PRIVACY POLICY

Houronearth Creative Solutions Private Limited (“HCSPL”) is the licensed owner of the brand AyuRythm.com. AyuRythm brings you a digital health and fitness subscription service that combines patented personalized coaching and body balance technology that help you to shift to a healthier lifestyle and reach your goals. The subscriber should not use AyuRythm as a medical device or diagnostic tool. The user should consult relevant doctor / medical professional for any health related issues and should not use AyuRythm as a medical guide. The user should not make any medical decision using AyuRythm, for which the user will be solely responsible and HCSPL would not be liable for any claims whatsoever. AyuRythm is not a substitute to any allopathic treatment or medication and user should not discontinue any treatment of medication without expert advice from a doctor. HCSPL respects your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by HCSPL on the website as well as the mobile application. As a visitor to the Site/ user of the application (Customer) you are advised to please read the Privacy Policy carefully. By accessing the services provided by the HCPSL you agree to the collection and use of your data by HCSPL in the manner provided in this Privacy Policy.

This privacy policy (“Privacy Policy“) explains how we collect, use, share, disclose and protect Personal information about the Users of the Services. 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.

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 HCSPL will disclose such information.

What information is, or may be, collected form you?

As part of the registration process, use of our platform application services, or contacting us through inquiries on the Site, HCSPL may collect the following personally identifiable information about you: Name including first and last name, email address, mobile phone number and contact details, Postal code, diet and digestive information, fitness and exercise details, height, weight, sex, body features, hair color, psychological attributes, bio metrics, physiological signals like pulse plethysmograph, electrocardiogram, medical history, photographs, medication details. Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

How do we collect the Information?

HCSPL will collect personally identifiable information about you only as part of a voluntary registration process, use of our platform, use of our application, on-line survey or any combination thereof. The Site may contain links to other Web sites. HCSPL is not responsible for the privacy practices of such Web sites which it does not own, manage or control. The Site and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to the Site.

How is information used?

HCSPL will use your personal information to provide personalized health and wellness recommendations to you. Based on your personal information HCSPL will provide personalized features to you on the Site and will provide promotional offers to you through the Site and other channels. HCSPL will also provide this information to its business associates and partners to get in touch with you when necessary to provide the services requested by you. HCSPL will use this information to preserve transaction history as governed by existing law or policy. HCSPL may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers. HCSPL will also use this information to serve various promotional and advertising materials to you via display advertisements through the Google Ad network on third party websites. You can opt out of Google Analytics for Display Advertising and customize Google Display network ads using the Ads Preferences Manager. Information about Customers on an aggregate (excluding any information that may identify you specifically) covering Customer transaction data, Customer demographic, healthcare data and location data may be provided to partners of HCSPL for the purpose of creating additional features on the application or website, creating appropriate merchandising or creating new products and services and conducting marketing research and statistical analysis of customer behavior and transactions.

With whom your information will be shared?

HCSPL does not rent, sell or share your personal information and will not disclose any of your personally identifiable information to third parties. In cases where it has your permission to provide products or services you’ve requested and such information is necessary to provide these products or services the information may be shared with HCSPL’s business associates and partners. HCSPL may, however, share consumer information on an aggregate with its partners or third parties where it deems necessary. HCSPL may disclose your Personal Data with third party service providers such as Eco System Partners, insurance companies, data analytics companies, marketing and research companies for use of such information including for offering additional services either bundled with, or in addition to the services, or to assist “AyuRythm” in providing the services to you. HCSPL will share such information with insurance companies only when the customers have specifically authorized before buying the services / insurance product. In addition HCSPL may use this information for promotional offers, to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of the Site’s terms of use or to defend against legal claims; special circumstances such as compliance with subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure.

You may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the Application. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Application [of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use.

The Company will not use your financial information for any purpose other than to complete a transaction with you.

To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Application, and opt out of any non-essential communications from the Company.

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.

We use data collection devices such as “cookies” on certain pages of the Application to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”.

We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Application and you may be required to re-enter your password more frequently during a session.

Additionally, you may encounter “cookies” or other similar devices on certain pages of the Application that are placed by third parties. We do not control the use of cookies by third parties.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Application, we may collect such information into a file specific to you.

We do not retain any information collected for any longer than is reasonably considered necessary by us, or such period as may be required by applicable laws. The Company may be required to disclose any information that is lawfully sought from it by a judicial or other competent body pursuant to applicable laws.

What Choice are available to you regarding collection, use and distribution of your information?

To protect against the loss, misuse and alteration of the information under its control, HCSPL has in place appropriate physical, electronic and managerial procedures. For example, HCSPL servers are accessible only to authorized personnel and your information is shared with employees and authorized personnel on a need to know basis to complete the transaction and to provide the services requested by you. Although HCSPL will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site, you agree that HCSPL will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

How to delete user account and data?

User can delete their account by going to Profile>>Account settings>>Delete account, After confirmation users data will be deleted permanently. This will delete all the records and information associated with the account, and data cannot be retrieved again.

What are the Exclusions?

This Privacy Policy does not apply to any Personal Data collected by AyuRythm other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to AyuRythm through this Platform or through any other means. This includes, but is not limited to, information posted to any public areas of the Platform (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and AyuRythm shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

What are the effects of linking to third party websites and social media?

This Privacy Policy applies only to the Platform and to the services provided. We do not permit third parties to collect Personal Data on our Platform, but our Platform may contain links to other web sites not operated or controlled by AyuRythm (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Platform do not imply that AyuRythm endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

AyuRythm may allow you to choose to access certain social media websites and services that are owned and/or controlled by third parties (like Facebook and Twitter) (such websites and services, collectively, the “Social Media Services”) through the Platform. If you elect to access and use the Social Media Services, you will be sharing your information (which may include personal data if you elect to share such information) with those Social Media Services. As with other Third Party Sites, the information that you share with the Social Media Services will be governed by the privacy policies and terms of service of the providers of such Social Media Services and not by the policies and procedures we describe here. When you add Social Media Service accounts to AyuRythm Services or log into the Platform using your Social Media Services account, we will collect relevant information necessary to enable the Platform to access that Social Media Service. As part of such integration, the Social Media Service will provide AyuRythm with access to certain information that you have provided to such Social Media Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed by the policies of the applicable Social Media Services provider and, as a result, AyuRythm shall not have any liability or responsibility for the privacy practices or other actions of Social Media Services that may be enabled within and/or otherwise accessible through the Platform.

You may also have the option of posting your Services activities to Social Media Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Media Services you have enabled will be able to view such activity.

Can Privacy Policy be changed?

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

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

Address for Privacy Questions

Please note that we will not ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information and forward the information relating to the same to [email protected] for necessary action. If you wish to correct or update any information you have provided, you may do so online, on the Application itself. Alternatively, you may contact the Company to correct or update such information by sending an e-mailto: [email protected]

In the event of loss of access to the Application, you may contact the Company by sending an e-mail to: [email protected].

Should you have questions about this Privacy Policy or HCSPL’s information collection, use and disclosure practices, you may contact, the Data Protection Officer appointed by HCSPL 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:

Name: Mr. Abhilesh Gupta
Houronearth Creative Solutions Private Limited

Unit 2, 3rd Floor, Sigma Arcade70,

HAL Old Airport, Marathahalli Village

Marathahalli, Bangalore 560037

Email address: [email protected]