PRIVACY POLICY

Welcome to Flex By Ultrahuman!
  1. INTRODUCTION:

    Ultrahuman Healthcare Private Limited (“Ultrahuman” or “our” or “us” or “we”) is committed to respecting and safeguarding its end-user’s (“End-User” or “you” or “your”) privacy online. This policy (“Privacy Policy”) applies to your information that we may receive or collect through your use of the platform Flex By Ultrahuman (“Platform”) available on www.ultrahuman.com /flex/ (the “Website”), and associated mobile application (the “App”). To make this Privacy Policy easier to read, the Software, the Website, the App, and our services shall collectively be referred to as the “Services”. This Privacy Policy applies to all End-Users who use our Services.

    This Privacy Policy explains (a) the types of information that we may receive or collect from you when you access or use our Services, and (b) our practices and procedures on the collection, use, processing, storage, transfer, and disclosure of such information, that you consensually provide us when you access and use our Services.

    For the purposes of this Policy

    1. Non-personal Information” refers to any non-personal information collected from End-Users pursuant to their use of the Services, including but not limited to the browser name, the type of device, computer, and technical information about End-Users means of connection to the Services such as the operating system, hardware model, the Internet service providers utilized, mobile carrier and other similar information.

    2. Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, when End-Users register, respond to a survey, fill out a form, and anything else in connection with the Services. Ultrahuman will collect Personal Information from End-Users only if they voluntarily submit such information to us.

    3. Sensitive Personal Data or Information (“SPDI”) consists of information relating to the following:

      1. passwords;
      2. financial information such as bank account or credit card or debit card or other payment instrument details;
      3. physical, physiological and mental health condition;
      4. medical history;
      5. any detail relating to the above clauses or any other sensitive personal data or information as provided to Ultrahuman for providing the Service; and
      6. any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
    4. For the purposes of this Privacy Policy, any Personal Information, SPDI (if and to the limited extent collected with consent), and Non-personal Information shall together be referred to as “Information”.

      By using or accessing the Services and providing Information, you agree to the terms and conditions of this Privacy Policy. You also expressly consent to our use and disclosure of your Information in any manner as described in this Privacy Policy and further signify your agreement to this Privacy Policy, Terms of Services, and Acceptable Use Policy (being incorporated by reference herein), and other terms and conditions for accessing and using the Services, as may be issued and notified by us from time to time.

    5. “Third Party” refers to any person or entity other than you or us.

  2. INFORMATION THAT WE COLLECT:

    For the purposes of registering and creating a user-account (“User Account”) on the Platform to avail the Services, you may be required to disclose information including personal contact details such as your name, telephone number, profile photo, email address, residential/commercial address, birthday, and other information. In some situations, we may also require you to disclose demographic information including gender, age, and other information relevant to the provision of Services. We may collect some information about your friends, like their names, phone numbers, or email addresses, when you invite or refer them to the Services or import your contacts. 

    If you access the Services without creating a User Account, we may still gather and store certain Non-Personal Information about your visit. This information does not identify you personally and cannot be linked back to you unless you decide to identify yourself. If you are accessing our Services, we may collect the following Non-Personal Information: IP address, the type of browser and operating system used to access our Platform, the date and time you accessed our Platform and if you were linked to our Platform from another website, the address of that website as well as additional information related to your visit may be collected. We may also collect certain information that our End-Users provide such as inter alia e-mail addresses of End-Users who communicate with us via e-mail and their country including IP addresses.

    Ultrahuman collects SPDI such as weight, height, etc only voluntarily and knowingly provided by its End-Users. Ultrahuman undertakes to protect the SPDI provided by you in accordance with reasonable security practices and procedures and undertakes not to transfer or disclose your SPDI to a Third Party for any purpose without your prior consent.

    You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features / Services.

    If you link your existing Instagram, Facebook, Snapchat, Apple or Google account with the User Account in order to avail the Services, we may collect such third-party site account details. Social media platforms and third-party apps may give us information about you. We may also collect information about you from other users. This might include your name, phone number, or email address if they invite or refer you to our Services or if they have linked their contacts to their User Account.

    We may collect certain Information that our End-Users provide such as inter alia e-mail addresses of End-Users who communicate with us via e-mail, their country including IP addresses, the End-User specific URL used to host the session.

    Our Services are currently free of charge for our End-Users. Since we do not charge any usage or subscription fee from our End-Users to access and use the Services, we do not collect debit/credit card information or other sensitive personal financial information of End-Users. However, it is important that if you detect any scam or fraudulent activity wherein any Third-Party tries to wrongfully gain access to your financial information in the garb of providing access to use our Services, please immediately report the matter to your local authorities and write to us at legal@ultrahuman.com.

  3. PURPOSE OF COLLECTION:

    We may receive, collect, and use the Information to deliver the Services, to identify and troubleshoot problems with the Services, and to improve the Services.

    We make all efforts to ensure that we collect only such Information that we believe to be relevant in order to support and facilitate provision of Services, including but not limited to:

    1. Process and respond to End-User’s queries;
    2. Understand the End-Users’ requirements;
    3. Diagnose technical glitches;
    4. Provide End-Users with customer support;
    5. Allow End-Users to participate in interactive features offered through the Services;
    6. In any other way that Ultrahuman specifies at the time of seeking information from End-Users;
    7. For processing of statistics for advertising, affiliate marketing and analytics;
    8. To investigate fraud or abuse;
    9. For any other purpose with the End-User’s consent. Where you have provided consent, you have the right to withdraw it
    10. For any other purpose with the End-User’s consent.

    We are not in the business of selling Information to Third Parties for the above purposes, and all Information shared with Third Parties in relation to the above purposes, will be on a no-name aggregate basis.

  4. DISCLOSURES:

    When you access and use the Services, some Personal Information may be disclosed to other users. For instance, when you attend or participate in a video chat or audio-visual conference session, your name, your image (still and moving), your online and offline status, your individual points or scores, your rank in the leaderboard, stats pertaining to your last or overall activity such as time spent, scores or points accumulated etc. may be visible to your connections or your contacts.

    We may also disclose Information when we respond to valid legal processes. In the event we are required to respond to subpoenas, court orders or other legal process, your Information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.  We may also disclose Information when reasonably necessary to preserve our legal rights.

    We use Third-Party service providers to help us provide portions of the Services and give support. They only receive Information needed to provide their services. We have agreements with our service providers that say they cannot use any of this Information for their own purposes or for the purposes of another third party. We prohibit our service providers from selling Information they receive from us or receive on our behalf. We require service providers to use Information only in order to perform the services we have hired them to do (unless otherwise required by law).

    We may share Information with trusted Third-Parties, including companies who serve as our vendors and help us deliver our Services and social media partners (such as but not limited to Snap.Inc) if you elect to use social media integration features. In the event you elect to use third-party social media partners integration features, you agree to comply with their respective terms of use, privacy policy and other policies as may be applicable for such usage. We may also share some information with companies that help operate our Services or run a promotion.

    We may also share Information for other reasons we may describe to you or as permitted under law.

    HOW WE PROTECT INFORMATION:

    We maintain appropriate administrative, technical, and physical safeguards to protect your Information from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use and other unlawful forms of processing. We implement appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access and for the purposes of maintaining Information security.

    However, we cannot guarantee absolute security as no method of protection and transmission of Information is completely secure. We are also not responsible for any breach of security or for any actions of any Third-Parties that receive your Information. The Services may also be linked to other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control. Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your Information, if such loss, damage or misuse is attributable to any event that is beyond our reasonable control.

  5. ACCESS TO THIRD-PARTY:

    We do not sell or share your Information to any Third Party i.e. marketing companies, agencies, advertisers or any similar companies in exchange of fees/payments. We also do not share or allow any Third-Party to use your Information stored with us for any other purpose except consented by you or if required under any legal obligations.

    However, we may use certain standard advertising tools on our marketing sites which, provided you have allowed it in your cookie preferences, sends Information to the tool providers, such as Google. If we do so, we will provide a “Do Not Sell My Personal Information” link at the bottom of our marketing sites. You can use this link to change your Cookie Preferences and opt out of the use of these advertising tools. If you opt out, Information that was used by these tools will no longer be shared with Third Parties.

  6. DATA RETENTION:

    We will only retain your Information for as long as necessary to fulfil the purposes described above. We may also retain your Information, if necessary, for our legitimate business interests, such as fraud prevention or to maintain the security of our users. If you have elected to receive marketing communications from us, we will retain Information about your marketing preferences for a reasonable period of time, which will be calculated based on the date you last expressed interest in our content, products, or Services.

    We will take reasonable steps to accurately record the Information that you provide to us including any subsequent updates. You can review, update and amend the Information that we maintain about you, and you may request we delete Information about you that is inaccurate, incomplete or irrelevant for legitimate purposes, or is being processed in a way which infringes any applicable legal requirement.

  7. DATA SUBJECT RIGHTS:

    For the purposes of EU’s General Data Protection Regulation (“GDPR”)  and California Consumer Privacy Act (“CCPA”), our End-User is the “Controller”, or decision maker, for the Information, and we are the “Processor”, acting as a “service provider” for, and at the direction of, our End-User. “Processing” just means doing something with the Information. We are typically required to follow an End- User’s instructions about Personal Information we hold for that user. 

    If you are an EEA, Swiss, or UK resident, you may have the right to access your Personal Information, the right to correct your Personal Information, the right to request deletion of your Personal Information, the right to request restricted processing of your Personal Information, the right to a portable copy of the Personal Information you have provided, and the right to object to processing of your Personal Information, such as for direct marketing. You may obtain more information on exercising these rights granted under the GDPR by writing to us at legal@ultrahuman.com.

    If you are a California resident, you can request Personal Information that we may have collected about you in the previous twelve months, the reason we collected it, the category of entities with whom we have shared it and the reason for any disclosure, by writing to us at legal@ultrahuman.com.

  8. DATA STORAGE:

    We generally store Information closest to the End-User where they are located through our authorized Third-Party data centers available globally. We may transfer your Information to Third-Parties acting on our behalf, for the purposes of processing or storage. Our End-Users may choose to have their Information stored in their geographic vicinity.

  9. X.  ELIGIBILITY:

    The Services are not intended for End-Users under the age of 18 (eighteen), unless permitted under applicable local laws (“Permissible Age”). As a minor if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who has agreed to this Privacy Policy, the Terms of Services, the Acceptable Use Policy, and any other terms and conditions issued and notified by us. In the event a minor utilizes the Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of our Services that may occur by virtue of any person including a minor accessing and using the Services. By using the Services, you warrant that the End-User using the Services has obtained the consent of parent/legal guardian (in case of minors). We reserve the right to refuse to provide you with access to the Services if it is discovered that you are under the Permissible Age and the consent to use the Services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that Ultrahuman does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the Permissible Age should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Platform.

  10. COOKIES:

    We may place "cookies" on your personal computer. "Cookies" are small identifiers sent from a website server and stored on your computer’s hard drive, similar to a license plate, that help us to recognize you if you visit our Platform again. Also, our Platform uses cookies to track how you found our Platform thereby helping us improve your experience, understand how our services are being used, and customize our Services. Cookies are not designed to be used to get Personal Information from your hard drive, your e-mail or any other Personal Information about you. To protect your privacy, we do not use cookies to store or transmit any Information about you on the Internet. You can reject cookies by changing your browser settings, but please be aware that if you reject our cookies it is possible that our Platform may not properly load, your access to certain information might be denied. We may let other companies use cookies, web beacons and similar tracking technologies on our Services. These companies may collect information about how you use our Services and other websites and online services over time and across different services. This information may be used to, among other things, analyse and track data, determine the popularity of certain content and better understand your online activity.

  11. SECURITY:

    Reasonable security measures are in place to help protect against the loss, misuse and alteration of the Information under our control. We promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms of Services, Acceptable Use Policy, and to ensure our Services are being used legally. If we do detect something risky that would compromise on your privacy and security, we shall notify you by updating our terms and help guide you through steps to stay better protected.

    We shall take complete measures to safeguard you and our Services from unauthorized access, alteration, disclosure, or destruction of Information we hold, including:

    1. Use of encryption to keep your Information private while in transit;
    2. Timely review of our Information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems;
  12. ASSIGNMENT AND TRANSFER:

    All our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, liquidation, bankruptcy or sale of assets, or by operation of law or otherwise, and we may transfer your Information to any of our affiliates, successor entities, or new owner. Because of the international nature of our business, we may need to transfer your Information shared with Ultrahuman. For this reason, we may transfer your Information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

  13. LAW AND PROTECTION:

    Only Indian courts shall have jurisdiction in connection to and the usage of the Services. We may collect, use, preserve, and share your Information if we have enough cause to believe that it is reasonably necessary to: Respond pursuant to applicable Indian laws or regulations, to legal process, or to government requests; Enforce our Terms of Services and any other applicable terms and policies, including for investigations of potential violations; Detect, investigate, prevent, and address fraud and other illegal activities, security, or technical issues; or Protect the rights, property, and safety of our users, Ultrahuman, its affiliates, or others.

  14. MODIFICATIONS TO THIS POLICY:

    We may modify the Privacy Policy from time to time in our sole discretion. If we do so, we will revise the updated date at the bottom of this Privacy Policy. It’s important that you review the Privacy Policy whenever we modify it because your continued use of our Services after the effective date of any change to the Privacy Policy will be deemed to be your acceptance to the modified Privacy Policy. If you don’t agree to be bound by the modified Privacy Policy, then you must not use the Services anymore.

  15. CONTACT US:

    If you have any questions about this Privacy Policy, the practices of our Platform, or your dealings with Ultrahuman, you may contact our Grievance Officer at legal@ultrahuman.com.

    This Privacy Policy is effective and was last updated on 26th August, 2020.

    Ultrahuman Healthcare Private Limited is located at 1st Floor, Gopalakrishna Complex #45/3, Residency Road Bangalore 560025, India.