Privacy Policy

NaturalMinds Digital Systems LLP (“Us”, “We”, or “NaturalMinds”, which also includes its affiliates) is the author and publisher of the internet resource https://www.klinikeverywhere.com (“Website”) on the world wide web as well as the software and applications provided by NaturalMinds, including but not limited to the mobile application(s), and the software and applications of Our various brand names (together with the Website, referred to as the “Services”).

This privacy policy (“Privacy Policy”) constitutes a legal binding agreement between you (“You” or “Your”, “User”), as the user of the Website, and Us as the owner. We reserve the right, in Our sole discretion, to terminate the access to the Website and/or other mediums at any time, without notice to You, for general maintenance or for any reason whatsoever. We shall not be responsible for confirming transactions including whether the transactions are legal and valid as per the applicable laws. We, at our sole discretion, reserve the right to not to accept Your request without assigning any reason thereof. .

You are hereby advised to read this Privacy Policy carefully and fully understand the nature and purpose of gathering and/or collecting sensitive, personal and other information and the usage, disclosure and sharing of such information. This Privacy Policy does not cover information you may choose to share with other users of the Website. .

This Privacy Policy details how We handle and maintain the information collected when You visit the Website as well as through managed relationships with our service providers for the provision of our Services to You. Use of our Services is governed by our Terms of Use which is available at Terms of use

We may update this Privacy Policy to reflect changes to Our practices. We encourage You to periodically review this page for the latest information on Our privacy practices. We are not obliged to share with You any such updates, whether material or otherwise and it shall be Your responsibility to keep yourself updated on any changes to the Privacy Policy.

Your use of the Website and Services, constitute, consent to the terms contained in this Privacy Policy. If you do not agree with the terms in this Privacy Policy, you should not use our Services.

This Privacy Policy has been prepared under the provisions of the (Indian) Contract Act, 1872, (Indian) Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”) promulgated thereunder, and sets out the practices and policies for the protection of personal information (including sensitive personal data or information) collected, received, possessed, stored, dealt with or handled by Us.

By voluntarily providing us with your information, you are consenting to our use of it in accordance with this Privacy Policy.

Applicability

This Privacy Policy describes Our policies and procedures on the collection, use, storage and disclosure of any information including, business or personal information provided by You while using Our website. This Privacy Policy specifically governs the collection and use of Personal Information (defined hereinafter) and Sensitive Personal Information (defined hereinafter) or information provided by You and the processing of personal information and sensitive personal data or information provided by You while using Our website.

The Privacy Policy together with the ‘Terms of Use’ are referred to as the website documents.

During the course of Your association with Us, You may be required to execute certain other agreements and such agreements and this Privacy Policy shall, together with the ‘Terms of Use’ unless explicitly specified to the contrary, govern Your relationship with Us.

In the event of a conflict between the terms contained in the website documents and the terms contained in the agreements, as applicable to You, the terms of the agreements shall prevail unless specifically provided otherwise in the respective commercial agreement.

Definitions

“Personal Information” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person and is not otherwise generally available in the public. For avoidance of doubt, examples of personal information include a person's name, address, date of birth, voice, national identity number if any, driving license number, permanent account number.

“Sensitive Personal Information” shall mean personal information, which consists of information relating to any to the following of an individual: Passwords, physical, physiological and mental health condition, sexual orientation, medical records and history, biometric information (information derived from technologies that measure or analyse physical human characteristics such as voice patterns, fingerprints, facial patterns), financial information such as bank account or credit card or debit card or other payment instrument details. information received by body corporate under lawful contract or otherwise, visitor details provided at the time of registration or thereafter, call data records. NaturalMinds shall be free to use, collect and disclose information that is freely available in the public domain without your consent.

“User Information” shall mean, collectively, Your Personal Information and Sensitive Personal Information or data or any other information collected from You.

Information We collect

Information That You Provide- We collect personally identifiable information about You which You affirmatively choose to submit to Us, including Personal Information and Sensitive Personal Information. From time to time we may automatically collect certain information that may be considered Personal Information or Sensitive Personal Information as the case may be, such as the IP address of Your computer or network connection. We may also collect information from You during phone calls or video calls, or via e-mail correspondences with Our representative.

We may also collect any content that You create or upload when using Our Services. This may include, but is not limited to, things like pictures, care plan documents (or other personal documents that You choose to upload), calendar reminders, and services requests to be performed by a third-party provider.

Payment Processing Information- When You make a payment in connection with purchasing any of the Services, We may obtain Your credit card, debit card, and/or other payment information.

Usage Information- We may collect other information such as the time and date of Your visit, Your location, the pages and other content that You access, and the number of times You return to the website. This information is used in the aggregate for Our internal marketing and similar purposes. We may also integrate with the website technology provided by third parties (e.g., Google Analytics) to accomplish this information collection. In addition, We may use a variety of other technologies that collect similar information for security and fraud detection purposes.

Partner Information- We partner with certain third-party vendors to offer You some services, and We may receive certain information directly from those third parties.

We will not collect Sensitive Personal Information from You unless the collection of such information or data is considered necessary for the purpose for which it is being collected and even in such a case, You will be made aware of the following:

  1. The fact that Your Sensitive Personal Information or data is being collected,
  2. The purpose for which the Sensitive Personal Information or data is being collected, and
  3. The intended recipients of the Sensitive Personal Information or data.

How We use Your information

We use the information that We collect to provide You with our Services and to coordinate your requests for related third-party vendor services. We use your information as necessary to facilitate communication between You and Us regarding the Services, as well as to improve Our site and to learn about how it is used and accessed. We may use Your information to contact You in the future to tell You about new services, promotions, opportunities, and other general information about Us that we believe will be of interest to You. We may also use information that We collect to analyze user behaviour as a measure of interest in and use of the website and may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

As necessary to provide the Services, We share pertinent Personal Information with select affiliates and partners for the purposes of customer support, account management, and similar work. We do not sell, trade, share, or rent your Personal Information provided by You to Us through our website, to third parties who provide no affiliated services or support.

We may allow you to access your own contact list at your will to share business card of the Doctor, to your contact(s) whose personal information (PI )is protected. The doctor will be made visible to the shared person via the app to avail consultation services. We do not upload / store /share your users’ contact list with any other users or system.

We may disclose information about You to third parties if we have a good-faith belief that We are required to do so by law or legal process, either to respond to legal claims, or to protect Our rights, property, or safety, or the rights, property, or safety of others. We may disclose information about You to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion of Our assets or prior to such event in the case of any diligence requirement. The successor organization’s use and disclosure of Your Personal Information and Sensitive Personal Information will continue to be subject to this Privacy Policy unless (i) a court orders otherwise, for example, a bankruptcy court; or (ii) the successor organization gives You notice that Your Personal Information and Sensitive Personal Information will be subject to the successor organization’s own policy, along with an opportunity for You to opt-out (which may cause You not to be able to continue to use the website). If You submit Personal Information after such a transfer, that information may be subject to the successor entity’s policy.

Access to User Information

You shall have the right, upon request, to access and review Your Information provided to Us. You may decline to submit identifiable information through the website, in which case You may not be allowed to access certain features / parts of the website. If You are a registered user, You may update or correct Your information at any time by logging in to Your account. Alternatively, if You believe that any of Your information held by Us is inaccurate, You may write to Us at [●]. It is Your responsibility to ensure that any information You provide to Us remains accurate and updated.

The Information collected by Us shall not be retained for longer than is required for the purpose for which the information may lawfully be used or is otherwise required under any other law for the time being in force. .

Updating Your Information

If You wish to amend or update Your Personal Information or Sensitive Personal Information, You may do so by emailing [●] with Your request. A member of Our customer support team will be in touch regarding Your request.

Storage and Security

We endeavour to securely store all information we gather within databases controlled by Us. However, We may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers.

Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, you agree and acknowledge that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while We strive to use commercially acceptable means to protect Your information, We cannot guarantee its absolute security. We use commercially reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.

The information that We collect from You may be transferred to, and stored at, a destination inside or outside India. By submitting Your information on Our website, You agree to this transfer, storing and/ or processing. We shall take such steps as we consider reasonably necessary to ensure that Your information is treated securely and in accordance with this Privacy Policy and the IT Rules.

In using the website, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the website will be at Your own risk.

We assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Us responsible for any breach of security.

In the event We become aware of any breach of the security of Your information, We endeavour to take appropriate action to the best of Our ability to remedy such a breach.

Confidentiality

As a registered user with an account and a password, You are responsible for keeping Your password confidential.

We will keep confidential and protect any and all information provided by You except where disclosure is required or permitted by law.

We provide access of Your information to employees, agents, advisors and consultants who We believe reasonably need to come into contact with that information to provide services to You or in order to do their jobs.

The restrictions set out herein shall not apply to disclosure of information if and to the extent the disclosure is:

  1. required by the applicable law of any jurisdiction,
  2. required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law,
  3. made, by Us, to its shareholders, managers, advisors and affiliates,
  4. made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Privacy Policy.

Social Features of Our website

If You provide information in any social feature of the website (for example, via online discussion forum), or to any other party through the website or Services, You should be aware that by doing so You are choosing to share your information with others and that We will be unable to control how, when, or with whom those other parties may share your information

Children's Information

Another part of Our priority is adding protection for persons below the age of 13 years (“Children”) while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

.We do not knowingly collect any Personal Information from Children . If You think that Your child provided this kind of information on Our website, We strongly encourage You to contact Us immediately and We will do our best efforts to promptly remove such information from Our records.

Your use of Information

You may only use the site and mediums of Ours only for legitimate purposes and not for any inter-alia fraudulent or speculative reservations.

You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing or selling any information, products or services acquired from Us through any means.

We may provide You access to photographs, graphics, video or other material which may be protected by intellectual property laws. You shall not copy, modify, transmit or create derivative works of such material.

You also agree to not copy, modify, transmit or create derivative works of any of the intellectual property registered by Us.

You understand and acknowledge that any material obtained by You or your permitted assigns in relation to Our service shall be entirely at Your risk. You are solely responsible for any damage to Your computer systems or loss of data that results from the download of such material.

Confidentiality

You shall maintain confidentiality in relation to all information and agree to not disclose the same unless required by law.

You hereby also authorize Us to contact You with offers through e-mails, calls, short messaging services (SMS) or any other mediums for any campaigns, promotional or like activities.

You hereby agree that such methods of contact as provided herein do not classify as an "unsolicited commercial communication" as per the guidelines of Telecom Regulation Authority of India (“TRAI”). You agree to indemnify Us, along with Our directors and employees against all types of losses and damages incurred by them due to any action taken by TRAI or any other authority due to any erroneous compliant raised by You in this regard.

Indemnity

.

You agree to indemnify and hold Us harmless from:

  1. any actions, claims, demands, suits, damages, losses, penalties,
  2. interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of any violation of the terms of this Privacy Policy.
  3. any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on Your part.
  4. for fraud committed by You.

Governing Law and Dispute Resolution

In accordance with the IT Act, the name and the details of the Grievance Officer at Our company is provided below. You may,

  1. request access to Your Sensitive Personal Information,
  2. report any grievances in relation to Your Sensitive Personal
  3. Information,any security breach in relation to Your Sensitive Personal Information; to the:

Grievance Officer: (Senior Vice President – Enterprise Operations) TV Balu
Email: Admin@naturalminds.co.in

This Privacy Policy shall be governed by and construed in accordance with the laws of India and subject to the provisions of arbitration set out herein, the courts at Chennai, India shall have exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with this Privacy Policy.

Any adverse action, dispute or difference arising under or relating to this Privacy Policy (“Dispute”) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such negotiations. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of such negotiations, the Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder. When any Dispute is under arbitration, except for the matters under dispute, We and You shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under this Privacy Policy.

The arbitration shall be conducted by a sole arbitrator appointed by Us and the seat and venue of arbitration shall be Chennai, India.

The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

Undertaking from You: You hereby undertake as follows

You agree that You can enter into a legally binding contract as stipulated under the Indian Contract Act, 1872.

You expressly undertake to provide to Us, where applicable, information which is true, accurate and valid, and acknowledge that any default or deficiency would inter alia render the provision of the product or services by Us, inapplicable.

You shall be responsible for ensuring compliance with the terms and any of Our other rules including the terms governing the service fees, or other rules. If You do not agree with any part of such terms, You must not avail of any of the services.

Force Majeure

We shall not be liable for delays, injuries or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control (“Force Majeure”), such as acts of God, pandemics, fire, strikes, pandemic and its fallout, cyber-attacks, embargo, acts of government, acts of terrorism or other similar causes.

You agree and acknowledge that in such Force Majeure circumstances We may be unable to honour the services if and where confirmed.

Log Files

We follow a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, We use 'cookies'. Cookies are small files that reside on Your computer's hard drive and generally contain an anonymous unique identifier and are accessible by the website that placed them there and not any other sites (“Cookies”).

cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing Our web page content based on visitors' browser type and/or other information.

You may refuse to accept Cookies by activating the setting on Your browser which allows You to refuse the setting of Cookies. However, if You select this setting You may be unable to access certain parts of Our website. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our system may issue Cookies when You log on to the website. The use of Cookies by Our partners, affiliates, advertisers or service providers or third parties is not covered by the Privacy Policy.

Advertising Partners Privacy Policies

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or web beacons that are used in their respective advertisements and links that appear on Our website which are sent directly to users' browser. They automatically receive Your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that You see on websites that you visit.

Note that We have no access to or control over these cookies that are used by third-party advertisers.

Third-Party Privacy Policies

Our Privacy Policy does not apply to other advertisers or websites. Thus, We are advising You to consult the respective privacy policies of these third-parties for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You can choose to disable cookies through Your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

Consent to Transfer

We are operating in India. If You are located outside of India, please be aware that information we collect will be transferred to and processed as per the laws governing such activity in India. By using the Our website or the Services, or providing us with any information, you consent to this transfer, processing and storage of your information in India.

Assignment

This Privacy Policy shall not be assignable by You without obtaining Our prior written consent. We may assign this Privacy Policy at Our sole discretion without having to issue any notice to You.

Notices

Notices or other communication required or permitted to be given to Us shall be in writing and delivered personally, or by registered post acknowledgement due, or by internationally recognized courier service, or by legible fax addressed to Our address set out below, or to such other address or fax number as We may from time to time notify to You

  1. Address: NaturalMinds Digital Systems LLP, Bangalore
  2. Contact No:+91-7702503636
  3. Email:Admin@naturalminds.co.in

Waiver

No failure or delay in exercising any right, power or remedy, by Us under this Privacy Policy shall operate as a waiver thereof. No single or partial exercise of any right, power or remedy under this Privacy Policy by Us shall preclude any further exercise thereof or the exercise of any other right, power or remedy by Us.

User Data Policy

This SpotCare App is in the business of connecting you to the doctor of your choice and provides patient convenience through making available an integrated health services. Only essential data of yours are collected to maintain digital health record of yours. The collected data is strictly your property and your consulting doctor and their provider organisation are custodians of your data. To facilitate further, we allow you access to your phone contact list, wherein you can use their contact to share the business cards of your consulting doctor. This feature doesn’t allow you to share any other sensitive information other than the treating doctors business cards, in the soft copy format. We do not retrieve/upload/download/store or share any of your mobile phone contact list into our system. The privacy of yours and your contacts are fully protected, at all times, using the App. Your privacy information is kept secure at all times, unless required by the law of land to share beyond, or for use by your custodian organisation or when you authorise your personal data to be shared with an alternate provider organisation, health vendors, insurance companies et al.