PRIVACY POLICY
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This Policy was last updated on 03-02-2022.
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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.
Fenweh is the author and publisher of the Internet resource/ Platform www.Fenweh.com and the mobile based applications [hereinafter collectively referred to as “Platform”]. Fenweh 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 of quality mental health care services and effortless access to qualified professionals, trained to provide counseling / therapy Services in India, Fenweh has taken up the initiative to bridge the gap between the Counselors and end-Clients. Fenweh develops and maintains digital Platforms and in-person facilities to enable well-qualified Counselors/therapists to enlist their Services on the Platform for persons of the general public to access and avail such Services.
Fenweh believes that every individual and entity has an inherent right to protect one’s reputation and privacy. Fenweh strives to ensure privacy of all its Users and Affiliates. Given the sensitive nature of the services availed through the Platform and an ever growing need to protect and secure the confidentiality and privacy of its Users availing mental health services, Fenweh has drafted this Privacy Policy and the Terms and Conditions of Use that enumerate the process and manner opted by Fenweh in accessing, collecting, disseminating, using, handling or otherwise dealing with information and your privacy while using the Platform. This Privacy Policy is part of and subject to the Terms and Conditions of Use. Fenweh reserves the right to amend this Privacy Policy at any time without notice to you. Kindly review this policy periodically to be informed of amendments.
Kindly familiarize yourself with this Privacy Policy and the privacy practices applicable to the Platform, as your access and use of the Platform, you are automatically bound by the Terms and Conditions of Use and this Privacy Policy, and it is deeded that you have accepted to the Terms and Conditions of Use and this Privacy Policy. This Privacy Policy is a part and parcel of the Terms and Conditions of Use, and is subject to the provisions made therein. In the event you have any issues or questions relating to this Policy, kindly reach out to Fenweh’s Grievance officer at hello@fenweh.com . If you do not agree to or do not understand this Policy or part thereof, then kindly refrain from using and/or accessing this Platform.
INFORMATION COLLECTED AND STORED BY FENWEH
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 defines Sensitive Personal Data Or Information Sensitive personal data or information of a person to mean such personal information which consists of information relating to— (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing service; and (viii) 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.
Fenweh may collect information based on your usage and access of the Platform and application operated by Fenweh. Fenweh 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 contact with a person. Fenweh 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.
Fenweh 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 Fenweh, there is an inherent risk in Internet based Services. To the best of its ability, Fenweh 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 Fenweh 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 Fenweh in writing or over audio/audio-video calls etc, writing to Fenweh 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. Fenweh may ask you to complete optional online surveys. Such surveys may require you to provide your personal information, including but not limited to contact details, address, age, income, personal preferences, etc. Fenweh will use such information collected from surveys to customize your use and access of the Platform that Fenweh thinks would meet your preferences.
Fenweh 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 Platform from which you linked directly to the Platform, as well as other similar features that are used by Fenweh in the management of the Platform. Such information collected by Fenweh shall be accessed and used, within the confines of this Policy, solely by Fenweh, its staff and authorized contractors.
Fenweh may record your audio/audio-video calls made to Fenweh to authorized representatives or to any helpline numbers provided by Fenweh, for internal purposes. Prior to recording such audio/audio-video calls, the purpose for recording will be mentioned, and your consent to such recordings will be obtained. All recordings made by Fenweh shall be subject to this Privacy Policy. In the event you do not consent to recording of such a call, Fenweh has the right to refuse to provide those Services for which such Information is sought.
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The role of Fenweh in facilitating the Services provided through the Platform ends upon the successful booking of appointments. Fenweh’s role thereafter shall be limited to the Terms and Conditions of Use. Fenweh 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 Fenweh shall not be privy to the same, subject to the exceptions specified in the Terms and Conditions of Use. Fenweh does not record nor maintain any record of the audio/audio-video Sessions with the Counselors empanelled on the Platform. Fenweh reserves the right to record any information exchanged between the Client and the Counselor during their sessions.
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USE AND SHARING OF INFORMATION
Fenweh may share your personal information with its corporate entities, affiliates and with the Counselors empanelled on the Platform, who are entitled to receive the information and use it within the confines of this Privacy Policy. Fenweh will use the personal information to detect and prevent fraud, theft and other illegal activities that may transpire on the Platform or while availing Services through the Platform. Fenweh will use the personal information to avert abuse of the Services & Platform in any manner and to impede any imminent harm to the safety of Fenweh, its property, the empanelled Counselors, or the Clients.
Fenweh 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 Fenweh allows it to 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 Fenweh. Fenweh 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. Fenweh may also combine information with other information to provide and improve its products, services, content, and advertising.
Fenweh never trades, sells or discloses your personal information with any third party or any advertising / marketing entities. The information so collected by Fenweh 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 Fenweh 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. Fenweh 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.
Fenweh 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. Fenweh 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.
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STORING INFORMATION AND DURATION
Fenweh carefully determines what personal information it collects and it will retain such information only if it concludes that retention is relevant and required. Fenweh will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy, the Terms and Conditions of Use and as required by law. When your personal information can be deleted/ disposed as per this Policy and the Terms and Conditions of Use, then Fenweh will dispose of your personal information in a proper manner, by ensuring security and safety of your information.
Fenweh shall from time to time decide the proper manner to store and maintain your personal information. In the event Fenweh 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 Fenweh 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 Fenweh and its affiliates anywhere in the world, subject to the terms of this Policy.
Fenweh maintains your personal information in electronic form on computers operated and maintained by Fenweh/ its affiliates. If Fenweh deems it necessary, then it may convert your personal information maintained in electronic to physical form. Fenweh shall undertake all necessary security measures to protect your personal information maintained in physical form.
COOKIES
Fenweh uses cookies to collect information. The cookies will enable the browser to remember information specific to each user of the Platform. Both permanent and temporary cookies will be placed in your device’s drive. The cookies will not contain any of your personally identifiable information. The setting for cookies can always be changed on your browser to stop accepting cookies or to prompt you before accepting cookies. In the event you choose not to accept cookies, then you may not be able to use the Platform or portions of the Platform. In the event you use a mobile-based application or any third party link provided on the Platform, then you shall be bound by the terms applicable to such application or third party links, as Fenweh will have no control over the use of cookies by such application or third party links.
Third party links
Fenweh may provide links to third party sites. However, Fenweh does not endorse, authorize, control or represent any such third parties who own or operate such links or sites. Fenweh has no control over nor does it endorse the Terms and Conditions/ Privacy Policy of such third party sites. In the event you access any third party links or sites through the Platform, then Fenweh shall not be responsible for the Terms and Conditions/ Privacy Policies of such third party sites or links.
PERMISSION TO COLLECT AND REQUEST FOR WITHDRAWAL
Your act of accessing and using the Platform, availing the Services provided through the Platform, you hereby give your express consent for Fenweh 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. Fenweh 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 Fenweh at hello@fehweh.com or to the contact address of Fenweh’s grievance officer as provided in the Terms and Conditions of Use. However, Fenweh may also decline aspects of deletion or access requests if it believes that such deletion would undermine Fenweh’s legitimate use of data for anti-fraud and security procedures.
GRIEVANCE OFFICER
In accordance with Rule 3(11) of the Information Technology (Intermediaries Guidelines) Rules, 2011, a Grievance Officer is appointed for the Platform. In the event you have any grievance or issues with this Privacy Policy, or in the course of your access or use of the Platform, or you choose to seek any clarifications or wish to raise queries concerning the use, access of the Platform, then you can approach the Grievance Officer, by notifying/ addressing his/her queries in writing to hello@Fenweh.com by including his/her details, queries and issues to be addressed. The Grievance officer is only required to address those concerns that are raised in writing to hello@Fenweh.com. The Grievance Officer shall redress the Client’s complaints or queries with in one [1] month from the date of receipt of the complaint