This Privacy Policy (“Privacy Policy”) is intended to provide users of Emoha’s website and Application (“App”), clear and complete information about the data and information that the Company (as defined below) collects in connection with the services and the way that data and information is stored and used.
This Privacy Policy applies to the services available under the website and the domain of App which is owned, hosted and maintained by Ignoxlabs Private Limited and its affiliates (“the Company” or “We” or “Us” or “Our”) and having its registered office at 2nd Floor, Unit No. 216, Ocus Quantum, Sector 51 Gurgaon, Haryana-122003. All the content provided on the website and the App is general content for informational purpose only (“Content”). We are committed towards protecting the privacy and information of the registered members who have availed any of the service plans of the Company (“Member”) and users who are registered on the App (hereinafter, both Member and users of the App, will collectively be referred as “User” or “Users” or “You” “Your”). This Privacy Policy sets forth what all information and/or database the App gathers (categorized as mandatory or optional) and/or which the Company may possess or has gained access to during the course of Users interaction with the Company and how We collect, use, store, share and protect such information collected from the Users. Please review the Privacy Policy carefully so that You understand Our privacy practices. In case You have any queries or concerns regarding this Privacy Policy, You should contact Us by email at feedback@emoha.com.
1. Acceptance of terms of the Privacy Policy by the Users:
This Privacy Policy is to be reviewed along with the Disclaimer, End User License Agreement and Terms of Use of the App, which is applicable on You when You access and use Our App; and any other documentation signed with the Company at the time of availing Our services or any time thereafter in relation to Our in-principle relationship (if any). By using this App or at the time of availing the membership of the service plans provided by the Company (unless expressly refused), You signify Your acceptance of the Privacy Policy and expressly consent to Our collection, use, disclosure, and retention of Your information as described in this Privacy Policy.
If You do not agree to this Privacy Policy and/or to Our collecting, using, storing or sharing of Your data/information in the manner outlined in this Privacy Policy, which may be obtained either while using the App or by way of a written contract, You may opt to either not use this App or submit any personal data to Us. In the event You wish to withdraw the consent at any time, You may ask for the data/information to be removed from the App, by submitting a request in this regard with Us atfeedback@emoha.com. However, You accept and acknowledge that in the event You do not provide Your Personal Information or consent, or withdraw Your consent for the usage of the Personal Information, the Company retains the right to either not provide or withdraw the services for which the said Information was sought. You further accept and acknowledge that the inability or refusal to provide the services in such event shall not amount to infringement, default or breach of any obligation or liability of the Company whatsoever, and the Company shall not be liable for any damages, claims or loss caused.
THE DISCLOSURE ON OR WHILE USING THE WEBSITE AND/OR AGREED EITHER IN A WRITTEN CONTRACT OR OTHERWISE SHALL AMOUNT TO EXPRESS AGREEMENT OF THE TERMS OF THIS PRIVACY POLICY.
2. Scope of the Privacy Policy
This Policy is applicable to Personal Information (as defined herein after) and sensitive personal data or information collected by the Company directly from the User or through the Company’s website, online portals, App and electronic communications as also any information collected by the Company’s server from the User’s browser.
3. Information collected by Us
3.1 Personally identifiable information:
Personally identifiable information means any information that may be used to identify an individual, including but not limited to the following:
(a) Information about Your personal identity inter alia as name, age, sex, blood group, emergency contact, government identification number for billing and tax compliance purposes;
(b) Your contact details such as Your address, postal code, telephone, live location or mobile number and facsimile;
(c) User ID information such as Your username, email address and other security-related information provided by You either at the time of using the App or otherwise;
(d) Physical, physiological and mental health condition;
(e) Medical records and history
The aforementioned shall collectively be referred to as “Personal Information”. Personal Information will also include any personally identifiable information provided by You in any form, in course of Our in-principle relationship or during any interaction or communication with Us or any other users of Our App. We shall only collect the Personal Information which is considered relevant for the purpose of providing You services or to facilitate Your experience while accessing and using the App.
Personal Information may also get collected and shared with third-parties if there is Content from the App that You specifically and knowingly upload, share or transmit to an email recipient, online community, App, or to the public, e.g. uploaded photos, posted reviews or comments, or information about You or anything posted by You that You choose to share with others through features which may be provided on Our App. Such uploaded, shared or transmitted Content will also be subject to the privacy policy of the email, online community, App, social media or other platforms to which You upload, share or transmit the Content.
3.2. Information We collect during access and use of Our App:
Apart from any Personal Information provided by You, We may also collect certain non- personal and/or technical information through third-party sources, platforms (such as social networking Apps, databases, online marketing firms, and ad targeting firms) and other channels. We may also collect the information You choose to provide under account settings (including preferences set in the "Account" section of Our App).
3.3. Information We collect from other sources:
We may access information about You from third-party sources and platforms (such as social networking Apps, databases, online marketing firms, and ad targeting firms), including:
(a) if You access third-party social networking services (such as Facebook or Twitter) through the App, We may collect, personal contact information and/or any personal data that is part of Your profile on such third party social network and that You allow that third party social network to share with Us (e.g. name, email address, gender, birthday, city, profile picture, user ID, friend list).
(b) demographic data, such as age range, gender, and interests;
(c) advertisement interaction and viewing data, such as ad click-through rates and information about how many times You viewed a particular ad; and
(d) unique identifiers, including mobile device identification numbers, that can identify the physical location of such devices at the point of access in accordance with applicable law.
Please note that the App may combine the information that We collect with information We obtain from third-party sources.
In addition to the above, We may collect information about how You use Our App such as the date and time You visit the App, the sections or pages of the App that You visit, the amount of time You spend viewing the App, the number of times You return to the App, visits to App outside Our network, and other click-stream data. Some of this data may be shared with partners who referred You to Our App and who will use the data to optimize who else they refer to Our App. Sometimes this data can be shared with partners who help Us deliver ads to You on Apps not controlled by Us.
The aforementioned information herein collected by Us under Clause 3.1, 3.2 and 3.3 are collectively referred to as “Information”.
4. How will Information be used:
The Information so collected shall be stored and used to analyse, administer, enhance and personalize the services provided by the Company and/or other related purposes designated by the Company or for the purpose of complying with the applicable laws and regulations. The Company will not divulge any Information collected from the customer, for cross selling or such other purposes. We may provide the Information to Our affiliates and service providers under contract (such as customer care, data analytics) to support the operation of the App and Our services. To the extent We use Your Information to market to You, We will provide You the ability to opt-out of such uses.
We may also use the Information to provide contents and services that are targeted to Your interests. By accepting the Privacy Policy, You expressly agree to receive this communications/information. If You do not wish to receive these communications, We encourage You to opt out of the receipt of certain communications in Your profile under my Account or by clicking unsubscribe any email communication. You may make changes to Your profile at any time.
4.1. Processing for User Login
We may use the Information for processing Your login for Our App.
4.2. Technical and functional management:
We use technical data such as Your IP address to help diagnose problems and resolve issues related to functionality of the App.
4.3. Improvement of App:
We aggregate and analyze the Information that We collect and may use the same to monitor and analyze use of the App, to increase Our App's functionality, and to better tailor Our Content and design to suit Our Users’ needs so as to provide them with a smooth, efficient, safe and customized experience while using the App.
4.4. Request Fulfillment & to improve customer service:
We may also use the Information that We collect to fulfil Your requests for products, services, and information, which helps Us respond to Your customer service requests and support needs, more efficiently. For example, We may use Your contact information to respond to Your customer service requests or to enable You to participate in features on the App such as surveys, polls, and message boards. We may also use Information in the aggregate to understand how Our Users as a group use the services and resources provided on Our App and use feedback You provide to improve Our products and services. Further, We use the Information to resolve disputes; troubleshoot problems; measure consumer interest in the services provided by Us, inform You about online and offline offers, products, services, and updates; customize Your experience; detect and protect Us against error, fraud and other criminal activity; enforce the End User License Agreement and Terms of Use or this Privacy Policy, and in general to improve the Users’ experience.
4.5. Location Information
When You download or use the App and where applicable, have requested or consented to the location services, We may receive information about Your location and Your mobile device including Your live location. The said information shall be used to provide location based services such as providing home visits by doctors, nurses, physiotherapists etc.; providing Emergency Responder Services; and/or such other services (if and when requested by the Member/User) which by its very nature requires the use of geographical location to be accessed and/or shared with the service provider.
4.6. Emergency Responder Services:
For the purpose of providing Emergency Responder Services to the Members of the Company, the Company may use and disclose, in the event and to the extend the same may deem required to protect the wellbeing of the Member, the Personal Information including but not limited to the live location of the Member, blood group, age, name, sex, medical history, emergency contact etc. with the following: (i) “Emergency Responder” as being the team of personnel who shall approach the Member at the earliest possible and endeavour to stabalise the health of the Member until the ambulance arrives (ii) the hospital staff where the Member may be taken (iii) any other emergency service providers such as fire brigade etc.
4.7. Service Providers:
We may employ third party services to facilitate or outsource one or more aspects of the business, product and service operations that We provide to You on the App or otherwise (e.g., medical professionals, health check-up labs etc.) and therefore We may provide some of Your Personal Information to these internal service providers. The third party medical professionals including but not limited to doctors, physiotherapists, dietician, nurses etc. who provide health care services to the Member in association with the Company will have access and shall be able to upload the Personal Information of the Member from/on the account of the Member. These internal service providers are subject to confidentiality agreements with Us and other legal restrictions that prohibit their use of Your Personal Information for any other purpose except to facilitate the specific outsourced service. In the event of Your direct involvement with the internal service provider, any additional information disclosed by You to them shall be subject to internal service providers’ own applicable privacy policy and the App/Company shall not be responsible for the same.
4.8. Research Purposes:
The Information of the Member may be anonymised and used for research purposes.
4.9. Enforcement:
We may use the Information that We collect to prevent illegal activities, to enforce the Privacy Policy, and to otherwise protect Our rights and the rights of Our Users. In addition to the uses identified above, We may use the Information that We collect for any other purposes disclosed to You at the time We collect Your Information.
4.10. Legal Requests and/or Compliance with Applicable Laws:
We cooperate with law enforcement and regulatory inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud and other rights, to help protect You and the community. Therefore, in response to a verified request by any statutory authority including but not limited to law enforcement agency or other government officials relating to a criminal investigation or alleged illegal activity, We may (and You authorize Us to) disclose, as per the applicable laws, some of Your Personal Information as is reasonably necessary to respond /comply with the statutory mandate including but not limited to court orders, or other legal process. We may access, use, transfer or disclose Your Personal Information to third parties such as government or law enforcement authorities or private parties, if it is legally and statutorily required to do so under any of the following conditions:
(a) To satisfy any applicable law, rule, regulation, governmental requests or legal process.
(b) To protect and/or defend and/or enforce Our Privacy Policy for online services or other policies applicable to any online services in case of potential violations.
(c) To secure Our systems.
(d) To respond to claims that an advertisement, posting or other content violates the rights of a third party.
(e) To protect the rights, property or personal safety of the Users and the public in general for any reason.
(f) To detect, prevent or otherwise address fraud, security or technical issues.
(g) To prevent or stop activity We may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.
In case of any illegal, unethical or legally actionable activity, We may use IP address or other device identifiers, to identify users, and may do so in cooperation with third parties such as internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in Our discretion. Such disclosures may be carried out without notice to You. However, We shall not sell, share or rent the Users Personal Information to any third party or use any users e-mail id for sending any unsolicited mails.
4.11. Other Corporate Entities:
We share much of Our data, including Information about You, with Our affiliates, subsidiaries, and joint ventures that are committed to serving Your online requests and related services, throughout the world. To the extent that these entities have access to Your Personal Information, they remain bound by the existing Privacy Policy. As We continue to develop Our business, We might sell or buy subsidiaries or business units. In such transactions, Users’ Information generally is one of the transferred business assets but shall remain subject to the terms and conditions contained in this Privacy Policy.
4.12. With Users’ explicit consent:
We do not sell or rent Users’ Personal Information to third parties for their marketing purposes, but with Your explicit consent, We may disclose Your Personal Information (i) to third parties for their marketing and advertising purposes; (iii) to send You promotions, notifications, or other services. However, the Users have the right to opt-out of receiving marketing communications about the Company/App.
5. Protection and Security Information collected by the App
We take Our security responsibilities very seriously and take all reasonable technical and organizational measures to protect Your Information once We have received them. We use security measures consistent with current best practices to protect Our App, email and mailing lists. These measures include technical, procedural, monitoring and tracking steps intended to safeguard data from misuse, unauthorized access or disclosure, loss, alteration or destruction. We also have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect Personal Information about You and, accordingly, We take appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Your personal information, username, password, transaction information and data stored on Our App in compliance with the provisions of the Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, to ensure the protection and preservation of Your privacy. In addition to the above, We, on best endeavour basis, try to limit access to Personal Information of Our users to only such users who We believe reasonably need to come into contact with that Information to provide products or services to You. However, no data transmissions over the internet can be guaranteed to be 100 percent secure. Consequently, We cannot ensure or warrant the security of any Information You transmit to Us and You understand that any Information that You share is done at Your own risk.
6. Retention of Personal Information
Unless specified otherwise in this Privacy Policy, We will retain Your Information as permitted or required by applicable law. In some cases, even after the termination or expiry of the membership or cancellation of the user account, Your Information may be retained for the purpose of legal and regulatory compliances, resolving disputes, concluding activities related to account cancellation, enforcing Our agreements and Privacy Policy or for any other reason which may be deemed necessary. However, the Information of the User will get anonymized after the termination or expiry of the membership or cancellation of user account except for the abovementioned purposes.
7. Change in Personal Information
You are responsible for maintaining the accuracy of all the Personal Information uploaded on the App. If there are any changes in Your Personal Information details, You may correct or update the information. To do so, please log into Your account, and You will find options for editing the information You have submitted.
8. Cookie Policy
The website and the App are digital platforms which may use various third party services to promote Company’s services. These third party services may use cookies which are downloaded to your device when you visit a website/app in order to provide a personalised browsing experience. Cookies are used for multiple purposes including but not limited to remembering your preference & settings, provide personalised browsing experience and analyse site operations. These cookies collect Information about how Users use a website, for instance, how often visited pages. By using the App, the Users agree that these types of cookies can be placed on the User’s device. The User is free to disable/delete these cookies by changing the device/browsers setting. The User expressly acknowledge that the Company shall not be responsible for cookies placed in User’s device by any other website/app and information collected thereto.
9. Disclaimer
This Privacy Policy is to be read with the End User License Agreement and Terms of Use, and Disclaimer which together establish the use and limitations of liability governing the use of the App.
10. Indemnification
You agree and undertake to indemnify and hold Us harmless, from and against any and all suit, dispute, actions, damages, costs and expenses, if any, of whatsoever nature, arising out of or in any way connected with this Privacy Policy, Information and/or Your use or access of App. Further, although the Company is committed towards protecting individual privacy and securing the Personal Information made available to Us and endeavours to use commercially reasonable physical and technical safeguards to protect the Personal Information from unauthorised access. However, You expressly undertake that under no circumstances the Company/App shall be liable to its Users and/or any person claiming through such Users and/or any third party(ies) for any action, suit, losses, cost, expenses or damage which is indirect, incidental, consequential, special or exemplary, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) unauthorized access to or alteration of Information; (ii) any unauthorized access to or use of Our secure servers and/or any and all Information stored therein. You represent that You have provided Information on Your own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. This Privacy Policy is governed by the laws of India and the courts at Gurgaon, Haryana shall have the exclusive jurisdiction.
11. Changes in this Privacy Policy
We reserve the right to make changes to this Privacy Policy at any time. Although We will post details of all changes made to the Privacy Policy on the website and the App, however, the same can be changed without prior confirmation to You. We encourage you to visit the website and App from time to time to make sure You are aware of any changes and/or latest information on Our privacy policies and practices. We shall not be liable for any damages You may suffer as a result of failure to provide You notice of any changes to this Privacy Policy as set forth herein.
12. Reviewing, changing or deleting information
If you would like to review, change or delete personal information we have collected from you, or permanently delete your account, please use email us at feedback@emoha.com. If you delete your User Contributions from our websites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of our websites. Proper access and use of information provided on our websites, including User Contributions, is governed by our Terms of Use.
13. Accessing & correcting your personal information
We will take reasonable steps to accurately record the personal information that you provide to us and any subsequent updates. We encourage you to review, update, and correct the personal information that we maintain about you, and you may request that we delete personal information about you that is inaccurate, incomplete, or irrelevant for legitimate purposes, or are being processed in a way which infringes any applicable legal requirement. Your right to review, update, correct, and delete your personal information may be limited, subject to the law of your jurisdiction: If your requests are abusive or unreasonably excessive, Where the rights or safety of another person or persons would be encroached upon, or If the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct, and delete your information is subject to our records retention policies and applicable law, including any statutory retention requirements.
14. Data retention and account termination
You can close your account by visiting your profile settings page on our website. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law.
