Last Updated: 07.04.2020
What is personal data?
We collect information about you in a range of forms, including personal data. As used in this Policy, “personal data” is as defined in the General Data Protection Regulation, this includes any information which, either alone or in combination with other information we process about you, identifies you as an individual, including, for example, your name, age, gender, date of birth, postal address, email address and telephone number. Medical records and health related information are sensitive personal information.
Why do we need your personal data?
We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Site and the services offered by the Company. If you registered with us, you will have been asked to tick to agree to provide this information in order to access our services, purchase our services, or view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our Site.
We will process your personal data for:
- Communicating with you;
- Providing you services offered by the Company;
- Offering new services;
- Analytical purposes after de-identifying data for research studies, betterment of services, understanding your experiences and improving the overall health delivery services;
The Company may record your communication with the medical doctor during your online consultation and you expressly consent for such recording. The recording is for the Company to improve the services and for training and quality purposes.
We collect information about you, for example, your name, username, email address, gender, birth date, weight, height, location, nutrition data, workouts, physical activity, photographs, and sleep habits and we may collect other activity, or health-related information to provide certain services.
Information You Give Us. This includes:
- The personal data you provide when you register to use our Site, including your name, postal address, email address, telephone number, username, password and demographic information (such as your gender);
- the personal data that may be contained in any video, comment or other submission you upload or post to the Site;
- the personal data you provide in connection with our rewards program and other promotions we run on the Site;
- the personal data you provide when you report a problem with our Site or when we provide you with customer support;
- the personal data you provide when you make a purchase thorough our Site; and
- the personal data you provide when you correspond with us by phone, email or otherwise.
Information Automatically Collected.
We automatically log information about you and your computer or mobile device when you access our Site. For example, when visiting our Site, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We collect this information about you using cookies.
Automated Decision Making and Profiling
We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.
What are cookies?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.
We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site; and (2) third party cookies, which are served by service providers on our Site, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Cookies we use
Our Site uses the following types of cookies for the purposes set out below:
Type of cookie – Purpose
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.
We may use other companies to serve third-party advertisements when you visit and use the Site. These companies may collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use tracking technologies to collect this information. Other companies’ use of their tracking technologies is subject to their own privacy policies.
We may use your personal data as follows:
- to operate, maintain, and improve our Site, products, and services;
- to manage your account, including to communicate with you regarding your account, if you have an account on our Site;
- to operate and administer our rewards program and other promotions you participate in on our Site;
- to respond to your comments and questions and to provide customer service;
- to send information including technical notices, updates, security alerts, and support and administrative messages;
- with your consent, to send you marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;
- As we believe necessary or appropriate
(a) to comply with applicable laws;
(b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities;
(c) to enforce our Policy; and
(d) to protect our rights, privacy, safety or property, and/or that of you or others;
- for analysis and study services; and
- as described in the “Sharing of your Personal Data” section below.
We may share your personal data as follows:
- Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so.
- Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as marketing, data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services.
Our Site may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.
You may share personal data with us when you submit user generated content to our Site, including via our rewards program, forums, message boards and blogs on our Site. Please note that any information you post or disclose on our Site will become public information, and will be available to other users of our Site and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our Site. Such personal data and other information will not be private or confidential once it is published on our Site.
If you provide feedback to us, we may use and disclose such feedback on our Site. We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.
We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us.
Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of your information or personal / sensitive data, if such loss, damage or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond the reasonable control of the Company and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
We will only retain your personal data as long reasonably required for you to use the Site until you close your account/cancel your subscription unless a longer retention period is required or permitted by law (for example for regulatory purposes).
Our Site is/are not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.
- Not provide personal information. You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our services.
- Opt-out. You may contact us anytime to opt-out of:
(i) direct marketing communications;
(ii) automated decision-making and/or profiling;
(iii) our collection of sensitive personal data;
(iv) any new processing of your personal data that we may carry out beyond the original purpose; or
(v) the transfer of your personal data outside the EEA. Please note that your use of some of the Site may be ineffective upon opt-out.
- You may access the information we hold about you at any time via your profile/account or by contacting us directly.
- You can also contact us to update or correct any inaccuracies in your personal data.
- Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
- Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: email@example.com. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
We welcome your comments or questions about this Policy. You may contact us in writing at firstname.lastname@example.org or #353, 354A, 8th Main, Basaveshwarnagar, Bangalore, India.
In case of any complaints or grievances, the user may contact the Grievance Officer as under:
Chief Operating Officer: Suhas@janisthaaivf.com (+91-7022818728).
The governing law of the Terms shall be Karnataka, India. In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to this Policy or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation shall be referred to arbitration in accordance with the Indian Arbitration and Conciliation Act, as amended. The arbitration proceedings shall be presided by a sole arbitrator and the proceedings shall be in English language. The venue of arbitration shall be in Bangalore. The arbitration award shall be final and binding. The arbitration proceeding and subject matter of the dispute referred to arbitration shall be confidential between the parties to such arbitration.