1. Introduction-
We, Magicians of Wellness (India) LLP, a limited liability partnership firm under the Limited Liability Partnership Act, 2008 having its office at 204, Zor Wado, Anjuna, North Goa – 403513. (“Magicians of Wellness”, “we”, “our” “us”).
Magicians of Wellness provides certain services (“Services”) and products (“Products”) offered by Merchant or Service Provider to registered users (“Users or Subscribers”) under brand name “Happy Soul” through website www.happysoul.in (“Platform/Mobile Application”). References to “You”, “users”, “Yourself” shall mean the users (including the Customers/Subscribers/Guests) accessing and/or consuming the Products or Services.
We respect the privacy of everyone who visits or uses the Platform. This privacy policy (“Privacy Policy) describes the procedures for collecting, using, and disclosing Your information which You share with us for availing Products or Services or accessing the Platform (“Personal Information”). This Privacy Policy shall be governed by the Terms of Use of the Platform as updated from time to time. All the capitalised terms used in the Privacy Policy shall have same meaning as provided in the Terms of Use. We recommend You to read this Privacy Policy so that You understand our approach towards the use of Your Personal Information.
When You visit the Platform, You are not required to provide any Personal Information unless and until You choose to avail Products or Services or seek Specialist Opinion. In addition to this, by agreeing to avail Products or Services and by submitting Your Personal Information, You consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.
2. Definitions-
- “Magicians of Wellness”; “us”; “we”; “our” shall mean Magicians of Wellness (India) LLP, a limited liability partnership firm.
- “Merchant” shall mean merchants enrolled with the Platform for offering their Products to the Users of the Platform.
- “Platform” shall mean www.happysoul.in and mobile application owned, operated and managed by us.
- “Products” shall mean various Products updated and offered by Merchant on the Platform.
- “Register” shall mean registering to the Platform to avail the Services and to order the Products provided by the Platform.
- “Services” shall mean various Services offered by Service Provider on the Platform.
- “Service Provider” shall mean the Service Providers enrolled with the Platform for extending Services to Users.
- “Subscription Fees” shall mean the subscription fees to be paid by You for availing the Services under the Platform as applicable.
3. Information Which Is Collected And Stored-
This Privacy Policy applies to Personal Information collected and controlled by us, about the Users’, when they consume Products or use Services and register on the Platform or browse the Platform. For the provisions of the Products or Services, User is required to register with the Platform by using the sign-up option available (“User Account”). During the registration process and thereafter, User shall be required to share/upload certain Personal Information. For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to User’s name, address, telephone number, e-mail address, age, gender and other information in relation to the User’s business or occupation, and other information of similar nature. User understands that User shall be solely responsible for the accuracy and truthfulness of the Personal Information shared with us. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with us and we shall not be responsible for verifying the same. The User understands and acknowledges that all Personal Information shall be subject to the terms and conditions of this Privacy Policy.
4. Cookies-
We may set “cookies” on the use of the Platform by Users. Cookies are small encrypted files, that a site or its service provider transfers to Your computer’s hard drive through Your web browser that enables the site’s or service provider’s system to recognize Your browser and capture and remember certain information to enhance Your experience and cater to Your needs better.
5. How We Use Personal Information-
The Personal Information is collected and used to:
- Provide and improve the Services.
- Monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform.
- Provide better Services, create and manage user accounts.
- Assist You with technical difficulties.
- Manage our relationship with You.
- Enable You to maintain network and connect with other Users of the Platform.
- Maintain and update our records.
- Enable You to receive information or notification of new arrivals through emails or SMS.
- Monitor suspected fraud, misconduct and unlawful activities on the Platform.
6. Disclosures-
Keeping in mind the rules regarding Privacy Policy, we may send, rent, share, distribute, lease or otherwise provide or disclose User’s Personal Information to third parties in the following circumstances –
- Administrators – We may provide access to User’s Personal Information to any of our authorised administrator for an internal business purpose, who shall be under confidentiality obligations towards the same.
- Affiliates – We may provide Personal Information that we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to Your requests for information or Services and providing deliveries and other such obligations.
- Third-Party Applications – We may share Your information to third party application, for example when You choose to access our Services through such an application. You understand and acknowledge that we are not responsible for the way those third parties use Your information, so You should make sure You trust the application and that it has a Privacy Policy acceptable to You.
- Joint Marketing Arrangements – Where permitted by law, we may provide Personal Information that we collect to joint marketers with whom we have a marketing arrangement, if any. We shall require all joint marketers to have written contracts with us that specify appropriate use of Your Personal Information, require them to safeguard Your Personal Information, and prohibit them from making unauthorized or unlawful use of Your Personal Information.
- Persons Who Acquire Our Assets or Business – If we sell or transfer any of our business or assets, certain Personal Information may be a part of that sale or transfer. In the event of such a sale or transfer, we may notify You by an announcement on the Platform.
- Merger or Acquisition – We may transfer User’s Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Platform to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use User’s Personal Information.
- Legal and Regulatory Authorities – We may be required to disclose Your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose Your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Personal Information about our Users to law enforcement officers or others, in the good faith that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of Platform, our Users or the general public. You agree and acknowledge that we may not inform You prior to or after disclosures made according to this section.
Notwithstanding anything mentioned hereinabove, we shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall we be responsible and/or liable for any additional information User may chooses to provide directly to any third party.
7. Data Retention-
We will retain Your Personal Information as needed to provide You the Services. We may retain and use Your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete Your Personal Information upon reasonable request. Please note, however, that there might be latency in deleting Personal Information from our servers. Data may still reside on backed-up versions after deletion. In addition, we do not delete from our servers’ files that You have in common with other users.
8. Security-
We value Your Personal Information; we will ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting your Personal Information from unauthorized access and improper use and will update these measures as new technology becomes available, as appropriate. All Personal Information is securely stored with a controlled Personal Information base in Microsoft SQL. As a matter of security, we take back-up of systems periodically. Although we provide appropriate firewalls and protections, our systems are not hack-proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liabilities or responsibilities for it. You are responsible for all actions of Your User account and password. Therefore, we do not recommend that You disclose Your password to any third party. If You choose to share Your user account and password or any Personal Information with third parties, You are solely responsible for the same. If You lose control of Your password, You may lose substantial control over Your Personal Information and may be subject to legally binding actions.
9. Access To The Platform-
Our Platform is aimed at persons who can execute agreement legally. We, therefore, ask You, if You are not eligible to execute any agreement, not to send Your Personal Information (for example, your name, address and email address) and to subscribe to our Platform. Any Visitor, who is not a User of the Platform, shall be able to access the Platform and can check out as a guest user.
10. Collection Of Non-Personal Information-
We may automatically collect non-personal information about You such as the type of internet browsers You use or the platform from which You linked to our Platform. We may also aggregate details which You have submitted to the Platform (for example, Your age and the town where You live). You cannot be identified from this information and it is only used to assist us in providing an effective Service on this Platform. We may from time to time supply third parties with this non-personal or aggregated Information in connection with the Services and this Platform.
The details related to the aggregation of orders shall be used for our reference. But the details of individual orders shall not be used by us. For example – for the analysis of yearly orders placed by one co-operative housing society, the data shall be used by us. But the data related to personal orders shall not be used by us.
11. Interaction Between You And Platform-
We are interested in Your views, and we value feedback from our users, we, therefore, may set up blogs, chat rooms for providing better Services and to receive your feedback. You can also rate our Products upon receipt of them. However, we cannot control and be responsible for how other Users use Your feedback or any Personal Information which You make available to them through this Platform. We encourage You to be careful about what Personal Information You disclose in this way. Subject to any applicable law, any communication sent by You via the Platform or through the blogs, chat rooms or otherwise to us (including without limitation content, images, audio, feedback, etc. collectively “Feedback”) is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. We can use the Feedback, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing Products or Services. You agree You will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights or implied contract) and You hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of You as the source of the Feedback. Your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that You do not send us any Feedback that You do not wish to assign to us, including any confidential information or any original creative materials. You shall be responsible for the content and information contained in any Feedback sent by You to the Platform or otherwise to us, including without limitation for its truthfulness and accuracy. You shall not provide any malicious content and violate any third party’s legal rights.
12. Accessing And Modifying Personal Information-
In case You need to access, remove, review, and/or make changes to the Personal Information that You have provided to us, we have provided an option for change of profile on the login page. Platform after duly verifying and authenticating such changes to the Personal Information, will review, remove and/or make changes to it. Notwithstanding anything, the following changes to Your profile can be made directly by You:
In case of Individual Users:- Name
- Address
- Contact details
- Other Profile information
If You register or respond to advertisements or posts on the Platform or post any content on the Platform, we may send You certain notifications, advertisements, promotions, surveys and specials. We may also send You any legally required notifications and certain notifications, including but not limited to, Service-related notices or notices regarding a change to any of our policies. For example, we may send You a notice regarding server problems or scheduled maintenance of the Platform. You can opt out of certain e-mail communications from us, including our newsletters, updates, transaction notifications if any, advice on networking on the Platform, notifications that a User has commented on Your posting, and notifications that You can refresh Your posting. We will not change Your preferences without Your consent. In case of loss of password or account id compromised, Platform shall help You to regenerate the same inefficient way.
13.Third-Party Links-
We may have links to other website or You are referred to our Platform through a link from another website. We shall not be responsible for the privacy policies and practices of other websites. Such content is subject to their terms of use and any additional guidelines and privacy information provided in relation to that use on their website. We recommend that You check the policy of each website You visit to better understand Your rights and obligations especially when You are submitting any type of content on those third-party websites. Please contact the owner or operator of such website if You have any concerns or questions.
14. Social Media-
You may wish to participate in social media avenues on our Platform. The main aim of the social media platform is to facilitate and allow You to share content. You may note that personal information shared by You on social media may be open and available to the public at large and the Platform will not have any control on its viewership. However, we cannot be held responsible if You share Personal Information on Social Media platform that is subsequently used, misused or otherwise appropriated by another user.
15. Indemnification-
In addition to the indemnification commitment provided in Terms of Use, User agrees to indemnify us, our partners, affiliates, officers, agents and employees and hold us harmless from and against any claims and demand, including reasonable attorney’s fees, made by any third party due to arising out of or relating to:
- accuracy and correctness of Personal Information and contents that User submits or shares through the Platform;
- User’s violation of this Privacy Policy;
- User’s violation of any rights of another User.
16. Limitation Of Liability-
Platform will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of Your Personal Information) and for use of or inability to use Services of any kind that is offered or to provide indemnity or any other remedy to You or any third party.
17. Governing Law And Disputes-
This Privacy Policy is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information; other relevant laws, and policies of Platform. This Privacy Policy is governed by and construed according to the laws of India, the acceptance of the Privacy Policy shall be deemed to have been given at Goa and the courts in Goa shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning this Privacy Policy or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
18. Changes To This Policy-
From time to time we may make changes to this Privacy Policy. If we make any substantial changes to this Privacy Policy and the way in which we use Your Personal Information we will post these changes on this page and it shall be Your responsibility to be aware of any significant changes. Please check our Privacy Policy on a regular basis.
19. Contact Us-
If You have questions or concerns or grievances regarding this Privacy Policy, You can email Magicians of Wellness regarding any grievance at support@happysoul.in.
20. Additional Conditions For Users Outsides India-
You agree and acknowledge that the Platform facilitates buying in India. There are certain privacy related regulations applicable to certain specific geographies outside India, such privacy related regulations may not be applicable in India. The Privacy rules, regulations and rights may differ from Your local geographical legal systems and You may not receive the same privacy protection benefits or rights in India.