e) Please note that use of the Website for the purpose of getting counselling is available only to persons over the age of 18 years. If you are a minor i.e. under the age of 18 years, you shall not avail of counselling services on the Website without providing us with a duly filled consent form from your legal guardian or parent. In the event that we are informed that we have collected Personal Information from a minor without the said consent form, we shall verify such information internally and delete it. If you believe that we might have any Personal Information from or about a minor (without due consent), please contact us at firstname.lastname@example.org.
2. GENERAL DEFINITIONS
a) “Intellectual Property Rights” shall mean all patent rights, copyrights, design rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all registered domain names protected under applicable law.
b) “Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
c) “Sensitive Personal Information” means Personal Information which consists of information relating to (i) password; (ii) financial information and payment instrument details; (iii) physical, physiological and mental health conditions; (iv) sexual orientation; (v) medical records and history; and (vi) biometric information.
d) “Terms and Conditions” shall mean the Company’s terms and conditions of service available at https://psychline.in/terms-and-conditions.
e) “User Data” shall mean all data and information provided by the User to the Company for availing the Services.
3. COLLECTION OF INFORMATION:
a) You may provide Personal Information to the Company when you: (i) access the Website, (ii) request, purchase and use the Services, (iii) communicate with us *via * phone calls, chat, email, web forms, social media and other methods of communication, and (iv) subscribe to our marketing material. The Company may receive certain information that is stored or processed by third parties, about you via cookies and other similar technologies. The Company may collect your Personal Information through your interactions with our Counsellors, program coordinators (Unmute Initiative) and during workshops organised by the Company. Each time you visit the Website, the Company may automatically collect information about you through automated means. We may collect your Personal Information when you interact with us through social media platforms.
b) In addition, the Company may collect the following information from you:
i. USER ACCOUNT: When you avail services on the website; or register on the Website by creating an account (“User Account ”), we will collect Personal Information such as your username, password, e-mail address and phone number. We may also collect information such as age, gender, educational qualifications, past medical records/ past history, occupation and any similar information required in our intake forms etc that You may be asked to submit at the time of registration.
ii. COOKIES: When you use the Website, our servers may automatically record certain information that your device sends whenever you visit any website and use certain apps using cookies. Cookies are mostly used in order to make a website work, or to work more efficiently, as well as to provide information to the owners of the website, which may include information such as User’s IP address, device location, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed etc. The Company may use third party cookies, such as buttons to track visitor behaviour. If you disable cookies on your browser, the Company will not be able to collect such information and that may affect the quality of its Services.
iii. The Company may also collect information about your activity on the Website, such as information about your account usage, your interactions with the Website etc. The Company may combine this automatically-gathered information with other information, including Personal Information that it has collected about you to enhance the quality of Services.
v. Information posted to a group chat or any of our online chatrooms and discussion forums.
4. UPDATING PERSONAL INFORMATION
a) If your Personal Information changes, or if you need to update or correct your Personal Information or have any grievance with respect to the processing or use of your Personal Information, for any reason, you may send updates and corrections to us at email@example.com and we will take all reasonable efforts to incorporate the changes within a reasonable period of time.
b) If your Personal Information is stored as part of your profile on the platform, you can update your Personal Information from the Company’s website.
c) Some information such as your answers to online assessments cannot be updated or deleted once submitted. If you would like us to remove your records from our system, please contact us at firstname.lastname@example.org and we will attempt to accommodate your request, only if we do not have any legal obligation to retain such information.
d) Please note that the Company is required to retain certain information in keeping with professional standards or by law for record maintaining purposes (including but not limited to payment history, feedback, client information, etc.), so we will continue to store this information for a pre-specified period of time as per applicable laws, even if you delete your account. There may also be residual information that will remain within our databases and other records, which, irrespective of any efforts by us to delete information, will not be removed from them.
5. USAGE OF INFORMATION COLLECTED
a) The Company may use information collected above for the following purposes:
i. To identify and contact you.
ii. To assist you in scheduling appointments, set up reminder for you of upcoming or follow-up appointments, as well as cancelled appointments.
iii. To resolve service and billing problems via telephone or email.
iv. To better understand your needs and interests.
v. To provide you with further information, products and services and newsletters.
vi. To run statistical research (such research will only use your information in an anonymous way and cannot be linked back to you). Please note that the Company may anonymize your Personal Information (including Sensitive Personal Information) so that you cannot be individually identified, and provide that information to our partners. We may combine this information with content received from our other users, for research and development purposes in order to enhance the quality of our Services.
vii. To detect and protect the Company against error, fraud, and other criminal activity.
viii. To make disclosures as may be required under applicable laws such as the Mental Healthcare Act, 2017 etc .
ix. To improve its website, mobile applications in order to better serve you.
x. To respond to your customer service requests.
xi.To run a contest, promotion, survey etc.
6. SHARING OF PERSONAL INFORMATION etc
a) The Company may share Personal Information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that the Company is part of, or that become part of that group (“Affiliates”) . Our Affiliates may only use this information to help provide, understand, and improve the Services (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences).
b) The Company does not sell or trade your Personal Information to third parties unless we provide you with advance notice. This however does not apply to any storage or transfer to and from server/website hosting partners and other parties who assist us in operating our platform, conducting our business, or servicing you. However, visitor information that is not personally identifiable may be provided to other parties for marketing, advertising, or other uses.
c) Please note that only Personal Information or content that you voluntarily disclose and consent to posting to the Website, or post to any social media account owned and operated by the Company, will become available to the public. No other information provided by you is shared with the public. Once you have shared such information or made it public, the same may be re-shared by others, re-posted by the Company, or used by the Company for the purposes of promotion, analysis, research or studies.
7. CONFIDENTIAL INFORMATION PROTECTION etc
a) Any information shared by you during personal consultation (“Confidential Information”) shall be excluded from the definition of Personal Information and shall not be collected/used in the same manner as Personal Information as mentioned above. Your Confidential Information shall not be disclosed or shared by the Company, its employees, its agents or any third party contractors, including Counsellors with any third party, either orally or in writing, except in the following circumstances:
b) If the Company believes that there is a significant/ real/ imminent threat or risk to your health, safety or life or to the health, safety or life of any other person or the public;
c) If the Company is required to share such Confidential Information to any authority by law; and
d) If you have claimed a health care insurance and such Confidential Information is required by the insurer.
8. SENSITIVE PERSONAL INFORMATION
a) The Company shall not ordinarily share the Sensitive Personal Information of a User to a third party without their prior consent. You agree that the Company may disclose your Sensitive Personal Information without obtaining your prior consent in the following limited circumstances:
a) The Company employs administrative, physical, and technical measures designed to safeguard and protect information under its control from unauthorised access, use, and disclosure. When we collect, maintain, access, use, or disclose your Personal Information, we will do so using systems and processes consistent with industry standards in information privacy and security. None of the call or video sessions are recorded. In keeping with professional standards, Counsellors might be required to maintain progress notes of both online and offline sessions.
b) You are solely responsible for maintaining confidentiality of your password and user identification to access your User Account. You shall be solely responsible for all activities and transmission performed by you through your user credentials. The Company assumes no responsibility or liability for your improper use of your credentials or information contained in your User Account.
10. THIRD-PARTY SITES
11. DISPUTE RESOLUTION
b) All Disputes, which are not settled pursuant to the issue resolution procedures set forth in the above clause, will be referred and settled by final and binding arbitration by a sole arbitrator mutually appointed by the parties in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, and the venue as well as the seat of arbitration shall be at New Delhi.
12. GOVERNING LAW AND JURISDICTION
Any notice required or permitted to be given to the Company shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the following address:
Name: PsychLine India Private Limited
Postal Address: W-14, Greater Kailash 2, New Delhi, South Delhi, Delhi, India, 110048
Email Address: email@example.com