Elderly Wellness Private Limited (“us”, “we”, or “Elderly Wellness”, which also includes its affiliates) is the author and publisher of the internet resource www. theelderlywellness.com (“Elderly Wellness”) on the world wide web as well as the software and applications provided by Elderly, including but not limited to the mobile application ‘Elderly’, and the software and applications of the brand names ‘Elderly Service Provider’ (referred to as the “Services”).

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://theelderlywellness.com/company/privacy (the “Terms of Use”)), the End-Users (as defined in the Terms of Use), and the visitors of Elderly (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 AUTHORISED 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?

• 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.

2. COLLECTION OF PERSONAL INFORMATION

• 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 Elderly 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.

• 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.

Elderly 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 Elderly immediately.
• 3.1.2. An indicative list of information that Elderly 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 Elderly by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Elderly may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules,
  • for the purpose of providing you the Services,
  • for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes,
  • for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates,
  • 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,
  • debugging customer support related issues,
  • 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.
  Elderly also reserves the right to use information provided by or about the End-User for the following purposes:
  • Identifying You.
  • Publishing such information on the Elderly.
  • 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 of payment transaction or deferral of payment facilities.
• 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. Elderly does not control or endorse the content, messages or information found in any Services and, therefore, Elderly 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 Elderly relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Elderly 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 privacy@theelderlywellness.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 Elderly has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Elderly may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where Elderly will not correct, delete or update your Personal Data, including
  • where the Personal Data is opinion data that is kept solely for evaluative purpose; and
  • the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
• 3.1.7. If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through info@theelderlywellness.com. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in Elderly being unable to provide you with its Services or to terminate any existing relationship Elderly may have with you.
• 3.1.8. If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at info@theelderlywellness.com.
• 3.1.9. Elderly may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. Elderly will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, Elderly provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
• 3.1.10. The Elderly uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by Elderly and its service providers for the technical administration of the Elderly, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Elderly may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any Personal Information of the User. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Elderly, but the Elderly may be limited in the use of some of the features.
• 3.1.11. Elderly does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which Elderly is not responsible or liable. Accordingly, Elderly does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Elderly guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Elderly of the website, the website's provider, or the information on the website. If you decide to visit a third-party website linked to the Website, you do this entirely at your own risk. Elderly encourages the User to read the privacy policies of that website.
• 3.1.12. The Elderly may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Elderly representatives or agents, and their opinions or statements do not necessarily reflect those of Elderly, and they are not authorized to bind Elderly to any contract. Elderly hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
• 3.1.13. Elderly maintains a strict "No-Spam" policy, which means that Elderly does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
• 3.1.14. Elderly has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Elderly shall not be held liable for any loss whatsoever incurred by the User.
• 3.1.15. Elderly implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Elderly’s business.
• 3.1.16. Elderly takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when Elderly, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.

3.2. PRACTITIONERS NOTE:

This section applies to all Practitioners.

• 3.2.1. As part of the registration as well as the application creation and submission process that is available to Practitioners on Elderly, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners.
• 3.2.2. All the statements in this Privacy Policy apply to all Practitioners, and all Practitioners are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Elderly, failing which they are required to leave the Services, including the Elderly immediately.
• 3.2.3. Practitioners’ personally identifiable information, which they choose to provide to Elderly, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by Elderly You will be the owner of your information and you consent to Elderly collecting, using, processing and/or disclosing this information for the purposes hereinafter stated. Elderly may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. Elderly also reserves the right to use information provided by or about the Practitioner for the following purposes:
  • Publishing such information on the Elderly.
  • Contacting Practitioners for offering new products or services
  • Contacting Practitioners for taking product feedback.
  • Analyzing software usage patterns for improving product design and utility.
  • Analyzing anonymized practice information including financial, and inventory information for commercial use.
• 3.2.4. Elderly automatically enables the listing of Practitioners’ information on its Elderly for every ‘Nurse’ or ‘Physiotherapist’ added to a Practice using its software. The Practitioner information listed on Elderly is displayed when End-Users search for Nurse, Physiotherapist, Home Caretake on Elderly, and the Practitioner information listed on Elderly is used by End-Users to request for appointments. Any personally identifiable information of the Practitioners listed on the Elderly is not generated by Elderly and is provided to Elderly by Practitioners who wish to enlist themselves on the Elderly. Elderly displays such information on its Elderly on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Practitioners to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes or updates to such information. Elderly will, however, take reasonable steps to ensure the accuracy and completeness of this information.
• 3.2.5. Elderly may also display information for Practitioners who have not signed up or registered for the Services, provided that the Practitioners have consented to Elderly collecting, processing and/or disclosing their information on the Elderly. Such Practitioners are verified by Elderly or its associates, and Elderly makes every effort to capture accurate information for such Practitioners. However, Elderly does not undertake any liability for any incorrect or incomplete information appearing on the Elderly for such Practitioners.

3.3. END-USERS NOTE:

This section applies to all End-Users.

• 3.3.1. As part of the registration/application creation and submission process that is available to End-Users on this Elderly, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End-Users.
• 3.3.2. All the statements in this Privacy Policy apply to all End-Users, and all End-Users are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Elderly, failing which they are required to leave the Elderly immediately.
• 3.3.3. If you have inadvertently submitted any such information to Elderly prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the Elderly. In addition, you can, by sending an email to privacy@theelderlywellness.com, inquire whether Elderly is in possession of your personal data, and you may also require Elderly to delete and destroy all such information.
• 3.3.4. End-Users’ personally identifiable information, which they choose to provide on the Elderly is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by Elderly from End-Users (such as, patterns of utilization described above) and is exclusively owned by Elderly. Elderly may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, Elderly reserves with it the right to use anonymized End-User demographics information and anonymized End-User health information for the following purposes:
  • Analyzing software usage patterns for improving product design and utility.
  • Analyzing such information for research and development of new technologies.
  • Using analysis of such information in other commercial product offerings of Elderly.
  • Sharing analysis of such information with third parties for commercial use.
• 3.3.5. Elderly will communicate with the End-Users through email, phone and notices posted on the Elderly or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their "Elderly Account" and changing the account settings.
• 3.3.6. At times, Elderly conducts a User survey to collect information about End-Users' preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous. Similarly, Elderly may offer contests to qualifying End-Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that Elderly collects in the registration process and through surveys is used to help Elderly improve its Services to meet the needs and preferences of End-Users.
• 3.3.7. Elderly may keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Practitioners.
• 3.3.8. All Elderly employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. Elderly has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which Elderly transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.
• 3.3.9. Elderly may also disclose or transfer End-Users’ personal and other information provided by a User, to a third party as part of reorganization or a sale of the assets of an Elderly corporation division or company. Any third party to which Elderly transfers or sells its assets to will have the right to continue to use the personal and other information that End-Users provide to us, in accordance with the Terms of Use
• 3.3.10. To the extent necessary to provide End-Users with the Services, Elderly may provide their Personal Information to third party contractors who work on behalf of or with Elderly to provide End-Users with such Services, to help Elderly communicate with End-Users or to maintain the Elderly or independent third-party service providers to process payment instructions including providing a payment deferral facility to End-Users in relation to the Services. These third-party service providers have access to information needed to process payments, but may not use it for other purposes. Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on the Elderly, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.

3.4. CASUAL VISITORS NOTE:

• 3.4.1. No sensitive personal data or information is automatically collected by Elderly, who are merely perusing the Elderly.
• 3.4.2. Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Elderly immediately.
• 3.4.3. You are not a casual visitor if you have willingly submitted any personal data or information to Elderly through any means, including email, post or through the registration process on the Elderly. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

5. CHANGE TO PRIVACY POLICY

Elderly may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Elderly treats User’s personally identifiable information, or in the Privacy Policy itself, Elderly 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 info@theelderlywellness.com to deactivate your account. Unless stated otherwise, Elderly’s current Privacy Policy applies to all information that Elderly 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.

6. CHILDREN'S AND MINOR'S PRIVACY

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

7. 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 Elderly and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to Elderly 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 Elderly and use of the Services is subject to this Privacy Policy and the Terms of Use.

8. ADDRESS FOR PRIVACY QUESTIONS

Should you have questions about this Privacy Policy or Elderly's information collection, use and disclosure practices, you may contact, the Data Protection Officer appointed by Elderly 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 at privacy@theelderlywellness.com