Privacy Policy

Surge Health India Private Limited (referred to herein as TGHC) is the author and publisher of the internet resource with the domain name, www.tghclinic.com, and its sub-domains on the world wide web as well as other connected software and applications provided by TGHC, including but not limited to the mobile and tablet applications (referred to as the ‘application’, and together with the website, collectively referred to as Web Services). TGHC provides digitally-based health and wellness care programs for interested Users (as defined below). 

WHEREAS: 

 

1. TGHC is inter alia, engaged in providing various Health and Wellness Services (defined below), through the Web Services. 

 

1. The User (as defined below) has read all the provisions set out herein, and in respect of its personal information, agreed to privacy policy set out herein (the Privacy Policy). The User has already agreed to the terms and conditions in relation to the Web Services and Health and Wellness Services (the Agreement).

 

1. DEFINITIONS AND INTERPRETATION

 

1. For the purposes of this Privacy Policy, all terms that have been initially capitalized shall have the meanings set out herein:

 

1. Health and Wellness Services means and includes the services provided by the Wellness Practitioners through the Web Services to Users, which shall include, as appropriate, any and/or all of the following: 

 

1. The diagnosis, treatment, cure and prevention of diseases, mental health conditions such as anxiety, stress and depression, and injuries;

 

1. Conditioning and flexibility training, including through yoga; 

 

1. The access to information, text, graphics, photos, videos, resources, or other materials that form a part of the TGHC Health and Wellness Services; 

 

1. Facilitating and enabling the User to create, upload, transmit, display, and access user submissions;

 

1. Enabling the User to interact with the relevant Wellness Practitioner and their relevant support teams; 

 

1. Enabling the User of the TGHC programs to participate in an online community and to interact with other Users of our services in connection with the User’s health and wellness goals;

 

1. Enabling the User of the TGHC programs to participate in loyalty or rewards programs;

 

1. Services ancillary to and in aid of the above, such as lab tests through third party diagnostic service providers. 

 

1. Partner shall mean TGHC’s employees, agents, consultants, affiliates, associates, representatives, Wellness Practitioner, or other third parties that TGHC may engage, in its discretion;

 

1. Wellness Practitioner means medical professionals, health and wellness coaches, fitness trainers, physiotherapists, mental health counsellors, psychologists, psychiatrists, phlebotomists, yoga instructors, engaged by TGHC as consultants or employed by TGHC, as the case may be; 

 

1. User shall mean and include any person who accesses, uses, or in any manner avails of the Health and Wellness Services and/or the Web Services, and shall include any person who has registered himself with TGHC. 

 

1. NATURE AND APPLICABILITY OF THE TERMS

 

1. This Privacy Policy constitutes a legally binding agreement between the User and TGHC in connection with the User’s visit to the website or the application and the User’s use of the any of the Web Services and Health and Wellness Services.

 

1. By downloading or accessing the Web Services, each person doing so irrevocably accepts all the terms and conditions stipulated herein and agrees to fully abide by them, whether or not they are registered as a User of TGHC. 

 

1. Each User agrees and acknowledges that he has separately been sent this Privacy Policy by way of email, and that he has duly read all the terms and conditions set out herein, and consented thereto. By availing any service, the User signifies his agreement and acceptance to this Privacy Policy . 

 

1. The User is advised to read the Privacy Policy at regular intervals. Any use of the Web Services following any such modification by the User constitutes such User’s consent to follow and be bound by the Privacy Policy so modified. 

 

1. The User hereby acknowledges that they will be bound by this Privacy Policy for availing any of the Web Services and Health and Wellness Services. If the User does not agree with any part of the Privacy Policy, the User may choose not to avail the Web Services. After availing of the Web Services having consented to this Privacy Policy, the User shall not be entitled to make any claim of not being bound by the terms set out in this Privacy Policy. 

 

1. PRIVACY POLICY

 

1. The User acknowledges that he/she has read, understood, and expressly consented to the following terms regarding data privacy, and acknowledges that they have the knowledge of: 

 

1. The fact that certain information is being collected;

 

1. The purpose for which the information is being collected;

 

1. The intended recipients of the information;

 

1. The nature of collection and retention of the information; and

 

1. The various rights available to such User in respect of such information.

 

1. The User’s use of and access to the Health and Wellness Services and the Web Services is contingent on their acceptance of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Health and Wellness Services provided by TGHC immediately.

 

1. TGHC may collect information related to the device used by the User to access the Health and Wellness Services, the location from which the Health and Wellness Services were accessed, and anonymized data of such usage. The information so collected will be used only for improving the quality of the Health and Wellness Services and the Web Services provided by TGHC.

 

1. TGHC through its Web Services may collect the User’s email address and phone number for the purposes of communication and analytics. 

 

1. Nature of Information Collected: TGHC may collect data that personally identifies the User or could be used to personally identify the User. The data so collected by TGHC may constitute the Users’ personal data, including sensitive personal data, such as the following:

 

1. User’s name, age, gender, address (including pin code), contact number and email address;

 

1. Health or medical data including physical and physiological conditions, mental health conditions, medical history, diagnostic reports, prescriptions and medications;

 

1. Financial information regarding bank account, credit or debit card, Unified Payment Interface (UPI), or any other payment instrument details;

 

1. Insurance data including the insurance plan, insurance policy number, insurance carrier, insurance premium coverage; 

 

1. User ID and password upon registering for the Health and Wellness Services on the Web Services of TGHC;

 

1. Biometric data including facial images, fingerprints, iris scans, or any other similar personal data resulting from measurements or technical processing operations carried out on physical, physiological, or behavioural characteristics of the User, which allow or confirm the unique identification of that User;

 

1. Call data records, including video calls made while using the Web Services of TGHC;

 

1. Any other information voluntarily shared by the User with TGHC including but not limited to family medical history. 

 

1. Information that is freely available in the public domain or accessible under any other law will not be regarded as personal data or information. 

 

1. All the information, including personal data, provided by the User, is voluntary. 

 

1. Purpose of Collection of Information: The User understands that TGHC may use the data provided for the following purposes: 

 

1. To provide Health and Wellness Services to the User; 

 

1. For research, statistical analysis, business intelligence purposes and commercial purposes in a non-personally identifiable form;

 

1. For sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to Partners;

 

1. For publishing research findings and/or statistical analysis derived from such data;

 

1. For contacting Users to offer new Health and Wellness Services, and for taking service feedback from the Users; 

 

1. For analyzing software usage patterns for improving product design and utility; and

 

1. For analyzing anonymized information for commercial use.

 

1. Explicit Consent: The User hereby agrees and acknowledges that he/she has understood the terms and conditions contained in this Clause 9, and hereby provides his explicit consent to each of the terms contained herein, including in relation to the collection, processing, transfer, and any handling of his personal data. 

 

1. Correction of Information: The User is responsible for maintaining the accuracy of the information provided to TGHC. If the information so provided changes at any time, the User may correct, complete, update or delete such information, or make a request to TGHC to correct, complete, update or delete such information by writing to TGHC at info@tghclinic.com. TGHC will make all the reasonable efforts to make requested changes in their active databases as soon as reasonably practicable. If the information provided by the User is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or TGHC has reasonable grounds to suspect that the information provided by the User is untrue, inaccurate, out of date or incomplete, TGHC may, at its sole discretion, discontinue the provision of the Health and Wellness Services through its Web Services to such a User.

 

1. Deletion of Account: If the User chooses to delete his/her account or rescind their consent to the use and storage of his/her personal data by TGHC, such a User may make a request for the same by writing to TGHC at info@tghclinic.com. 

 

1. Retention of Information: TGHC will retain the User’s personal data only for the purposes stated above, and for the period during which the account of the User is on the database of TGHC. TGHC shall not retain any personal data of any User for a period longer than required for the purposes for which such data was collected, or is otherwise required, to be retained, under any other law for the time being in force. The User expressly consents to the retention of information by TGHC and/or its Partners, agents or representatives, if any, in terms of this clause.

 

1. Financial Information: In consideration for the Health and Wellness Services, TGHC may require the User to make payments through online payment mechanisms such as credit card, debit card, net banking, UPI, or any other online payment mechanism provided on the Website and/or Application. For this, TGHC and/or its affiliates, as deemed necessary, will collect such User’s financial information such as credit/debit card number, registered name, expiry date of the credit/debit card, card verification value (CVV), UPI ID, and/or other requisite financial information. Such information will be used by TGHC and/or its Partners for the purposes of billing and payment processes, including but not limited to the use and disclosure of such information to third parties (for example, payment gateways), as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process offered by a third-party payment gateway. The User’s credit card/debit card/UPI details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. The User expressly consents to the collection, storage, transfer, and handling of the financial information by TGHC and/or its Partners.

 

1. Transfer of Information: TGHC may disclose or transfer the User’s personal data and other information, to the following:

 

1. The Wellness Practitioner for the purpose of providing the Health and Wellness Services to the User. 

 

1. Its Partners, for the purposes including but not limited to providing and/or improving the Health and Wellness Services, the Web Services, data analytics, research and development. The Partners follow the same data security standards and safeguards as TGHC. Accordingly, the Partners have put in place all the security requirements mandated by law, in order to secure the privacy of the User’s data, and have implemented the best market practices and security policies, rules and technical measures to protect the data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to any unauthorized access of the User’s electronic devices, through which the User avails the Health and Wellness Services, TGHC and its Partners shall not be held liable for any loss whatsoever incurred by the User. The User expressly consents to such transfer by TGHC to its Partners.

 

1. Data Portability: If the User chooses to transfer their personal data to any other data fiduciary/service provider, such a User may make a request for the same by writing to TGHC at info@tghclinic.com, and TGHC shall abide by such a request, only if required by the law applicable. 

 

1. User Internet Protocol: Due to the communications standards on the internet, when a User uses the Health and Wellness Services, TGHC automatically receives the URL of the site from which the User visited the Health and Wellness Services of TGHC through their Web Services. TGHC also receives the internet protocol (IP) address of each User’s computer, the User’s computer/device operating system, the type of web browser the User is using, as well as the name of User’s internet service provider. This information is used to analyze overall trends to help TGHC to improve its Health and Wellness Services. The linkage between User’s IP address and User’s personally identifiable information may be available to TGHC or the Partners, but is not shared with other third parties. Notwithstanding the above, TGHC may share some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic Partners, and others in order to help grow its business. The User expressly consents to the collection, storage, transfer, and handling of the internet protocol information by TGHC and/or its Partners.

 

1. Cookie Policy: The Health and Wellness Services may use cookies to store certain data, that is used by TGHC and the Partners for the technical administration of the Health and Wellness Services, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, TGHC may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any personal information of the User. The User expressly consents to the collection, storage, transfer, and handling of cookies by TGHC and/or its Partners.

 

1. External Websites: The terms regarding data privacy are in regard to the Health and Wellness Services that are owned and operated by TGHC on the Web Services. TGHC does not exercise control over the sites that may be displayed as search results or links from within the Health and Wellness Services. TGHC does not endorse either the contents of such websites or the creators or the hosts of such websites, unless expressly stated otherwise. When the User clicks on external links available on the Web Services, their browser automatically may direct the User to a new browser window that is not hosted or controlled by TGHC. TGHC is not responsible for the content, functionality, authenticity or technological safety of these external websites. These external websites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which TGHC is not responsible or liable. Accordingly, TGHC does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does TGHC guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by TGHC of the website, the website's provider, or the information on the website. If the User decides to visit a third-party website linked to the Web Services of TGHC, the User acknowledges that they are doing so entirely at their own risk. TGHC encourages the User to read the privacy policies of such websites.

 

1. Phone Calls or Video Calls: The User may avail the Health and Wellness Services through the Web Services of TGHC, through the means of online chat, text messages, video call and/or voice call with any Wellness Practitioner. When the User chooses any of these options, the records of such conversations, calls or exchanges may be recorded and stored on the servers of TGHC or the servers of such service providers, as applicable, in accordance with the privacy policies of such service providers. Such records so stored on the servers of TGHC are dealt with only in accordance with this Privacy Policy. The User expressly consents to the collection, storage, transfer, and handling of the call and video records by TGHC and/or its Partners. 

 

1. Location Information: TGHC may seek the permission of the User, to use the geolocation feature of the User’s mobile device and/or any other electronic device being used to access the Health and Wellness Services. TGHC does not share the User location information with any other third party. The User may opt out of location based services on their electronic device by changing the relevant/applicable setting on their device. The User expressly consents to the collection, storage, transfer, and handling of the location information by TGHC and/or its Partners.

 

1. Additional Information: TGHC may ask the Users to take surveys regarding their experiences with features of the Health and Wellness Services available on the Web Services. Such surveys may ask the Users for their demographic information such as their age, gender, and education. TGHC shall use the survey information for evaluation and quality improvement purposes. Such demographic information may be stored for future evaluation and quality improvement activities. 

 

1. Archiving: If any questions are sent to TGHC using email, such questions will be forwarded to the Partners associated with TGHC, who are qualified to address such questions. The Wellness Practitioner will make best efforts to provide the User with a complete and satisfactory response. Such questions and their corresponding responses will be archived by TGHC, for the purposes of research and analytics. The User expressly consents to such archiving by TGHC and/or its Partners.

 

1. Unauthorised Use: TGHC has put in place all the security requirements mandated by law, in order to secure the privacy of the User’s data. Further, TGHC also undertakes a periodical review of its security safeguards. Further, TGHC has undertaken a data protection impact assessment in order to ensure its security safeguards. Accordingly, TGHC has implemented the best market practices and security policies, rules and technical measures to protect the data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Health and Wellness Services, TGHC shall not be held liable for any loss whatsoever incurred by the User.

 

1. Third Party Use: If the User provides anyone else access to their personal health record, the User understands that they would be deemed to be responsible for all actions, access, transaction that such a person takes related to the User’s personal health record either on their own or independently. TGHC is not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.

 

1. Passwords: The User must ensure there is no unauthorized access to their password, computer, mobile phone and / or any other electronic device. TGHC does not undertake any liability for any unauthorized use of the Users’ account and password. If the User suspects any unauthorized use of their account, such User must immediately notify TGHC by sending an email to info@tghclinic.com. The User shall be liable to indemnify TGHC due to any loss suffered by them due to such unauthorized use of the User’s account and password.

 

1. TGHC takes Users’ data privacy very seriously. Other than as specifically stated in this Privacy Policy, TGHC will only disclose the Users’ data in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements, or when TGHC, in its sole discretion, deems it necessary in order to enforce or apply this Privacy Policy.

 

1. Notwithstanding any of the above, TGHC is not responsible for the confidentiality, security or distribution of the User’s personal information by third parties. Further, TGHC shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of TGHC including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User etc.

 

1. GRIEVANCE OFFICER

 

1. If a User has any questions concerning this Privacy Policy, such a User may write to TGHC at info@tghclinic.com.

 

1. If a User has any grievance with respect to the Privacy Policy, including any discrepancies and grievances with respect to collection or processing of personal information, such a User may contact TGHC’s Grievance Officer at:

Mr. Joel Jacob,

The Grievance Officer,

No. 19, 4th C Cross, Koramangala Industrial, 

5th Block, Bengaluru – 560095, Karnataka 

Email: joel@tghclinic.com