and Service Content.  Nothing in this Agreement will be construed as granting you any title or interest in or to the serviceplatform or the Service Content.   Prohibited uses of the Service Content include:

  1. To carry on propaganda or otherwise attempt to influence legislation;
  2. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; or
  3. To promote or engage in criminal acts, including acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, national origin, religion, military and veteran status, disability, sex, age, gender identity or sexual orientation, or support of any entity that engages in these activities.

3. User Information and Passwords. You will be asked to provide certain information to gain access to the ServiceContent. You agree that the information you provide is true, accurate and complete and that you will not register under a name of, or attempt to enter or use theServiceContent under a name or ID that is not your own. You agree that it is your responsibility to maintain your access to the ServiceContent and keep your password and other information you provide confidential. You agree to immediately notify TCI if there is any known or suspected unauthorized use of your password or the ServiceContent. 

4. Confidentiality. Anyinformation or materials provided by TCI to you, including, without limitation, the ServiceContent, will be considered confidential and proprietary information (“Confidential Information”). You agree to protect the Confidential Information from unauthorized use or disclosure and agree not to disclose to 

any third party such Confidential Information except as expressly permitted under this Agreement. Information will not be considered Confidential Information if it (a) is or becomes publicly known without your fault, breach of contract or negligence, or (b) is lawfully disclosed to you by a third party who is not subject to any duty of confidentiality. 

5. NO WARRANTY; LIMITATION OF LIABILITY. THE SERVICECONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TCI WILL NOT BE RESPONSIBLE TO YOU OR YOUR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR OTHER MONETARY LOSS, ARISING OUT OF PERFORMANCE OF SERVICES OR FAILURE TO PERFORM OR DUE TO THE FAILURE OR POOR PERFORMANCE UNDER THIS AGREEMENT, WHETHER OR NOT ANY SUCH FAILURES OR CAUSES ARE WITHIN TCI’S OR YOUR CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT OF THE PARTY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES.

6. Termination. TCI may terminate your access to and use of the ServiceContent at any time if TCI believes, in its sole judgment, you or your employees or representatives or agents have violated this Agreement. TCI may terminate your access to ServiceContent for convenience, with or without cause.  Upon termination of this Agreement, your access to use the ServiceContent will automatically terminate.  Sections 2-6 of this Agreement will survive the termination or expiration of the Agreement. 

7. Government End Users. If the User is acquiring the ServiceContent on behalf of any unit or agency of the United States Government, then the terms of this licensing agreement are acknowledged by TCI and shall comply with the FAR clause at 12.212(a) and be consistent with Federal law as specified in the FAR regulations. If the User is a United States Government entity and TCI believes that the User is in violation of any of the provisions of this Agreement, then TCI will submit a claim with the relevant contracting officer and seek remedy in accordance with the FAR or other relevant governmental provisions governing such disputes. TCI and any User who is a government agency agree that all disputes shall be resolved in accordance with FAR 52.233.1 and FAR 12.302(b) or other applicable United States governmental regulations pertaining to contractual disputes.

8. General Provisions. TCI is not liable for any loss, damage, delay or failure to perform in whole or in part resulting from causes beyond its control, including, but not limited to, fires, floods, tornadoes, earthquakes, strikes, delays in transportation, pandemics, epidemics, or the requirements or restrictions of any university or governmental authority. Together with all contractual terms and conditions, this Agreement constitutes the entire agreement between you and TCI and may be amended by TCI by posting changes or additions to the EULA. TCI may assign this Agreement at its discretion. 

9. Controlling Law and Severability.  This Agreementshall be governed by and construed in accordance with the laws of the United States and the State of New York, as applied to agreements entered into and to be performed entirely within New York, unless the User is a United States Government entity in which case the current controlling law will be in accordance with the regulations and laws of that United States Government entity.Any claim arising from or related to this Agreement must be brought in state or federal courts located in New York.

PRIVACY STATEMENT

This Tata-Cornell Institute (TCI) DATABASE OF INDIAN FARMER PRODUCER ORGANIZATIONS (“ServiceContent”) Privacy Statement provides information about the TCI’s online information gathering, retention and dissemination practices. Individual pages in the ServiceContent may provide additional information. 

If you are a resident of California, USA or the European Union, please also review TCI’s Supplementary Privacy Provisions for Persons in the European Union or measures applicable to the California Consumer Privacy Act (CCPA).   TCI’s processing of personal data you submit or disclose to TCI (or to a third party that transfers it to TCI for processing) while you are in the European Union, Switzerland, California USA or any other jurisdiction that has enacted similar privacy laws.

We encourage you to periodically review this Privacy Statement, as well as any information linked from this Privacy Statement, because we may update it from time to time. 

Services 

TCI may also provide Online Services by Non-TCI Service Providers, subject to the same privacy requirements.  

Information TCI Collects from Users and How We Use it

TCI collects information actively provided by Users. We may also collect information about the computers, mobile devices, or other devices you use to access ServiceContent and  websites or technology network, such as IP address, unique device identifiers, browser types, browser languages, web pages visited, network software access, referring web pages, date, time, and duration of activity, passwords, and accounts accessed, volume of data storage and transfers, and locations of User devices when connected to TCI and Content webpages and network. Logs of this information may be retained. We may contract with non-TCI service providers to help us better understand our Users.

TCI uses information collected to provide services, in support of TCI’s mission, to protect the security of TCI’s technology network, to support academic integrity or the provision of Content, and to provide safety and security services to Users, as well as to monitor, preserve, and enhance the use, functioning, and integrity of TCI’s technology network. TCI may also use information collected from you for analysis and statistical purposes consistent with TCI’s mission.TCI may also use information collected from you to contact you regarding TCI news, events, and/or other products and services.

Cookies

Cookies are small files that are stored on your computing devices. We use cookies to understand and save your preferences for future visits and compile aggregate data about network traffic and network interaction so that we can offer better network experiences and tools in the future. Cookies may be set by organizations other than TCI. Because the cookie policies of these third-party service providers may change over time, you should review their policies by visiting their privacy policies directly. Users may disable cookies through their individual browser options. However, if you do not accept cookies, you may not be able to use some portions of our websites or technology network.

The following describes the types of cookies TCI uses on our websites:

Required or Strictly Necessary Cookies. These cookies are essential for our websites to operate correctly and to provide you with requested services. For example, we use cookies to authenticate you, so when you log on to TCI ServiceContent and websites, we know who you are.

className="term-para"Functionality Cookies. We use functionality cookies to enhance website features, such as videos and live chat, and for personalization, such as storing your preferences (e.g. username and language selection). Functionality cookies may be set by TCI or by third parties whose services we have added to our websites. If you do not allow these cookies, you may not be able to use some portions of our websites or technology network, and some website may not work properly.

Social Media Cookies. Social media cookies may be set by third parties such as YouTube and Facebook to collect information about your social media usage.

Analytics Cookies. Analytics cookies collect information about your use of our websites and technology network, and help us improve the way it works. For example, analytics cookies identify the most frequently visited pages, record any difficulties you have, and show whether our advertising is effective. This allows us to see the overall patterns of usage, rather than the usage of a single person. We use the information to analyze the websites' traffic.

You can learn more about cookies and their functions generally by visiting an information website such as allaboutcookies.org.

Do Not Track Signals. Some web browsers have a "Do Not Track" (DNT) feature that tells websites that users do not want to have their online activity tracked.

Alternatives to Website Transactions

If you prefer not to provide information to TCI through our websites or technology network, you may contact the TCI administrative unit responsible for the service to learn about available options: tci.fpo@cornell.edu. 

Disclosure of Information

TCI does not disclose confidential information we collect online to individuals or entities not affiliated with TCI, except in the limited circumstances described below. Non-confidential information may be disclosed or distributed pursuant to federal laws, state laws, or university policies. These laws and policies explain what information may be shared or disclosed. They also explain what information is protected as confidential.

Court Order or Public Safety. TCI may be required to disclose confidential information pursuant to a valid court order or lawfully issued and served subpoena, search warrant, or other legal order. In addition, TCI may disclose confidential information to law enforcement if TCI believes that disclosure is necessary to protect TCI, to protect the health or safety of individuals, or if law enforcement believes that TCI resources have been used in the commission of a crime.

Contractors. TCI may contract with non-TCI service providers to provide services and information through TCI’s websites and technology network. TCI may provide information, including personal information collected on our technology network; to non-TCI service providers to assist TCI deliver classes, programs, products, information, and services. TCI also contracts with non-TCI service providers to perform analysis, research, and administrative activities for TCI. TCI requires non-TCI service providers to protect personal information on our behalf. 

Security

TCI takes steps to ensure that confidential information collected online is secure. These steps include: ongoing User education; using tools in an effort to restrict unauthorized access, viruses, phishing, and hacking attempts; and monitoring activity to identify potential system threats. TCI routinely assesses and enhances tools and processes available to strengthen our online security.

Contact Information

If you believe TCI has not adhered to this Privacy Statement, please contact TCI’s privacy contact at: tci.cals@cornell.edu. TCI will use reasonable efforts to address your concerns; although there may be circumstances where we may not be able to assist.

Changes

We will publish on our website any changes we make to this Privacy Statement.

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Supplemental TCI Privacy Provisions for Persons in the European Union, Measures of the California Consumer Privacy Act (CCPA), or Similar Privacy Requirements.

A.         Applicability and Definitions

These Supplemental Privacy Provisions for Persons in the European Union(EU Privacy Provisions) are provided pursuant to Regulation(EU) 2016 / 679(“Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data”) (the GDPR), effective May 25, 2018, the CCPA, or similar legislation or privacy measures.

These Privacy Provisions supplement Cornell’s Privacy Statement and should be read together with TCI’s Privacy Statement. These Privacy Provisions are intended to be consistent with the GDPR and similar measures surrounding principles of privacy, fairness, lawfulness, transparency, purpose limitation, accuracy, storage limitation, integrity, and accountability. For more information regarding the GDPR and similar measures and these principles, the full text of the GDPR is available here.Terms in these EU Privacy Provisions are used consistent with their definitions in the GDPR.

The EU Privacy Provisions apply to you only if, and to the extent, TCI is Processing your EU Personal Data, where the Processing is related to TCI offering information, goods or services to you, or TCI is monitoring your access in the EU (e.g., through online course proctoring, or location tracking).

Personal Data& nbsp;means any information, recorded in any form, relating to you that can identify you, directly or indirectly, such as your name, date of birth, addresses(including email addresses), identification numbers, location data, online identifiers, or factors specific to your physical, physiological, genetic, mental, economic, cultural, or social identity.

EU Personal Data& nbsp;means Personal Data you submit or disclose to TCI(or to a third party that transfers it to TCI for Processing) while you are in the European Union or another jurisdiction that has adopted the GDPR or regulations substantially similar to the GDPR, such as Switzerland (EU).

Processing& nbsp; (and Process) includes collecting, recording, organizing, storing, transferring, sharing, disclosing, erasing, or destroying your EU Personal Data, whether or not processing via TCI’s technology network.

TCI may Process your EU Personal Data in accordance with these EU Privacy Provisions, TCI’s Privacy Statement, or required by law. If you do not agree with these Privacy Provisions, please do not provide any  Personal Data or EU Personal Data to TCI.If you choose not to provide any Personal Data or EU Personal Data that is necessary for TCI to provide you with specific products or services, TCI may not be able to provide those products or services to you.

Use of Your Personal Data or EU Personal Data. TCI may use your EU Personal Data to respond to your questions, provide you specific ServiceContent, services, products, programs and/or services you select, satisfy our contractual obligations to you, send you updates and information regarding TCI or the ServiceContent, send you email messages about maintenance or updates to Content or TCI’s technology network. We may also: archive your EU Personal Data; use it for research and analytics purposes; use it for future communications with you; use it to establish, exercise, and defend legal claims; use it for reasons of substantial public interest, including archiving purposes; use it for historical, scientific, research, or statistical purposes, subject to appropriate safeguards; and use it for the legitimate interests of TCI or any third party to whom TCI discloses your Personal Data or EU Personal Data, if your fundamental rights and freedoms do not override those interests.

B.         Lawfulness of Processing. TCI’s Processing of your Personal Data or EU Personal Data for the interdependent purposes set out in these EU Privacy Provisions is necessary for one or more of the following:

  • Pursuing TCI’s legitimate interests; 
  • Carrying out a task in the public interest consistent with the articulated mission;
  • Exercising Cornell’s official authority as a non-profit educational institution governed by its establishment, a body corporate of the sovereign State of NEW YORK, in the United States of America;
  • Performing a contract with you, or to take steps at your request prior to contracting with you;
  • Protecting your vital interests or the interests of another person;
  • Complying with TCI’s legal obligations

C.         Specific Guidance

In addition to the information provided above, this Section provides additional information regarding how TCI Processes your Personal Data or EU Personal Data in specific situations.

Online. If you access and use Service Content or programs while in the EU on or through TCI’s technology network, we will collect from you certain content. We also collect transactional data.

Identity Verification. TCI may require or offer you the ability to verify your identity before we provide certain services (such as resetting passwords, or releasing certain information), or for selected classes and programs. To verify your identity, TCI may require you to provide Personal Data or EU Personal Data, such as your name, address, date of birth, a headshot taken using a webcam, a photo identification document, and a sample of your typing patterns. We use the Personal Data we collect for verifying your identity, and for authenticating that submissions made on TCI 's technology network were made by you.

Sponsors or Entities. TCI may share your EU Personal Data with your employer, government programs, institutions, or other enterprises that involves training or other educationally related purposes. If an entity pays for or otherwise sponsors your course or program participation, TCI will share information with the entity as needed to confirm your enrollment, participation, progress, and completion status in or for the subject content.

Research. As a premier Research University, the conduct of research is a fundamental part of Cornell’s and TCI’s mission. Terms and conditions of TCI research projects are negotiated before acceptance to ensure the ability to comply, including with the GDPR.

TCI may use your Personal Data or EU Personal Data for research, analytics, and statistical purposes, but no Personal Data or EU Personal Data that can identify you will be published in connection with research or for statistical purposes.

TCI Service Providers. TCI may contract with non-TCI service providers, vendors, and contractors (Contractors) to assist TCI in providing services. These Contractors may have access to and may collect or otherwise Process your EU Personal Data as necessary to perform the services for TCI. These Contractors, for example, may provide TCI with network, website, platform, server, technology, services, course and program content and delivery, and administrative and student-related services, such as those related to providing Access to your EU Personal Data by these Contractors is limited to the information reasonably necessary to perform their contracted functions. TCI requires Contractors to protect Personal Data on our behalf. We do not permit third parties to sell Personal Data we have shared with them.

Transfer to Third Parties. TCI will transfer your EU Personal Data to third parties only where TCI is comfortable that they will protect your Personal Data or EU Personal Data. Where we know that a third-party we have provided EU Personal Data to is Processing that EU Personal Data in a manner contrary to the GDPR, we will take reasonable steps to prevent or terminate Processing by that third party unless and until the third party can Process EU Personal Data in compliance with the GDPR.

Government Authorities, Legal Rights and Actions. TCI may share your EU Personal Data with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. TCI also may share your Personal Data or EU Personal Data when we believe it is appropriate to investigate, prevent, or take action regarding unlawful or suspected illegal activities; to protect and defend the rights, property, or safety of TCI, TCI 's technology network, TCI 's students, employees, and others.

TCI Server Locations. TCI s websites, technology network, and online platforms that contain your EU Personal Data are operated and managed on servers located within the United States.

EU Personal Data Retention and Storage. TCI may store and maintain, among other things, your name, unique TCI identification number, year of birth, email, email verification, and organizational affiliation containing your EU Personal Data: (i) to comply with TCI 's obligations to you, including taking steps to enter into an agreement, or other contract with you; (ii) to comply with TCI 's legal obligations; (iii) for reasons that are in the public interest provided they are not contrary to or undermine your personal privacy interests; (iv) to comply with TCI 's records retention policies; or(v) in TCI 's exercise of its authority. 

D. Your Rights Regarding Your Personal Data or EU Personal Data

You have certain rights regarding your EU Personal Data, subject to certain exclusions as described in the GDPR. Your rights include:

  • The right to be informed of how your EU Personal Data are being used – this information is set forth in these EU Privacy Provisions and any documents linked to these EU Privacy Provisions
  • The right of access to your EU Personal Data
  • The right to have your inaccurate EU Personal Data rectified
  • The right to have your EU Personal Data erased
  • The right to restrict the Processing of your EU Personal Data pending its verification or correction
  • The right to object to the Processing of your EU Personal Data
  • The right to receive copies of your EU Personal Data
  • The right to file a complaint with an EU supervisory authority
  • The right to object to using your EU Personal Data for direct marketing, data mining, or research purposes where the research is not in the public interest

A response to a rights request needs to be sent within one month. However, nearly all of your rights are qualified in various ways and there are numerous specific exemptions (for example, almost all of the rights do not apply if your EU Personal Data are being processed solely in an academic research context).

Contact Information, Rights Requests. If you wish to exercise any of your rights regarding your EU Personal Data, please write to us at: tci.cals@cornell.edu. You may also file a complaint concerning your EU Personal Data Processing with the applicable EU Supervisory Authority. The Supervisory Authority Contact Information for all EU countries is at: https://www.varonis.com/blog/gdpr-data-protection-authority-supervisory-listing/.

If you have specific requests relating to how TCI Processes your EU Personal Data, we will endeavor to resolve these, but there may be circumstances where TCI cannot comply with specific requests.

We will publish on our website any changes we make to these EU Privacy Provisions.