Privacy Policy

1. INTRODUCTION –

We, Health Charity Perspiration Ear Nose Throat Charitable Trust, having its office at  Building – 124, B-203, Lok Prabha CHSG, Next to Kridangan Ground, Opposite Sahyadri Garden, Tilaknagar, Chembur (West), Mumbai – 400089, Maharashtra, India (“HCPENT”, “we”, “our”, “us”).

The platform provides certain services (“Services”) to registered users (“Users or Members”) through the website www.hcpent.org (Platform/ Mobile Application”). References to “You”, “Users”, “Yourself” shall mean the users (including the Customers/Guests) accessing and/or availing Services.

We respect the privacy of everyone who visits or uses our Platform. This privacy policy (“Privacy Policy”) describes the procedures for collecting, using, and disclosing your information which you share with us for availing the services or accessing the Platform (“Personal Information”). This Privacy Policy shall be governed by the Terms of Use of the Platform as updated from time to time. All the capitalized terms used in the Privacy Policy shall have the same meaning as provided in the Terms of Use. We recommend you to read this Privacy Policy so that you understand our approach towards the use of Your Personal Information.

When You visit the Platform, You are not required to provide any Personal Information unless and until You choose to avail of Services. In addition to this, by agreeing to avail Services and by submitting Your Personal Information, You consent to the collection, transfer, processing, storage, disclosure, and other uses described in this Privacy Policy.

2. INFORMATION WHICH IS COLLECTED –

This Privacy Policy applies to Personal Information collected and controlled by us, about the Users’ when they use Services and register on the Platform or browse the Platform. For the availing of the Services, the User is required to access the Platform and provide Personal Information.  For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to the User’s name, address, telephone/mobile number, e-mail address,  personal photo, age, gender, family details, birth date, educational qualification, information in relation to the User’s business or occupation, and other information of similar nature.

User understands that User shall be solely responsible for the accuracy and truthfulness of the Personal Information shared with us. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with us and we shall not be responsible for verifying the same. The User understands and acknowledges that all Personal Information shall be subject to the terms and conditions of this Privacy Policy.

3. HOW WE USE PERSONAL INFORMATION –

The Personal Information is collected and used to:

1. Provide and improve the Services.

2. Processing of donations and providing receipts.

3. Monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform.

4. To improve the quality and your experience of the Platform and Services, including but not limited to conducting audits and resolving your technical issues.

5. Customise your experience.

6. Help to promote safe Services.

7. Measure the User’s interest in our Services.

8. Manage our relationship with you.

9. Enable you to maintain network and connect with other Users of the Platform.

10. Maintain and update our records.

11. Inform Users about the present and future online and offline offers, updates, Services, etc.

12. Monitor suspected fraud, misconduct, and unlawful activities on the Platform.

13. Ensure provision of Services.

You agree that we may also use the Personal Information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted User advertisements, service provider offers, promotions, and communications relevant to your use of the Platform. By accepting this Privacy Policy, You expressly agree to receive this information. We may provide an option to decline the services relating to promotional emails and advertising notifications. In such case, You shall not receive any notification regarding promotional activities and advertising emails.

Also, we may share with third-party service providers certain information, such as Your browser capabilities, number of clicks or operating system, etc, that we have collected in order to better understand which advertisements and services may interest you. 

We will retain Your Personal Information as long as it is reasonably required or otherwise permitted or required by applicable law or a regulatory requirement even after your account is terminated. We may also retain Your Personal Information so long as it is necessary to fulfill the purposes for which it was collected (including for purposes of meeting any legal, administrative, accounting, or other reporting requirements). Your Personal Information is safeguarded against inappropriate access and disclosure, as per this Privacy Policy. Please refer to our“Data retention” clause for more information regarding retention of information shared by you.

4. COOKIES –

We may set “cookies” on the use of the Platform by Users. Cookies are small encrypted files, that a site or its service provider transfers to Your computer’s hard drive through Your web browser that enables the site’s or service provider’s system to recognize Your browser and capture and remember certain information to enhance Your experience and cater to Your needs better.

5. DISCLOSURES –

We may use the uploaded activity data, in an aggregated manner that would not personally identify you, for enhancing the quality of our services. Keeping in mind the rules regarding Privacy Policy, we may send, rent, share, distribute, lease or otherwise provide or disclose User’s Personal Information to third parties in the following circumstances –

• Administrators –We may provide access to the User’s Personal Information to any of our authorized administrators for any internal business purpose, who shall be under confidentiality obligations towards the same.

• Affiliates – We may provide Personal Information that we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to your requests for information or Services and for such other obligations.

• Third-Party Applications – We may share your information with third-party applications, for example when You choose to access our Services through such an application. You understand and acknowledge that we are not responsible for the way those third parties use Your information, so You should make sure You trust the application and that it has a Privacy Policy acceptable to You.

• Information shared with other Users –As part of the Services, your Personal Information may be shared with the other Users on the Platform. These Users may download, upload, share, re-share your Personal Information on any other platform or to any third party. You understand that in the event these Users share your Personal Information, then the same shall be available to the connections of such Users or to the users of any other platform if such Users have displayed your Personal Information for the public at large.

• Joint marketing arrangements – Where permitted by law, we may share your Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of your Personal Information, require them to safeguard your Personal Information and prohibit them from making unauthorized or unlawful use of Your Personal Information.

• Legal and regulatory authorities–We may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose your Personal Information to law enforcement officers or others, in the good faith and belief that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third parties; or protect the rights, property, or personal safety of us, our users or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. Along with Personal Information, we may, if required under applicable law, disclose other information which shall include but not limited to browser and device information, app usage data, pixel tags, and other technologies, demographic information, and other information provided by you.

Notwithstanding anything mentioned hereinabove, we shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall we be responsible and/or liable for any additional information User may choose to provide directly to any third party.

6. DATA RETENTION –

We may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your Personal Information, upon reasonable request. We may also need to retain certain data for recordkeeping purposes, and there may also be residual information that will remain in our databases and on other records, which will not be removed. Please note that there might be latency in deleting the Personal Information from our servers and backed-up versions. In addition, we do not delete from our servers files that you have in common with other users.

7. CHILDREN’S PERSONAL INFORMATION –

We do not knowingly collect Personal Information from the children who are under 18 (Eighteen) years of age. Children should obtain permission from their parents or guardians before sharing any Personal Information about themselves to the Platform.

8. SECURITY –

We value Your Personal Information; we will ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting Your Personal Information from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate. All Personal Information is securely stored with a controlled Personal Information base in Microsoft SQL. As a matter of security, we take back-up of systems periodically. Although we provide appropriate firewalls and protections, our systems are not hackproof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liabilities or responsibilities for it.

9. COLLECTION OF NON-PERSONAL INFORMATION –

We may automatically collect non-personal information about you such as the type of internet browsers you use or the platform from which you linked to our Platform. We may also aggregate details which you have submitted to the Platform (for example, your age, the town where you live, gender, educational qualification, business or activity, etc). You cannot be identified from this information and it is only used to assist us in providing an effective Service on this Platform. We may from time to time supply third parties with this non-personal or aggregated information in connection with the Services and this Platform.

The details related to the aggregation of information provided by you on the Platform shall be used for our reference. But the details of individual information shall not be used by us. For example – for the purpose of analysis, the data shall be used by us in order to analyse the number of people who are associated with entities conducting social welfare activities. But data, information, preferences, and choices related to you and the Services obtained shall not be used by us.

10. INTERACTION BETWEEN YOU AND PLATFORM –

We are interested in your views, and we value the Feedback (defined below) we receive from you. However, we do not have control or are responsible for any such Feedback or the Personal Information which you make available through the Platform. We encourage you to be careful regarding the Personal Information you disclose in this way.

Subject to any applicable law, any communication or feedback sent by you to the Platform (including without limitation testimonials, contents, images, audio, feedback, etc. collectively “Feedback”) is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for purpose. We can use the feedback including without limitation any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including without limitation developing, manufacturing, and/or marketing services. You agree you will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract) and you hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of you as the source of the Feedback. Your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that you do not send us any Feedback that you do not wish to assign to us, including any confidential information, Personal Information, or any original creative materials. You shall be responsible for the content and information contained in any Feedback sent by you to the Platform or otherwise to us, including without limitation for its truthfulness and accuracy.

11. ACCESSING AND MODIFYING PERSONAL INFORMATION –

You may remove, review and/or make changes to the Personal Information and your educational qualification, work regarding social welfare activities, etc. You understand that we shall not verify or authenticate the changes made by you and therefore you take entire responsibility of such changes. You confirm that such changes shall be in accordance with the terms and conditions of this Privacy Policy. We may send you any legally required notifications and certain notifications, including but not limited to, Service-related notifications or alerts regarding a change to any of our policies. For example, we may notify regarding server problems or scheduled maintenance to the Platform. In order to opt-out of receiving these notifications, you may do so through the Platform. You can opt-out of certain e-mail communications from us, including our newsletters, if any, advice on networking on the Platform. We will not change your preferences without your consent.

12. THIRD-PARTY LINKS –

We may have links to other websites, or you are referred to our Platform through a link from another website. We shall not be responsible for the privacy policies and practices of such websites. The content is subject to their terms of use and any additional guidelines and privacy information provided in relation to that use on their website.

We recommend that you check the policies of each website you visit to better understand your rights and obligations especially when you are submitting any type of content on those third-party websites. Please contact the owner or operator of such a website if you have any concerns or questions.

13. INDEMNIFICATION –

In addition to the indemnification commitment provided in Terms of Use, the User agrees to indemnify us, our partners, affiliates, volunteers, agents, and employees and hold us harmless from and against any claims and demand, including reasonable attorney’s fees, made by any third party due to arising out of or relating to:

1. inaccuracies and/or in corrections of Personal Information and contents that User submits to the Platform;

2. User’s violation of this Privacy Policy;

3. User’s violation of any rights of another User.

14. LIMITATION OF LIABILITY –

The platform will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of Your Personal Information) and for use of or inability to use Services of any kind that is offered or to provide indemnity or any other remedy to You or any third party.

15. RESERVATION OF RIGHTS –

All rights not expressly granted in this Privacy Policy are reserved by us. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels, or otherwise any license or right under any copyright, patent, trademark, or other intellectual property rights of HCPENTor any other person or to User.

16. GOVERNING LAW AND DISPUTE –

This Privacy Policy is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information; other relevant laws, and policies of Platform. The Governing Laws in whatsoever case shall be Indian Laws and regulations and Mumbai, Maharashtra, India shall have exclusive jurisdiction over such disputes.

17.CHANGES TO THIS POLICY –

From time to time we may update this Privacy Policy. If we make any substantial changes to this Privacy Policy and the way in which we use Your Personal Information we will post these changes on this page and it shall be your responsibility to be aware of any significant changes. Please check our Privacy Policy on a regular basis. The changes are effective immediately after the same posted on the Platform.

18.CONTACT US –

If you have questions or concerns or grievances regarding this Privacy Policy, You can email us at support@hcpent.org.

19. ADDITIONAL CONDITIONS FOR USERS OUTSIDE INDIA –

You agree and acknowledge that the Platform provides Services in India. There are certain privacy-related regulations applicable to certain specific geographies outside India, such privacy-related regulations may not be applicable in India. The Privacy rules, regulations, and rights may differ from your local geographical legal systems and you may not receive the same privacy protection benefits or rights in India.