This Policy has been prepared under the provisions of the (Indian) Contract Act, 1872, (Indian) Information Technology Act, 2000 (IT Act) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (IT Rules) promulgated thereunder, and sets out the practices and policies for the protection of personal information (including sensitive personal data or information) collected, received, possessed, stored, dealt with or handled by Us.
1.1. This Policy describes Our policies and procedures on the collection, use, storage and disclosure of any information including, business or personal information provided by You while using Our Platform. This Policy specifically governs the collection and use of Personal Information (defined hereinafter) and Sensitive Personal Information (defined hereinafter) or information provided by You and the processing of personal information and sensitive personal data or information provided by You while using Our Platform.
1.3. During the course of Your association with Us, You may be required to execute certain other agreements and such agreements and this Policy shall, together with the 'Terms and Conditions', KYC and AML Policy, and such other policies that the Company my publish from time to time unless explicitly specified to the contrary, govern Your relationship with Us.
1.4. In the event of a conflict between the terms contained in the Platform documents and the terms contained in the agreements, as applicable to You, the terms of the agreements shall prevail unless specifically provided otherwise in the respective commercial agreement.
2.1. Personal Information shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person and is not otherwise generally available in the public. For avoidance of doubt, examples of personal information include a person's name, address, date of birth, voice, national identity number if any, driving license number, permanent account number.
2.2. Sensitive Personal Information shall mean personal information, which consists of information relating to any to the following of an individual:
2.3. User Information shall mean, collectively, Your Personal Information and Sensitive Personal Information or data or any other information collected from You.
3. Information We collect
3.1. Information That You Provide- We collect personally identifiable information about You which You affirmatively choose to submit to Us, including Personal Information and Sensitive Personal Information. From time to time we may automatically collect certain information that may be considered Personal Information or Sensitive Personal Information as the case may be, such as the IP address of Your computer or network connection. We may also collect information from You during phone calls or video calls, or via e-mail correspondences with Our representative.
3.2. We may also collect any content that You create or upload when using Our Services. This may include, but is not limited to, things like pictures, care plan documents (or other personal documents that You choose to upload), calendar reminders, and services requests to be performed by a third-party provider.
3.3. Payment Processing Information- When You make a payment in connection with purchasing any of the Services, We may obtain Your credit card, debit card, and/or other payment information.
3.4. Usage Information- We may collect other information such as the time and date of Your visit, Your location, the pages and other content that You access, and the number of times You return to the Platform. This information is used in the aggregate for Our internal marketing and similar purposes. We may also integrate with the technology provided by third parties (e.g., Google Analytics) to accomplish this information collection. In addition, We may use a variety of other technologies that collect similar information for security and fraud detection purposes.
3.5. Partner Information- We partner with certain third-party vendors to offer You some services, and We may receive certain information directly from those third parties.
3.6. We will not collect Sensitive Personal Information from You unless the collection of such information or data is considered necessary for the purpose for which it is being collected and even in such a case, You will be made aware of the following:
4. How We use Your information
4.1. We use the information that We collect to provide You with our Services and to coordinate your requests for related third-party vendor services. We use your information as necessary to facilitate communication between You and Us regarding the Services, as well as to improve Our site and to learn about how it is used and accessed. We may use Your information to contact You in the future to tell You about new services, promotions, opportunities, and other general information about Us that we believe will be of interest to You. We may also use information that We collect to analyze user behaviour as a measure of interest in and use of the Platform and may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
4.2. As necessary to provide the Services, We share pertinent Personal Information with select affiliates and partners for the purposes of customer support, account management, and similar work. We do not sell, trade, share, or rent your Personal Information provided by You to Us through our Platform, to third parties who provide no affiliated services or support.
5. Access to User Information
5.1. You shall have the right, upon request, to access and review Your Information provided to Us. You may decline to submit identifiable information through the Platform, in which case You may not be allowed to access certain features / parts of the Platform. If You are a registered user, You may update or correct Your information at any time by logging in to Your account. Alternatively, if You believe that any of Your information held by Us is inaccurate, You may write to Us at email@example.com . It is Your responsibility to ensure that any information You provide to Us remains accurate and updated.
5.2. The Information collected by Us shall not be retained for longer than is required for the purpose for which the information may lawfully be used or is otherwise required under any other law for the time being in force.
6. Updating Your Information
6.1. If You wish to amend or update Your Personal Information or Sensitive Personal Information, You may do so by emailing firstname.lastname@example.org with Your request. A member of Our customer support team will be in touch regarding Your request.
7. Storage and Security
7.1. We endeavour to securely store all information we gather within databases controlled by Us. However, We may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers.
7.2. Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, you agree and acknowledge that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while We strive to use commercially acceptable means to protect Your information, We cannot guarantee its absolute security.
7.3. We use commercially reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.
7.5. In using the Platform, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the Platform will be at Your own risk.
7.6. We assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Us responsible for any breach of security.
7.7. In the event We become aware of any breach of the security of Your information, We endeavour to take appropriate action to the best of Our ability to remedy such a breach.
8.1. As a registered user with an account and a password, You are responsible for keeping Your password confidential.
8.2. We will keep confidential and protect any and all information provided by You except where disclosure is required or permitted by law.
8.3. We provide access of Your information to employees, agents, advisors and consultants who We believe reasonably need to come into contact with that information to provide services to You or in order to do their jobs.
8.4. The restrictions set out herein shall not apply to disclosure of information if and to the extent the disclosure is:
9. Social Features of Our Platform
9.1. If You provide information in any social feature of the Platform (for example, via online discussion forum), or to any other party through the Platform or Services, You should be aware that by doing so You are choosing to share your information with others and that We will be unable to control how, when, or with whom those other parties may share your information.
9.2. You shall always abide by the following terms and conditions when posting any information/content on the Platform:
10. Your use of Information
10.1. You may only use the site and mediums of Ours only for legitimate purposes and not for any inter-alia fraudulent or speculative reservations.
10.2. You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing or selling any information, products or services acquired from Us through any means.
10.3. We may provide You access to photographs, graphics, video or other material which may be protected by intellectual property laws. You shall not copy, modify, transmit or create derivative works of such material. You also agree to not copy, modify, transmit or create derivative works of any of the intellectual property registered by Us.
10.4. You understand and acknowledge that any material obtained by You or your permitted assigns in relation to Our service shall be entirely at Your risk. You are solely responsible for any damage to Your computer systems or loss of data that results from the download of such material.
11.1. You shall maintain confidentiality in relation to all information and agree to not disclose the same unless required by law.
11.2. You hereby also authorize Us to contact You with offers through e-mails, calls, short messaging services (SMS) or any other mediums for any campaigns, promotional or like activities.
11.3. You hereby agree that such methods of contact as provided herein do not classify as an "unsolicited commercial communication" as per the guidelines of Telecom Regulation Authority of India (TRAI). You agree to indemnify Us, along with Our directors and employees against all types of losses and damages incurred by them due to any action taken by TRAI or any other authority due to any erroneous compliant raised by You in this regard.
12.1. You agree to indemnify and hold Us harmless from:
13. Governing Law and Dispute Resolution
13.1. In accordance with the IT Act, the name and the details of the Grievance Officer at Our company is provided below. You may,
13.3. Any adverse action, dispute or difference arising under or relating to this Policy (Dispute) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such negotiations. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of such negotiations, the Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder. When any Dispute is under arbitration, except for the matters under dispute, We and You shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under this Policy.
13.4. The arbitration shall be conducted by a sole arbitrator appointed by Us and the seat and venue of arbitration shall be in Bengaluru, India.
13.5. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
14. Undertaking from You: You hereby undertake as follows
14.1. You agree that You can enter into a legally binding contract as stipulated under the Indian Contract Act, 1872.
14.2. You expressly undertake to provide to Us, where applicable, information which is true, accurate and valid, and acknowledge that any default or deficiency would inter alia render the provision of the product or services by Us, inapplicable.
14.3. You shall be responsible for ensuring compliance with the terms and any of Our other rules including the terms governing the service fees, or other rules. If You do not agree with any part of such terms, You must not avail of any of the services.
15. Force Majeure
15.1. We shall not be liable for delays, injuries or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control (Force Majeure), such as acts of God, pandemics, fire, strikes, pandemic and its fallout, cyber-attacks, embargo, acts of government, acts of terrorism or other similar causes.
15.2. You agree and acknowledge that in such Force Majeure circumstances We may be unable to honour the services if and where confirmed.
16. Log Files
16.1. We follow a standard procedure of using log files. These files log visitors when they visit the Platform. All hosting companies do this as part of hosting services' analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the Platform, and gathering demographic information.
17. Cookies and Web Beacons
17.1. Like any other website, We use 'cookies'. Cookies are small files that reside on Your computer's hard drive and generally contain an anonymous unique identifier and are accessible by the website that placed them there and not any other sites (Cookies).
17.2. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing Our web page content based on visitors' browser type and/or other information.
18. Advertising Partners Privacy Policies
18.2. Note that We have no access to or control over these cookies that are used by third-party advertisers.
19. Third-Party Privacy Policies
20. Consent to Transfer
20.1. We are operating in India. If You are located outside of India, please be aware that information we collect will be transferred to and processed as per the laws governing such activity in India. By using the Our Platform or the Services, or providing us with any information, you consent to this transfer, processing and storage of your information in India.
21.1. This Policy shall not be assignable by You without obtaining Our prior written consent. We may assign this Policy at Our sole discretion without having to issue any notice to You.
22.1. Notices or other communication required or permitted to be given to Us shall be in writing and delivered personally, or by registered post acknowledgement due, or by internationally recognized courier service, or by legible fax addressed to Our address set out below, or to such other address or fax number as We may from time to time notify to Youto Us: Address: A261 Zonasha Paradiso Alpine Eco Road, Doddenekundi, Bangalore 560048 Attention of: Mr. Prashant Kumar Email: email@example.com
23.1. No failure or delay in exercising any right, power or remedy, by Us under this Policy shall operate as a waiver thereof. No single or partial exercise of any right, power or remedy under this Policy by Us shall preclude any further exercise thereof or the exercise of any other right, power or remedy by Us.