PRIVACY POLICY

PRIVACY POLICY

“When it comes to privacy and accountability, people always demand the former for themselves and the latter for everyone else”

                                                                                                                                                                                                  - Glen David Brin, American author

​​

We, at Health Please understand and value You, Your Personal Health Information, Your Personal Identifiable Information (“as defined below” and hereinafter wherever the context permits collectively referred to as “Information”) Our User/s (“as defined below”). We are utmost committed to protecting and promoting privacy of Your Information. This Privacy Policy (hereinafter referred to as “Policy”) helps You understand Our policies that govern collection, use, sharing and disclosure of Your Personally Identifiable Information/PII and Protected Health Information/ PHI in connection with Your view/ access and/or providing the aforesaid Information to Our Site (defined herein under) via Nth Sense Survey (hereinafter referred to as “Nth Sense Survey”). Our Privacy Policy is in strict compliance with the HIPAA Privacy Rule (45 CFR), GDPR and other Applicable Laws.

Hereinafter in this Policy “We,” “Our/s,” “Us”, “Nth Sense” and/or “Health Please” shall be used, regardless of whether individually or collectively used, to refer to Health Please while “You”, “Your/s” and/or “They” shall be used to refer to the User/s of the Site.

By viewing/accessing and/or providing Your Personally Identifiable Information/(PII and Protected Health Information/ PHI to Our Site via Nth Sense Survey, You agree to be bound by the terms of this Privacy Policy as well as ‘Nth Sense Terms of Use’ (“Terms”).

Applicable Laws” shall mean and include means any applicable and relevant law, statute, rule, regulation, ordinances, treaty, judicial precedent, order, judgment, decree, injunction, permit or decision of government of India, court or other legislative body, having jurisdiction over or otherwise governing these presents, as may be in force from time to time, without regard to conflict of law principles.

Client” shall mean and include individuals, associations, company, partnership   institutions, organizations, entities, whether registered or not, who have approached and requested Us to conduct Nth Sense Survey and/or to write health blogs on the Site by stipulating the detailed specifications related to the request.

Database” shall mean and include a systematic collection of data/ Information including data reports and/or files including but not limited to Personal Identifiable Information (“as defined below”), Protected Health Information (“as defined below”) the data / Information/ survey reports made / processed / generated on the basis of the Information collected and/or processed, abstracted, deduced, analyzed by Us in Nth Sense Survey.

User/s” shall mean and include the Person/s who undertakes/ participates in Nth Sense Survey and provide Information through Our Site.

Nth Sense Survey” shall mean and include a set of questionnaires asked through Our Site from the User/s with respect to the specifications provided by the Client including, but not limited to, health fitness/lifestyle and healthcare sector.

Service” shall mean and include conducting of Nth Sense Survey with respect to detailed specifications by the Client and shall also include writing of health blogs for Ourselves and any Client.

Site” shall mean and include all the website/s including but not limited to (https://www.thenthSense.com/) software applications, electronic mails and all other forms of Your communication with Health Please whether done through theNthSense.com or otherwise.

Third Party” shall mean and include any individual, association, body corporate, organization, entities, who are not under the purview of Nth Please Terms of Use and the Terms mentioned herein under.

 

SCOPE OF PRIVACY POLICY

This Privacy Policy applies to Information, sensitive health Information pertaining to data / Information any hard copy/ electronic record that may be collected /shared/ analyzed and/or stored by Us.  

This Privacy Policy shall also be applicable irrespective of whether Site has been accessed/availed through a Third-Party website or directly.

 

INFORMATION RECEIVED BY US

By virtue of undertaking Nth Sense Survey/s and registering with Our by creating an account on Our Site (hereinafter referred to as “User’s Account”), You may provide Us with the following Information including but not limited to:

 

A. Personally, Identifiable Information (hereinafter referred to as “Personally Identifiable Information /PII “) including but not limited to:

  1. Your name, address, age and date of birth

  2. Your gender.

  3. Marital status.

  4. Your e-mail address

  5. Your contact number.

  6. Aadhar No./ PAN

 

B. Protected health information (hereinafter referred to as “Protected health information/PHI”) which is to be protected and secured by Us, including but not limited to:

  1. the health, including an illness, disability or injury, (at any time) of an individual or previous medical history of members of his family; or

  2. a health service provided, or to be provided, to an individual;

  3. Information in connection with the donation, or intended donation, by an individual of his or her body parts, organs or body substances;

  4. the previous, current and prospective health Information or medical history and/or medical condition, uploaded by the User/s time to time.

You hereby consent, irrevocably and unconditionally, that Nth Sense at its discretion may validate and authenticate the Personally Identifiable Information/PII and/or Protected Health Information/PHI.

By virtue of providing Personally Identifiable Information/PII and/or Protected Health Information/PHI, You may receive certain advertisements/ newsletters via text messages/ e-mail for any other survey/s conducted/ to be conducted by Us. If You do not wish to receive such advertisements/ newsletter through text messages/e-mails, You always have an option to decline such communications from Us (Please refer to Our Opt-Out Policy described below).

 

HOW DO WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION/PII AND PROTECTED HEALTH INFORMATION/PHI

User/s understands that by undertaking Nth Sense Survey through Our Site, User/s provides Us with Personally Identifiable Information/PII and/or Protected Health Information/PHI.

User/s further understands and agrees that on providing the aforesaid Information, We may collect and/or may process, abstract, deduced, analyze such Information and may systematically arrange and store such data/ Information into creating a database in connection with the specifications of the Client.

User/s understands that We Sense may from time to time use such data/ Information for writing and publishing health related and other blogs on its name.

User/s agrees that We by conducting the Nth Sense Survey and any processing, abstraction, deduction, analyzation of with Personally Identifiable Information/PII and Protected Health Information/PHI by Us, such activity is performed by Health Please in compliance with Applicable Laws of India.

 

HOW DO WE SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION/PII AND PROTECTED HEALTH INFORMATION/PHI

User acknowledges and agrees that:

  1. We, at Health Please will maintain anonymity of Your Personally Identifiable Information/PII as far as possible but upon request by Our Client, We may share such Personally Identifiable Information/PII with Our Client.

  2. We shall, at all times, share Protected Health Information/PHI to the Client/s on whose behalf We are conducting The Nth Sense Survey.

  3. We reserve the right to validate the medical history and the present medical condition of the User/s who shares Personally Identifiable Information/PII and the Protected Health Information/PHI with Us.

  4. We, at Our sole discretion may share User/s Information with Third Parties which would enable Us   to recommend Nth Sense Survey, suitable for the User/s with respect to the User/s respective Information and preference provided.

  5. We merely act as facilitators while sharing of Your data/Information which may be collected/ processed/ stored/ analyzed/ monetized/compiled with Our Client(s). We shall not be held liable for any loss/ injury/ damage/ harm caused to You due to the theft/ unauthorized disclosure of Your Information after We share such Information with Our Clients and We disclaim any liability whatsoever in this regard.  

Permitted Disclosure:

User/s agrees and consents that We may, in order to comply with Applicable Laws, share Your Personally Identifiable Information/PII and the Protected Health Information/PHI with government authorities in the following cases:

  1. If a government authority requests for Information and We think disclosure is required or appropriate in order to comply with Applicable Laws, regulations, or a legal process;

  2. To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;

User/s further agrees that any liability arising out of misuse/loss/breach of Your Personally Identifiable Information/PII and the Protected Health Information/PHI through the aforementioned disclosure or by the government authorities, neither We nor any of Our administrators, sister concerns, subsidiaries, representatives, associates, affiliates or assigns shall be held liable.

 

SECURITY-IN-CHECK FOR YOUR PERSONALLY IDENTIFIABLE INFORMATION/PII AND PROTECTED HEALTH INFORMATION/PHI

We are meticulous when it comes to receiving and securing Your Personally Identifiable Information/PII and Protected Health Information/PHI. We do realize the gravity of such Personally Identifiable Information/PII and Protected Health Information/PHI therefore We have highest security system in place to maintain Your privacy and to create a completely secure operating environment.

To protect Your Personally Identifiable Information/PII and Protected Health Information/PHI, We use data encryption. Therefore, when You feed in Your Personally Identifiable Information/PII and Protected Health Information/PHI in Nth Sense survey conducted on Our Site, it is transferred via internet using Secure Sockets Layer (SSL), the security technology for establishing an encrypted link. With regard to the aspect of securing Personally Identifiable Information/PII and Protected Health Information/PHI, therefore We have Hyper Text Transfer Protocol Secure security measure in place along with the respective certification. You agree that in case of any unauthorized access, hacking, phishing, Denial of Service (DoS), waterhole attacks, Fake Wap, cookie theft, virus/ Trojan effects we shall not be held liable for any action/ claim for damages/ losses/ costs/ expenses brought by You or any Third Party.  

 

RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION/PII AND PROTECTED HEALTH INFORMATION/PHI

In conformity with our organizational norms, after sharing the required Personally Identifiable Information/PII and Protected Health Information/PHI with the Client, We may retain the aforesaid Information till the period User’s Account is terminated either by Us and/or User/s.

On the event of termination of User’s Account by Us and/or User/s, We reserve the right to keep the Personally Identifiable Information/PII and Protected Health Information/PHI in their database, deduced in pseudonymized form (maintaining the anonymity) for future purposes, including without any limitation, research and development.

User acknowledges that We are not liable for any Personally Identifiable Information/PII and Protected Health Information/PHI shared by Us with the Client before the termination of User/s account.

 

UPDATE OF PERSONALLY IDENTIFIABLE INFORMATION/PII AND PROTECTED HEALTH INFORMATION/PHI

User/s agrees that We enable Our User/s to update and/or upload their respective modified or current change in Personally Identifiable Information/PII and Protected Health Information/PHI time to time.

User/s further agrees and accepts that We, at Our sole discretion may engage with Third Parties, to authenticate or validate the updated and/or uploaded details to their User/s Account with respect to Personally Identifiable Information/PII and Protected Health Information/PHI.

 

OPT-OUT POLICY

The User/s have the right to opt-out of process wherein their Personally Identifiable Information/PII and Protected Health Information/PHI is used for purpose not directly related to Nth Sense Survey at the point where We ask for Information. Users have the following options to opt-out, mentioned herein below:

  1. Email Subscriptions:

You can always unsubscribe from Our commercial e-mails but We will still send You the e-mails for Nth Sense Survey undertaken and Your respective reward point earned.

COOKIE POLICY

User/s understands and agrees that We may engage in Cookie Policy for its self-regulatory and operational purpose.

Now You may wonder “What is a Cookie and What is its purpose?”

Cookie: A Cookie is a small piece of data sent from Our Site and stored on Your device by virtue of using viewing/accessing and/or providing Personally Identifiable Information/PII and Protected Health Information/PHI on Our Site. These Cookies may get deleted when You cease to use Our Site or it may remain on Your device until they expire or You clearing Your cache.

Purpose: By engaging such Cookies, we are able to attain certain preliminary Information for Our own regulatory and operational purposes including but not limited to Your frequency of visits on Our Site, Your location and Your Activity on Our Site.

NO LIABILITY

User acknowledges and agrees that We take every measure for having in place the appropriate privacy and security measures for securing Your Personally Identifiable Information/PII and Protected Health Information/PHI.

By providing Personally Identifiable Information/PII and Protected Health Information/PHI to Us  via Nth Sense Survey, You agree and understand that neither Health Please, nor its administrators, sister concerns, subsidiaries, representatives, associates, affiliates or assigns shall be held liable for any loss/damage/harm/ injury caused to You or any Third Party due to sharing of the aforesaid Information or due to any breach or other perils such as hacking, phishing,  to the aforesaid Information.

 

COMPLIANCE TO ADDITIONAL RULES/POLICIES/STATUTES

If any time while providing Service and /or conducting Nth Sense Survey, Client and/or User/s require/s Us to comply to any additional rules/policies/statutes, They shall make a request to Us at - care@thenthsense.com.

We, at Our discretion shall carry out the aforesaid compliance with any Applicable Law additional rules/policies/statutes with respect to Privacy Policy and such additional compliance shall be made at the sole expense of the respective Client and/or User/s. Any decision on determining the question of sole expense to be borne by whom, shall be at the sole discretion of Health Please and such decision shall be final and binding.

Access to personal information

If You wish to seek access to the Information, we may hold about You, please contact our Privacy Officer using the contact details as specified in the clause (“Help Desk”).

Where We hold Information that You are entitled to access, We make an attempt to provide You with a suitable and secure means of accessing it such as via direct email or courier. Where We are not able to provide You with the details You have requested, for example if it would breach or have the potential to breach another individuals privacy rights, We will provide a reason for such refusal. If You believe that the Information We hold about You is false/incorrect, incomplete or inaccurate, then You may request Us to amend it. Depending on the nature of the changes requested for alteration of Your Information, we may ask for further confirmation of Your identity and/or that the request is submitted in writing for audit and compliance purposes.

HELP DESK

If You have any query, complain or suggestion, You can reach out to Us by filling this form or by writing an e-mail at privacy@thenthsense.com or calling Us at +918208404739 or via written correspondence to Us at: care@thenthsense.com

The Nth Sense

C/O Health Please

C – 31, Liberty Phase – 2 Complex,

North Main Road Koregaon Park,

Pune, Maharashtra 411001

 

.If You have any issues relating to the protection of Your Information, You can reach to the Privacy Officer using the contact details set below:

Name of the Privacy Officer: nidhi@thenthsense.com

E-mail: privacy@thenthsense.com

Telephone: 918208404739

Complaints regarding Data Breach

 

If You believe or have a reason to suspect that Your Information has been compromised/  breached/ in cases of potential breach, please contact the Privacy Officer in the first instance using the contact details as mentioned in the clause (“Help Desk”).

Depending on the nature of such breach/potential breach, We may ask for further confirmation of identity, details of the complaint and Complainant and/or that the request is submitted in writing for audit and compliance purposes.

CHANGE IN PRIVACY POLICY

We reserve at Our discretion, the right to modify/amend/alter/update the Privacy Policy, at any time by placing a notice on Our Site.

By continuing to view/access and/or providing the aforesaid Information to Nth Sense after those changes become effective, You agree to be bound by such altered / modified Privacy Policy.