Introduction
Introduction
Privacy Policy
Effective from September 10, 2022
Privacy Policy for Wellnest Health Monitoring Pvt Ltd
At https://www.wellnest.tech/ your privacy is important to us. Our privacy policy (“Privacy Policy”) describes the information we collect, how we collect information, and the reasons we collect information. This Privacy Policy also describes the choices you have with the information we collect, including how you can manage, update, or request to delete information.
Please take a moment to review this Privacy Policy. You may scroll through this Privacy Policy or use the links below to navigate to specific sections. It is important that you understand this Privacy Policy. By using our website, mobile app, software, and/or services, you are agreeing to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, you may Contact Us at any time.
This Privacy Policy shall be deemed to be incorporated into the Terms of Use and shall be read in addition to the Terms of Use. Any terms capitalized but not used in this Privacy Policy shall have the meaning associated to them in the Terms of Service.
I. Who is Wellnest?
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When does our Privacy Policy apply?
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When does our Privacy Policy not apply?
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Our Privacy Policy and Terms of Service.
II. Personal Information
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What is Personal Information?
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What types of Personal Information do we collect?
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How do we collect your Personal Information?
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How do we use your Personal Information?
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How do we share your Personal Information?
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Your choices about how we share your Personal Information.
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How do I access and correct my Personal Information?
III. How do we collect your information?
IV. Cookies
V. How do we use your Personal Information?
VI. How do we share your Personal Information?
VII. Your choices about how we share your Personal Information
VIII. Children's Privacy
IX. Does Wellnest respond to Do Not Track signals?
X. Data Security
XI. Changes to our Privacy Policy
XII. Data Protection Law
XIII. Limitation of Liability
XIV. Governing Law
XV. Grievance Officer
XVI. Your Consent
I. Who is Wellnest?
Wellnest is a med-tech company founded out of a passion to employ innovation, design thinking, and cutting-edge technology to solve real healthcare problems across the globe. With a goal to reduce diagnostic delay, the organization pivoted to IoMT, developing diagnostic solutions that are affordable, accessible, and actionable. More
1. When does our Privacy Policy apply?
This Privacy Policy describes the types of information we may collect from you when:
a) You visit or use our Websites;
b) We communicate in e-mail, text message, and other electronic messages between you and us; and
c) We communicate in person, such as on the phone or through a visit.
2. When does our Privacy Policy not apply?
This Privacy Policy does not apply to information collected by any other website operated either by us or by a third party, unless the website is listed above or links to this Privacy Policy. It also does not apply to any website that we may provide a link to or that is accessible from our Services.
II. Personal Information
1. What is Personal Information?
Personal information is information from and about you that may be able to personally identify you.
Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to passwords, financial information (bank accounts, credit and debit cards, or other payment instruments), and physical information. Wellnest limits the collection of Personal Information to that which is necessary for its intended purpose.
2. What types of Personal Information do we collect?
We may collect and use the following personal information (hereinafter, collectively referred to as “Personal Information”):
a. Personal Identifiers
A real name, birth date, e-mail address, or shipping address.
b. Information that identifies relates to, describes, or is capable of being associated with a particular individual.
The name, username or online identifier, physical characteristics or description, shipping address, telephone number, credit card number, debit card number, or any other financial information, health or medical information, etc. (“SPDI”).
“Non-Personal Information” means information that does not specifically identify an individual or business, but includes information from you, such as your browser type, the URL of the previous websites you visited, your Internet Service Provider (ISP), operating system, and your Internet Protocol (IP) address. Wellnest may gather any non-personal information regarding how many people visit the Website, the pages they visit, their IP address, and the type of browser they used while visiting the Website, versions, time zone settings, and locations, operating systems, applications installed on your device, device ID, device manufacturer and type, device, connection information, screen resolution, usage statistics, default communication applications, and other technology on the devices you use to access the Website, maximum products purchased by a user. Such information shall also include all such Personal Information collected and stored by Wellnest that undergoes the process of de-identification and is no more identifiable to you or any natural person. Wellnest may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire, or a survey conducted by Wellnest.
“Usage Information” includes without limitation all data and information collected automatically through the Website (or through the third party analytics service providers), by use and access of the Website in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Website including without limitation to Non-Personal Information, cookies, Website traffic, time spent on the Website, number of visits to the Website and other similar information and behaviour indicating the mode and manner of use of the Website.
Personal Information, SPDI, Non-Personal Information and Usage Information hereinafter shall be referred to as “Information”.
III. How do we collect your Personal Information?
We collect most of this Personal Information directly from you. For example, when you set up an Account in to our Website or make a purchase on the Website without creating an Account, we may speak to you by phone, text message, and e-mail. Additionally, we will collect Information from you when you visit our Website and fill out forms.
We may also collect Personal Information in the following ways:
1) When you make payments through the Wellnest Service. We do not collect or store financial account
information, though we may receive transaction identifiers and summary information that does not include
credit card or bank account numbers.
2) When You Contact Us. When you contact Wellnest directly, such as when you contact our Customer Support
team, we will receive the contents of your message or any attachments you may send to us, as well as any
additional information you choose to provide.
3) We will also collect information automatically as you navigate through our Website. We use the following
technologies to automatically collect data:
IV. Cookies.
We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Services through your computer or mobile device. A “cookie” is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. Some of the cookies we use are "session" cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the Website and to limit the amount of redundant data that is downloaded during a single session.
We also may use "persistent" cookies, which remain on your computer or device unless deleted by you (or by your browser settings). We may use persistent cookies for various purposes, such as statistical analysis of performance to ensure the ongoing quality of our services. We and third parties may use session and persistent cookies for analytics and advertising purposes, as described herein. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access or use certain parts of our Services. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
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Google Analytics. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of our Website. Google Analytics uses cookies, to help our Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). For more information, please visit Google and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
V. How do we use your Personal Information?
We may use your Personal Information for the following purposes:
1) Operate, maintain, supervise, administer, and enhance our Website, including monitoring and analyzing the
effectiveness of content of the Services, aggregate site usage data, and other usage of the Services such as
assisting you in completing the registration process.
2) Provide our products and services to you, in a custom and user-friendly way.
3) Provide you with information, products, or services that you request from us or that may be of interest to you.
4) Promote and market our Services to you. For example, we may use your Personal Information, such as your e-mail
address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about
products or information we think may interest you. We also may use the information that we learn about you to
assist us in advertising our services on third party websites. You can opt-out of receiving these e-mails at any time
as described below.
5) To provide you notices or about your Account.
6) Contact you in response to a request.
7) To notify you about changes to our Services or any products or services we offer or provide through them.
8) Fulfill any other purpose for which you provide consent.
9) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us,
including for billing and collection.
10) To process and deliver your orders placed on the Website (including to manage payments, fees and charges and
collect and recovery money owed to us)
11) Anonymize and aggregate information for analytics and reporting.
12) To respond to law enforcement requests, court orders, and subpoenas and to carry out our legal and contractual
obligations.
13) Authenticate use, detect fraudulent use, and otherwise maintain the security of our Website, and the safety of
others.
14) To administer surveys and questionnaires.
15) To provide you information about goods and services that may be of interest to you, including through
newsletters.
16) Any other purpose with your consent.
VI. How do we share your Personal Information?
We may share Personal Information with third parties in certain circumstances or for certain purposes we do not sell your Personal Information , including:
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Our business purposes. We may share your Personal Information with our affiliates, vendors, third party service providers, and business partners, including our data hosting and data storage partners, analytics and advertising providers, technology services and support, and data security advisors. We may also share your Personal Information with professional advisors, such as auditors, law firms, and accounting firms.
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Other health-focused mobile apps. With your consent, we may share your Account information and data collected from your connected devices with other health-focused mobile applications installed on your mobile device to help you track your health and wellness information. If you share your information with these apps, your Personal Information, including your health information, will be used in accordance with privacy policies for those separate apps, not this Privacy Policy.
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With your consent. We may share your Personal Information if you request or direct us to do so.
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Compliance with law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.
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Business Transfer. We may share your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users are among the assets transferred.
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To enforce our rights. We may share your Personal Information to enforce any applicable terms and conditions and Terms of Service, and to ensure the safety and security of our Wellnest Services and our users.
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De-identified information. We may also disclose de-identified information (cannot be reasonably used to identify any individual) with third parties for marketing, advertising, research, or similar purposes. For example, we may share information such as your gender, height, weight, information about medications you have provided, and data from your connected devices, but we will not share your name or other information that could identify you.
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To market our products and services. We may share your Personal Information with affiliates and third parties to market our products and services.
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Third Party Analytics. We may use third party analytics tools including, but not limited to Google Analytics to understand and evaluate how visitors interact with our Services. These tools help us improve our Services, performance, and your experience.
VII. Your choices about how we share your Personal Information.
This section of our Privacy Policy provides details and explains how to exercise your choices. We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for our advertising to you, and other targeted advertising. We do not control the collection and use of your information collected by third parties. These third parties may aggregate the information they collect with information from their other customers for their own purposes.
Each type of web browser provides ways to restrict and delete cookies. Browser manufacturers provide resources to help you with managing cookies. Please see below for more information.
For other browsers, please consult the documentation that your browser manufacturer provides.
If you do not wish to have your e-mail address used by Wellnest to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any e-mail or other marketing communications you receive from us or logging onto your Account Preferences page. This opt out does not apply to information provided to Wellnest as a result of a product purchase, or your use of our Wellnest Services. You may have other options with respect to marketing and communication preferences through our Wellnest Services.
You may also see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.
1. How do I access and correct my Personal Information?
You can review and change your Personal Information by logging into our Services and visiting either the “Profile” or “Health Details” sections of our Services. You may also notify us through the Contact Information below of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your Account. We cannot delete your Personal Information except by also deleting your Account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
2. Who may use the Services?
This Privacy Policy applies to all personal uses of our Services globally and you should not use the Services if you do not agree to the Privacy Policy. This Privacy Policy applies to the Indian data protection laws.. If you are located in India or a country outside India, your information is stored in the India, and by using or downloading the Service you agree that your Personal Information, including any information about your health that you provide directly to us or that we collect through your use of the Service, may be transferred to and stored in the India.
VIII. Children's Privacy
Our Services are not intended for children under 18 years of age. We do not knowingly collect or sell Personal Information from children under the age of 18. If you are under the age of 18, do not use or provide any information on or in these Services or through any of its features. If we learn we have collected or received Personal Information from a child under the age of 18 without verification of parental consent, we will delete it. If you are the parent or guardian of a child under 18 years of age whom you believe might have provided use with their Personal Information, you may Contact Us to request the Personal Information be deleted.
IX. Does Wellnest respond to Do Not Track signals?
Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Website is are not currently set up to respond to those signals.
X. Data Security
We have taken steps and implemented administrative, technical, and physical safeguards designed to protect against the risk of accidental, intentional, unlawful, or unauthorized access, alteration, destruction, disclosure, or use. The Internet is not 100% secure and we cannot guarantee the security of information transmitted through the Internet. Where you have been given or you have chosen a password, it is your responsibility to keep this password confidential.
The sharing and disclosing of information via the Internet is not completely secure. We strive to use best practices and industry-standard security measures and tools to protect your data. However, we cannot guarantee the security of Personal Information transmitted to, on, or through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Website, our App, our Software, our Device, in your operating system, or mobile device.
XI. Changes to our Privacy Policy
We may update our Privacy Policy periodically to reflect changes in our privacy practices, laws, and best practices. We will post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our Website's homepage. If we make material changes to our practices with regards to the Personal Information we collect from you, we will notify you by e-mail to the e-mail address specified in your Account, at least once a year, and/or through a notice on the Website's home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically accessing or visiting our Website and reviewing this Privacy Policy to check for any changes.
XII. Data Protection Law
The extant law on privacy and data protection is very clear. Section 43A of the Information Technology Act, 2000 read with the Information Technology (reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 ("Sensitive Information Rules") requires every business in India, which collects, receives, possesses, stores, transmits, processes or can associate pretty much any other verb with 'personal information' directly under a contractual obligation with the provider of information, to have a privacy policy, further we cover all the major clauses required under data protection law herein the policy.
XIII. Limitation of Liability
We shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary, or consequential losses arising out of performance or non-performance of its obligations under this Privacy Policy.
Wellnest is not responsible for any actions or inactions of any third parties that receive your Information.
Notwithstanding anything contained in this Privacy Policy or elsewhere, Wellnest shall not be held responsible for any loss, damage, or misuse of your Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts, or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of Wellnest and which Wellnest is not able to overcome.
XIV Governing Law
This Privacy Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Ahmedabad, India. In the event of any dispute arising out of this Privacy Policy the same shall be settled by binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Ahmedabad, India.
XV Grievance Officer
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
XVI. Your Consent
By using the Website and/ or by providing information of the user, the user is granting express consent to the collection and use of the information he/she discloses on the Website in accordance with this Privacy Policy, including but not limited to his/her consent for sharing their information (including with third parties) as per this Privacy Policy.
If we decide to change our Privacy Policy, we will post those changes on this page so that user is always aware of what information we collect, how we use it, and under what circumstances we disclose it. Your continued access or use of the Website following the posting of changes to this Privacy Policy will be deemed to be the acceptance of these changes.