TERMS AND CONDITIONS

This privacy policy along with Terms of Use governs your use of MySwish web app or any other platform as launched by MySwish in future (the “Platform”) operated by Ethika Worklife Solutions Private Limited , a duly registered company in India with registered business address at Plot No. 88, Above MRF Tyres, 2^nd Floor, Gachibowli, Miyapur Road, Hyderabad, 500032, bearing GSTIN [36AAECE5867E1ZI] (“MySwish”, “we” or “us”). Our privacy policy may change from time to time for any reason. If we make any material changes to our policies, we will place a prominent notice on our Platform. If you have any questions or concerns about our privacy policies, feel free to mail us at [amer@ethika.co.in].

Data protection is a particularly high priority for the management of MySwish. The use of the Platform is not possible without any indication of personal data, if a data subject wants to use our Platform, processing of personal data is necessary.

The processing of personal data, such as the name, address, e-mail address, or phone number of a data subject shall always be in line with the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Sensitive Personal Data or Information) Rules, 2011 and other regulations applicable to MySwish. Utilizing this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed through this data protection declaration, of the rights to which they are entitled.

As the controller, MySwish has implemented numerous technical and organisational measures to ensure the complete protection of personal data processed through the Platform. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.

1. Definitions

The data protection declaration of MySwish is based on the terms used for the adoption of the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Sensitive Personal Data or Information) Rules, 2011 and other regulations applicable to MySwish. Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, among other things, the following terms:

1. Personal data: Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Data subject: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
3. Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4. Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
5. Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
6. Pseudonymisation: Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
7. Controller or controller responsible for the processing: Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the controller or the specific criteria for its nomination may be provided for by law.
8. Processor: Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
9. Recipient: Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. Third party: Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
11. Consent: Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2.Name and Address of the controller

Controller related to data is Ethika Worklife Solutions Private Limited, a duly registered company in India with registered business address at Plot No. 88, Above MRF Tyres, 2^nd Floor, Gachibowli, Miyapur Road, Hyderabad, 500032, bearing GSTIN [36AAECE5867E1ZI].

3.Name and Address of the Data Protection Officer

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection:

Name: [Suresh]

Email: amer@ethika.co.in]

4.Personal Data That We Collect

Our Platform require you to provide us with your Personal Data as well as Personal Data of your family members as necessary. Our Platform also collects Personal Data about you from your employer. If you choose to withhold any Personal Data requested by us, it may not be possible for you to gain access to parts of the Platform and for us to respond to your query. We, as Controllers, use the information we collect to operate and maintain our Platform and the Services offered on the Platform, send you marketing communications and respond to your questions and concerns.

The Personal Data which you may provide to us could include, but is not limited to:

• Your First Name,
• Your Last Name,
• Your Gender,
• Your Age and date of birth,
• Your Email address,
• Your phone number,
• Your current address,
• Your permanent address,
• Your Platform usage statistics,
• Your behavior inside of the Platform,
• Your blood group,
• Your location,
• Your health and fitness data;
• Your family members’ name;
• Family members’ Age and date of birth;
• Your relationship with family member;
• Any other information or data required for working of Platform.

The Personal Data which we collect from your employer could include, but is not limited to:

• Your Date of joining,
• Your Date of leaving,
• Your Annual CTC,
• Your Group policy number,
• Your Policy start date,
• Your Policy End date,
• Your Policy Coverages,
• Your Sum insured,
• Your Coverage from,
• Your Total premium,
• Your Organisation contribution,
• Your UHID,
• Any other information or data required for working of Platform.

5.Non-Personal Data That We Collect

When you access our Platform, we may automatically collect non-personal data from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Platform, and other similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service, obtain non-personal data from third party sources and develop aggregate information by anonymizing previously collected personal data.

It is possible at times when collecting non-personal data through automatic means that we may unintentionally collect or receive personal data that is mixed in with the non-personal data. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us.

6.Information Usage

We will only use your personal data as described below, unless you have specifically consented to another type of use, either at the time the personal data is collected from you or through some other form of consent from you or notification to you:

• We may share your personal data collected in connection with providing the Service.
• We may use your personal data to respond to your inquires or requests, or to request feedback and to enable us to develop, customize and improve the Service.
• We may use your personal data to conduct marketing analysis, to send you surveys or newsletters, to contact you about services, products, activities, special events or offers from MySwish or our partners and for other marketing, informational, product development and promotional purposes.
• We may share personal data, with third party service providers who perform various functions to enable us to provide our Services and help us operate our business, such as Platform design, sending email communications, telephone communication, text messaging, advertising, fraud detection and prevention, customer care, third party surveys or performing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. Our contracts with these third parties require them to maintain the confidentiality of the personal information we provide to them, only act on our behalf and under our instructions, and not use personal information for purposes other than the product or service they are providing to us or on our behalf. We urge you to read privacy practices of all third-party vendors before submitting any personal data through the Service.
• We may share aggregated demographic information about our customers, sales, and traffic to our partners and advertisers. We will not give, sell, rent, share, or trade any of your personal information or any data that you store using our services to any third party except as outlined in this Privacy Policy or with your consent. We may disclose information to a third party to (a) comply with laws or respond to lawful requests and legal process, (b) to protect MySwish, agents, customers, and others including to enforce our agreements, policies and terms of use or (c) in the good faith belief that disclosure is needed to respond to an emergency, or protect the personal safety of any person.
• We may disclose personal data as required by law or legal process.
• We may disclose personal data to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
• We may transfer your personal data in connection with the sale or merger or change of control of MySwish or the division responsible for the services with which your personal data is associated.
• We may share your personal data with an affiliate of MySwish who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.
• We may use your personal data to send you a welcoming email and to contact you about your use of the Platform and services; to respond to your emails, submissions, comments, requests or complaints; to perform after-sales services; to anticipate and resolve problems with our service; to respond to customer support inquiries, for assistance with our product and service development; and to inform you of updates to products and services from MySwish that better meet your needs.

7.Cookies and Similar Technologies

"Cookies" are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service. We may also use and place cookies (and similar items) on your computer from our third-party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personal data from your computer without your knowledge.

You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you reject our cookies, many functions and conveniences of Platform may not work properly.

8.Automatically Collected Information

When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using cookies and other types of tracking technologies. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Service, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Service, and other similar information. Depending on the law of your country of residence, your IP address may legally be considered personal data.

9.Analytics and Conversion Tracking

We use analytics services that use cookies, java script and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users, use of the Service, compiling reports for us on Platform activity and providing other services relating to Platform activity and Internet usage.

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users browsing actions and patterns and does not identify any individual.

10. Security

The security of your personal data is very important to us. When we collect your personal data online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personal data will be completely free from unauthorized access by third parties such as hackers, and your use of our Service demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personal data.

MySwish shall investigate and report data breaches within 72 hours of becoming aware of such breach. When a breach of personal data is likely to result in a high risk to the rights and freedoms of individuals then MySwish, as Controller, will notify the affected individuals without undue delay.

11.Protection for Children

The use of MySwish is intended for and directed to adults. Our Services are not directed to minors and we do not knowingly collect personal information from minors. If at any time in the future we plan to collect personal data from children under 18, such collection and use, to the extent applicable, shall, when required, be done after appropriate consent from the child`s parent or guardians. When we become aware that personal data from a child under 18 has been collected without such child`s parent or guardian`s consent, we will use all reasonable efforts to delete such information from our database.

12.Changes to this Privacy Policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personal data in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Service and our services following the posting of any changes to this Privacy Policy means you accept such changes.

13.Opt-Out Process

All unsubscribe or opt-out requests may be made by changing your Platform settings or by clicking the "unsubscribe" link at the bottom of the relevant email. We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases, we are incapable of, removing your personal data from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent. You should contact such third parties directly.

14.Communications with MySwish

By providing your contact information through channels including but not limited to your email address, phone number (collectively the "Channels") to us, you expressly consent to receive communications from us. We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your phone provider. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from MySwish.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit, or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

15.No Rights of Third Parties

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk. This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

16.Governing Law

This Privacy Policy and our legal obligations hereunder are subject to the laws of India, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in Hyderabad in all disputes arising out of or relating to your use of the Platform or the Services.

17.Contact

Please contact us with any questions or comments about this Privacy Policy, transfer of your personal information, our privacy practices, or your consent choices by email at [amer@ethika.co.in].