Privacy Policy
SMD Wellness Private Limited (“SMD Wellness” or “eMbrace Lives” or “we” or “us” or “our”), respects every
individual’s right to privacy and it is our endeavour to protect their personal and sensitive personal
data or information (defined below).
This Privacy Policy (“Policy”) applies to all visitors
(i.e., those who do not have an Account with SMD Wellness) and users (i.e., those who have an Account with
SMD Wellness) (collectively referred to as “User”) who share their personal and/or sensitive personal data
or information with us, while browsing, accessing and using our Platform and/or Services. The purpose of
this Policy is to inform Users regarding collection, use, storage, transfer and disclosure of their data
or information. Before submitting any information to us, please carefully read this Policy to understand
how we shall deal with your information.
The User acknowledges that this Policy is a part of
our Terms & Conditions (insert hyperlink). All capitalised terms used herein but not defined shall
have the same meaning as ascribed to them in the Terms & Conditions. Access, browsing and continuous
use of the Platform and/or our Services, constitutes the User’s unconditional consent to this Policy read
together with our Terms & Conditions. If the User does not agree with the terms of this Policy, please
do not visit and use our Platform and Services. This Policy can be easily accessed on our Platform.
SMD
Wellness reserves its right to modify, alter, and update this Policy at any time, with or without prior
notice. Users shall be notified of material changes to this Policy as updated on this page so that they
are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose
it. If a User continues to use the Platform or avail our Services after any modification, amendment,
alteration or change of this Policy, irrespective of its publication on the Platform, such User shall be
deemed to provide consent to this Policy and SMD Wellness’ other policies and practices existing at the
time of visiting, accessing and/or using the Platform and Services.
This Policy is published in
compliance of:
(i) Section 43A of the Information Technology Act, 2000
(ii) Regulation 4
of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Information) Rules, 2011 (“SPI Rules”)
Definitions
“Personal Information” means as any information that relates to a natural person, which either directly
or indirectly or in combination with other information, available or likely to be available with a body
corporate, is capable of identifying such person. Such information includes name, address, mobile number
etc.
“Sensitive personal data or information” of a person means their personal information
which consists of information relating to:
(i) passwords;
(ii) financial information such
as bank accounts or credit card or debit card or other payment instrument details;
(iii) physical,
physiological and mental health condition;
(iv) sexual orientation;
(v) medical records and
history;
(vi) biometric information;
(vii) any of the information received under above clauses
by body corporate for processing or storage under lawful contract or otherwise.
Information
which is freely available in the public domain or furnished under the Right to Information Act, 2005 or
any other law shall not be regarded as Sensitive personal data or information.
Consent for Processing of information
Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling
of their Personal Information (collectively referred to as “Processing”) by accessing or availing Services
on the Platform. When a User provides her personal information to avail a therapy package, access
self-care guides/modules, fill assessment forms, interact with the psychologists or engage with the
Platform in any manner whatsoever, we imply that she consents to the Processing of her personal
information.
In accordance with Rule 5 of SPI Rules, Users provide their specific consent to
the Processing of their Sensitive personal data or information for lawful purposes enumerated in this
Policy.
If a User changes her mind and wants to withdraw the consent for us to contact her or for
continued Processing of her data or information, at any time, she may do so by contacting us at
info@embracelives.com or mailing
us at Shop No. 2, First floor, CSC Sector-C, Pocket-1, Vasant Kunj, Delhi, 110070.
Types of information we collect
Users who access and use our Platform and/or Services are required to submit certain Personal Information
and Sensitive personal data or information for creating an Account and entering into transactions with us.
Personal Information and Sensitive personal data or information which may be collected by us includes:
1.
full name and age;
2. username and password of User’s registered Account;
3. postal address;
4.
e-mail address;
5. mobile number;
6. details of current medical condition including any personal
history of mental illness;
7. additional information that may be required to provide invoices and/or
order confirmation;
8. internet protocol (IP) addresses (through cookies);
9. individual web
pages or products/services viewed by the User;
10. URL of website or search terms that referred the
individual to the Platform;
11. URL of website accessed prior to and post Users’ accessing our
Platform;
12. credit/debit card number, credit/debit card expiration date and/or other payment
instrument details;
13. User’s comments, feedback, queries, e-mails, letters, suggestions provided to
us;
14. third-party information about concerned User’s activities, interactions or postings on the
Platform;
15. any other information relevant for accessing and using our Platform and/or Services as
maybe required by us.
Purpose of collection
We shall collect your Personal Information or Sensitive personal data information or information only for
specific, clear and lawful purposes. These include:
1. to have effective communication with the
User.
2. to give the User a safe, efficient, smooth and personalised experience while using our
Platform and Services;
3. to give the User a customized personalised experience;
4. to improve
our Services;
5. to respond to your queries or complaints generally related to our Services, etc;
6.
to send promotional e-mails containing information about our existing and new services, newsletters,
notify changes in this Policy or other policies etc;
7. to analyse the traffic on our Platform and
conduct market research regarding Users’ demographics, interests, and behaviour;
8. to create new
products and services;
9. to detect, prevent and address error, fraud, criminal activity, abuse of
our Services and technical issues;
10. to enforce our Terms & Conditions;
11. other such
lawful purposes as described at the time of collection of Personal Information or Sensitive personal data
or information.
How information is collected
We collect information which the User voluntarily provides us at the time of visiting, accessing,
browsing and using our Platform and Services. We also collect data automatically by analysing your online
behaviour (through cookies).
The User has an option to not provide us with certain information
or withdraw consent to provide certain information at any time, in accordance with the terms of this
Policy. In case consent is withdrawn, we shall retain your Personal Information or Sensitive personal data
or information for a period deemed appropriate by us or as mandated by Applicable Law. On revoking of your
consent, we reserve the right to limit access to the various features and Services provided on the
Platform.
Third-party Services
In general, third-party providers used by us will only collect, use and disclose your information to the
extent necessary to allow them to perform the services they provide to us. However, certain third-party
service providers, such as payment gateways and other payment transaction processors, have their own
privacy policies in respect to the information we are required to provide to them for your
purchase-related transactions. For these providers, we recommend that you read their privacy policies so
you can understand the manner in which your personal information will be handled by these providers. In
particular, remember that certain providers may be located in or have facilities that are located a
different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves
the services of a third-party service provider, then your information may become subject to the laws of
the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our
Platform or are redirected to a third-party website or application, you are no longer governed by this
Policy or our Platform’s Terms & Conditions.
Disclosure of information
You expressly consent to and authorize us to share your Personal Information and Sensitive personal data
or information with any third party, to the extent and for the lawful purposes as stated in this Policy.
We shall not disclose your Personal Information or Sensitive personal data or information to any
government institution or authority, except where such disclosure is (i) obligated by Applicable Law, (ii)
requested by a lawfully authorized government authority, (iii) pursuant to a judicial decree, (iv) for
enforcing and protecting legal rights of SMD Wellness or others, (v) for seeking any relief, (vi) for
defending any charge, (vii) for opposing any claim, (viii) for enforcing this Policy or our Terms &
Conditions, (ix) for obtaining any legal advice, (x) in case of violation of our Terms & Conditions
and (xi) in case of any vulnerable child or adult protection issues, drug trafficking, previously
unreported criminal activity, terrorist or homicidal activity. We also reserve our right to disclose,
share or transfer your Personal Information or Sensitive personal data or information to a third-party due
to any change in ownership, merger, restructuring or sale of our business assets.
Use of cookies and other technologies
To improve the effectiveness and usability of the Platform for our Users, we use “cookies” or similar
technology to collect information in order to understand the User’s individual interests. Our web servers
automatically collect limited information about the User’s computer connection to the internet, including
User’s IP address, when the User visits the Platform (User’s IP address is a number that lets computers
connected to the internet know where to send data to the User such as the web pages viewed by the
User).
Users may encounter “cookies” or other similar devices on certain pages of the Platform
that are placed by third-parties. We do not control the use of cookies by third-parties and disclaim any
obligation or liability associated thereto.
Links to third-party websites
The Platform may provide links to third-party websites which may or may not collect information about the
User. The User acknowledges that this Policy does not cover the collection and use of information by such
sites and that we shall not be responsible for the privacy policies, practices or content of the linked
websites. We recommend you to read the privacy policy of such websites.
Correction and updation of information
The User shall promptly notify us in case any Personal Information or Sensitive personal data or
information provided by such User as maintained in our records is inaccurate, misleading or incomplete.
Further, the User may also review, update or modify the information by logging into their Account on the
Platform. We shall not be responsible for the authenticity of Personal Information or Sensitive personal
data or information provided by a User.
Retention of information
Your Personal Information and Sensitive personal data or information may be retained and used until: (i)
the relevant purposes for the use of your information described in this Policy are no longer applicable;
and (ii) we are no longer required by Applicable Law, regulations, contractual obligations or legitimate
business purposes to retain your information; and (iii) the retention of your information is not required
for the establishment, exercise or defense of any legal claim.
Mailers
SMD Wellness may send direct mailers to the User at their registered e-mail address. The User has the
option to opt-out of direct mailers. SMD Wellness respects every User’s privacy and in the event that User
chooses to not receive such mailers, we will take appropriate steps to remove the User from our subscriber
list.
How we secure the information
The Platform has put reasonable security measures necessary to prevent misuse, unauthorised access,
modification, disclosure or destruction of your Personal Information and Sensitive personal data or
information in our control. We may undertake periodic review of our security safeguards and this Policy to
incorporate such future changes as may be appropriate to ensure that integrity of your Personal
Information and Sensitive personal data or information is intact. In case of any security breach which is
likely to cause harm to the User, we shall notify the User of such breach as soon as practicable and take
necessary measures to remedy the breach or mitigate any immediate harm.
Questions and contact information
If you would like to access, correct, amend or delete any Personal Information and Sensitive personal data
or information we have about you, register a complaint, or simply want more information, please e-mail us
at info@embracelives.com or mail
at Shop No. 2, First floor, CSC Sector-C, Pocket-1, Vasant Kunj, Delhi, 110070.