Privacy Policy

With effect from 29th August, 2018

Welcome to Wellthy Care (the “Platform”). This Platform and its suite of products and services is owned and operated by Wellthy Therapeutics Private Limited, having its registered office at 20, Nagin Mahal, 5th Floor,82, Veer Nariman Road, Church Gate, Mumbai - 400020 (hereinafter referred to as the “Company” or “us” or “we”, which expression shall mean and include its officers, successors and permitted assigns). The Company is engaged in the business providing a variety of services, through a combination of artificial intelligence and health coaches in the context of health and lifestyle modifications including human coaching support, structured content support, chatbot coaching support, medication reminders and other related services which may be specified by the Company from time to time (“Services”). The Services may be provided by the Company through the Platform, and its suite of products and services, as may be identified by the Company from time to time. This Privacy Policy (“Privacy Policy”) sets out the privacy practices of the Company with respect to the entire scope of Services provided by the Company.

This document is published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use on an online portal of the Company. We request you to go through this Privacy Policy and the Terms of Use [insert hyperlink] [a]carefully before you decide to access this Platform.

For the purposes of this Privacy Policy, the words “us”, “we”, and “our” refer to the Company and all references to “you”, “your” or “user”, as applicable mean the person who accesses, uses and/or participates in the Platform in any manner or capacity.

The Company is strongly committed to protecting the privacy of its users and has taken all necessary and reasonable measures to protect the confidentiality of the user information and its transmission through the internet. The Company will not be held liable for disclosure of any information if such disclosure is in accordance with this Privacy Policy, the Terms of Use and/or applicable law. If you object to your information being transferred or used in accordance with this Privacy Policy, please do not use the Platform.

All capitalized terms used but not defined herein shall have the meaning ascribed to in the Terms of Use.

  1. Information Collection
  1. You (i.e. the User) are the sole owner of your (i.e. User’s) information. The Company just collects your information through the Platform for providing the products and services you have signed up for. We will not sell, share, transfer or rent any personal information to others in ways different from what is disclosed in this statement and the Terms of Use.
  2. The Company collects information from you on the Register/Log-in page of the Platform. In the sign up page, you are required to give your personally identifiable contact information (such as name, mobile number and email ID etc.). A verification process is used to confirm your identity through the contact information that you provide. When the Platform requests your identity, the Platform will clearly indicate the purpose of the inquiry before the information is requested.
  3. Once a registered participant, you have the option of providing additional personally identifiable, health and other information including but not limited to age, height, weight, occupation, name of your doctor, hospital or other healthcare provider, location, data relating to your diet, activity levels, exercise, medical reports (if any), medical history, mobile number, email ID, name of a primary caregiver, contact details of the primary caregiver and other personal information to avail of the Services provided through the Platform. Providing additional information beyond what is required at registration is entirely optional and can be altered or removed by you at any time. We assume that any information provided by you relating to a primary caregiver has been provided after obtaining due consent of such primary caregiver.
  4. Every computer/mobile device connected to the Internet is given a domain name and a set of numbers that serve as that computer's Internet Protocol or "IP" address. When you request a page from any page within the Company platform, our web servers automatically recognize your domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed the Platform.
  1. Children's And Minor's Privacy

The Company strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Platform is not intended for use by minors, the Company respects the privacy of minors who may inadvertently use the internet or the Platform.

  1. Data Retention

Subject to the other terms contained in this Privacy Policy and the Terms of Use, your information will be retained with the Company until you specifically request the Company to destroy such information by way of a written request. The Company shall, upon receipt of such request from you, proceed to delete such information after carrying on internal verification procedures. Notwithstanding the foregoing, the Company will retain and use your information as necessary to comply with its legal obligations, resolve disputes, carry on audits, and enforce its agreements or for other business purposes.

  1. Opt Out Procedures

Upon initial communication from the Company, you may opt-out of receiving further communications from the Company. To be completely removed from the Company subscription list, you may contact us at helpdesk@wellthy.care. If you are using an e-mail forwarding service or other similar service please make sure to include the correct e-mail address or addresses.  

  1. Company as a Pass-Through Facilitator

The Company may be a pass-through facilitator for data under a contract with a client or partner (“Enterprise Client”). In such cases, the Company shall not be deemed to be the owner of such information. The Company may, as part of the agreement with such Enterprise Clients, use the information collected from such Enterprise Client to provide the relevant services to the user. The Company may continue to use the data for the purposes identified in this statement and the Terms of Use.

Please note however, that in respect of any information received by the Company under certain specific patient support program: (a) the Company shall retain identified data for a period of 5 (Five) years from the date of termination of such agreement, for performance of its contractual obligations, audits, diligence thereunder; and (b) the Company shall thereafter be permitted to retain only de-identified data for such period of time as may be necessary. The de-identified data at any point of time will be used for the purpose of compliance with applicable law, carrying on its contractual obligations, for carrying on audits and for improvement of its technology and strengthening its AI engine. All personal identification data will be deleted after a period of 5 years from the date of termination of agreement.

  1.  Use Of The Information Collected

6.1.    Use Of The Information For Services

The primary goal of the Company in collecting the information is to provide you the Services as defined in the Terms of Use [insert hyperlink]. [b]The Company may use the personal and non-personal information provided by you, including but not limited to, the following ways:

  1. Identify and reach you;
  2. Resolve technical issues of access to the Platform via telephone or email;
  3. Provide you with further information, products and services;
  4. Better understand users’ needs and interests;
  5. Personalize your experience and customizing experience;
  6. Diagnosing and assisting you in your clinical, health and general wellbeing progress;
  7. Run statistical research and undertake scientific publications
  8. Improving the product and services offered to current and future users and partners by improving parts of the Platform, including but not limited to the algorithms, logic systems, content, decision support, engineering, artificial intelligence;
  9. Providing access to your information to healthcare practitioners and partners;
  10. Providing data to clients or partners under the terms of agreement with them;
  11. Providing access to your “User Profile” to other users of the Platform, Company administrators, Company moderators, Health Coaches and Primary Caregivers;
  12. For carrying on audits, due diligence for effecting investments in the company
  13. Detect and protect us against error, fraud, and other criminal activity;
  14. Make disclosures as may be required under applicable law.
  15. Improve our Platform in order to better serve the user;
  16. Allow us to better service the user in responding to customer service requests;
  17. Administer a contest, promotion, survey or other site feature; and
  18. Provide access to other users as part of a social feed, in order to provide motivation or assistance to such other users

  1. Disclosure to primary caregiver
  1. Information collected from you may be transferred to your primary caregiver (as identified by you), as part of the Services.
  2. The Company may, at its sole discretion, be entitled to contact the primary caregiver (as identified by you) at scheduled intervals and at unscheduled times and provide any information relating to you, as may be deemed beneficial or essential by the Company. The Company shall periodically update the primary caregiver relating to your health and progress based on the statistics available in the Platform, and any other relevant information that the Company believes is relevant to improve your health, clinical and general wellbeing outcomes. The Company may also reach out to the primary caregivers at unscheduled times upon occurrence of an Adverse Event, emergency event, or if you have not engaged with the Platform or your Health Coach for a long duration.

For the purposes of this Privacy Policy, the term “Adverse Event” shall refer to any adverse health consequences, or adverse medical events, that occur consequent to, or resulting out usage of any drug, medical device or as part of any therapy or consultation that the user is currently on or has been on.  

  1. Sale of Assets, Merger, Acquisition

The Company may share your information, including your information with our parent, subsidiaries and affiliates for internal purposes. The Company also reserves the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Platform, Website or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process. You will be notified via email and/or a prominent notice on our Platform and/ or Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

  1. Cookies

Cookies are small pieces of information saved by your browser onto your computer/mobile.  Cookies are used to record various aspects of your visit and assist the Company to provide you with uninterrupted Service. The Company does not use cookies to save personal information for unauthorized uses.

  1. Ownership of work products

Any information provided by you through the Platform may be utilized by the Company for carrying on data analytics, derivatives, and other work products. The Company shall be deemed to be the sole owner of any and all such data analytics, derivatives and work products, and may use all such data analytics, derivatives and work products for each of the purposes identified in this Privacy Policy and the Terms of Use.

  1. Non-disclosure of Information

Subject to the provisions of this Privacy Policy and the Terms of Use, the Company pledges that it will not sell or rent your personal details to anyone and your personal information will be protected and maintained strictly confidential by the Company except in the following cases:

  1. The Company may disclose your personal information in the event it is required to do so by law, rule, regulation, law, enforcement, governmental official, legal or regulatory authorities and, or, to such other statutory bodies who have appropriate authorisation to access the same for any specific legal purposes;
  2. The Company may disclose your information in order to provide you the Services, enforce or apply the Terms of Use, or to protect the rights, property or safety of the Company, its users or others. This includes exchanging information with other companies / agencies that work for fraud prevention;
  3. The Company may disclose your information to such third parties to whom it transfers its rights and duties under any agreement entered into with such third parties; and
  4. The Company may disclose your information to any of its affiliates or related entity.
  1. Sharing Of Information
  1. Sharing

The Company may share aggregated personal information with the Company's partners / clients as per the terms of any agreement with such partner / client. The data shared may be on an identified or deidentified basis, based on the terms agreed by the Company with such partner / client. Information available with the Company may be shared by the Company even after completion of the Services. The Company shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond the Company's control.

  1. Consulting and Sub-Contracting

The Company may sub-contract all or part of the Services to a third party sub-contractor, partner with another party to provide specific services. When you sign up for these services, the Company will share names, or other contact information that is necessary for the third party to provide these services. Per the Company's contractual arrangements with parties, these parties are not allowed to use personally identifiable information except for the explicit purpose of providing these services.

  1. Spam

The Company maintains a strict "No-Spam" policy, which means that the Company does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.  

  1. Exclusion
  1. This Privacy Policy does not apply to any information other than information collected by the Company via any means, including the Platform, including such information collected in accordance with the clause on “Use of the Information Collected” above. This Privacy Policy will not apply to any unsolicited information provided by you through this Platform or through any other means. This includes, but is not limited to, information posted on any public areas of the Platform. All such unsolicited information shall be deemed to be non-confidential and the Company will be free to use, disclose such unsolicited information without limitation.
  2. The Company also protects your personal information off-line other than as specifically mentioned in this Privacy Policy. Access to your personal information is limited to employees, agents, consultants or partners and third parties, who the Company reasonably believes will need that information to enable the Company to provide Services to you. The Company will make best efforts to ensure that your personal contact information is protected. However, the Company is not responsible for the confidentiality, security or distribution of your personal information by our partners and third parties outside the scope of our agreement with such partners and third parties.
  1. The Company Forums

When you interact with our Platform or avail the Services, your comments, your name, your mobile number and IP address may be recorded for purposes of maintaining your own account within the Platform. This information is not used to personally identify you outside the Company Platform and Services. In order to diffuse the information in the Company forum to a wider audience, the Company may, from time to time, collect some of your comments to use in a specific publication, print, electronic mailing or other public dissemination. At no point however will your name, your mobile number or IP address be revealed without your consent. In addition, when your comments are used in this fashion, they may be edited to fit with the general content of the publication being prepared.

Protection Of Information

  1. Security of Information
  1. The Company takes the security of your information very seriously. The Company protects your information from loss, misuse and unauthorized access, disclosure, alteration and destruction by using [please insert method of security for protection of data adopted by the Company].[c] The Company has put in place appropriate methods and managerial procedures to safeguard and secure such information. It only processes personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. The Platform allows users access to their personal information and allows them to correct, amend or delete inaccurate information.
  2. The Company uses commercially reasonable precautions to preserve the integrity and security of your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment.
  3. The information that is collected from you may be transferred to, stored and processed at any destination within and / or outside India. By submitting information on the Platform, you agree to this transfer, storing and / or processing. The Company will take such steps as it considers reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy.
  4. In using the Platform, you accept the inherent security implications of data transmission over the internet. Therefore, the use of the Platform will be at your own risk and the Company assumes no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond its reasonable control and you agree not to hold the Company responsible for any breach of security.
  5. In the event the Company becomes aware of any breach of the security of your personal information, it will promptly notify you and take appropriate action to the best of its ability to remedy such a breach.
  1. Confidentiality

The Company takes all necessary precautions to protect your personal information both online and off-line. No administrator at the Company will have knowledge of your password.

Other Links

The Platform may contain links to other sites, products, platforms and services. These are not necessarily under the control of the Company. Please be aware that the Company is not responsible for the privacy practices of such other sites. The Company encourages you to read the privacy policies of each and every web site that collects personally identifiable information. If you decide to access any of the third-party sites linked to Platform, you do this entirely at your own risk. Any links to any partner of the Platform should be the responsibility of the linking party, and the Company shall not be responsible for notification of any change in name or location of any information on the Platform.  

  1. Notification of Changes

We may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way we treat your personally identifiable information, or in the Privacy Policy document itself, we will display a notice on the on the Company website or send you a notification or update of the same through electronic means either within or outside the Platform, so that you may review the changed terms. As always, if you object to any of the changes to our terms, and you no longer wish to use the Platform, you may contact helpdesk@wellthy.care to deactivate your account. Unless stated otherwise, our current Privacy Policy applies to all information that the Company has about you and your account.

Using the Company Services or accessing the Platform after a notice of changes has been sent to you or published on our website shall constitute your consent to the changed terms.

  1. Consent To This Policy

The Terms of Use Agreement is incorporated herein by reference in its entirety.

  1. Grievance Officer

If you have any grievance with respect to the Platform or the Services, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Anam Dhila

anam.dhila@wellthy.care

The Grievance Officer shall redress your grievances expeditiously, within 1 (one) month from the date of receipt of grievance. Except where required by law, the Company cannot ensure a response to questions or comments regarding topics unrelated to this policy or the Company's privacy practices.  

  1. CONSENT

By consenting to the terms under this Privacy Policy, you hereby provide express consent to the Company to collect, share, transfer, store, retain, disseminate or use the information collected by the Company from your usage of the Platform in accordance with the terms of the Privacy Policy. The Company will continue to retain information provided by you until you specifically request the Company to destroy such information. You may, at any time, withdraw consent for the collection or processing of any information provided by you, by sending an email to [insert email address]. Upon verification of such request, the Company may, subject to its obligations pursuant to law, destroy all information provided by you from its servers. However, please note that the Company shall continue to retain a copy of the information provided by you for the purpose of carrying out periodic audits. In such a case, the Company shall also instruct its partners/ clients to delete any copy of your information. However, the Company shall not have the obligation to validate or enforce any such deletion by the partner / client.

You have read this privacy policy and agree to all of the provisions contained above