PRIVACY POLICY

Opera Gratia Private Limited (“us”, “we”, or “Opera Gratia”, which also includes its affiliates) is the author and publisher of the internet resource www.befikr.in (“Platform”) on the world wide web as well as the software and applications provided by Opera Gratia, including but not limited to the mobile application ‘Befikr’, and the software and applications of the brand names ‘BEFIKR, Befikr Brother, BeBefikr etc.’ (together with the Platform, referred to as the “Services”).

This privacy policy ("Privacy Policy") is in place to depicts as to how we collect, utilize, share, disclose, dispose, exchange, present and protect Personal information about the Users of the Services (as defined in the Terms of Use, which may be accessed via the following weblink http://befikr.in/termsOfuse (the “Terms of Use”), the End-Users (as defined in the Terms of Use), and the visitors of Platform (jointly and severally referred to as “you” or “Users” in this Privacy Policy). We have brought up this Privacy Policy to exhibit our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.

BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, UTLIZATION AND SHARING, DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO UPDATE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF THE USER DOES NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF THE USER USES THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), THE USER REPRESENTS THAT THE USER IS AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

1. WHY THIS PRIVACY POLICY?

This Privacy Policy is published in compliance with, inter alia:

  1. Section 43A of the Information Technology Act, 2000;
  2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
  3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
  4. This Privacy Policy states the following:
  1. The type of information collected from the Users, including Personal Information (as defined in paragraph 2 below) and Sensitive Personal Data or Information (as defined in paragraph 2 below) relating to an individual;
  2. The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
  3. How and to whom Opera Gratia will disclose such information.

2.COLLECTION OF PERSONAL INFORMATION

Many of the Services require us to know who you are so that we can best meet your needs. We may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by Opera Gratia. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

  1. contact data (such as your email address and phone number);
  2. demographic data (such as your gender, your date of birth and your pin code);
  3. data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
  4. insurance data (such as your insurance carrier and insurance plan);
  5. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.

The information collected from you by Opera Gratia may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.

“Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:

  1. passwords;
  2. financial information such as bank accounts, credit and debit card details or other payment instrument details;
  3. physical, physiological and mental health condition;
  4. sexual orientation;
  5. medical records and history;
  6. biometric information;
  7. information received by body corporate under lawful contract or otherwise
  8. visitor details as provided at the time of registration or thereafter; and
  9. call data records.

Opera Gratia will be free to use, collect and disclose information that is freely available in the public domain without your consent.

3. PRIVACY STATEMENTS

  • ALL USERS NOTE:

This section applies to all users.

  1. Accordingly, a condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by Opera Gratia immediately.
  2. All the information provided to Opera Gratia by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Opera Gratia may utilize certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice, (e) debugging customer support related issues.. Opera Gratia also reserves the right to use information provided by or about the End-User for the following purposes:
    • Publishing such information on the Platform.
    • Contacting End-Users for offering new products or services.
    • Contacting End-Users for taking product and Service feedback.
    • Analyzing software usage patterns for improving product design and utility.
    • Analyzing anonymized practice information for commercial use.

    If you have voluntarily provided your Personal Information to Opera Gratia for any of the purposes stated above, you hereby consent to such collection and use of such information by Opera Gratia. However, Opera Gratia shall not contact You on Your telephone number(s) for any purpose, if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA without your express, clear and un-ambiguous written consent.

  3. Collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information’ under the SPI Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure as required under applicable law.
  4. Opera Gratia does not control or endorse the content, messages or information found in any Services and, therefore, Opera Gratia specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against Opera Gratia relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Opera Gratia relating to the same.
  5. If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through bebefikr@befikr.in . We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent or cancellation of account may result in Opera Gratia being unable to provide you with its Services or to terminate any existing relationship Opera Gratia may have with you.
  6. If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at bebefikr@befikr.in.
  7. Opera Gratia may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. Opera Gratia will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card 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. However, Opera Gratia provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
  8. Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Platform, Opera Gratia automatically receives the URL of the site from which anyone visits. Opera Gratia also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Opera Gratia improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, Opera Gratia may share and/or disclose 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.
  9. The Platform uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by Opera Gratia and its service providers for the technical administration of the Platform, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Opera Gratia 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. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Platform, but the Platform may be limited in the use of some of the features.
  10. This Privacy Policy applies to Services that are owned and operated by Opera Gratia. Opera Gratia does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which Opera Gratia is not responsible or liable. Accordingly, Opera Gratia does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such Platforms, nor does Opera Gratia guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such Platforms. The inclusion or exclusion does not imply any endorsement by Opera Gratia of the Platform, the Platform's provider, or the information on the Platform. If you decide to visit a third party Platform linked to the Platform, you do this entirely at your own risk. Opera Gratia encourages the User to read the privacy policies of that Platform.
  11. The Platform may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Opera Gratia representatives or agents, and their opinions or statements do not necessarily reflect those of Opera Gratia, and they are not authorized to bind Opera Gratia to any contract. Opera Gratia hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
  12. Opera Gratia maintains a strict "No-Spam" policy, which means that Opera Gratia does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
  13. Opera Gratia implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Opera Gratia’s business.
  14. Opera Gratia takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information 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 Opera Gratia, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
    • CASUAL VISITORS NOTE:
    1. No sensitive personal data or information is automatically collected by Opera Gratia from any casual visitors of this Platform, who are merely perusing the Platform.
    2. Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Platform immediately.
    3. if you, as a casual visitor, have inadvertently browsed any other page of this Platform prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by Opera Gratia. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Opera Gratia cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Platform.
    4. You are not a casual visitor if you have willingly submitted any personal data or information to Opera Gratia through any means, including email, post or through the registration process on the Platform. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

    4. CONFIDENTIALITY AND SECURITY

    1. your Personal Information is maintained by Opera Gratia in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. Opera Gratia takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Opera Gratia’s business.No administrator at Opera Gratia will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Platform when finished. Opera Gratia does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Opera Gratia by sending an email to bebefikr@befikr.in You shall be liable to indemnify Opera Gratia due to any loss suffered by it due to such unauthorized use of your account and password.
    2. Opera Gratia makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
    3. Part of the functionality of Opera Gratia is assisting the doctors to maintain and organise such information. Opera Gratia may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
    4. Part of the functionality of the Opera Gratia is assisting the patients to access information relating to them. Opera Gratia may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
    5. Notwithstanding the above, Opera Gratia is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Opera Gratia 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 Opera Gratia 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. CHANGE TO PRIVACY POLICY

    Opera Gratia may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Opera Gratia treats User’s personally identifiable information, or in the Privacy Policy itself, Opera Gratia will display a notice on the Platform or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact support@befikr.in to deactivate your account. Unless stated otherwise, Opera Gratia’s current Privacy Policy applies to all information that Opera Gratia has about you and your account.

    If a User uses the Services or accesses the Platform after a notice of changes has been sent to such User or published on the Platform, such User hereby provides his/her/its consent to the changed terms.

    6. CHILDREN'S AND MINOR'S PRIVACY

    Opera Gratia strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Opera Gratia Platform and Services are not intended for use by minors, Opera Gratia respects the privacy of minors who may inadvertently use the internet or the mobile application.

    7. CONSENT TO THIS POLICY

    You acknowledge that this Privacy Policy is a part of the Terms of Use of the Platform and the other Services, and you unconditionally agree that becoming a User of the Platform and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to Opera Gratia using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Platform and use of the Services is subject to this Privacy Policy and the Terms of Use.

    8. ADDRESS FOR PRIVACY QUESTIONS

    Should you have questions about this Privacy Policy or Opera Gratia's information collection, use and disclosure practices, you may contact, the Data Protection Officer appointed by Opera Gratia in accordance with the provisions of PDPA. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the Data Protection officer.

    Name: Ms.Paali Gupta
    Opera Gratia Private Limited
    Registered Address:KH.No. 258, GF, Plot No.2, Lane No.4, Westend Marg, Saiyad-UI-Ajaib,
    South West Delhi- 110 030
    Contact us @ 1800-30-700-877
    Email: bebefikr@befikr.in