1.YOUR PRIVACY - OUR COMMITMENT
You have the option not to provide us the Information sought to be collected. If You do not provide us Your Information or if You withdraw the consent at any point in time, we will not be able to offer the Services available on the Platform.
As used in these Terms, the following terms shall have the meaning set forth below:
Confidential Information shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to content on the Website, Application, Registered User Information, all types of data, information, ideas, specifications, procedures, source code, software architecture, software design, product designs, personal information, business plans, projections, marketing data and other similar information provided by a party, documentation, the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or intellectual property rights such as trade names, trademarks, copyright, patents, designs, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.
2.Effective Date means the Date on which You accept these Terms by clicking 'Sign Up' or 'I Accept' or entering into an agreement with the Company.
3.Services means the services being offered to Registered Users by the Platform to lead a healthy stress free lifestyle which include amongst others identifying sources of stress leading to lifestyle/medical issues, combatting stress and other medical/lifestyle conditions through setting up routines, following medication, creating awareness regarding such conditions by means of informative and relevant articles, smart reminders for preferred routines set by the registered users, reminders for taking medication, daily progress reports and trackers, smart insights regarding coping mechanisms, and such other services and features as may be introduced by Brainsight from time to time.
4.Registered User shall mean any person who is competent to contract under applicable laws and who signs up and registers as a user on the Platform for using the Services.
5.Registered User Information means information regarding Registered Users which includes personal and medical information such as name, age, gender, height, weight, date of birth, email address, mobile number, (Personal Information) and information pertaining to diseases or disorders affecting them mental or physical, medicines they take (Sensitive Personal Information), email addresses of the doctors they consult, and any other information which may be provided by a Registered User through using or which may be collected by the Platform when the Registered User uses the Services.
6.Visitor refers to any individual/entity who browses the Platform, but has not yet registered.
7.All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
4.INFORMATION WE COLLECT
4.1 Information Provided to Us:
We receive and store Personal Information (i.e. includes information that whether on its own or in combination with other information may be used to readily identify or contact the Registered User) and Non-Personal Information.
Personal Information: Registered Users
You as a Registered User will be required to provide certain information in order to use the Platform and Services offered therein such as your complete name, address, email address, age, date of birth, gender, information pertaining to your medical history, mental health history, any problems or disorders you are facing, etc., when creating an account on the Platform. We will also collect information which would help determine your eligibility to avail the Services offered by the Platform, information which would help us process requests made by you for the use of Services offered by the Company such as age or documents for proof of age, etc. We shall also collect any other information that is required in order to provide smooth mobile experience, including but not limited to SMS access for auto- OTP verification, camera/gallery/contacts access, and other features on the phone or electronic device for offering various functionalities within the Platform. You always have the option to not provide information by choosing not to use a particular Service or feature. Importantly, we only collect Personal Information about you that we consider necessary for achieving this purpose and communicating with you about the Services being offered.
Non-Personal Information: Registered Users/Visitors
Information Collected Automatically: When you use the Platform as a Registered User or Visitor, we automatically receive and record information on our server logs from your browser or mobile, including but not limited to your hardware model, browser type, IP address, operating system version, unique device identifiers, type of mobile you use, the mobile network information your geographic location, the URL that you just came from, your computer browser information, your ISP, and other technical information. We may also collect information about how your device has interacted with the Platform, including the pages accessed and links clicked. We treat this data as Non-Personal Information, except where we are required to do otherwise under applicable law.
5.USE OF INFORMATION COLLECTED
5.1 Use of Personal Information:
We will use and store Personal Information of Registered Users to:
(i)deliver Services to you, including registering you for our Services, verifying your identity and authority to use our Services, and to otherwise enable you to use the Platform and our Services;
to maintain, and improve our Services, including, for example, to provide Services you request (and send related information), develop new features, provide customer support to You;
(ii)develop safety features, authenticate users;
(iii)send updates and administrative messages;
(iv)market and promote the Service and for the internal operational and administrative purposes of the Service,
(v)If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on Platform or Software we may collect such information into a file specific to you;
(vi)to improve our marketing and promotional efforts;
(vii)to analyze Platform usage;
improve the Platform content and Service offerings;
(viii)customize the Platform content, layout, and Services;
(ix)to provide you with a smooth, efficient, safe and customized experience while using the Platform and
(x)use the information in order to comply with country laws and regulations;
(xi)You agree that the information provided by you with respect to health conditions, medical records and history, or any other highly sensitive information through texts, images, videos on the Platform and/or communicated through other means provided by the Company may be collected by the Company to maintain records into a file specific to you.
5.2 Use of Non-Personal Information:
We may freely use Non-Personally Identifiable Information in connection with the Services offered through the Platform, including: to administer the Services being offered thereunder, to understand how well the Service is working, to market the Services and other products
and services, to develop aggregate, statistical information on usage of the Service and to generally improve the Service. Collecting this information enables us to better diagnose problems with our server and to administer the Platform, as well as understand the visitors who come to the Platform where they come from, and what content is of interest to them. This information aids us in merchandising and in developing the design and layout of the Platform.
6. OUR DISCLOSURE OF YOUR INFORMATION
We may also use your Personal Information to deliver information to you that, in some cases, are targeted to your interests, such as new services, rewards and promotions. The following are some circumstances under which and people to whom we would share your Information with from time-to-time:
6.1 Disclosure of Personal Information:
(ii) when we have your consent to otherwise share the information.
6.2 Non-Personally Identifiable Information: We may disclose other Non-Personally Identifiable Information to third party advertisers and advertising agencies, partners, and other parties in order for us and such third parties to analyze (a) the performance of, to operate and improve the Services offered through the Platform and (b) the behavior of Registered Users and to target offers and services to other users and depending upon their requirements. We may also disclose, use or publish this information for promoting the Services offered under the Platform. These third parties are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced operation, unless you have explicitly agreed or given your prior permission to them for additional uses.
6.3 Aggregate Information: Because the aggregate information we collect does not specifically identify you, it may be shared with any number of parties. For example, we may disclose anonymous, aggregated information to third parties such as potential business partners, end users, service providers, advertisers, and funding sources, in order to describe our business and operations.
7.STORING YOUR INFORMATION
Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain correspondence and transaction details until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When personal data is no longer needed, we either irreversibly anonymize the data (and we may further retain and use the anonymized information) or securely destroy the data.
8.ACCESS OR CHANGE YOUR PERSONAL INFORMATION
You may review, correct, update, change or delete your information at any time by contacting us at firstname.lastname@example.org. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information.
Even after you remove information from the Platform, copies of that information may remain viewable elsewhere, to the extent it has been shared with others or it was otherwise distributed pursuant to your privacy settings. Removed and deleted information may remain on backup media for up to ninety (90) days prior to being deleted from our servers or for a period as required by law.
10.SECURITY OF PERSONAL INFORMATION
We take reasonable security measures and procedures, and as specified by applicable law, to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, or unauthorized access, disclosure or modification of Personal Information. While we take these reasonable efforts to safeguard your personal information, you acknowledge and agree that no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity. You agree and undertake that you shall not hold Company liable therefore in any way. The use and storage of any information, including without limitation, password, account information, transaction activity and any other information available on your internet access device or computer or mobile phone is at your own risk and responsibility. You furthermore acknowledge and accept that Company may not encrypt all content or communications shared on the Platform.
In accordance with Information Technology Act 2000 and rules made there under, in case of grievances you can contact:
BrainSight Technology Private Limited
4th Floor, No. 22 (#351),
Salarpuria Towers – I,
Hosur Road, Koramangala,
Bangalore - 560095
This Policy shall be governed by and construed in accordance with the laws of the Republic of India. The courts at Bangalore, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
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