This Privacy Policy (“Privacy Policy”) describes what information Rama Medical Store (“Proprietor”), as the operator of the Platform and as owner of the Platform, may collect from a user (“You”, “Your” or “User”), on or through our website (https://earthymeds.com) (the “Site”) or one or more mobile application (the “App”), directly (the owner and the operator of the Platform are referred collectively as “We”/ “Us”/”Our”) or in relation to services otherwise rendered by us (collectively “Platform”), including our facilitation through the Platform, of purchase of pharmaceutical drugs from Retail Pharmacies, consultation with registered medical practitioners or facilitation of consultation with registered medical practitioners by third-parties (“Medical Practitioners”) and the facilitation of services by third parties which may include delivery of pharmaceutical, nutraceutical, over the counter products and such other products as ordered by you through the App or the Site, and scheduling diagnostic tests (each a “Service”, and collectively the “Services”) and how we use, process, disclose and try to protect such information.

You agree and understand that the Company is responsible for operation and maintenance of the Platform and all information collected and processed on the Platform is collected and processed by Us strictly in relation to Our business.

By using Our App, or the Services, You confirm that You have read, understood, and agree with the privacy practices described in this Privacy Policy, and the Terms of Use (the “Terms”) and the collection, storage and processing of Your information in accordance with them.

This Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this Policy have the meaning given to them in the Terms.

This Privacy Policy is published in compliance with, inter alia:
Section 43A of the Information Technology Act, 2000 (“IT Act”);
Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Intermediaries Guidelines”).

General Terms:
(a) By accessing or using the Platform or the Service, or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy.

(b) You hereby consent to Our collection, use, sharing, and disclosure of your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time, and any continued use of the App, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes, modifications made to the terms hereof.

(c) If You are accessing or using Services on the App or the Site from an overseas location, You do so at your own risk, and shall be solely liable for compliance with any applicable local laws.

(d) If You do not agree with any of the terms and conditions of this Privacy Policy, please do not proceed further to use this Site or the App or any Services. This Privacy Policy is subject to change at any time without notice. To make sure You are aware of any changes, please review this policy on this Site or the App periodically.

1. What information About You is collected on the Platform?
When You access the Site or the App or use the Service(s), You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that we may collect:

(a) Information You Give Us: We receive and store any information You enter on Our Platform or provide us in any other way. When You register on the Site or the App, We collect registration details such as phone number, name, geographical address and email address. We verify Your phone number with the help of a one-time password sent to Your phone number.

We may also collect information required for providing You Services on the Platform including, items you place in the cart, pharmaceutical, nutraceutical products including prescription drugs or over the counter (OTC) products You may order, facilitating booking a consultation with a Medical Practitioner, scheduling diagnostic tests, etc. You can choose not to provide certain information, but then You may consequently not be able to take advantage of many of Our features.

We may also collect sensitive personal data or information (“SPDI”) about You when You use Our Service(s) on the Platform. This information includes health information We receive from You or, on your behalf, such as information or records relating to Your medical or health history, health status and laboratory testing results, details of treatment plans and medication prescribed by a Medical Practitioner, dosage details such as frequency of dosage, alternative medication, medicines ordered by You through the Platform, diagnostic results, other health-related information and any other information inferred therefrom. We may also collect payment information such as Your payment card number, expiration date, billing and shipping address. By using the Service, You consent to the recording, storage, and disclosure of such communications You send or receive for these purposes. We may also store and process prescriptions, treatment notes, recommendations and other data generated by Medical Practitioners on or through the Platform, and data shared by third-parties such as diagnostics related information; prescription related information etc and may retain such material for our records for the duration of you availing the Services or for any such period required or permitted under applicable law.

(b) Information from Other Sources: We might receive information about You such as order details, your details shared with Our partners etc. from other sources including from Our partners, advertisers or third parties registered on the Platform and add it to Our account information.

(c) Cookies and Other Tracking Technologies: We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site or the App. Some cookies and other technologies may serve to recall information previously indicated or submitted by a user. Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify you if you receive a cookie, or You may choose to block cookies with your browser/mobile applications.

Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Site or App is accessed. Our use of cookies and other tracking technologies allows Us to improve our Site or the App and Your experience.

At all times, You may refuse all cookies on Your browser or the App by changing Your settings to the extent permissible on your device. However, by doing so, You may not be able to use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile’s “help” file or the browser.

(d) Third party tools and software: We use third party SDKs in our App. Majority of them are different payment options by which You can make a payment for an order. In order to enhance Your personal and overall experience some of the tools are used therein.

(e) Automatic Information: We receive and store certain types of information whenever You interact with Us. For example, We obtain certain types of information when Your web browser accesses the Site or advertisements and other content served by or on behalf of EarthyMeds.com on other web sites. Click here (OS type and version, App version, Device brand, browser and its version details, User agent) to see examples of the information We receive. We may also receive/store information about Your location and Your mobile device, including a unique identifier for your device. We may use this information for internal analysis and to provide You with location-based services, such as advertising, search results, and other personalized content.

 

The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

You agree that You are providing all information, including SPDI to us voluntarily. Collection, use and disclosure of personal information and SPDI requires Your express consent.

You are providing us with your consent to Our use, collection and disclosure of the personal information and SPDI. You may choose to not provide Us with personal information and SPDI, but in the event that You do so, we will be unable to provide you access to Our App or the Site or purchase products or provide Services through Our Platform.

2. How do we use the information we collect
(a) We use information We collect, in a variety of ways in order to provide the Services on the App and the Site and to operate Our business, including the following:

(i) To carry out Our obligations arising from Your requests for the products and Services on the Platform;
(ii) To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;
(iii) To process and deliver Your order with Us;
(iv) To enable Your access to Our Site or App to purchase products and provide You Services;
(v) To enable You to initiate and consultation with Medical Practitioners or facilitating a diagnostic test;
(vi) Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;
(vii) Research;
(viii) We use the information that You provide for such purposes such as responding to Your requests, customising Your orders, improving Our Platform or communicating with you
(ix) For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
(x) To comply with applicable law;
(xi) To conduct audits and quality assessment procedures;
(xii) To analyse the use of Our resources, troubleshooting problems and improving Our Products and Services, by using the information regarding Your mobile device and software.
(xiii) Contacting users, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;
(xiv) To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms, or as otherwise required by law;
(xv) To respond to any queries that You may have, and to communicate information to You, including notifications of any promotions or alerts, any changes/updates to the Site, or the introduction of any future fees or charges that we may collect at the time for purchasing products or provision of our Services to You; or
(xvi) To contact You, by way of SMS, email and phone calls, from time to time to record Your valuable feedback on Our products and Services, as they currently stand, and/or any potential products and services that may be offered in the future.
(b) We may use “cookies” information and “automatically collected” information we collect on the Service to (i) personalize Our services, such as remembering Your information so that You will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track Your entries, submissions, and status in any promotions or other activities on the Service.

(c) We may access or store Your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of EarthyMeds or others.

(d) We may use information regarding Your location or the location of Your device through which You access the Service for a number of purposes, including without limitation to confirm You are located in a jurisdiction in which the Service is offered and to identify an appropriate Medical Practitioner.

(e) We may collect, analyze, use, publish, create and sell de-identified information, of which your personal or sensitive personal information might be a component, for any business or other purpose not prohibited by applicable law, including for research and marketing purposes.(collectively “Purposes”).

3. Do we share the Information we receive?
(a) Information about You and the other users of the Platform forms an integral part of Our business. We only share the personal information as described below after ensuring that such third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By using the Site or the App, You accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by third parties. We, have arrangements with third parties (including as mentioned below) such as affiliates or group companies, service providers, retailers, Retail Pharmacies, payment gateways, logistics partners who are the intended recipients and may have access to the personal information and SPDI but shall not disclose such information including SPDI further to any other individual / entity. Some of the third parties include:

(i) Retail partners: Some of Your personal information or SPDI will be shared with affiliated retailers, the Retail Pharmacies who supply and service Your order and with the Medical Practitioners. These retailers operate on the Platform or sell medicines and wellness products to You on the Site or the App. You can identify when a third party is involved in Your transactions and we share customer information related to those transactions with that third party;
(ii) Third Party Service Providers: Some of Our personal information or SPDI may be shared with third party service providers, retailers and logistics providers for the fulfilment of Services and delivery of Your order(s). Examples include fulfilling orders, delivering packages, sending postal mail, newsletters and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, consultation with Medical Practitioners, providing search results and links (including paid listings and links), processing card payments and providing customer service. They have access to personal information needed to perform their functions but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law. It is clarified that We will not be responsible and liable for the acts of omissions and commissions of such third-parties associated with us. However, We may facilitate resolving any issue You may face with such third-parties;
(iii) Legal obligations of the company: We may release account and other personal information when we believe in good faith that such release is appropriate to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or in interest of national security; or (iv) protect personal safety of our users or the public. We may also disclose Your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or Our safety, safety of Our users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction;
(iv) Sharing upon merger or amalgamation or intra-group transfer: Any third party to which We transfer or sell Our assets, merge or consolidate with, will have the right to continue to use the information (including SPDI) provided to Us by You, in accordance with the Terms and this Privacy Policy. We may disclose information to Our partners, affiliates, subsidiaries, group entities, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how users use Our Site or App and enable Us to create a better overall experience for You; and
(v) Improving our business: You acknowledge that We have a right to use a recorded copy of Your telephonic conversation and e-prescription with Your Medical Practitioner, for improving Our Services and aiding You in procuring targeted consultation for any underlying medical condition. We may transfer such personal Information and SPDI to a third party, including persons outside India, to improve product and Service offerings while taking commercially reasonable steps to try and ensure, that the recipient adheres to the applicable laws for ensuring data protection as is adhered by Us.
(b) Transfer to third parties and outside India

Subject to applicable law, We may at Our sole discretion, transfer personal information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us under the terms hereof, located in India or any other country.

By using the Site and the App, You accept the terms hereof and hereby consent to Us, sharing and/or processing Your personal information and SPDI with third parties and in any of location outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred accords same level of data protection as would be afforded under Indian law.

4. How Secure Is Information About Me?
(a) We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures may warrant that We may occasionally request proof of identity before We disclose personal information to You.

(b) We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input in addition to maintaining security of Your information as per the international standards on “Information Technology Security Techniques Information Security Management System-Requirements”.

(c) We restrict access to personal information, to Our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.

(d) No employee or administrator will have knowledge of Your password of Your account on the Site or the App. It is important for You to protect Your account against unauthorized access to Your password and Your mobile phone, as detailed in the ‘User Account, Password and Security’ section of the Terms. You must be sure to log off from the Site or the App when You have finished use thereof. We do not undertake any liability for any unauthorised use of your account and password.

(e) If You suspect any unauthorized use of your account, You must immediately notify us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of your account or password.

(f) Under certain circumstances, We shall not be able to take your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.

(g) Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to 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.

5. What Information Can I Access?
The Platform gives You access to a broad range of information about your account and your interactions with the Platform for the limited purpose of viewing and, in certain cases, modifying, deleting information provided on the App or the Site. You have the option to opt-out of optional services such as receiving promotional materials etc. and should You desire to opt-in to such services at the time of signing up You can choose do so.
6. Are Children Allowed to Use the Platform?
Use of the Site or the App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are under 18 years of age, then please do not use or access the Service(s) at any time or in any manner. If We learn that a person under 18 years of age has used or accessed the Platform or Service or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then we will take the appropriate steps to delete this information. If You are a parent or guardian and discover that your child under 18 years of age has obtained an account on or otherwise accessed the Service, then You may alert us at care@earthymeds.com or legal@earthymeds.com and request that we delete that child’s personally identifiable information from our systems.
7. Third-party links
The Site or the App may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources (“Third Party Links”). We have no control over such Third Party Links present on the Site or the App, which are provided by persons or companies other than us. You acknowledge and agree that We are not responsible for any collection or disclosure of your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on our Site or App, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links.

You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties.

Such third party websites, and external applications or resources, accessible via the Third Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as you would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application’s privacy policy.

8. Retention of Information
(a) We also have measures in place such that your SPDI which is in our possession or under our control, is destroyed and/or anonymized as soon as it is reasonable to assume that: (i) the purposes for which your SPDI has been collected have been fulfilled; and (iii) retention is no longer necessary for any other reason, or under applicable law.

(b) We may, however, reserve the right to retain and store your personal information for our business purposes, whether such personal information has been deleted or not. After a period of time, your data may be anonymized and aggregated and then may be held by us as long as necessary, to enable purchases of products and provision of services or for analytics purposes.

(c) If You wish to withdraw Your consent for processing Your personal information and SPDI, cancel Your account, or request that We no longer use Your personal information and SPDI to deliver Our products or provide You services, please contact Us at details indicated in the contact section. Please note, however, that Your withdrawal of consent or cancellation of account may result in Us not being able to deliver you products or provide You with Our services, or terminate any existing relationship that We may have with You.

(d) Please note that uninstalling the App will not result in deletion of Your personal information or SPDI.

9. Changes to your Information
You may review, correct, update, change the information that you have provided by logging into your account. However, You are not permitted to delete any part of the personal information or any other information generated on the Platform or request Us to delete the same. You may update Your information at any point by writing to Us at the details indicated below in the contact section.

Should You choose to update Your personal information or SPDI or modify it in a way that is not verifiable by Us, or leads to such information being incorrect, we will be unable to provide You with access to our Site, App or the Services, as described under the Terms, and such modification may be regarded as the User seeking to discontinue his or her access to our Site, App or the Services.

We reserve the right to verify and authenticate Your identity and Your personal information in order to ensure accurate delivery of products and services. Access to or correction, updating or deletion of your personal information or SPDI may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

10. Notices
If You have any concern about privacy or grievances on the Site or the App, please contact us with a thorough description and We will try to resolve the issue for You.

If you have any concerns or questions in relation to this Privacy Policy, You may address them to Our grievance officer at:

 

Name: Pramod Nair

Address: 301 B-Wing, Raheja Plaza 1, Opposite R-city Mall, L.B.S. Marg, Ghatkopar West, Mumbai, MH 400086

Phone number: 022-25032188

E-mail: care@earthymeds.com or legal@earthymeds.com

We shall endeavour to resolve Your grievances within one month from the date of receipt of such grievance

11. Miscellaneous
(a) Disclaimer: We cannot ensure that all of Your personal information and SPDI will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting your privacy, We do not promise, and You should not expect, that your information or private communications will always remain private. As a User of the Site or the App, You understand and agree that You assume all responsibility and risk for Your use of the Site or the App, the internet generally, and the information You post or access and for Your conduct on and off the Site or the App.

(b) Indemnity: You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our Site or App or otherwise and Your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to Your personal information or SPDI which you may have disclosed to such third parties.

(c) Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.