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Privacy Policy

Happy Aura (“Happy Aura”) is the author and publisher of the internet resource [Happy Aura's website URL] (“Website”) on the World Wide Web as well as of the software and applications provided by it, including but not limited to the mobile application “Happy Aura App”, and the software and applications of the brand names Happy Aura (together with the services provided by or through it, together referred to as the “Services”).

This privacy policy (“Privacy Policy”) explains how Happy Aura collects, uses, shares, discloses, and protects Sensitive Personal Information (“SPI”) about the Users of the Services, including the Doctors, the End-Users (as defined in the Terms of Use), and the visitors of the Website (jointly and severally referred to as “You” or “Users” in this Privacy Policy). Your use of and access to the Services is subject to this Privacy Policy and our Terms of Service. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Service.

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, SHARING, AND 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, inter alia:

  • Section 43A of the Information Technology Act, 2000;

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

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

This Privacy Policy states the following:

  • 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;

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

  • How and to whom Happy Aura will disclose such information.

2. COLLECTION OF PERSONAL INFORMATION

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 Happy Aura. Without prejudice to the generality of the above, information collected by us from You may include (but is not limited to) the following:

  • Contact data (such as Your email address and phone number);

  • Demographic data (such as Your gender, Your date of birth, and Your pin code);

  • Data regarding Your usage of the services and history of the appointments made by or with You through the use of Services;

  • Insurance data (such as Your insurance carrier and insurance plan);

  • Other information that You voluntarily choose to provide to us (such as information shared by You with us through emails or letters) including any images and other documents/files.

The information collected from You by Happy Aura 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:

  • Passwords;

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

  • Physical, physiological, and mental health condition;

  • Sexual orientation;

  • Medical records and history;

  • Biometric information;

  • Information received by body corporate under lawful contract or otherwise;

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

  • Call data records.

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

3. PRIVACY STATEMENTS

3.1 ALL USERS NOTE:

This section applies to all users.

3.1.1 Accordingly, a condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by Happy Aura immediately.

3.1.2 An indicative list of information that Happy Aura may require You to provide to enable Your use of the Services is provided in the Schedule annexed to this Privacy Policy.

3.1.3 All the information provided to Happy Aura by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Happy Aura may use certain information of Yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing You the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis, and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purposes so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice, (e) debugging customer support related issues, (f) for the purpose of contacting You to complete any transaction if You do not complete a transaction after having provided us with Your contact information in the course of completing such steps that are designed for completion of the transaction. Happy Aura also reserves the right to use information provided by or about the End-User for the following purposes:

  • Contacting End-Users for offering new products or services;

  • Contacting End-Users for taking product and Service feedback;

  • Analyzing software usage patterns for improving product design and utility;

  • Analyzing anonymized practice information for commercial use;

  • Processing payment instructions including those through independent third-party service providers such as payment gateways, banking and financial institutions, pre-paid instrument, and wallet providers for processing payment transactions or deferral of payment facilities.

If You have voluntarily provided Your Personal Information to Happy Aura for any of the purposes stated above, You hereby consent to such collection and use of such information by Happy Aura. However, Happy Aura shall not contact You on Your telephone number(s) for any purpose including those mentioned in this sub-section if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA, without Your express, clear and unambiguous written consent.

3.1.4 Collection, use, and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information under the SPI Rules requires Your express consent. By affirming Your assent to this Privacy Policy, You provide Your consent to such use, collection, and disclosure as required under applicable law.

3.1.5 Happy Aura does not control or endorse the content, messages, or information found in any Services and, therefore, Happy Aura specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Services, and You agree that You waive any claims against Happy Aura relating to the same, and to the extent such waiver may be ineffective, You agree to release any claims against Happy Aura relating to the same.

3.1.6 You are responsible for maintaining the accuracy of the information You submit to us, such as Your contact information provided as part of account registration. If Your personal information changes, You may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through happyaura.in@gmail.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If You provide any information that is untrue, inaccurate, out of date, or incomplete (or becomes untrue, inaccurate, out of date, or incomplete), or Happy Aura has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, out of date, or incomplete, Happy Aura may, at its sole discretion, discontinue the provision of the Services to You. There may be circumstances where Happy Aura will not correct, delete, or update Your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purposes; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed

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