PRIVACY AND DATA PROTECTION POLICY
Last Revised: February 13, 2020
Introduction: Swasthyam is committed to protecting your privacy. The purpose of this Privacy Policy (hereinafter referred to as ‘Policy’) is to inform you as to what information may be collected from you when you visit our website, including all pages within this website, content platforms, applications (collectively referred to herein below as this “Website”) or when you become a Consultant, how such information will be used by Swasthyam and / or other persons or entities, We’ve structured our Web site so that you can visit www.myswasthyam.com on the Web without identifying yourself or revealing any personal information. Once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your customer relationship with Swasthyam or your business relationship as a Swasthyam Consultant (“Consultant”).
This privacy Policy applies to all personal information collected by Swasthyam during the course of any usage of the service provided. By using the service, the extent to which you agree to comply with Swasthyam’s policies. This privacy Policy is embedded in an electronic format under the Information Technology Act 2000 and the rules made thereunder and the amendments regarding electronic documents as amended by the said Act. This document is an electronic record generated by a computer system and does not require any physical or digital signatures.
This Privacy Policy is published pursuant to:
• 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 (“SPI Rules”); and
• Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
This Privacy Policy sets out the type of information collected from the Users, including the nature of the sensitive personal data or information, the purpose, means and modes of usage of such information and how and to whom the Company shall disclose such information.
The purpose of this Privacy Police is to inform you of the kinds of information we may collect, how such information may be used, with whom such information may be shared, you choices regarding the collection, use and sharing of such information, your ability to access and correct such information and the security procedures we use to protect this information.
If you apply to become or are Independent Consultant, in addition to the generally Applicable provisions of this privacy statement, please review the Independent Consultant section at the bottom of this privacy statement to see important information about additional privacy practices that apply to you.
1. AWARENESS
Swasthyam provides this Privacy & Data Protection Policy (this “Policy”) to provide transparency into our practices, ensure fairness and accountability in our data processing and help you exercise your data privacy rights. To make this notice easy to find, we make it available on the bottom of every page on our Web site.
2. NOTICE FOR COLLECTION OF INFORMATION
This notice applies to anyone who interacts with us in relation to our products and service, by any mode of communication. We may give you additional privacy notices if required for specific interactions.
You may be asked for certain types of personal information (e.g. your first and last name , PAN, mailing address, city, state, postal code, telephone number, email address, bank information, etc.). If you do not want to disclose your personal information to us, please do not submit it. This does mean that in some cases, we may not able to provide you the service you have requested. Your personal information is used for efficient service and better user experience on the website.
Swasthyam may also collect Miscellaneous Information through your interaction with and use of the website which does not reveal your specific identity or does not directly relate to an individual / entity. Miscellaneous information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographical or geo-location information, statistical and aggregated information. In some instances, Swasthyam may combine miscellaneous information with personal information, such as combining a precise geographical location with Application Delivery Network (AND). In such cases, combined information will be treated as your personal information.
Such information that is considered sensitive under applicable law will be handled in accordance with such laws.
3. USE OF PERSONAL INFORMATION
We may use personal Information
• For the purposes for which you specifically provided it including, without limitation, to enable us to respond to your inquiries and process and fulfil your requests;
• To send you information about your relationship or transactions with us;
• To tell you about products, services, programs, and offers that we believe may be of interest to you via e-mail, SMS, telephone or postal mail;
• To personalize your experience with us including by presenting products or offers tailored to you;
• To allow you to use, communicate and interact with others on our Site;
• To help you find a Consultant including suggesting a new Swasthyam Consultant if your current Consultant has discontinued selling Swasthyam products, and to facilitate the business activities of a Consultant;
• For our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns;
• To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities (Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully);
• To complete and fulfil your order, or otherwise provide you with products or services, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service;
• To allow you to send an e-mail to other people through our “send to a friend” type functionality. (By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name and e-mail address for that purpose. Your friend’s information will only be used to send the forwarding e-mail and is not saved in our databases.);
• This notice applies to anyone who interacts with us in relation to our products and services, by any mode of communication. We may give you additional privacy notices if required for specific interactions.
4. SHARING PERSONAL INFORMATION
We may disclose your Personal Information:
We may disclose your Personal Information:
• To companies that are affiliated with us, that is, are part of the Swasthyam family of companies, but not for their direct marketing purposes;
• To third-party service providers who provide services to Swasthyam, such as website hosting, data analysis, payment processing, order fulfilment, infrastructure provision, information technology services, customer service, email delivery services, credit card processing, auditing, training, and other similar services. (These third parties will be supplied with, or have access to, your Personal Information for the purpose of providing these services to us or on our behalf);
• To the Consultant, to the extent necessary for them to contact you, fulfil your orders or provide a service to you;
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings); and
• As we believe necessary or appropriate: (a) under applicable law, including laws outside your country and State of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your county and State of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
From time to time, we may give you the opportunity to opt in to participate in special third party offers that require us to share certain Personal Information with such third parties. We will disclose this anticipated sharing of Personal Information at the time we make such opportunities available to you. If you opt in to participate in such an offer, we may disclose your Personal Information to such third parties for their direct marketing purposes. We recommend that you consult such third parties’ privacy policies in advance if you wish to participate in these offers.
5. NON- PERSONAL INFORMATION
Collection of Non-Personal Information.
“Non-Personal Information” is any information that does not reveal your specific identity, such as:
• Browser information
• Information collected through cookies, pixel tags and other technologies
• Demographic information and other information provided by you or our Independent Consultant
• Aggregated information
We and our third-party service providers may collect Non-Personal Information in a variety of ways. For example, we
• Collect information such as your computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version.
• Collect demographic information, such as your location, education, profession, age, gender, as well as other information, such as your hobbies and special interests when you voluntarily provide this information to us. Unless combined with Personal Information, this information does not personally identify you or anyone else.
Aggregating information: We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
We combine any Non-Personal Information with Personal Information; the combined information will be treated by us as Personal Information as long as it is combined.
Use and Sharing of Non-Personal Information: Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose.
6. COOKIES AND OTHER TECHNOLOGIES
• Cookies. We and our third-party service providers may use “cookies” on the Site. Cookies allow a web server to transfer data to a computer for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Site. We also allow vendors to use cookies on our website. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies.
• Local Storage Objects. We and our third-party service providers may use Flash Local Storage Objects (“Flash LSOs”) in certain situations including recognizing you and remembering what is in your shopping cart. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you generally cannot control, delete or disable the acceptance of Flash LSOs from your browser.
• Pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. However, in contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on website pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with the Site to, among other things, track the activities of our Site visitors and compile statistics about Site usage and response rates. We and our third-party service providers also may use clear GIFs in HTML-formatted e-mail messages to help us track e-mail response rates, measure the success of our marketing campaigns, and identify when our e-mails are viewed or forwarded.
• Site Analytics. Swasthyam may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Site.
• Widgets, Applications and similar technologies. If you choose to utilize technology provided by us (such as a widget), any Personal Information or other information you make available through such technology may become available publicly, for example, through social media and other websites and platforms on which you may make the applicable technology available. In addition, some technology may have the capability to be distributed “virally” in other locations (for example, a friend or a customer of yours may post the widget that contains your information to his or her blog). Swasthyam is not responsible or liable for the collection, use or disclosure of Personal Information and/or other information that is made publicly available.
7. IP ADDRESSES
• Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).
• An IP Address may be identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.
• We may use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, detecting fraud, and administering the Site. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.
8. SOCIAL NETWORK AND INTERACTIVE TOOLS
Certain features on our Site may give you an opportunity to interact with us and others. These may include blogs, message boards, messaging functionality, chat functionality, and creating community profiles. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.
9. THIRD-PARTY WEBSITES
Our Site may link to websites operated by other third parties. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Site, or for the privacy practices of third party Internet advertising companies. The inclusion of a link on the Site does not imply endorsement of the linked site by us. Swasthyam’s Independent Business Consultant is solely responsible for their own websites and for any information collected on those websites. If an Independent Business Consultant uses a Swasthyam Site to collect information from you, Swasthyam may have access to that information and shall treat it in accordance with this Privacy Statement.
10. THIRD-PARTY ADVERTISERS
We may use third-party advertising companies to serve ads when you visit our Site. These companies may use information about your visit to the Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, our site may also run third-party ads for specific merchants and service partners with whom we link.
11. DO NOT TRACK
Web browsers may allow you to send “Do Not Track” requests. We do not currently take actions to respond to Do Not Track signals because there is no current industry standard concerning what, if anything, websites should do when they receive such signals. We continue to review new technologies and may adopt a standard if and when one is created.
12. SECURITY
We take reasonable steps to ensure that the personal information we collect about you remains accurate and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure, and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. We shall not be responsible for harm that you or any person may suffer due to a breach of confidentiality in respect to your use of the Site or any information you transmit to the Site. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use industry-standard encryption technology when collecting or transferring sensitive data, such as credit card and bank account information.
13. CHOICE
To opt out of receiving marketing and/or promotional offers from Swasthyam you may (1) follow the “unsubscribe” instructions contained in any such emails you have received, or (2) if you have registered with a Swasthyam Site, you may use that Site’s “modify account information” or similar functionality to opt out from receiving such messages.
14. ACCESS
If you registered with a Site, you may view, change, modify or remove certain Personal Information contained in your personal profile by using the tools found in the profile or account section of the applicable Site.
We will endeavor to comply with your request as soon as reasonably practicable. However, we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. We also reserve the right, from time to time, to re-contact former Site visitors and users, including Independent Business Consultant. Finally, we are not responsible for removing information or causing information to be removed from the databases or other records of third parties (including vendors, service providers, and Independent Business Consultant with whom we have already shared your Personal Information.
15. ONLINE FORUMS
The Sites may offer publicly-accessible community forums. You should be aware that any information you provide in these areas is public and may be read, collected, and used by others who access them. To request removal of your personal information from these forums, email us at privacy@myswasthyam.com. In some cases, we may not be able to remove your personal information.
16. FUTURE DEVELOPMENTS
If our information practices change at some time in the future, we will first post the policy changes to our Web site to notify you of these changes and the lawful basis of our processing activities, if you are concerned about how your information is used, you should periodically check the current version of this Policy on our Web site. By using our site, you acknowledge acceptance of the version of this Policy in effect at the time of use.
17. NON-DISCRIMINATION
Exercising your rights under this Policy or the data privacy laws or regulations applicable to you will not result in any of the following by Swasthyam: denying you goods or services; charging (or suggesting we will charge) you different prices or rates for goods or services (whether through the imposition of fees or penalties, through denial of discounts or benefits, or through other means); providing (or suggesting we will provide) you a different level or quality of goods or services.
18. PROTECTION OF CHILDRENS PRIVACY
We take special care to protect the privacy needs of children. Our Site does not target and is not intended for children under the age of 18, and we will not knowingly collect personal information from them. You must be at least 18 years old to be a customer or Representative.
19. DATA RETENTION
Personally-identifiable information will be kept in active files or systems as long as needed to meet the purposes for which it was collected or as required to perform the contractual relationship with the Consultant and his/her up-line, the commercial relationship with the Customer, and our legal obligations.
20. UPDATES TO THIS PRIVACY STATEMENT
From time to time we may change this Privacy Statement. Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Statement was last revised. Any changes to this Privacy Statement will become effective when we post the revised Privacy Statement on the Site. Your interaction with us following these changes means that you accept the revised Privacy Statement.
21. COMPLAINTS & OBJECTIONS
Swasthyam holds itself accountable to this Policy. We welcome inquiries, concerns, complaints, and objections via the method of contact listed in the following section and will work promptly and in good faith to resolve them in a fair manner. In addition, you have the right to lodge a complaint with a supervisory authority.
22. WHAT IF I HAVE QUESTION?
Swasthyam Enterprises Pvt. Ltd. takes privacy concerns seriously. If you have questions or comments about this Privacy Statement,, you may contact us at: D-229, Ground Floor, Defence Colony, OPP. Lajpat Nagar-2, New Delhi, South Delhi, India-110024,e-mail at privacy@myswasthyam.com Or Call-1800-121-203030. Because e-mail communication is not always secure, please do not include sensitive information in your email to us.
23. RESPONSE TO REQUESTS
Swasthyam will respond to requests made under the previous section without undue delay and in any event within one month of receipt of the request unless the request is complex or a high number of requests have been made, in which case Swasthyam will notify you after one month that up to one additional month may be necessary. The reason for the delay will also be communicated at that time.
INDEPENDENT BUSINESS CONSULTANTS
The following provisions are applicable only to Swasthyam’s Independent Business Consultant:
This Privacy Statement applies to the Personal Information of Independent Business Consultant collected by Swasthyam, whether collected online or offline. This information would be collected in addition to any Personal Information we may collect from you as a Swasthyam customer, as described above.