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Privacy Policy

This privacy policy ("Privacy Policy") explains how we collect, use, share, disclose and protect Personal information about the Users of the Services, including the Practitioners (as defined in the Terms of Use, which may be accessed via the following weblink https://KayaWell.com/privacy (the “Terms of Use”)), the End-Users (as defined in the Terms of Use), and the visitors of Website (jointly and severally referred to as “you” or “Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.

BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

1. WHY THIS PRIVACY POLICY?

This Privacy Policy is published in compliance with, interalia:

    1. Section 43A of the Information Technology Act, 2000;
    2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
    3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
    4. The type of information collected from the Users, including Personal Information (as defined in paragraph 2 below) and Sensitive Personal Data or Information (as defined in paragraph 2 below) relating to an individual;
    5. The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
    6. How and to whom KayaWell will disclose such information.
           

      1.  WHY THIS PRIVACY POLICY?

This Privacy Policy is published in compliance with, interalia:

i.        Section 43A of the Information Technology Act, 2000;

ii.        Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);

iii.        Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

iv.        The type of information collected from the Users, including Personal Information (as defined in paragraph 2 below) and Sensitive Personal Data or Information (as defined in paragraph 2 below) relating to an individual;

v.        The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and

vi.        How and to whom KayaWell will disclose such information.

2. COLLECTION OF PERSONAL INFORMATION

Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by KayaWell. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

i.        Contact data (such as your email address and phone number);

ii.       Demographic data (such as your gender, your date of birth and your pin code);

iii.      Data regarding your usage of the services and history of the appointments made by or with you through the use of Services;

iv.       Insurance data (such as your insurance carrier and insurance plan);

v.        Other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.

The information collected from you by KayaWell may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.

“Personal Information” is defined under the SPI Rules to 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 to a body corporate, is capable of identifying such person.

The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:

vi.        Passwords;

vii.       Financial information such as bank accounts, credit and debit card details or other payment instrument details;

viii.      Physical, physiological and mental health condition;

ix.         Sexual orientation;

x.           Medical records and history;

xi.          Biometric information;

xii.         Information received by body corporate under lawful contract or otherwise;

xiii.        Visitor details as provided at the time of registration or thereafter; and

xiv.        Call data records.

KayaWell will be free to use, collect and disclose information that is freely available in the public domain without your consent.

 

    3.  CONFIDENTIALITY AND SECURITY

o    3.1

Your Personal Information is maintained by KayaWell in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. KayaWell takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of KayaWell’s business.

o    3.2

No administrator at KayaWell will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website when finished. KayaWell does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify KayaWell by sending an email to support@KayaWell.com You shall be liable to indemnify KayaWell due to any loss suffered by it due to such unauthorized use of your account and password.

o    3.3

KayaWell makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.

o    3.4

Part of the functionality of KayaWell is assisting the doctors to maintain and organise such information. KayaWell may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.

o    3.5

Part of the functionality of the KayaWell is assisting the members to access information relating to them. KayaWell may, therefore, retain and submit all such records to the relevant members, or to their doctors.

o    3.6

Notwithstanding the above, KayaWell 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. Further, KayaWell shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of KayaWell including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

 

   4.  CHANGE TO PRIVACY POLICY

KayaWell may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way KayaWell treats User’s personally identifiable information, or in the Privacy Policy itself, KayaWell will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact support@KayaWell.com to deactivate your account. Unless stated otherwise, KayaWell’s current Privacy Policy applies to all information that KayaWell has about you and your account.

If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.

   5. CHILDREN'S AND MINOR'S PRIVACY

KayaWell 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 KayaWell Website and Services are not intended for use by minors, KayaWell respects the privacy of minors who may inadvertently use the internet or the mobile application.

   6. CONSENT TO THIS POLICY

You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, and you unconditionally agree that becoming a User of the Website and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to KayaWell using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Website and use of the Services is subject to this Privacy Policy and the Terms of Use.

   7. ADDRESS FOR PRIVACY QUESTIONS

        Should you have questions about this Privacy Policy or KayaWell's information collection, use and disclosure practices, you may contact, the Data Protection Officer appointed by KayaWell in accordance         with the provisions of PDPA. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have         any grievance with respect to our use of your information, you may communicate such grievance to the Data Protection Officer:

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