Health & You, having its office at B-554, New Friends Colony, New Delhi – 110025
This Policy is applicable to all sensitive personal data and personal information or information that is disclosed by or obtained from any person who visits or accesses or uses the Site (“User”).
H&U reserves the right to modify or review the provisions in this Policy without prior notice and the revised Policy will be in effect from the day of uploading. Therefore, Users are requested to periodically visit the Site and review the Policy.
“Applicable Law” means all applicable statutes, acts of Indian legislature, ordinances, rules, bye-laws, guidelines, regulations, directions, directives, notifications, circulars, policies, and orders of any government, statutory authority, regulatory authority, tribunal, board or court in India;
“General Information” will have the same meaning ascribed to it in clause 2.5 of the Policy.
“Personal Information” shall mean information disclosed by or obtained from any User and includes name, age, occupation, e-mail, residential address, telephone number, payment processing details and any other personal details capable of identifying such a person.
“Sensitive Personal Information” shall, excluding any information that is freely available or accessible in public domain or is furnished under Applicable Laws, mean the following information:
- (a) account password,
- (b) physical, physiological or mental health condition,
- (c) sexual orientation; medical records and history;
- (d) financial information such as bank account or credit/debit card details or other payment instruction details
“User” means any Person who visits or uses the Site or avails of the services on the Site.
INFORMATION COLLECTION THROUGH THE SITE
- 2.1 A User might be required to disclose Personal Information (including Sensitive Personal Information) while browsing through the Site or for availing services of the Site.
- 2.2 Prior to providing Personal Information to H&U for using the Site, a User must grant consent to H&U for using the Personal Information. The Personal Information will be used only for the purposes set out in clause 4 of the Policy. If the User does not wish to provide such Personal Information, the User must not proceed with using the Site.
- 2.3 H&U will collect Personal Information or Sensitive Personal Information only for a lawful purpose connected with a function or activity of H&U, for which activity the Personal Information or Sensitive Personal Information is reasonably considered necessary.
- 2.4 H&U will not be responsible for the correctness or completeness of the Personal Information or Sensitive Personal Information provided by the User, or any consequences arising in relation to incorrect or incomplete Personal Information or Sensitive Information.
- 2.5 While browsing through the Site, the Site server may automatically record some general information about User’s visit, including but not limited to the date and time of visiting the Site, the IP address being used, the type of browser being used etc. (“General Information”). Such General Information collected is not Personal Information for the purpose of this Policy.
- 2.6 H&U reserves the right to use General Information collected by it for any purpose whatsoever including tracking overall traffic patterns, statistical analysis and marketing and promotional purposes. Consequently, H&U may share such General Information or any analysis with any third party, at its discretion.
USE OF PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION
By using the Site, User consents to the collection and use of Personal information by H&U. Personal Information disclosed to H&U by a User may be used by H&U for one or more of the following purposes:
- (a) in creating content that is relevant to the User;
- (b) in improving the content of the Site;
- (c) to maintain a database of all the Personal Information collected from the User,
- (d) to evaluate and administer the Site and resolve any problems that may arise with the usage of the Site;
- (e) to improve order processing and order confirmations;
- (f) to respond to User inquiries and feedback;
- (g) to use the information to notify Users about important functionality changes to the Site.
- 4.1 When a User visits the Site, one or more cookies shall be sent to the computer or other devices being used by the User to visit the Site. Cookies are used to improve the quality of the services provided by H&U, including for storing User preferences, improving search results and tracking User trends.
- 4.2 Users will always have the option of disabling cookies via their browser preferences. However, Users are advised and made aware that if they disable cookies on their browser, some parts of Site may not function as effectively.
INFORMATION SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION
- 5.1 Only Persons authorized by H&U shall have access to Personal Information and Sensitive Personal Information disclosed to H&U. User grants consent to H&U for sharing Personal Information or Sensitive Personal Information with persons who are associated with H&U.
- 5.2 Notwithstanding anything contained in this Policy, H&U reserves the right to disclose any Personal Information or Sensitive Personal Information that may be required to be disclosed under applicable law or to any governmental authority, without prior notice or consent of the User.
- 6.1 User acknowledges that all discussion for comments/ratings/bulletin board service/reviews and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read User’s communications without their knowledge. H&U does not control or endorse the content, messages or information found in any Community, and therefore, H&U specifically disclaims any liability concerning the Communities and any actions resulting from Users participation in any Community, including any objectionable content. Generally, any communication which User posts on the Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by H&U as confidential, that fact will be stated on those pages.
- 6.2 By posting communications on or through this Site, User shall be deemed to have granted H&U a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
CONTENT ON THE SITE
H&U, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, H&U has no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributors and not of H&U. Neither H&U nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, User, or other user not under contract with H&U. H&U neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized H&U employee spokespersons while acting in official capacities. Under no circumstances will H&U be liable for any loss or damage caused by a User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site.
DISCLOSURE TO THIRD PARTY
- 8.1 In case the information is being collected and retained by a third party, on behalf of H&U, H&U shall obtain prior permission from the User before transfer of information to any third party, unless such disclosure is necessary for compliance of a legal obligation. Such obligation is also not applicable in case such information is being transferred to a government agency, when a request for such transfer has been made by such government agency to H&U.
- 8.2 H&U may transfer Personal Information or Sensitive Personal Information to any company or person located in India or any other country only if it is necessary for the performance of lawful contract between H&U and any person, provided the same level of data protection will be adhered to by the other company. H&U cannot guarantee that such parties will keep the Personal Information or Sensitive Personal Information confidential and H&U will not be liable in any manner for any loss of confidentiality attributable to such third parties.
- 9.1 H&U has taken all reasonable measures and precautions to keep the Personal Information and Sensitive Personal Information safe and secure and to prevent any unauthorized access to or misuse of the same.
CONDITIONS OF USE
- 10.1 H&U shall not be liable to any User for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the User due to the unauthorized access or misuse of the Personal Information or Sensitive Personal Information by any third party (beyond the control of H&U).
- 10.2 H&U does not warrant that this Site, its servers, or email sent by H&U or on its behalf are virus free. H&U will not be liable for any damages of any kind arising from the use of this Site.
- 10.3 In no event will H&U be liable for any damages whatsoever in an amount in excess of any purchase made here under.
LINKING TO OTHER SITES
User agrees to defend, indemnify and hold harmless H&U and its affiliates their respective officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site by User.
Governing Law and Jurisdiction
By visiting this Site, the User agrees that this Policy shall be construed in accordance with and be governed by the laws of India and the Courts of New Delhi shall have exclusive jurisdiction in respect of any dispute that may arise under this Policy.
Updating Personal Information
User may update or modify his/her contact information and user preferences by logging into “My Account”.
The Site only accepts orders from web browsers that permit communication through Secure Socket Layer (SSL) technology, which encrypts information the User inputs. This means User should not be able to inadvertently place an order through an unsecured connection. It is important for the User to protect against unauthorized access to his/her password and computer. The User must ensure to sign off when finished using a shared computer. While H&U implements the above security measures on this Site, User should be aware that 100% security is not always possible.