Privacy Policy

SMD Wellness Private Limited (“SMD Wellness” or “eMbrace Lives” or “we” or “us” or “our”), respects every individual’s right to privacy and it is our endeavour to protect their personal and sensitive personal data or information (defined below).

This Privacy Policy (“Policy”) applies to all visitors (i.e., those who do not have an Account with SMD Wellness) and users (i.e., those who have an Account with SMD Wellness) (collectively referred to as “User”) who share their personal and/or sensitive personal data or information with us, while browsing, accessing and using our Platform and/or Services. The purpose of this Policy is to inform Users regarding collection, use, storage, transfer and disclosure of their data or information. Before submitting any information to us, please carefully read this Policy to understand how we shall deal with your information.

The User acknowledges that this Policy is a part of our Terms & Conditions (insert hyperlink). All capitalised terms used herein but not defined shall have the same meaning as ascribed to them in the Terms & Conditions. Access, browsing and continuous use of the Platform and/or our Services, constitutes the User’s unconditional consent to this Policy read together with our Terms & Conditions. If the User does not agree with the terms of this Policy, please do not visit and use our Platform and Services. This Policy can be easily accessed on our Platform.

SMD Wellness reserves its right to modify, alter, and update this Policy at any time, with or without prior notice. Users shall be notified of material changes to this Policy as updated on this page so that they are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If a User continues to use the Platform or avail our Services after any modification, amendment, alteration or change of this Policy, irrespective of its publication on the Platform, such User shall be deemed to provide consent to this Policy and SMD Wellness’ other policies and practices existing at the time of visiting, accessing and/or using the Platform and Services.

This Policy is published in compliance of:

(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 (“SPI Rules”)

Definitions

“Personal Information” means as any information that relates to a natural person, which either directly or indirectly or in combination with other information, available or likely to be available with a body corporate, is capable of identifying such person. Such information includes name, address, mobile number etc.

“Sensitive personal data or information” of a person means their personal information which consists of information relating to:

(i) passwords;
(ii) financial information such as bank accounts or credit card or debit card or other payment instrument details;
(iii) physical, physiological and mental health condition;
(iv) sexual orientation;
(v) medical records and history;
(vi) biometric information;
(vii) any of the information received under above clauses by body corporate for processing or storage under lawful contract or otherwise.

Information which is freely available in the public domain or furnished under the Right to Information Act, 2005 or any other law shall not be regarded as Sensitive personal data or information.

Consent for Processing of information

Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Personal Information (collectively referred to as “Processing”) by accessing or availing Services on the Platform. When a User provides her personal information to avail a therapy package, access self-care guides/modules, fill assessment forms, interact with the psychologists or engage with the Platform in any manner whatsoever, we imply that she consents to the Processing of her personal information.

In accordance with Rule 5 of SPI Rules, Users provide their specific consent to the Processing of their Sensitive personal data or information for lawful purposes enumerated in this Policy.
If a User changes her mind and wants to withdraw the consent for us to contact her or for continued Processing of her data or information, at any time, she may do so by contacting us at info@embracelives.com or mailing us at Shop No. 2, First floor, CSC Sector-C, Pocket-1, Vasant Kunj, Delhi, 110070.

Types of information we collect

Users who access and use our Platform and/or Services are required to submit certain Personal Information and Sensitive personal data or information for creating an Account and entering into transactions with us. Personal Information and Sensitive personal data or information which may be collected by us includes:

1. full name and age;
2. username and password of User’s registered Account;
3. postal address;
4. e-mail address;
5. mobile number;
6. details of current medical condition including any personal history of mental illness;
7. additional information that may be required to provide invoices and/or order confirmation;
8. internet protocol (IP) addresses (through cookies);
9. individual web pages or products/services viewed by the User;
10. URL of website or search terms that referred the individual to the Platform;
11. URL of website accessed prior to and post Users’ accessing our Platform;
12. credit/debit card number, credit/debit card expiration date and/or other payment instrument details;
13. User’s comments, feedback, queries, e-mails, letters, suggestions provided to us;
14. third-party information about concerned User’s activities, interactions or postings on the Platform;
15. any other information relevant for accessing and using our Platform and/or Services as maybe required by us.

Purpose of collection

We shall collect your Personal Information or Sensitive personal data information or information only for specific, clear and lawful purposes. These include:

1. to have effective communication with the User.
2. to give the User a safe, efficient, smooth and personalised experience while using our Platform and Services;
3. to give the User a customized personalised experience;
4. to improve our Services;
5. to respond to your queries or complaints generally related to our Services, etc;
6. to send promotional e-mails containing information about our existing and new services, newsletters, notify changes in this Policy or other policies etc;
7. to analyse the traffic on our Platform and conduct market research regarding Users’ demographics, interests, and behaviour;
8. to create new products and services;
9. to detect, prevent and address error, fraud, criminal activity, abuse of our Services and technical issues;
10. to enforce our Terms & Conditions;
11. other such lawful purposes as described at the time of collection of Personal Information or Sensitive personal data or information.

How information is collected

We collect information which the User voluntarily provides us at the time of visiting, accessing, browsing and using our Platform and Services. We also collect data automatically by analysing your online behaviour (through cookies).

The User has an option to not provide us with certain information or withdraw consent to provide certain information at any time, in accordance with the terms of this Policy. In case consent is withdrawn, we shall retain your Personal Information or Sensitive personal data or information for a period deemed appropriate by us or as mandated by Applicable Law. On revoking of your consent, we reserve the right to limit access to the various features and Services provided on the Platform.

Third-party Services

In general, third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our Platform or are redirected to a third-party website or application, you are no longer governed by this Policy or our Platform’s Terms & Conditions.

Disclosure of information

You expressly consent to and authorize us to share your Personal Information and Sensitive personal data or information with any third party, to the extent and for the lawful purposes as stated in this Policy. We shall not disclose your Personal Information or Sensitive personal data or information to any government institution or authority, except where such disclosure is (i) obligated by Applicable Law, (ii) requested by a lawfully authorized government authority, (iii) pursuant to a judicial decree, (iv) for enforcing and protecting legal rights of SMD Wellness or others, (v) for seeking any relief, (vi) for defending any charge, (vii) for opposing any claim, (viii) for enforcing this Policy or our Terms & Conditions, (ix) for obtaining any legal advice, (x) in case of violation of our Terms & Conditions and (xi) in case of any vulnerable child or adult protection issues, drug trafficking, previously unreported criminal activity, terrorist or homicidal activity. We also reserve our right to disclose, share or transfer your Personal Information or Sensitive personal data or information to a third-party due to any change in ownership, merger, restructuring or sale of our business assets.

Use of cookies and other technologies

To improve the effectiveness and usability of the Platform for our Users, we use “cookies” or similar technology to collect information in order to understand the User’s individual interests. Our web servers automatically collect limited information about the User’s computer connection to the internet, including User’s IP address, when the User visits the Platform (User’s IP address is a number that lets computers connected to the internet know where to send data to the User such as the web pages viewed by the User).

Users may encounter “cookies” or other similar devices on certain pages of the Platform that are placed by third-parties. We do not control the use of cookies by third-parties and disclaim any obligation or liability associated thereto.

Links to third-party websites

The Platform may provide links to third-party websites which may or may not collect information about the User. The User acknowledges that this Policy does not cover the collection and use of information by such sites and that we shall not be responsible for the privacy policies, practices or content of the linked websites. We recommend you to read the privacy policy of such websites.

Correction and updation of information

The User shall promptly notify us in case any Personal Information or Sensitive personal data or information provided by such User as maintained in our records is inaccurate, misleading or incomplete. Further, the User may also review, update or modify the information by logging into their Account on the Platform. We shall not be responsible for the authenticity of Personal Information or Sensitive personal data or information provided by a User.

Retention of information 

Your Personal Information and Sensitive personal data or information may be retained and used until: (i) the relevant purposes for the use of your information described in this Policy are no longer applicable; and (ii) we are no longer required by Applicable Law, regulations, contractual obligations or legitimate business purposes to retain your information; and (iii) the retention of your information is not required for the establishment, exercise or defense of any legal claim.

Mailers

SMD Wellness may send direct mailers to the User at their registered e-mail address. The User has the option to opt-out of direct mailers. SMD Wellness respects every User’s privacy and in the event that User chooses to not receive such mailers, we will take appropriate steps to remove the User from our subscriber list.

How we secure the information 

The Platform has put reasonable security measures necessary to prevent misuse, unauthorised access, modification, disclosure or destruction of your Personal Information and Sensitive personal data or information in our control. We may undertake periodic review of our security safeguards and this Policy to incorporate such future changes as may be appropriate to ensure that integrity of your Personal Information and Sensitive personal data or information is intact. In case of any security breach which is likely to cause harm to the User, we shall notify the User of such breach as soon as practicable and take necessary measures to remedy the breach or mitigate any immediate harm.

Questions and contact information

If you would like to access, correct, amend or delete any Personal Information and Sensitive personal data or information we have about you, register a complaint, or simply want more information, please e-mail us at info@embracelives.com or mail at Shop No. 2, First floor, CSC Sector-C, Pocket-1, Vasant Kunj, Delhi, 110070.