This Policy was last updated on 1st November, 2020.
This document is an electronic record prepared in accordance with the Information Technology Act, 2000; the Information Technology [Reasonable Security Practices and Procedures and Sensitive Personal Information] Rules, 2011, and the Information Technology (Intermediaries Guidelines) Rules, 2011, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000 and Rules.
LivAhead Private Limited, [hereinafter referred to as the “Company” or “LivAhead”], is the author and publisher of the Internet resource/ website www.livahead.com and the mobile based applications [hereinafter collectively referred to as “Platform”]. The Company is an Intermediary within the scope of the Information Technology Act and applicable Rules.
Mental health is essential for any individual to live a healthy and satisfying life. Realizing the dearth for quality mental health care services and effortless access to qualified professionals, trained to provide Counseling / Therapy Services in India, the Company has taken up the initiative to bridge the gap between the Counselors and end-Clients. The Company develops and maintains Digital Platforms and In-person facilities to enable well-qualified Counselors / Therapists to enlist their Services on the LivAhead Platforms for persons of the general public to access and avail such Services.
INFORMATION COLLECTED AND STORED BY LIVAHEAD
As specified in the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011- Personal information shall hereinafter 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 with a body corporate, is capable of identifying such person.
Further, the Rules define Sensitive Personal Data Or Information Sensitive personal data or information of a person to mean such personal information which consists of information relating to—
- Financial information such as Bank account or credit card or debit card or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- Biometric information;
- any detail relating to the above clauses as provided to body corporate for providing service;
- any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.
The Company may collect information from you to ensure efficacy of access to the Platform and to facilitate a smooth and unproblematic use of the Services through the Platform, to contact you, to perform its obligations as per any agreement it has with you or any third party, to comply with any legal obligations imposed on it. Personal information refers to that information that can identify or facilitate to contact a person. The Company may combine non-personal information with personal information; such combined information will also be treated as personal information for as long as it remains combined.
The Company strives to provide robust security measures on its digital Platforms to protect the interests of its Clients, Counselors and Users. Inspite of the earnest efforts and measures taken by the Company, there is an inherent risk in Internet based Services. To the best of its ability, the Company adopts best practices to safeguard user interface and information, prevent any unauthorized access, use, and disclosure on the Platform and ensure appropriate use of personal information.
In the course of your use or access of the Platform, you may voluntarily divulge personal information sought by the Company while registering your Client Account on the Platform, while booking Services provided through the Platform, interacting with other Clients or Counselors on the Platform, while interacting with representatives of the Company in writing or over audio/audio-video calls etc, writing to the Company etc. You may also voluntarily divulge personal information when you publish or post any content on the Platform [i.e. reviews, testimonial, interactions, etc]. All information voluntarily provided by you shall be accurate, complete, not misleading and true. In the event there is any change in the information provided by you, then you shall immediately update the same on the Platform. The Company may ask you to complete optional online surveys. Such survey may require you to provide your personal information, including but not limited to contact details, address, age, income, personal preferences, etc. The Company will use such information collected from surveys to customize your use and access of the Platform that the Company thinks would meet your preferences.
The Company may automatically collect information when you access / use the Platform, such as your IP address of the domain you use to access the internet, device information, location information, the date and time of your access to the Platform site, the pages you visit, third party sites visited through the Platform and the Internet address of the website from which you linked directly to the Platform, as well as other similar features that are used by the Company in the management of the Platform. Such information collected by the Company shall be accessed and used, within the confines of this Policy, solely by the Company, its staff and authorized contactors.
The role of the Company in facilitating the Services provided through the Platform ends upon the successful booking of appointments. The Company’s role thereafter shall be limited to the Terms and Conditions of Use. The Company does not ask the Client or the Counselor to upload or reveal any information concerning your Sessions or Treatments with the Counselors empanelled on the Platform, the Clients’ medical history, reports, diagnosis, evaluations or other such information. All interactions that transpire between the Client and his/her Counselor/s are strictly confidential and the Company shall not be privy to the same, subject to the exceptions specified in the Terms and Conditions of Use. The Company does not record nor maintain any record of the audio/audio-video Sessions with the Counselors empanelled on the Platform. The Company reserves the right to record any information exchanged between the Client and the Counselor during their sessions.
USE AND SHARING OF INFORMATION
The Company may retain the communications received through emails in order to process the client’s inquiries, respond to requests and improve the quality of services provided
The Personal Information collected by the Company allows it send you Booking updates, Payment details, updates, software details, announcements, amendments to Agreements and Policies of the Platform, promotional material and any other communications deemed to be appropriate and necessary by the Company. The Company shall address such communications to the contact details and email provided by you. In the event you do not wish to receive non-essential communications such as marketing material, promotions and advertisement, then you can opt-out by updating your preferences. The Company may also combine information with other information to provide and improve its products, services, content, and advertising.
The Company never trades, sells or discloses your personal information with any third party or any advertising / marketing entities. The information so collected by the Company shall not be shared with any third party, except with law enforcement authorities that have sufficient cause and jurisdiction to access such information, and if the Company ever needs to share your personal information to third parties apart from law enforcement, then it shall do so only with your express consent and in accordance with this Policy. The Company may appoint third party vendors and service providers who will have access to your personal information. However, such third party vendors and service providers shall be bound by the terms of this Policy.
The Company may disclose information as sought by the authorities, courts or quasi-judicial bodies, with valid jurisdiction and authority under the Indian laws, to receive such information in order to protect the safety of the public or any person, to respond to claims and legal process and to prevent or stop activity that may be illegal or dangerous. The Counselors may also be required by law to reveal your personal information, under valid and binding court orders, to law enforcement or other authorities. The Company and/or Counselors may also approach concerned authorities in the event they gain knowledge of any abuse or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; (c) threatened harm to the oneself or to another person; (d) court-ordered presentation of Session/Treatment.
STORING INFORMATION AND DURATION
The Company shall from time to time decide the proper manner to store and maintain your personal information. In the event the Company decides to transfer your personal information to or maintain it on computers located outside of India, then your acceptance to this Policy and the Terms and Conditions of Use shall be sufficient consent for the Company to make such a transfer. Whether your personal information is stored and/or maintained in India or any other country, the terms and measures stipulated by this Policy shall be applicable. All the information you provide may be transferred or accessed by the Company and its affiliates anywhere in the world, subject to the terms of this Policy.
The Company maintains your personal information in electronic form on computers operated and maintained by the Company/ its affiliates. If the Company deems it necessary, then it may convert your personal information maintained in electronic to physical form. The Company shall undertake all necessary security measures to protect your personal information maintained in physical form.
THIRD PARTY LINKS
PERMISSION TO COLLECT AND REQUEST FOR WITHDRAWAL
By your act of accessing and using the Platform and availing the Services provided through the Platform, you hereby give your express consent for the Company to collect and use your personal information as per this Policy and the Terms and Conditions of Use. Such consent shall also be applicable for sharing of your personal information, within the confines of this Policy. The Company allows you to withdraw your consent to collect, use, store, share or otherwise deal with your personal information at any time. Such a withdrawal of permission shall only be acceptable when you address it in writing to the Company at firstname.lastname@example.org or to the contact address of the Company’s grievance officer as provided in the Terms and Conditions of Use. However, the Company may also decline aspects of deletion or access requests if it believes that such deletion would undermine the Company’s legitimate use of data for anti-fraud and security procedures.