Privacy Policy

This Privacy Policy("Privacy Policy") describes what information Instinct Innovations Private Limited ("Company"), as the operator & owner of the Platform, may collect from a user ("You","Your" or "User"), on or through our mobile application (the "App"), directly (the owner and the operator of the Platform are referred collectively as "We"/"Us"/"Our") or in relation to services otherwise rendered by us (collectively "Platform"), try to protect such information. You agree and understand that the Company is responsible for operation and maintenance of the Platform and all information collected and processed on the Platform is collected and processed by Us strictly in relation to Our business. By using Our App, or the Services, You confirm that You have read, understood, and agree with the privacy practices described in this Privacy Policy, and the Terms of Use (the "Terms") and the collection, storage and processing of Your information in accordance with them. This Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this Policy have the meaning given to them in the Terms.

This Privacy Policy is published in compliance with, inter alia:

• Section 43A of the Information Technology Act, 2000 ("IT Act")
• Rule 4 of the Information Technology (Reasonable Security Practicesand Procedures and Sensitive Personal Information) Rules, 2011 ("SPDI Rules")
• Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 ("Intermediaries Guidelines").

General Terms:

• By accessing or using the Platform or the Service, or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understoodand 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, sharing, and 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, and any continued Use of the App, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep Yourself updated with any changes, modifications made to the terms hereof.
• If You are accessing or using Services on the App from an overseas location, You do so at your own risk, and shall be solely liable for compliance with any applicable local laws.
• If You do not agree with any of the terms and conditions of this Privacy Policy, please do not proceed further to use this App or any Services. This Privacy Policy is subject to change at any time withoutnotice. To make sure You are aware of any changes, please review this policy on this App periodically

1. What information About You is collected on the Platform?

When You access the App or use the Service(s), You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that we may collect:

• Information You Give Us: By Using the Services, You consent to the recording, storage, and disclosure of such communications You send or receive for these purposes. We may also store and process data shared and may retain such material for our records for the duration of You availing the Services or for any such period required or permitted under applicable law.
• Information from Other Sources: We might receive information about You, such as order details, from other sources including from our advertiser third parties registered on the platform and add it to our account information.
• Cookies and Other Tracking Technologies: We utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be Used, for example, to collect information about activity on the App. Some cookies and other technologies may serve to recall information previoUsly indicated or submitted by a User. Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that our App is accessed. Our Use of cookies and other tracking technologies allows Us to improve our App and Your experience. At all times, You may refUse all cookies on Your browser or the App by changing Your settings to the extent permissible on Your device. However, by doing so, You may not be able to Use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile "help" file or the browser.
• Automatic Information: We receive and store certain types of information whenever You interact with Us. We may Use this information for internal analysis and to provide You with search results, and other personalized content.

The IT Act and the SPDI Rules regulate the collection, usage, retention anddisclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.You agree that You are providing all information, including SPDI to us voluntarily. Collection, use and disclosure of personal information and SPDI requires Your express consent.You are providing us with your consent to Our use, collection and disclosure of the personal information and SPDI. You may choose to not provide Us with personal information and SPDI, but in the event that You do so, we will be unable to provide you access to Our App or purchase products or provide Services through Our Platform.

2. How do we use the information we collect

• We use information We collect, in a variety of ways in order to provide the Services on the App and to operate Our business, including the following:
  • To carry out Our obligations arising from Your requests for the products and Services on the Platform;
  • To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;
  • To enable Your access to our App to compare products and provide You Services;
  • Analyzing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;
  • Research;
  • We Use the information that You provide for such purposes such as responding to Your requests, improving our platform or communicating with You;
  • To comply with applicable law;
  • To conduct audits and quality assessment procedures;
  • To analyze the Use of our resources, troubleshooting problems and improving our Products and Services, by Using the information regarding Your mobile device and software;
• We may use "cookies" information and "automatically collected" information we collect on the Service to (i) personalize Our services, such as remembering Your information so that You will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-partymarketing activities; (iv) monitor aggregate app usage metrics such as total number of visitors and pages viewed.
• We may access or store Your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of Bachat App or others.

3. Do we share the Information we receive?

• Information about You and the other Users of the Platform forms an integral part of our business. We only share the personal information as described below after ensuring that such a third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By Using the App, You accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by third parties. We, have arrangements with third parties (including as mentioned below) such as affiliates or group companies, Services providers, retailers, Retail Pharmacies, payment gateways, logistics partners who are the intended recipients and may have access to the personal information and SPDI but shall not disclose such information including SPDI further to any other individual / entity. Some of the third parties include:
  • Retail partners: Some of Your personal information or SPDI will be shared with affiliated retailers, the Retail Pharmacies who supply and Services Your order and with the Medical Practitioners. These retailers operate on the Platform or sell medicines and Wellness products to You on the App. You can identify when a third party is involved in Your transactions and We share customer information related to those transactions with that third party;
  • Third Party Service Providers: Some of our personal information or SPDI may be shared with third party Service providers, retailers and logistics providers for the fulfillment of Services and delivery of Your order(s). They have access to personal information needed to perform their functions but may not Use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law. It is clarified that We will not be responsible and liable for the acts of omissions and commissions of such third-parties associated with Us. However, We may facilitate resolving any issue You may face with such third-parties;
  • Legal obligations of the company: We may release account and other personal information when We believe in good faith that such release is appropriate to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or in interest of national security; or (iv) protect personal safety of our Users or the public. We may also disclose Your personal information to enforce or apply our Terms and other agreements; or protect the rights, property or our safety, safety of our Users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction;
  • Sharing upon merger or amalgamation or intra-group transfer: Any third party to which We transfer or sell our assets, merge or consolidate with, will have the right to continue to Use the information (including SPDI) provided to Us by You, in accordance with the Terms and this Privacy Policy;
  • Improving our business: You acknowledge that We have a right to Use a recorded copy of Your telephonic conversation and e-prescription with Your Medical Practitioner, for improving our Services and aiding You in procuring targeted consultation for any underlying medical condition;
• Transfer to third parties and outside India
  Subject to applicable law, We may at Our sole discretion, transfer personal information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us underthe terms hereof, located in India or any other country.By using the App, You accept the terms hereof and hereby consent to Us, sharing and/or processing Your personal information and SPDIwith third parties and in any of location outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred accords same level of data protection as would be afforded under Indian law.

4. How Secure Is Information About Me?

• We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures may warrant that We may occasionally request proof of identity before We disclose personal information to You.
• We work to protect the security of Your information during transmission by Using Secure Sockets Layer (SSL) software, which encrypts information You input in addition to maintaining security of Your information as per the international standards on "Information Technology Security Techniques Information Security Management System-Requirements".
• We restrict access to personal information, to our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.
• No employee or administrator will have knowledge of Your password on Your account on the App. It is important for You to protect Your account against unauthorized access to Your password and Your mobile phone, as detailed in the User Account, Password and Security section of the Terms. You must be sure to log off from the App when You have finished Using it. We do not undertake any liability for any unauthorized Use of Your account and password.
• If You suspect any unauthorized Use of Your account, You must immediately notify Us by sending an email to the contact details indicated in the Notice section. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized Use of Your account or password.
• Under certain circumstances, We shall not be able to take Your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.
• Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet Services or telephone Services of the User, etc.

5. What Information Can I Access?

The Platform gives You access to a broad range of information about Your account and Your interactions with the Platform for the limited purpose of viewing information provided on the App.

6. Are Children Allowed to Use the Platform?

Use of the App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are under 18 years of age, then please do not Use or access the Services(s) at any time or in any manner. If We learn that a person under 18 years of age has Used or accessed the Platform or Services or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then We will take the appropriate steps to delete this information.

7. Third-party links

You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on our App, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products Services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties. Such third party Websites, and external applications or resources, accessible via the Third Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party Website or application’s privacy policy.

8. Retention of Information

• We also have measures in place such that Your SPDI which is in our possession or under our control, is destroyed and/or anonymized as soon as it is reasonable to assume that: (i) the purposes for which Your SPDI has been collected have been fulfilled; and (iii) retention is no longer necessary for any other reason, or under applicable law.
• Please note that uninstalling the App will not result in deletion of Your personal information or SPDI.

9. Changes to your Information

You may review, correct, update, change the information that You have provided by logging into Your account. However, You are not permitted to delete any part of the personal information or any other information generated on the Platform or request Us to delete the same. You may update Your information at any point by writing to Us at the details indicated below in the contact section. We reserve the right to verify and authenticate Your identity and Your personal information in order to ensure accurate Services. Access to or correction, updating or deletion of Your personal information or SPDI may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

10. Notices

If You have any concern about privacy or grievances on the App, please contact us with a thorough description and We will try to resolve the issue for You.If you have any concerns or questions in relation to this Privacy Policy, You may address them to our grievance officer at:
Name: Himanshu Shah
Address: 702, Indraprastha Tower Centre, behind swagat hall, Borivali East, Mumbai City, Maharashtra, 400066.
E-mail: support@iipl.io
We shall endeavour to resolve Your grievances within one month from thedate of receipt of such grievance.

11. Miscellaneous

• Disclaimer: As a User of the App, You understand and agree that You assume all responsibility and risk for Your Use of the App, the internet generally, and the information You post or access and for Your conduct on and off the App.
• Indemnity: You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by You to third parties either through our App or otherwise and Your Use and access of Websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to Your personal information or SPDI which You may have disclosed to such third parties.
• Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.