Privacy Policy

PLEASE READ THESE PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE WEBSITE & APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE & APPLICATION.

1. Context & Purpose


1. The domain name www.eswasthya.in, an internet based portal, and eswasthya.in, a mobile application, is owned and operated by eSwasthya Mediserve Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as “eSwasthya” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile applications are collectively referred to as “Website & Applications”.


2. The Website & Applications is a platform that facilitates the purchase of Health & Wellness products. The Services would be made available to such natural persons who have agreed to become buyers on the Website & Applicationsafter obtaining due registration, in accordance with the procedure as determined by eswasthya.in from time to time (referred to as “You” or “Your” or “Yourself” or “User/ Customer/ Premium User”, which terms shall also include natural persons who are accessing the Website & Applications merely as visitors).


3. For the purpose of providing the Services and for other purposes identified in this Privacy Policy, eswasthya.in will be required to collect and host certain data and information of the User/ Customer/ Premium User. eswasthya.in is committed to protecting the personal information of the User/ Customer/ Premium User and takes all reasonable precautions for maintaining confidentiality of the User/ Customer/ Premium User’s personal information. This Privacy Policy has been designed and developed to help you understand the following:


i. The type of personal information (including sensitive personal data or information) that eswasthya.in collects from the User/ Customer/ Premium User;


ii. The purpose of collection, means and modes of usage of such personal information by eswasthya.in;

iii. How and to whom eswasthya.in will disclose such information;


iv. How eswasthya.in will protect the personal information including sensitive personal data or information that is collected from the User/ Customer/ Premium User; and


v. How User/ Customer/ Premium User’s may access and/ or modify their personal information.


4. This Privacy Policy shall apply to the use of the Website & Applications by all User/ Customer/ Premium User. Accordingly, a condition of each User/ Customer/ Premium User’s use of and access to the Website & Applications and to the other services provided by eswasthya.in to User/ Customer/ Premium User is their acceptance of this Privacy policy. Any User/ Customer/ Premium User is required to read and understand the provisions set out herein prior to submitting any sensitive personal data or information to eswasthya.in, failing which they are required to leave the Website & Applications immediately.


5. This Privacy Policy is published in compliance of the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.


2. What is personal information?


1. Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available with eswasthya.in, is capable of identifying the person concerned.


2. Sensitive Personal Data or Information means Personal Information of any individual relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to or received by eswasthya.in for processing or storage. However, any data/ information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law shall not qualify as sensitive personal data/ information.


3. Types of personal information collected by eswasthya.in:


1. A User/ Customer/ Premium User may have limited access to the Website & Applications and utilize some of the Services provided by eswasthya.in without creating an account on the Website & Applications. Unregistered User/ Customer/ Premium User can access some of the information and details available on the Website & Applications. In order to have access to all the features and benefits on our Website & Applications, User/ Customer/ Premium User may be required to first create an account on our Website & Applications. As part of the registration process, eswasthya.in may collect the following categories of personal information from the User/ Customer/ Premium User (hereinafter collectively referred to as “User/ Customer/ Premium User Information"):


i.      Name;

ii.     User/ Customer/ Premium User ID;

iii.    Email address

iv.    Address (including country and ZIP/ postal code);

v.     Gender;

vi.    Age;

vii.   Phone number;

viii.  Password chosen by the User/ Customer/ Premium User;

ix.    Valid financial account information; and

x.     Other details as the User/ Customer/ Premium User may volunteer.


2. In order to avail the Services, the User/ Customer/ Premium User may be required to upload copies of their prescriptions, on the Website & Applications and/ or e-mail the same to eswasthya.in in accordance with the Terms of Use and the prescriptions will be stored/ disclosed by eswasthya.in only in the manner specified in this Privacy Policy and the Terms of Use. The term User/ Customer/ Premium User Information shall also include any such prescriptions uploaded or otherwise provided by User/ Customer/ Premium User.


3. eswasthya.in may keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of Services.


4. Internet Use:eswasthya.in may also receive and/ or hold information about the Internet Protocol (IP) address of each User/ Customer/ Premium User’s computer and type of web browser the User/ Customer/ Premium User is using as well as the name of User/ Customer/ Premium User’s ISP. The Website & Applications uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by eswasthya.in and its service providers for the technical administration of the Website & Applications, research and development, and for User/ Customer/ Premium User administration.


5. The Website & Applications may enable User/ Customer/ Premium User to communicate with other User/ Customer/ Premium User or to post information to be accessed by others, whereupon other User/ Customer/ Premium User may collect such data. eswasthya.in hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.


6. eswasthya.in does not knowingly collect personal data from children.


7. eSwasthya may in future include other optional requests for information from the User/ Customer/ Premium User including through User/ Customer/ Premium User Surveys in order to help eswasthya.in customize the Website & Applications to deliver personalized information to the User/ Customer/ Premium User and for other purposes are mentioned herein. Such information may also be collected in the course of contests conducted by eswasthya.in. Any such additional personal information will also be processed in accordance with this Privacy Policy.


4. Purposes for which your information may be used by eswasthya.in:


1. The information which eswasthya.in collects from you may be utilized for various business and/ or regulatory purposes including for the following purposes:


i. Registration of the User/ Customer/ Premium User on the WEBSITE & APPLICATION ;


ii. Processing the User/ Customer/ Premium User’s orders / requests and provision of Services;


iii. Complete transactions with User/ Customer/ Premium User effectively and billing for the products/ Services provided;


iv. Technical administration and customization of Website & Applications;


v. Delivery of personalized information and target advertisements to the User/ Customer/ Premium User;


vi. Improvement of Services and features on the Website & Applications;


vii. Research and development and for User/ Customer/ Premium User administration (including conducting User/ Customer/ Premium User surveys)


viii. Non-personally identifiable information, exclusively owned by eswasthya.in may be used in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and eswasthya.in may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.


ix. Dealing with requests, enquiries or complaints and other customer care related activities; and all other general administrative and business purposes.


x. In case of any contests conducted by eswasthya.in which the User/ Customer/ Premium User participates, the User/ Customer/ Premium User Information may be used for prize fulfillment and other aspects of any contest or similar offering.


5. Disclosure and transfer of your personal information:


1. eswasthya.in may need to disclose/ transfer your personal information to the following third parties for the purposes mentioned in this Privacy Policy and the Terms of Use:


i. To government institutions/ authorities to the extent required a) under the laws, rules, and regulations and or under orders of any relevant judicial or quasi-judicial authority; b) to protect and defend the rights or property of eswasthya.in; c) to fight fraud and credit risk; d) to enforce eswasthya.in's Terms of Use (to which this Privacy Policy is also a part) ; or e) when eswasthya.in, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.


ii. If otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.


2. eswasthya.in makes all User/ Customer/ Premium User Information accessible to its employees and data processors only on a need-to-know basis. All eswasthya.in employees and data processors, who have access to, and are associated with the processing of User/ Customer/ Premium User Information, are obliged to respect its confidentiality.


6. Retention of the information:


1. All the information collected/ stored under this Privacy Policy and Terms of Use is maintained by eswasthya.in in electronic form on its equipment, and on the equipment of its employees. User/ Customer/ Premium User Information may also be converted to physical form from time to time. Regardless of the manner of storage, eswasthya.in will keep all User/ Customer/ Premium User Information confidential and will use/ disclose it only the manner specified under the Privacy Policy and Terms of Use.


2. Part of the functionality of the Website & Applications is assisting eswasthya.in to maintain and organize such information to effect sale and purchase of products.


3. The Website & Applications is also designed for assisting the User/ Customer/ Premium User to access information relating to Health & Wellness products. eswasthya.in may, therefore, retain and submit all such records to the relevant User/ Customer/ Premium User.


4. eswasthya.in will also ensure that User/ Customer/ Premium User Information is not kept for a period longer than as required for the purposes for which it is collected or as required under any applicable law.


7. Security Practices and Procedures:


1. eswasthya.in adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.


2. eswasthya.in makes all User/ Customer/ Premium User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.


8. Users/ Customers/ Premium Users’ rights in relation to their personal information collected by eSwasthya:


1. All the information provided to eswasthya.in by User/ Customer/ Premium User, including Sensitive Personal Information, is voluntary. User/ Customer/ Premium User has the right to withdraw his/ her/ its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.


2. User/ Customer/ Premium User can access, modify, correct and delete the personal information provided by them which has been voluntary given by the User/ Customer/ Premium User and collected by eswasthya.in in accordance with this Privacy Policy and Terms of Use. However, if the User/ Customer/ Premium User updates his/ her information, eswasthya.in may keep a copy of the information whichUser/ Customer/ Premium User originally provided to eswasthya.in in its archives for uses documented herein. In case the User/ Customer/ Premium User seeks to update or correct, his/ her personal information, the User/ Customer/ Premium User may exercise these rights by emailing eswasthya.in at care@eswasthya.in and communicate the change(s) for updating eSwsathya’s records.


3. If you, as a casual visitor, has inadvertently browsed any other pages of this Website & Applications prior to reading the Privacy Policy and the Terms of Use, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by eswasthya.in. All visitors, however, encouraged to use the "clear cookies" functionality of their browsers to ensure such clearing/ deletion, as eswasthya.in cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Website & Applications.


4. If you have inadvertently submitted any personal information to eswasthya.in prior to reading the Privacy Policy and Terms of Use, and you do not agree with the manner in which such information is collected, stored or used, then you can ask eswasthya.in, by sending an email to care@eswasthya.in containing the rectification required, whether eswasthya.in is keeping personal data about him/ her, and every User/ Customer/ Premium User is also entitled to require eswasthya.in to delete and destroy all such information relating to him/ her (but not other User/ Customer/ Premium User) in its possession.


5. In case the User/ Customer/ Premium User does not provide his/ her information or consent for usage of personal information or subsequently withdraws his/ her consent for usage of the personal information so collected, eswasthya.in reserves the right to discontinue the services for which the said information was sought.


9. Additional notes to the Users/ Customers/ Premium Users:


1. eSwasthya 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 User/ Customer/ Premium User's computer, collect data or solicit personal information from the User/ Customer/ Premium User, for which eswasthya.in is not responsible or liable. Accordingly, eswasthya.in does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such Website & Applications, nor does eswasthya.in guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such Website & Applications. eswasthya.in encourages the User/ Customer/ Premium User to read the privacy policies of that Website & Applications.


2. eswasthya.in shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User/ Customer/ Premium User to eSwasthya. If a User/ Customer/ Premium User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or eswasthya.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eswasthya.in has the right to suspend or terminate such account at its sole discretion.


3. eswasthya.in shall not be responsible for any breach of security or for any actions of any third parties that receive User/ Customer/ Premium User's personal data or events that are beyond the reasonable control of eSwasthya including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.


4. The User/ Customer/ Premium User is responsible for maintaining the confidentiality of the User/ Customer/ Premium User's account access information and password. The User/ Customer/ Premium User shall be responsible for all uses of the User/ Customer/ Premium User's account and password, whether or not authorized by the User/ Customer/ Premium User. The User/ Customer/ Premium User shall immediately notify eswasthya.in of any actual or suspected unauthorized use of the User/ Customer/ Premium User's account or password.


5. eswasthya.in will communicate with the User/ Customer/ Premium User through email and notices posted on the Website & Applications or through other means available through the service, including text and other forms of messaging. The User/ Customer/ Premium User can ask e eSwasthya, by sending an email to care@eswasthya.in containing the rectification required.


10. Changes in the Privacy Policy:


1. eswasthya.in may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way eswasthya.in treats User/ Customer/ Premium User's personal information, eswasthya.in will display a notice on the Website & Applications or send User/ Customer/ Premium User an email. If a User/ Customer/ Premium User uses the Service after notice of changes have been sent to such User/ Customer/ Premium User or published on the Website & Applications, such User/ Customer/ Premium User hereby provides his/ her/ its consent to the changed practices.