HealthySpan Wellness

PRIVACY POLICY


Legal Agreement

Revision history:

20th October 2020

Original issue

16th January 2021

1st revision

9th May 2021

2nd revision (This is the latest update & is effective since 9th May 2021)


HealthySpan Wellness (collectively referred to herein as “HealthySpan”, “HealthySpan Wellness”, “Company”, “we”, “our” or “us”), is a registered company with limited liability under the ministry of corporate affairs [CIN: U85100KA2019PTC130856]. It owns and operates www.healthyspan.in (‘Website’). This Privacy Policy document (“This Document”) affects two groups of users: the customers or the subscribers (“Registered User”) of our Wellness Programs or Healthy Weight Loss Programs or Ambassador Program (“Services” or “Programs”) and visitors to our Website (‘Casual User’ or ‘Visitor’). If you are either of these 2 groups of users (collectively referred to as “Users”, “you”, or “your”), we strongly recommend you go through this document thoroughly and familiarize yourself with it – both in letter and spirit. When we interact with you – we collect, store, share and use your personal data. This is something we need to do to provide you a better experience when you interact with us and to help you experience better quality service when you enroll into our Programs. However, we totally believe, we must inform you when we do it, how we do it and why we do it and provide you with a choice to disallow us to do the same. We also believe, we must transparently explain to you your rights with regards to your personal information. By using the Website, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, we humbly request you not use the Website.

BY USING THE WEBSITE AND SERVICES, YOU UNEQUIVOCALLY ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL TRACK, COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS.

Let’s begin with 2 important things at the outset that would help you, if you know.

PII – Personally Identifiable Information

PII, as used in privacy laws and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read this document carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our Privacy Policy.

Our Website and External Website Links Therein

This Privacy Statement covers the information practices of HealthySpan Wellness (www.healthyspan.in). The Website may contain links to other websites. The information practices or the content of such other websites is governed by the privacy statements of such other websites. We encourage you to review the privacy statements of other websites to understand their information practices.

1. YOUR PERSONAL INFORMATION WE GATHER AND HOW WE MAY USE IT

Just like we mentioned in an earlier paragraph, when we interact with you – we collect, store, share and use your personal data. This is something we need to do to provide you a better experience when you interact with us and to help you experience better quality service when you enroll into our Programs. Let’s get into details of what data we may collect or data we may have access to whether or not we use it; and also, why and how we use this data.


Type of User

What data we may collect or data we may have access to whether or not we use it

Registered User

  1. Your name, gender, age, contact phone number, email address, mailing address (‘snail mail’ address, postal or shipment address);
  2. Your weight, height, BMI, RM;
  3. Your genetics, ethnicity, health or sexual orientation: These are considered sensitive information. We use this special category of personal data, for example to provide specialized wellness training and physical fitness regimens that will be suitable for you. We require your explicit consent to collect and process these special categories of sensitive personal data. You may refuse or revoke your consent at any time. If you are an EU data subject, to know more, please refer section below titled as ‘Provisions of GDPR bestow certain rights to you as an EU data subject’.
  4. Your lifestyle choices, food preferences, medical conditions (if any), health and wellness goals or other fitness regimens followed;
  5. Credit card/debit card/other payment mode information to facilitate payments for our Services;
  6. Username or other relevant unique identifier (such as a phone number or an email address);
  7. Your behavior on the Website, (what pages you land on, how much time you spend, what links you click on etc.);
  8. Your IP Address – An IP address is a unique address (virtual address as opposed to physical location) that identifies a device on the internet or a local network. IP stands for “Internet Protocol,” which is the set of rules governing the format of data sent via the internet or local network;
  9. Your behavior in the relevant sections and your use of the features therein;
  10. Cookies and web beacon data – Cookies are text files with small pieces of data that are used to identify your computer as you use a computer network. Specific cookies known as HTTP cookies are used to identify specific users and improve your web browsing experience. Data stored in a cookie is created by the server upon your connection. This data is labeled with an ID unique to you and your computer. When the cookie is exchanged between your computer and the network server, the server reads the ID and knows what information to specifically serve to you. Whereas, a web beacon is any of several techniques used to track who is visiting a web page. They can also be used to see if an email was read or forwarded or if a web page was copied to another website. These however, do not contain any executable software, malicious code or viruses that can harm your device or personal computer;
  11. What device you use to access the Website and its details (model, operating system, software etc.); and
  12. Your location unless you appropriately deactivate location services

Casual User or Visitor

  1. Your location –  location or place are used to denote a region or a physical place (as opposed to virtual) where you are accessing the Website from;
  2. Your IP Address – An IP address is a unique address (virtual address as opposed to physical location) that identifies a device on the internet or a local network. IP stands for “Internet Protocol,” which is the set of rules governing the format of data sent via the internet or local network;
  3. Cookies and web beacon data – Cookies are text files with small pieces of data that are used to identify your computer as you use a computer network. Specific cookies known as HTTP cookies are used to identify specific users and improve your web browsing experience. Data stored in a cookie is created by the server upon your connection. This data is labeled with an ID unique to you and your computer. When the cookie is exchanged between your computer and the network server, the server reads the ID and knows what information to specifically serve to you. Whereas, a web beacon is any of several techniques used to track who is visiting a web page. They can also be used to see if an email was read or forwarded or if a web page was copied to another website. These however, do not contain any executable software, malicious code or viruses that can harm your device or personal computer;
  4. What device you use to access the Website and its details (model, operating system, software installed, browser used, etc.);
  5. How you behave on the Website, (what pages you land on, how much time you spend, links you click etc.) – website browsing behavior patterns.
 

Type of User

How and why we use this collected data

Registered User

  1. We collect this data in order to help you register for and better use our Programs.
  2. This data helps us track fitness regimens you follow, your diet and overall nutrition intake and your special food habits and related idiosyncrasies.
  3. We use this data to show age appropriate content and to run promotional campaigns or advertisement campaigns.
  4. We use this data to identify the login information of multiple users from the device or computer you use, to access our Website.
  5. We use this data to prepare a specific diet plan and wellness coaching regimen – this helps us customize the Program you enroll into, to better suit your individual needs.
  6. The data you share is used to facilitate payments using the services of 3rd party service providers that act as payment gateways. HealthySpan Wellness is in the process of developing its own payment gateway, when that happens, this data you share may also be used to process payments by us directly. When we take help of a 3rd party payment gateway, you can note that they are not authorized to store, retain, or use information you provide except for the sole purpose of payment processing on our behalf.
  7. We use this data for to catering to your requests, responding to your enquiries, handling your complaints, and other miscellaneous activities which are related.
  8. We use this data to communicate with you about new or upgraded promotional campaigns run by HealthySpan; also, we use this data when we conduct surveys and share changes to privacy policy, terms & conditions that affect you and other related information.
  9. We also use this data to communicate with you when we feel the need to share important upgrades to our Services and upgrades to technology etc.
  10. This data is also used by us for performing data analytics to derive conclusions to improve our Services. We also use this data for testing, providing, recommending or improving our Services.
  11. We also use this data to extend our support to law enforcement agencies when required by law. Sometimes, this data may be used in connection with an investigation that affects public safety or to support anti-fraud investigations or to investigate credit risk to investigate violation of our Acceptable Terms and Conditions or to respond to a legal process, such as a search warrant, court order, or subpoena.
  12. Sometimes, this data may be used in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm.
  13. Sometimes, this data may be used in connection with legal proceedings brought against HealthySpan Wellness, its officers, consultants, employees, affiliates, subsidiaries, customers, sub-contractors or vendors;
  14. Sometimes, this data may be used to establish, exercise, protect, defend and enforce our legal rights; or when we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities.
  15. If you share your emails address and other details with us and consent to it while sharing these details through a form, we may use the information shared to send you newsletters. This information may also be used for re-targeting campaigns run by HealthySpan or by other 3rd party firms we may take help of like Taboola, Facebook and Google – with multitude of objectives such as marketing other services we may provide or re-marketing our Services for brand recall, brand visibility and lead generation/lead conversion.

Casual User or Visitor

  1. We use this information to develop better understanding of your behavior during your interactions with the Website thereby improve the quality of your experience while doing so.
  2. If you share your emails address and other details with us and consent to it while sharing these details through a form, we may use the information shared to send you newsletters. This information may also be used for re-targeting campaigns run by HealthySpan or by other 3rd party firms we may take help of like Taboola, Facebook and Google – with multitude of objectives such as re-marketing our Services for brand recall, brand visibility and lead generation/lead conversion.
  3. This data is also used by us for performing data analytics to derive conclusions to improve our Services. We also use this data for testing, providing, recommending or improving our Services.
  4. We also use this data to extend our support to law enforcement agencies when required by law. Sometimes, this data may be used in connection with an investigation that affects public safety or to support anti-fraud investigations or to investigate credit risk to investigate violation of our Acceptable Terms and Conditions or to respond to a legal process, such as a search warrant, court order, or subpoena.
  5. Sometimes, this data may be used in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm.
  6. Sometimes, this data may be used in connection with legal proceedings brought against HealthySpan Wellness, its officers, consultants, employees, affiliates, subsidiaries, customers, sub-contractors or vendors;
  7. Sometimes, this data may be used to establish, exercise, protect, defend and enforce our legal rights; or when we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities.

Most popular browsers have default setting that allows acceptance of cookies until browser settings are changed to disallow it. In case, you choose to edit the settings and our cookies are no longer accepted, our Website may stop properly functioning for you.

JUST TO ENSURE IT IS CLEAR BEYOND ANY DOUBT, WE WOULD LIKE TO STATE THAT WHEN WE PERFORM ANONYMIZATION, WHICH IS ‘THE ACT OF PERMANENTLY AND COMPLETELY REMOVING PERSONAL IDENTIFIERS FROM DATA COLLECTED FROM YOU’, SUCH AS CONVERTING PERSONALLY IDENTIFIABLE INFORMATION (PII) INTO AGGREGATED DATA. IN SUCH A SCENARIO, WE WILL BE ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW. WE WOULD LIKE TO ADD THAT ONCE THIS DATA IS STRIPPED OF PERSONALLY IDENTIFYING ELEMENTS, THOSE ELEMENTS CAN NEVER BE RE-ASSOCIATED WITH YOUR PERSONAL DATA AS THE UNDERLYING INDIVIDUAL.

2. Provisions of GDPR bestows certain rights to you as an EU data subject

European Union’s (EU for short) General Data Protection Regulation (GDPR) gives certain rights to you as an EU data subject, in relation to your personal data. Data subject refers to any individual person who can be identified, directly or indirectly, via an identifier such as a name, an ID number, location data, or via factors specific to the person’s physical, physiological, genetic, mental, economic, cultural or social identity.

Though the rights of data subjects under GDPR are not absolute, however, there are rights conferred on you that can be summarized using 8 bullet points. So, here is the list of rights afforded to you subject to the GDPR and applicable law’s limitations,



Right to Access Personal Data

Under GDPR, as EU data subject, you have the right to access the data pertaining to you, collected by us as a data controller. As the data controller, we shall respond to that request within a period of 30 days from the date of such a request from you.



Right to Erasure

As EU data subject, you have a right to request us to delete your personal data that we might have collected. We will oblige to such a request as soon as practically possible after receiving such a request.


Right to Rectification

As an EU data subject, you have the right to request modification of your data, including the correction or errors and the updating of incomplete information.


Right to Restrict Data Processing

As EU data subject, under certain circumstances, you have the right to request that all processing of your personal data be stopped and we will oblige.


Right to Data Portability

As EU data subject, you have a right to request us to provide you with a copy of your personal data in electronic format and you can transmit that personal data to a 3rd party.


Right to be Notified

As EU data subject, you must be informed by us about the uses of your personal data in a clear manner and be told the actions that can be taken if they feel their rights are being impeded. And we are obliged to keep you informed of any rectification or erasure of your personal data.


Right to Reject Automated Individual Decision-Making

As EU data subject, you have the right to refuse the automated processing of your personal data to make decisions about you if that significantly affects you in any manner, for example, when your data is used for profiling and you object to it, we shall oblige and refrain from using your data in such manner.

Right to Object

As EU data subject, you have the right to request us to stop data processing by us as a data controller if you do not agree with the manner in which we are doing so. For example, if you do not want us to use your data for directly reaching out to you with an intention of selling another product or service, we shall oblige.


In case you want to exercise the rights set out above you can contact our Grievance SPOC whose details are shared in Section 16 that follows.

The data provided by you as a Visitor, or when you sign up as a Registered User for our Services will be processed by us for the purpose of rendering Services to you or in order to take steps prior to rendering such Services, at your request. Where such data is not being used by us to render Services to you, we shall explicitly seek your consent for using the same. You can choose to withdraw this consent at any time by writing to us at support@healthyspan.in. Additionally, we may process your data to serve legitimate interests.

Accordingly, the grounds on which we can engage in processing are as follows:


NATURE OF DATA SHARED BY YOU AS A VISITOR OR AS A REGISTERED USER


Payment Data


GROUNDS ON WHICH WE CAN ENGAGE


  • Legitimate Interest; and
  • Performance of a Contract; and
  • Compliance with applicable laws.

Account Registration Data


  • Performance of a Contract; and
  • Legitimate Interest.

Special Categories of Personal Data


  • Consent; and
  • Performance of a Contract.

Visitor Data


  • Consent;
  • Performance of a Contract; and
  • Legitimate Interest.

Service Usage Data


  • Performance of a Contract; and
  • Legitimate Interest.

Personal Stories


  • Consent

Data for Marketing our Services

  • Consent; and
  • Legitimate Interest.

If you believe your personal data was used by us in violation of the rights depicted above or we have not responded to objections you raised, you may lodge a complaint with your local supervisory authority.


3. PUBLISHED CONTENT

Published content includes creating, editing, processing content and uploading in to the Website, updating the Website, and posting blogs on the Website. The published content may include text, images, videos, and other types of media. Any success stories, comments, messages, blogs, notes, reviews etc. uploaded or posted or conveyed or communicated by you on the public sections of the Website becomes published content – for example, the “Leave a Comment” sections below testimonials or articles or weblog posts. We may publish such published content on our Website, of course, subject to your consent. In case we ever a request from you that such published content be taken down at any time and we shall remove such published content as soon as practically possible on our part. However, we are not responsible for any actions taken by 3rd party individuals or firms with respect to such published content.

4. YOUR PERSONAL INFORMATION – POLICY TOWARD RETAINING IT

We will store any personal data we collect from you as long as it is required by us with an objective of facilitating better service delivery experience for you and for other related legitimate purposes and purposes essential for our business including but not limited to – our efforts to improve our Services, tackling technical issues that affect you and our business, and dealing with disputes in the event that they arise in due course of time.

The mode of storage of your personal data will primarily be in electronic form. We may enter into agreement with third parties, e.g., hosting providers, server collocation services, data security providers to collect, store, process your personal data but under full compliance with applicable laws. In the event, you have any telephonic, video-over-data, voice-over-data interactions with our customer representatives or consultants with commercial roles, the call data is recorded and stored securely for training and quality purposes.

Sometimes there may be a need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our obligations under the applicable laws, disputes resolution and enforcing our agreements & our contracts, as the case may be.

If you are a Registered User, you may need to know that after you terminate your usage of our Services, we may, unless legally prohibited, delete all data provided or collected by you from our data storage facilities such as our own servers, servers from 3rd parties and other in-house hard-drives in computers and workstations etc.

5. YOUR INFORMATION WE GET FROM OTHER SOURCES

We may receive data about you from other sources i.e., surveys and such data may be added to our Website from time to time. Such data may include your behavior toward content posted on our Website from other sources. We use the data collected from other sources to prepare a specific diet plan and training regimen for you. We also use this data for testing, providing, enhancing, or recommending our existing and new Services.

6. ONLINE PRIVACY PROTECTION ACT COMPLIANCE – RELATED TO CHILDREN

Neither do we knowingly collect nor store nor use any personal data of any individuals under the age of 13; nor do we deliberately target our Services or promotional campaigns towards individuals under the age of 13. Such individuals must seek the consent of their parents or legal guardians when they intend to provide personal information on our Website. In the absence of such exclusive consent from their parents or legal guardians, if it comes to our knowledge, we shall delete such content as soon as it is practically possible for us.

7. OUR PROMOTIONAL CAMPAIGN PARTNERS – TRACKING BY THEM

When we have your specific consent, we may share the data we collect from cookies or web beacons with our partners – 3rd party individuals or firms – to track your visits to our Website, establish your non-personal identity and present you with targeted advertisements and other promotional campaigns such as occasional offers and discounts on our Services – new or existing.


8. INFORMATION TRANSFER TO SUB-CONTRACTORS

In the ordinary course of business, we may take help from 3rd party firms or individuals to assist us in our Services delivery, e.g., for data analytics assistance, sales and marketing work, record keeping work, payments processing, and providing voice-over-data, video-over-data or telephonic, chat-based or email-based customer service, in compliance with the provisions of this Policy. And this may necessitate that we share your personal data with such 3rd parties.

In the event where some of the said 3rd party individuals or firms are not situated in countries deemed ‘adequate’ by the European Commission or are not registered under the EU-US Privacy Shield framework, we shall enter into appropriate data protection addendums with the said parties with the sole objective of thoroughly protecting your data. We shall also put in place acceptable technical and organizational measures such as, including industry-standard data handling policies, to ensure that we are compliant with provisions of the applicable laws in this respect.

9. LINKS TO THIRD PARTY WEBSITES OR APPLICATIONS ON OUR WEBSITE

Our Website may contain links to third-party websites or applications for running promotional campaigns, for advertisements or for providing you with content appropriate for you. We will not be responsible for such third-party websites or applications if you access them by your own choice. If you provide any data to such website or application, please ensure you read their policies given that you will no longer be bound by this Policy in doing so.

Whenever you visit a 3rd party link through our Website, we may access data which includes the date and time of your visit to the 3rd party website, the URL, technical information about the IP address, browser and the operating system you use and your user name if you are logged into our Website.

10. SOCIAL MEDIA ADVERTISEMENTS

Advertisements by 3rd party websites such as Google when placed on our Website are based on their respective Advertising Principles. These advertisements are placed in order to provide a positive experience for you. HealthySpan Wellness may use Google AdSense Advertising on our Website.

Since Google is a third party vendor, it uses cookies to place advertisements on our Website. DART cookie used by Google enables it to place ads on our Website based on your visit to our Website and other searches on the internet. You may opt of DART cookies by visiting the Google ad and the content network privacy policy.

HealthySpan Wellness may implement Demographics and Interests reporting and Re-marketing with Google AdSense. We use first-party cookies (Google Analytics Cookies) and third-party cookies (Double-click Cookies) along with other third-party cookies to collect data regarding ad impressions, user experience and other ad-related services pertaining to our Website.

11. OPTING OUT OF GOOGLE ADVERTISEMENTS

Using the Google Ad Setting page, you can change your Google Ad preferences. Alternatively, you can download the Google Analytics Opt-Out browser to stop your data from being used by Google Analytics or can opt-out by visiting the Network Advertising Initiative ‘opt-out’ page.

12. SECURITY OF YOUR PERSONAL INFORMATION

We implement industry-standard technical and organizational measures by using a variety of security technologies and procedures to help protect your data from unauthorized access, use, loss, destruction or disclosure. When we collect particularly sensitive data, it is encrypted using industry-standard cryptographic techniques. The collection, storage, usage, and sharing of your data by the Company shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.

Your password is your first line of defense once you set up a HealthySpan account; we recommend that you set a strong password which you never share with anyone.

We have taken appropriate steps for the security and protection of all our digital platforms including internal applications, however, we shall not be responsible for any breach of security or the disclosure of personal data for reasons outside our control, such as hacking, social engineering, cyber terrorism, espionage by third parties, or any events by way of force majeure such as sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, pandemic situations, enforced lock-downs or acts of government.


13. ACCESS, CORRECTION & DELETION – IF YOU AREN’T AN EU DATA SUBJECT

If you are not an EU data subject, you may request access, correction or update, and deletion of the data by contacting support@healthyspan.in. You may note that deletion of certain data or withdrawal of consent may lead to cancellation of your registration with us or your access to our Services. Please  be advised that sometimes there may be a need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our obligations under the applicable laws, disputes resolution and enforcing our agreements & our contracts, as the case may be.

Based on technical feasibility, we will provide you with access to all your personal and sensitive personal data that we maintain about you. We will perform verification before providing you access to this data.

You may opt out of our marketing emails by clicking on the ‘opt-out’ link provided in the emails. However, we may still send you non-marketing emails about your accounts or any other transactions with you.

14. WEBLOG CONTENT ON OUR WEBSITE AND YOUR PUBLICLY SHARED COMMENTS THEREON

HealthySpan Wellness’s main purpose for publishing weblog content is to create awareness on health and wellness related topics among the general population. It is also our mission to enlighten people about various lifestyle related health issues and help them understand the importance of eating nutritious food and living healthily. In such weblog content, there is an option provided to you to leave a rating and a related comment. Now, there is an option provided for other users or to you to share such weblog content on 3rd party social media platforms utilizing accounts on those social media websites. In such a scenario, your comments, your rating and your name, in case you mentioned your name in the comment, may get circulated on such 3rd party social media websites including but not limited to Facebook, YouTube, Instagram, VK, Twitter etc. and HealthySpan Wellness shall have no control over how such 3rd party social media websites treat your data that you might have publicly shared on our Website. You may please be advised when you choose to leave a comment on our weblog content or elsewhere on our Website and it gets shared or forwarded, you automatically choose to be bound by the privacy policy of those 3rd party social media websites.

15. CHANGES TO THIS PRIVACY POLICY

HealthySpan Wellness has the right to amend this Privacy Policy from time to time as it sees fit. The revision history will always be recorded on top of this page. If HealthySpan Wellness makes any changes to this policy, you will be bound by it and will also be swiftly notified either via SMS or email communication if and as soon as it is practically possible for us. You are advised to please visit this Privacy Policy page from time to time to stay updated with the content of this Policy.


16. GRIEVANCE SINGLE POINT OF CONTACT (SPOC)

Name

B. Veeraradhya


ADDRESS:


#327/102/127, Doddathogur, Electronic City, Bengaluru, The State of Karnataka, PIN Code 560100 INDIA


EMAIL:



grievance@healthyspan.in


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    Disclaimer: Content of this website is for information purposes only. Some of the images/videos could be solely for representation purposes. Please note the date of last review or update on all articles and other content. No content on this site or on any of HealthySpan’s social media handles, regardless of date, including but not limited to, live fitness sessions etc., should ever be used as a substitute for direct medical advice from your doctor, other qualified clinician or a certified fitness trainer. HealthySpan Wellness does not claim to treat any disease nor does it claim that any organic nutrition or any other aspects narrated can do so. Appropriate lifestyle habit modifications are not a substitute for medical treatment. However, HealthySpan Wellness believes lifestyle disorders viz. obesity or other obesity-related disorders can be effectively managed by positive changes to lifestyle habits, viz., diet, nutrition, exercise, sleep, developing a positive mental attitude. No one can guarantee different individuals will have same results. Individual experiences with the wellness programs may vary. Please read ‘Terms and conditions of use’ and ‘Privacy policy’ for further information.

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