(a) “Account” shall mean the online account created by the User in accordance with the User Terms on the Platform to avail of the Services;
(b) “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, pandemics, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption, power or electricity failure or unavailability of adequate power or electricity;
(c) “Information” shall mean collectively Non-Personal Information (as defined below) and Personal Information (as defined below);
(d) “Non-Personal Information” shall mean and include:
(i) geographic location of an User;
(ii) internet protocol address of the User;
(iii) details of the User’s telecom service provider or internet service provider;
(iv) the type of internet browser used by the User;
(v) device information (such as the operating system of the device and hardware model) and the website you last visited before visiting the Platform; or
(vi) clickstream data relating to your activity on the Platform, including but not limited to the duration of your stay on the Platform, date and time of your access of the Platform.
(e) “Personal Information” means any information relating to the Users which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying such Users and includes Sensitive Personal Data (as defined below) of the User;
(f) “Sensitive Personal Data” in relation to a User means personal data or information of a User which consists of information relating to:-
(ii) financial information such as bank account or credit card or debit card or other payment instrument details;
(iii) physical, physiological and mental health condition;
(iv) medical data, records and history;
(v) biometric information;
(vi) any detail relating to the above clauses as provided to the Company for providing Services; and
(vii) any information received under the above clauses by the Company for pro-cessing, or stored or processed under lawful contract or otherwise:
(g) “Third Party” refers to any person or entity other than you or us.
All capitalised terms used but not defined herein shall have the meaning as assigned to it under the Us-er Terms.
3. USER PROVIDED INFORMATION
(a) The Company obtains the information (including Personal Information) when you download, register, or use the Device, the Platform, or the Services provided by the Company. When you register with the Company or use the Platform, you generally provide (a) your name, age, email address, phone number, physical details, and password; (b) information that is typically provided when you contact us for help; (c) information you enter into our system when using the Platform; and (d) bank account or credit card or debit card or other payment instrument details while making pay-ments on the Platform (if applicable). The above mentioned information are necessary to allow the Company to operate the Platform and provide the Services to the Users. Without it, we may not be able to provide you with all the requested Services which could result in you having to cease and desist using the Platform.
(b) In addition, the Platform may collect certain Information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, and the type of mobile internet browsers you use.
4. INFORMATION YOU CHOOSE TO GIVE THE COMPANY
You may choose to provide the Company (through the Platform) with additional Personal Information in order to obtain a better user experience when using Platform. This additional information will be processed based on your consent.
(a) Additional Profile Information: You may choose to provide additional information as part of your profile (such as gender, height, weight, preferred language(s), city, medical details etc.).
(b) Other Information: You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your Account, respond to surveys, post to community forums, participate in promotions, or use other features of the Platform.
(a) A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
(b) We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve the Platform in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
(c) Overall, cookies help us provide you with a better Platform, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data that you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Please refer to your web-browser provider or system guide for detailed information on disabling cookies. However, in case you choose to disable the cookies, you may be prevented from taking full advantage of the Platform.
6. PURPOSES OF COLLECTING, STORING AND USING YOUR PERSONAL DATA AND THE MANNER OF SUCH USAGE
The Company uses, stores, and processes Information, including Personal Information, about you to:
(a) Facilitate the use of the Device and the Platform and use the Personal Information to provide the User with the Services (including reports, data, analysis, content, care taker facility etc.).
(b) We use certain information that we collect to personalize the Services being provided, for instance, certain Personal Information allows us to personalize daily, weekly and monthly reports. We will use your contact details to communicate with you in response to your inquiries, and to send you announcements related to the Services, for instance, if the Service is temporarily suspended for maintenance. We may also contact you to conduct research about your opinion of the Services or of potential new services that may be offered. We will use your registration information to create and manage your Account. We may deactivate your account if we suspect that you use the Platform to commit fraudulent or illegal acts or if you violate the User Terms.
(c) We may share certain Personal Information with Third Parties who may need to contact Users who have accessed products from the Platform to facilitate installation, service and any other product related support.
(d) We may also share certain Personal Information with Third Parties who either provide the Services (or any part thereof) or through whom the Services (or any party thereof) are provided.
(e) We may offer email, Platform notifications (including push notifications), SMS, multimedia message service (MMS) or other forms of communication to share information with you about certain promotions or features the Platform may choose to offer or about our affiliates, subsidiaries, business partners, advertisers and sponsors. You may receive such communication when you have registered as a user of the Platform.
(f) We may use Personal Information to conduct research and studies, develop, prepare, conceptualize data, presentations, and papers and provide such content to Third Parties.
7. STORAGE AND PROCESSING OF YOUR INFORMATION
(a) Your Information will primarily be stored in electronic form. However, certain data may also be stored in physical form.
(b) We may store, collect, process and use your data in countries other than the Republic of India to the extent permissible under applicable laws.
(c) We may enter into agreements with Third Parties (in or outside of India) to store or process your Information, subject to applicable law. These Third Parties may have their own security standards to safeguard your Information and we will, on commercially reasonable basis, require such Third Parties to adopt reasonable security standards to safeguard your Information, as per the requirements of applicable laws.
8. SHARING AND DISCLOSURE OF YOUR INFORMATION
(a) You hereby unconditionally agree and permit that the Company may transfer, share, disclose or part with all or any of your Information, within and outside of the Republic of India to (i) various group entities, Third Party service providers for one or more of the purposes set forth in clause 6, (ii) government agencies upon directions of such agency, or (iii) to any other Third Party as may be required under applicable law. In case of any Personal Information so transferred, shared, disclosed or parted with, we will contractually oblige the receiving parties of the Information to ensure the same level of data protection adopted by the Company is adhered to by the receiving par-ty, subject to applicable law. Further, notwithstanding anything to the contrary contained herein, you may at any time choose to revoke the consent given by you to share Information with Third Parties who are working with the Company. Upon revocation of such consent, we may not be able to provide you with the Services. Please note that the Company shall not be responsible or liable in manner whatsoever for any actions of any Third Parties that receive Information.
(d) The Company may also share Personal Information with such Third Parties to whom the Company believes it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
(e) We reserve the right to disclose your Information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
(f) All Personal Information may be accessed by a Third Party who is registered as a ‘caretaker’ under the Application. Provided, however, the Company shall not be responsible for any unauthorized disclosure or dissemination of your Personal Information by such Third Party who accesses the ‘caretaker’ service in the Platform.
(a) The security of your Personal Information is important to us. The Company strives to ensure the security of your Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, the Company adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate anonymization, encryption and physical security measures to guard against unauthorized access to systems where the Company stores your Personal Information. The Company adopts reasonable security practices and procedures as mandated under applicable laws for the protection of your Information. Provided that your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and you hereby waive and release all the Company entities from any claim of damages under contract or under tort, to the extent permissible under applicable laws.
(b) The Company limits access to Information to those employees, agents, contractors and other Third Parties on a need-to-know basis, i.e. who need the access in order to fulfil the tasks and duties relating to the provision of Services. All service providers are permitted to process the Information based on the Company’s instructions, they are subject to a duty of confidentiality, and they are required to be compliant and demonstrate compliance with applicable data protection laws.
(c) The Company may share your Information with Third Parties under a confidentiality agreement which inter alia provides that such Third Parties shall not disclose the Information further unless such disclosure is for the purposes set forth in clause 6. However, the Company is not responsible for any breach of security or for any actions of any Third Parties that receive your Personal Information. The Company is not liable for any loss or injury caused to you as a result of you providing your Personal Information to any Third Party (including any Third Party websites, even if links to such Third Party websites are provided on the Platform).
(d) Notwithstanding anything contained in this Policy or elsewhere, to the extent permissible under applicable laws, the Company shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.
(e) While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
9. COARSE, FINE & BACKGROUND LOCATION PERMISSION
This permission is required to access the user location to fetch the weather data and AQI. Along with this information, to scan the nearby BLE (Bluetooth Low Energy) devices we need the mobile location to be active.
10. BLUETOOTH ACCESS
This permission allows the AgVa Healthcare app to search for the nearby BLE embedded in the mask.
11. NETWORK ACCESS:
This permission allows the AgVa Healthcare app to use the network (WiFi or Mobile Internet) provided for internet access to fetch the user data and use other integrated API.
12. YOUR RIGHTS
You may exercise any of the rights described in this section by sending an email to firstname.lastname@example.org. Please note that we may ask you to verify your identity before taking further action on your request.
(a) Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your Account to a third-party application, like Google or Facebook, you can change your settings and remove permission for the Platform by changing your Account settings. You are responsible for keeping your Personal Information up-to-date.
(b) Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete Personal Information concerning you (and which you cannot update yourself within your Account).
(c) Data Retention and Erasure.
If you no longer want the Company to use your information to provide the Platform to you, you can request that we erase your Personal Information and close your Account. Provided, however, any requests for erasure will be acted upon in accordance with applicable law and may adversely im-pact the Company’s ability to provide the Services to you. You hereby agree and acknowledge that a mere request for erasure does not guarantee an erasure of Personal Information and all such re-quests will be acted upon in accordance with applicable law alone.
Please note that if you request the erasure of your Personal Information:
· We may retain some of your Personal Information as necessary for protecting our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an Account for fraud or safety reasons, we may retain certain information from that Account to prevent that User from opening a new Account in the future.
· Information you have shared with others (e.g., reviews, forum postings) may continue to be publicly visible on the Platform, even after your Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
· Because we maintain the Platform to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may not be removed from our backup systems for a limited period of time.
· We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that it can no longer be used to reasonably identify a particular individual.
· The Company will not be able to provide you with the Services (or any part thereof) and you should cease and desist from using the Services.
(d) Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your additional Personal Information by the Company you may withdraw your consent at any time by changing your Account settings or by sending a communication to the Company specifying (with reasonable detail) the consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your Personal Information, in particular where (i) you contest the accuracy of your Personal Information; (ii) the processing is unlawful and you oppose the erasure of your Personal Information; or (iii) we no longer need your Personal Information for the purposes of the processing, but you require the in-formation for the establishment, exercise or defence of legal claims. If you withdraw your consent and restrict processing of any Personal Information, the Company may not be able to provide you with the Services (or any part thereof) and you may be required to cease to use the Services (or any part thereof).
(e) Objection to Processing.
In some jurisdictions, applicable law may entitle you to require the Company not to process your Personal Information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing the Company will no longer process your Personal Information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
(f) Lodging Complaints.
You have the right to lodge complaints about the data processing activities carried out by the Company before the competent data protection authorities.
13. LINKS TO THIRD PARTY APPS AND WEBSITES
14. Grievance Officer
Diwakar Vaish, the designated grievance officer under Information Technology Act, 2000.
For Contact: Click Here
Working Days: Monday-Friday
Working Hours: 10 am – 5 pm