Who we are

KindSpace Health Technologies Private Limited (“us”, “we”, or “KindSpace”, which also includes its affiliates) is the author and publisher of the internet resource www.kindspace.in (“Website”) on the world wide web as well as the software and applications provided by KindSpace, including but not limited to the mobile application ‘KindSpace’, (together with the Website, referred to as the “Services”).

This privacy policy (“Privacy Policy”) explains how we collect, use, share, disclose and protect Personal Information of the Users, including the Facilitators (as defined in the Website’s Terms of Use), the Users (as defined in the Website’s Terms of Use), and the visitors of Website (jointly and severally referred to as “you” or “Users” in this Privacy Policy). By the means of this Privacy Policy we commit to protect your privacy and personal information that has been shared with us on the KindSpace Platform. Any Service availed by “You” through the KindSpace Platform is subject to this Privacy Policy and our Terms of Use. Any 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 provide your consent for collection, use, 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 given time. If you do not agree with this Privacy Policy, you are at liberty to opt out of the services provided by us at any given time. If you use the Services on behalf of someone else (such as your child or a minor) or an entity (such as your employer), it would be assumed that you are authorised by such individual or entity to:

1. Accept this Privacy Policy on such individual’s or entity’s behalf, and;

2. Consent on behalf of such individual or entity to our collection, use, sharing, disclosure of such individual’s or entity’s information as described in this Privacy Policy.

1. Why this Privacy Policy?

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

1.1 The Information Technology Act, 2000;

1.2 The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);

1.3 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 KindSpace will disclose such information.

2. Collection of personal information

Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by KindSpace. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

2.1 Contact data (such as your email address and phone number);

2.2 Demographic data (such as your gender, your date of birth and your pin code);

2.3 Data regarding your usage of the services and history of the appointments made by or with you through the use of Services;

2.4 Insurance data (such as your insurance carrier and insurance plan);

2.5 Other information that you voluntarily choose to provide to us (such as information Shared by you with us through emails or letters.

2.6 The information collected from you by KindSpace may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules. “Personal Information” is defined under the SPI Rules to mean 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 an individual. The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:

2.6.1 Passwords;

2.6.2 financial information such as bank accounts, credit and debit card details or other payment instrument details;

2.6.3 physical, physiological and mental health condition;

2.6.4 sexual orientation;

2.6.5 medical records and history;

2.6.6. biometric information;

2.6.7 information received by body corporate under lawful contract or otherwise;

2.6.8 visitor details as provided at the time of registration or thereafter; and

2.6.9 call data records.

2.7 KindSpace will be free to use, collect and disclose information that is freely available in the public domain without your consent.

3. Clauses governing your privacy

3.1 General provisions governing privacy and are not user specific (This section applies to all the users).

3.1.1 Accordingly, a condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by KindSpace immediately.

3.1.2 All the information provided to KindSpace by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that KindSpace may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Facilitators and their practice, (e) debugging customer support related issues. KindSpace also reserves the right to use information provided by or about the User for the following purposes:

3.1.2.1 Publishing such information on the Website.

3.1.2.2 Contacting Users for offering new products or services

3.1.2.3 Contacting Users for taking product and Service feedback

3.1.2.4 Analysing software usage patterns for improving product design and utility

3.1.2.5 Analysing anonymised information for commercial use.

3.1.2.6 If you have voluntarily provided your Personal Information to KindSpace for any of the purposes stated above, you hereby consent to such collection and use of such information by KindSpace. However, KindSpace shall not contact You on Your telephone number(s) for any purpose including those mentioned in this subsection 3.1.3, if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA without your express, clear and unambiguous written consent.

3.1.3 Collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information’ under the SPI Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure as required under applicable law.

3.1.4 You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through support@kindspace.in. We will make good faith efforts to make requested changes in our then active databases as soon as ‘reasonably practicable.’ If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or KindSpace has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, KindSpace may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where KindSpace will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data which is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.

3.1.5 If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through support@kindspace.in. We will retain your Sensitive Personal Information on the Website for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymised and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymised data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in KindSpace being unable to provide you with its Services or to terminate any existing relationship KindSpace may have with you.

3.1.6 To Create an Account with Us: A User may have limited access to the Website without creating an account on the Website. In order to have access to all the features and benefits on our Website, a User must first create an account on our Website. To create an account, a User is required to provide the following information, which such User recognises and expressly acknowledges is Personal Information allowing others, including KindSpace, to identify the User: name, pseudonym, User ID, email address, country, pin/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from KindSpace, is optional. KindSpace may, in future, include other optional requests for information from the User to help KindSpace to customise the Website to deliver personalised information to the User.

3.1.7 Limited Liability: This Privacy Policy applies to Services that are owned and operated by KindSpace. KindSpace does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which KindSpace is not responsible or liable. Accordingly, KindSpace does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does KindSpace guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by KindSpace of the website, the website’s provider, or the information on the website. If you decide to visit a third party website linked to the Website, you do this entirely at your own risk. KindSpace encourages the User to read the privacy policies of that website. The Website may enable Users to communicate with other Users, whereupon other Users may collect such data. Such Users, including any moderators or administrators, who are not authorised KindSpace representatives or agents, and their opinions or statements do not necessarily reflect those of KindSpace, and they are not authorised to bind KindSpace to any contract. KindSpace hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.

3.1.8 Collection of Information: KindSpace does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, use, storage and disclosure of which each End User must agree to under the Terms of Use in order for KindSpace to effectively render the Services).

3.1.9 No-Spam: KindSpace maintains a strict “No-Spam” policy, which means that KindSpace does not intend to sell, rent or otherwise give your email address to a third party without your consent.

3.1.10 Latest Data Protection Practices: KindSpace has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorised access to the User’s electronic devices through which the User avails the Services, KindSpace shall not be held liable for any loss whatsoever incurred by the User.

3.1.11 Disclosure Clause: KindSpace takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when KindSpace, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.

3.2 Provisions governing Facilitators: This section applies to all Facilitators.

3.2.1 Collection of Information: As part of the registration as well as the application creation and submission process that is available to Facilitators on KindSpace, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Facilitators.

3.2.2. Applicability of provisions of Privacy Policy: All the statements in this Privacy Policy apply to all Facilitators, and all Facilitators are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to KindSpace, failing which they are required to depart from KindSpace’s Website.

3.3 Provisions governing Users: This section applies to end Users.

3.3.1 Collection of Information: As part of the registration/application creation and submission process that is available to Users on this Website, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Users.

3.3.2 Applicability of provisions of Privacy Policy: All the statements in this Privacy Policy apply to all Users, and all Users are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to KindSpace, failing which they are required to leave the KindSpace immediately.

3.3.3 Modification/Deletion of Information provided by You: If you have inadvertently submitted any such information to KindSpace prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the Website. In addition, you can, by sending an email to support@kindspace.in, inquire whether KindSpace is in possession of your personal data, and you may also require KindSpace to delete and destroy all such information.

3.3.4 Usage of Information provided by You: Users’ personally identifiable information, which they choose to provide on the Website is used to help the Users describe/identify themselves. Other information that does not personally identify the Users as an individual, is collected by KindSpace from Users (such as, patterns of utilization described above) and is exclusively owned by KindSpace. KindSpace may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, KindSpace reserves with it the right to use anonymised User demographics information and anonymised User health information for the following purposes:

3.3.4.1 Analysing software usage patterns for improving product design and utility.

3.3.4.2 Analysing such information for research and development of new technologies.

3.3.4.3 Using analysis of such information in other commercial product offerings of KindSpace.

3.3.5 Modes of Communication: KindSpace will communicate with the Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can change their email and contact preferences at any time.

3.3.6 Collection of Demographic Information: At times, KindSpace conducts a User survey to collect information about Users’ preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. The demographic information that KindSpace collects in the registration process and through surveys is used to help KindSpace improve its Services to meet the needs and preferences of Users.

3.3.7 Recording of Electronic Communication and Phone Calls: KindSpace may keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, customer support and research and development.

3.3.8 Ensuring Confidentiality and Data Protection: All KindSpace employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every Users’ Personal Information or Sensitive Personal Data and Information. KindSpace has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which KindSpace transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.

3.3.9 Transfer of User Information to Third Party (Exception): KindSpace may also disclose or transfer Users’ personal and other information provided by a User, to a third party as part of reorganisation or a sale of the assets of a KindSpace corporation division or company. Any third party to which KindSpace transfers or sells its assets to will have the right to continue to use the personal and other information that Users provide to us, in accordance with the Terms of Use.

3.3.10 Disclosure of Personal Information: To the extent necessary to provide Users with the Services, KindSpace may provide their Personal Information to third party contractors who work on behalf of or with KindSpace to provide Users with such Services, to help KindSpace communicate with Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.

3.4 Policies Governing Casual Visitors:

3.4.1 No sensitive personal data or information is automatically collected by KindSpace from any casual visitors of this website, who are merely perusing the Website.

3.4.2 Nevertheless, certain provisions of this Privacy Policy are applicable even to such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to depart from this Website immediately.

3.4.3 If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by KindSpace. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as KindSpace cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.

3.4.4 You are not a casual visitor if you have willingly submitted any personal data or information to KindSpace through any means, including email, post or through the registration process on the Website. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

4. Confidentiality & security

4.1 Your Personal Information is maintained by KindSpace in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. KindSpace takes all necessary precautions to protect your personal information both online and offline, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of KindSpace’s business.

4.2 No administrator at KindSpace will have knowledge of your password. It is important for You to not to share your password with anyone to protect yourself against unauthorised access either through your computer or your mobile phone. Be sure to log off from the Website when finished. KindSpace does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify KindSpace by sending an email to support@kindspace.in. You shall be liable to indemnify KindSpace due to any loss suffered by it due to such unauthorised use of your account and password.

4.3 KindSpace makes all User information accessible to its employees, agents or partners and third parties only on a necessity basis, and binds Facilitators and its employees to strict confidentiality obligations.

4.4 Notwithstanding the above, KindSpace is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, KindSpace shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of KindSpace including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

5. Changes to privacy policy

5.1 KindSpace may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way KindSpace treats User’s personally identifiable information, or in the Privacy Policy itself, KindSpace 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 support@kindspace.in to deactivate your account. Unless stated otherwise, KindSpace’s current Privacy Policy applies to all information that KindSpace has about you and your account.

5.2 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/their consent to the changed terms.

6. Policy pertaining to mobile application

6.1 KindSpace as a whole includes its Mobile Application as well. It is very important for KindSpace to maintain the same standards of Data Protection that it has for its Website. As per the Information & Technology Act, 2000 read with all the applicable rules therein, this privacy policy would be applicable to all the Mobile Application users as well, whether be it Facilitators/end users/casual visitors. Although there are several permissions/information including permissions such as auto fetching of One Time Password (OTP’s) received via SMS that are required for the Mobile Application to work as intended for all users, such information/permission would be governed by this privacy policy. Any other information that is collected/released/stored/disposed/modified from the users other than that which has already been stated in this Privacy Policy, a separate permission would be taken from the users in the form of Pop-ups/disclaimers/permissions for e.g. Audio/video permission, location permission, notification service, app background permission, etc. (These examples are not exhaustive in nature). There might be other permissions/information which KindSpace would require to provide a smooth experience to its Mobile Application Users, KindSpace reserves the right to ask any such information from the user as it deems fit to serve its objective as the service provider. KindSpace adheres to strong data protection practices and it is KindSpace’s prime objective to protect its clients privacy. By agreeing to this Privacy Policy, the user, including the Mobile Application User, would be bound by the terms of this policy and would also agree to provide any other information that KindSpace requires from its users at any time to time.

7. Minor’s privacy

7.1 KindSpace strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. KindSpace respects the privacy of minors who may inadvertently use the internet or the mobile application.

8. Consent to this policy

8.1 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 by becoming a User of the Website and its Services signifies you:

8.1.1 assent to this Privacy Policy, and

8.1.2. consent to KindSpace using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy.

8.2 Your visit to the Website and use of the Services is subject to this Privacy Policy and the Terms of Use.

9. Grievance Redressal

9.1 If you have questions about this Privacy Policy or KindSpace’s information collection, use and disclosure practices, you may contact the grievance redressal officer appointed by KindSpace. 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: nivida@kindspace.in.

Email: nivida@kindspace.in

Address: 540 Hawa Singh Block, Asian Games Village, New Delhi 110049, India