PRIVACY POLICY FOR Curebay Engage
1. INTRODUCTION
The application named Curebay Engage Application or software applications or other mobile
applications including the (“Apps”) or its website (websites and Apps shall collectively be
the “Portal”) under the brand name ‘Curebay’ is owned and managed by Curebay Technologies Private
Limited, a company incorporated under the Companies Act, 2013 (hereinafter referred as “Company”,
“We”, “Us” or “Our” which expression shall, unless it be repugnant to the context or meaning thereof,
be deemed to include its successors, subsidiaries, affiliates and permitted assigns).
Curebay Technologies Private Limited has created this Privacy Policy (“Policy”) to demonstrate its
commitment towards compliance with the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information), Rules, 2011 and other applicable laws.
For the purposes of this Policy the term “User(s)” and wherever the context so requires “You”,
“Your”, “Yourself” shall mean any natural or legal person who accesses or Uses the Portal and in the
event that a natural person is representing a business entity or a body corporate, reference to such terms
shall include a reference to such business entity and/or body corporate as well and other promoters of
such business entity and/or body corporate. All references to “You” shall include Yourself and any
other persons You are authorised to and required to provide consent for.
The purpose of this Policy is to give You information on how the Company collects, stores, Uses,
discloses, transfers and processes Your Personal Information (defined below) including Sensitive
Personal Information (defined below) when: (a) You Use the Portal; or (b) You avail any products or
services which We may operate or offer to You through the Portal. This Policy also governs Our
practices for collecting, Using, maintaining, protecting, and disclosing Your User Information (defined
below).
The term “Websites” includes all pages that are sub-domains or are associated with or exist within
each Website which are hosted by the Company. By accessing the Portal and/or Using products or
services provided by Us directly or indirectly, You agree that You have read and understood, and agree
to be bound by this Policy and Our Terms and Conditions. By Using the Portal, and/or having Used the
products or services offered by Us directly or indirectly, in the past, present or future, You expressly
and explicitly consent to Our Use and disclosure of Your User Information in accordance with this
Policy. If You do not consent to these, We request that You do not Use or access Our Portal. You
further acknowledge and accept that Your consent herein shall also be applicable to Your User
Information (defined below) submitted to Us, directly or indirectly, in the past.
It is strongly recommended for You to return to this page periodically to review the most current version
of this Policy which is amended by Us from time to time.
Your acknowledgment and consent
This Policy applies only to the User Information collected by Us on the Portal. By Your acceptance of
this Policy, You explicitly consent to collection, storage, processing, handling and Use of such User
Information, in accordance with this Policy (as amended from time to time).
This Policy does not apply to information that You provide to, or that is collected by, any third-party,
such as pharmacies, merchants or other partner platforms from which You avail services and social
networks that You Use in connection with Our services. We encourage You to consult directly with
such third-parties about their privacy practices.Please read this Policy carefully to understand Our policies and practices regarding Your information
and how it will be treated in accordance with this Policy.
2. INFORMATION THAT WE COLLECT
We collect various types of information from and about Users of Our Portal, including:
“Personal Information” which includes any information concerning the personal or material
circumstances of an identified or identifiable individual and is capable of uniquely identifying a person
and/or the business entity that a person represents. This may include your name, photograph, contact
information etc.
We may ask You to provide certain additional information about Yourself on a case-to-case basis. All
information disclosed by You shall be deemed to be disclosed willingly and without any coercion. No
liability pertaining to the authenticity / genuineness / misrepresentation / fraud / negligence of the
information disclosed shall lie on the Company nor will the Company be in any way responsible to
verify any information obtained from You.
As a matter of principle, we do not collect certain special categories of Personal Information about You
such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual
orientation, political opinions, information about your health or any genetic information.
“Sensitive Personal Information” means any Personal Information of an individual, which consists
of information relating to passwords; financial information such as bank account, credit card, debit card
or other payment instrument details; sexual orientation; physical, physiological and mental health
condition; and medical records and history. Information freely available or accessible in public domain
is not treated as Sensitive Personal Information. Depending on who You are (e.g., a merchant, customer,
cardholder, consumer, supplier, or business partner) and how You interact with Us (e.g., through
Website, App, telephone, IVR, API, online or offline), We may collect, Use, receive, store, analyze,
combine, transfer or otherwise process different categories of Your Personal Information (including
Sensitive Personal Information).
Any information that is freely available or accessible in public domain or furnished under the Right to
Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive
Personal Information for the purposes of this Policy.
You provide Your explicit consent for collection of information, on Our Portal (which may be collected
from the parties as per this Policy), which includes but is not limited to (“User Information”):
a. Your full name, address, email address, telephone number, date of birth/age and bank or
payment details and any proof of Your identity and/or address, postal code, profile picture, password
and other information You may provide with Your account (including but not limited to, health records,
medical records and history, physical, physiological or mental condition, doctor prescriptions etc.), or
any other documents or any information deemed necessary by Us, such as Your gender, mobile phone
number and Website and all other information, You may provide Us through third-party sign-in services
such as Facebook and Google. In such events/ cases, We fetch and store whatever information is made
available to Us by You through these sign-in services or otherwise;
b. Your device's camera, microphone, location, contact -list or any other facility as may be
required for KYC purposes and which will be accessed only one time and only for KYC purposes;
c. Your preferences including settings such as time zone and language;
d. IP addresses, application, device or browser type, versions and configurations, operating
systems, device brand and model, time zone setting, content, unique identifiers associated with Yourdevice(s) and pages that You access on the Portal, and the dates and times that You visit the Portal, and
paths taken;
e. Unique mobile device identifier (e.g., IDFA or other device IDs on Apple devices like the
iPhone and iPad), if You are Using Our Portal on a mobile device, We may Use mobile device IDs (the
unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize You. Unlike
cookies, mobile device IDs cannot be deleted from records. We may share it with advertising
companies, and they may Use device IDs to track Your Use of Our applications, track the number of
advertisements displayed, measure advertising performance and display advertisements that are more
relevant to You. We may also share it with analytics companies which may Use mobile device IDs to
track Your Usage of Our applications/ Portal;
f. We access Your phone resources or metadata only in compliance with applicable law.
g. Details of Your visits to the Portal, including but not limited to, Web logs and other
communication data; other information related to the Portal such as Your search queries, comments,
domain names, search result selected, number of clicks, pages viewed and order of those pages, how
long You visited our Portal, the date and time You used the Portal, error logs and other similar
information;
h. Your search details such as search terms You have looked up and results You selected;
i. The information provided by You such as ratings, reviews, tips, photos, comments, likes,
bookmarks, friends, lists, etc. to be published or displayed on publicly accessible areas of Our Portal or
transmitted to other Users of Our Portals or third- parties (collectively, "User Inputs");
j. Information collected from third party business partners, technical sub-contractors,
analytics providers, search information providers, etc. such as delivery address or contact information
or other details which may be combined with the User Information collected on the Portal and as
provided in this Policy; and
k. Information collected through cookies.
The User Information includes any Personal Information and Sensitive Personal Information.
Where possible, We indicate which fields are mandatory and which fields are optional to be filled on
the Portal. You always have the option to not provide information by choosing not to submit particular
information or feature on the Portal.
Your User Inputs are posted on and transmitted to others at Your own risk. Please be aware that no
security/ data protection measures are perfect or impenetrable. Additionally, We cannot control the
actions of other Users of Our Portal with whom You may choose to share Your User contributions.
Therefore, We cannot and do not guarantee that Your User inputs will not be viewed by unauthorized
persons. We may display this information on the Portal, share it with businesses, and further distribute
it to a wider audience through third party sites and services. You should be careful about revealing any
sensitive details about Yourself in such posting
By Using the Portal, You consent to the collection, storage, and Use of the User Information that You
provide for any of the services that We offer, and You consent to Our collection of any changes or
updates that You may provide to the User Information. We collect only such User Information that We
believe to be relevant and necessary for providing the services that You may require or request. We
shall not be liable, for any reason whatsoever, for the authenticity of any User information provided by
You to Us. You hereby represent, warrant and confirm that the User Information provided by You is
and shall continue to be valid, true and accurate.
All information gathered by the Company shall be stored on servers, log files and any other storage
system owned by the Company or by third parties in India, and such storage will be need-based and tothe extent required to render Services. User Information in servers located in India. We do not store
any biometric data.
3. HOW INFORMATION IS COLLECTED
We may collect User Information in the following ways:
a. directly or indirectly from You when You provide it to Us; and/or
b. as You navigate through Our Portal;
c. the public domain; and/or
d. through independent third-party sources like Our merchants, financial organisations, credit
bureaus etc.
We collect User Information from You when You share Your Personal and/or Sensitive Personal
Information with Us, when You apply for Our products or services directly with Us or through Our
third-party partners as per their applicable privacy policies, when You register with Us, when You
provide Your information to Us, when You enter a competition or marketing survey, when You give
Us information to collect information through cookies, from publicly available sources in accordance
with applicable laws, or when You access, Use and/or browse Our Portal. We may also obtain User
Information from independent third parties, as governed by their respective privacy policies, including
Our business partners, merchants, marketplaces, re-sellers, technology providers, e-commerce
platforms, fraud prevention agencies, independent service providers and Our group entities, affiliates,
associated financiers etc. We may further obtain User Information from social platforms and networks
when You give Us permission to do so either directly or through a cookie, and We may Use, collect,
process or disclose this information in accordance with this Policy.
4. PAYMENT CARD INFORMATION
To avail certain services from Us / Our merchants/ Our service providers through Our Portal, We may
require account information. Hence, by submitting Your account information through Our Portal, You
expressly consent to the sharing of Your information with the sellers/ merchants, third-party payment
processors, payment gateways, payment aggregators and other third-party service providers (including
to vendors who provide fraud detection services to Us and other third parties).
5. USE AND DISCLOSURE OF INFORMATION COLLECTED
Purpose
You explicitly provide Your consent for Use of Your User Information as follows:
a. To verify and authenticate Your identity;
b. To verify, authenticate and authorize Your Use of Our products or services, including for
any risk management or portfolio management purposes;
c. To facilitate Your Usage of the Portal;
d. To do internal risk assessments and analysis;
e. To protect Our business and to ensure compliance with the law;
f. To facilitate Your access to and Use of Our products and services;
g. To connect You with merchants/ or other third parties;h. To send You surveys and marketing communications that We believe may be of interest to
You including offers of any third parties;
i. To carry out creditworthiness checks;
j. To analyse, conduct internal reviews, research, surveys and understand Our Users, improve
the content and features of Our Portal,
k. To process and complete Your transactions;
l. To diagnose technical problems, provide support and help You in addressing
troubleshooting problems;
m. To send and receive communications from You, show You advertisements and/or
notifications;
n. To prepare reports, review, etc.;
o. To contact You regarding third party services and offers (including offers of any third
parties), to understand Your preferences and requirements;
p. To permit You to participate in interactive features offered through Our Portal;
q. To improve the content and protecting the integrity of the Portal; and
r. To otherwise manage Our relationship with You.
You agree and acknowledge that collection of Your User Information is necessary for the purposes
above and the collection of Your User Information is in furtherance of a lawful purpose.
Disclosures
You explicitly confirm and provide Your consent for disclosure of Your User Information as follows:
s. To comply with applicable laws or when required by law enforcement, government
officials, fraud detection agencies, financial institutions or other third parties and when We are
compelled to do so under applicable laws (such as via a subpoena, court order, regulatory query or
similar procedure);
t. To Our affiliates, subsidiaries, group companies, related parties and other assigns to allow
them to provide support services and technical services to Us and to receive some of these services
from them and to provide support services and technical services to them; and to offer their products
and services to You including offering combined products and services;
u. To Our partners, merchants, contractors, independent service providers, associated entities,
and other third-parties and persons who are bound by contractual obligations to keep User Information
confidential and Use it only for the purposes for which We disclose it to them which are generally for
jointly creating and offer products and services or to assist Us with Our business operations;
v. To other third parties and institutions and merchants in accordance with Our service
agreements (also referred to as Our terms and conditions or contracts) whether directly or through a
third party such as a referral partner;
w. To companies that We plan to merge with or entities that We may acquire or be acquired
by subject to the provisions of applicable laws, in which situation We will require that the new
combined entity or the acquired/ acquiring entity follows this Policy with respect to Your User
Information;
x. Any person for maintaining security, operating platforms, to enquire or protect from any
fraud, hacking;y. To any third-parties for the purpose of enabling such entities to market and offer their
products and services to You. We may also share Your User Information with such third parties to
assist them in understanding Your interests, habits, and Usage patterns for certain programs, content,
services, advertisements, promotions and such third parties may market and offer their products and
services to You based on this.;
z. For any other purpose in connection with the above;
aa. For enforcing or applying Our Terms and Conditions and other agreements, including for
billing and collection purposes;
bb. To international entities We partner with for the offer and/or development of products and
services subject to the requirements under this Policy and applicable laws. We ensure that every third
party that is involved in the processing of Your User Information under a contract with Us has the
required organizational and technical protections in place as may be required in accordance with
applicable laws in India;
cc. If the disclosure, in Our opinion, is necessary or appropriate to protect Our rights, property,
or safety, customers or others. This will include exchanging information with other companies and
organizations for the purposes of fraud protection and credit risk reduction;
dd. To grow Our business/ Portal and/ or help Us serve You and other Users better; and
ee. Other than as prescribed under this Policy, We will not disclose any User Information to
any external organization unless (i) We have obtained the consent of the User; or (ii) We are required
by law to provide such information.
You also specifically agree and consent to Us collecting, transferring, and sharing information
(including Personal Information) related to You with third parties such as with entities registered under
applicable laws, solely for providing Services to You including processing Your transaction requests
for the Services.
We may store Your User Information only to the extent required for Us to carry out Our operations, as
provided herein, and for as long as the same is required for the fulfilment of purposes for which We
collected it. The retention of User Information by the Company is determined by considering
compliance with legal (contractual, statutory or regulatory requirements), accounting and compliance
reporting requirements. We only store Your User Information in servers located in India. We do not
store any biometric data.
However, when We disclose Your User Information to certain third-party service providers, such third
parties have their own privacy policies in respect to the information We are required to provide to them.
For these third-party service providers, We recommend that you read their privacy policies to
understand the manner in which Your User Information will be handled by them. In particular,
remember that certain third-party service providers may be located in or have facilities that are located
in a different jurisdiction. So, if You elect to proceed with a transaction that involves the services of a
third-party service provider, then Your information may become subject to the laws of the
jurisdiction(s) in which such service provider is or its facilities are located. Once You leave the Portal
or are redirected to a third-party website or application, You are no longer governed by this Privacy
Policy or the Portal's Terms and Conditions and in such circumstances the privacy policy of such other
website will apply. We will not be liable for any acts or omissions of the third-party service provider.Once disclosed as per the above, Your User Information will be governed by the applicable third party’s
privacy policy and not by this Policy.
6. UPDATING YOUR USER INFORMATION
If Your User Information changes or is amended, You must correct, update or amend the User
Information stored with Us, by making the relevant change on Your account or by contacting Our
customer care at: governance@curebay.com
7. MARKETING
In relation to the products and services provided by Us or by third parties with whom We share Your
User Information as per this Policy, You may receive marketing communications from Us or such other
third parties, by messages, or email or through other digital modes, on the Portal or such other platforms
including social media platforms, or on such third party platforms websites and apps including social
media platforms, if You have provided Us Your User Information. We may market Our own products
or services including the products and services offered by Our group companies, affiliates, subsidiaries
and the product and services being offered by third parties Using such communication. The provision
of such marketing activities shall be in accordance with applicable laws. For the marketing activities
done by Us, We execute contracts with Our merchants, service providers, banks or other third parties.
You are entitled to opt out from receiving marketing communication from Us by writing to Us at [-].
When You opt-out from receiving marketing communication from Us, this will not, in any manner
whatsoever, impact the marketing communication You receive from other third parties with whom We
or You share Your User Information and We do not guarantee or warrant that such third-parties will
desist from contacting You. You will be required to comply with the procedures set out by such-third
parties to opt out for any marketing communication from them.
We may also Use marketing and communications to improve and customize the content of Our ads,
promotions and advertising that may be of interest to You.
8. ACCOUNT CLOSURE AND INFORMATION
You can close Your account through a written request addressed to the Company’s representatives (as
identified on the ‘Contact Us’ page on the Portal). We will remove Your public posts from view and/or
dissociate them from Your account profile. We may retain information about You only as provided
below for the purposes authorized under this Policy unless prohibited by law.
9. MINORS
The Portal is not intended for Users under the age of 18 (eighteen) years. We do not knowingly collect
any personal information from persons under the age of 18 (eighteen) years or market to or solicit
information from anyone under the age of 18 (eighteen) years. If We learn that We collected the User
Information of a minor, without first receiving a verifiable parental consent, We will take reasonable
steps to delete the information in a manner consistent with applicable laws.
10. THIRD PARTY LINKS
The Portal may contain links to other site, which may not necessarily be under Our control. These third
parties may collect, store or otherwise process Your User Information. We do not endorse or make any
representations about third-party Websites or services, and We are not responsible for any form of
transmission, whatsoever, received by You from any third-party platform. Our Privacy Policy does not
cover the information You choose to provide to these third parties or that is collected by these thirdparties. Under no circumstances shall We be deemed to control or guarantee the accuracy, integrity, or
quality of the information, data, text, software, sound, photographs, graphics, videos, cookies, messages
or other materials available on such platforms. We strongly encourage You to read such third parties’
privacy policies.
If You decide to access any of the third-party sites linked to the Website, You do so entirely at Your
own risk. Any links to any of Our third-party partners is the responsibility of the linking party, and We
will not be responsible for notification of any change in name or location of any information on the
Website.
11. REPRESENTATIONS AND WARRANTIES
You hereby represent to Us that:
a. The User Information You provide to Us from time to time is and shall be authentic,
correct, current and updated and You have all the rights, permissions and consents as may be required
to provide such information to Us; and
b. Your provision of the User Information to Us, and Our consequent storage, collection,
Usage, transfer, access or processing of the same shall not be in violation of any third-party agreement,
laws, charter documents, judgments, orders and decrees.
12. ADVERTISEMENTS
We Use third-party advertising companies/ entities to serve advertisements when You visit Our Portal.
These entities may Use information (not including Your name, address, email address, or telephone
number) about Your visits to the Portal and other Websites in order to provide advertisements about
goods and services of interest to You.
13. DATA PROTECTION
To prevent any form of unlawful interception or misuse of User Information, We Use reasonable
physical, electronic, and managerial procedures to safeguard and secure the User Information collected.
We Use reasonable, secure and technologically appropriate measures to protect You against loss or
misuse of Your User Information including internal reviews of data collection, storage and processing
practices and other reasonable security measures which are equivalent to security measures that
Company Uses to protect its own confidential information.
We have implemented technical and organizational measures designed to secure Your personal
confidential, personal sensitive and commercial information from accidental loss and unauthorized
access, Use, alteration or disclosure.
However, no method of transmission over the internet or via mobile device, or method of electronic
storage, is 100% (one hundred percent) secure. Therefore, while We strive to Use commercially
acceptable means to protect Your User information, We cannot guarantee its absolute security.
You should not share Your User name, password, OTP, or other security information relating to Your
account with anyone. If We receive instructions Using Your User name and password, We will consider
that You have authorized the instructions. You agree and confirm that Your User Information may be
transferred, processed and stored. You hereby confirm that You have been made aware of the security
measures undertaken by Us and You expressly consent to Us storing, handling, Using Your User
Information.Further, You agree that You shall not engage in any activity of data scraping or data crawling on the
Portal and Usage of Web crawling or Web scrapping software for accessing the Portal would be
considered to be unauthorised access.
14. INTELLECTUAL PROPERTY RIGHTS
All content on Our Portal, including graphics, text, icons, interfaces, audio clips, logos, images,
reviews, comments and software is the property of the Company and/or its content suppliers and is
protected by Indian and international copyright laws and other applicable intellectual property laws.
Any Use, including the reproduction, modification, distribution, transmission, republication, display or
performance, of the content on this Portal can only be made with the express written permission of the
Company. All other trademarks, brands and copyrights other than those belonging to the Company,
belong to their respective owners and are their property. You shall not modify the paper or digital copies
of any materials You have printed off or downloaded in any way on or from the Portal, and You must
not Use any illustrations, photographs, video or audio sequences or any graphics separately from any
accompanying text. You must not Use any part of the content on Our Portal for commercial purposes
without obtaining a written licence to do so from Us or Our licensors. If You print off, copy or download
any part of Our Portal in breach of the terms hereof, Your right to Use Our Portal will cease immediately
and You shall, at Our option, return or destroy any copies of the materials You have made.
15. APPLICATION FOR JOB
If Your information is submitted to Us through Our Portal when applying for a position with the
Company, the information will be Used to consider Your application. We may retain Your information
for any period of time. This information may be shared with other companies for the purpose of
evaluating Your qualifications for the particular position or other available positions, as Well as with
third-party service providers retained by Us to collect, maintain and analyze candidate submissions for
job postings.
16. AMENDMENTS TO THIS PRIVACY POLICY
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this Policy at
any time without notice, and it is Your responsibility to review this Policy from time to time on the
Portal in order to keep track and take note of the changes. Your Use of the Portal following any
amendment of this Policy will signify and constitute Your consent to and acceptance of such revised
Policy. We will not file or store a copy of this Policy for each interaction on transaction by You through
the Portal. We therefore recommend that You save a copy of this Policy for future reference, and ensure
that such copies can be reliably verified as being effective (i.e. published on the Portal) on a particular
date.
17. FORCE MAJEURE
Notwithstanding anything contained in this Policy or elsewhere, We shall not be held responsible for
any loss, damage or misuse of Your User Information, or any failure to perform any of Our obligations,
if such loss, damage, failure or misuse is attributable to a Force Majeure Event and in such case, Our
obligations shall be suspended for so long as the Force Majeure Event continues.
A “Force Majeure Event” shall mean any event that is beyond Our reasonable control and shall
include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or
industrial action of any kind, riots, insurrection, war, acts of government, pandemic (including the
Covid-19 pandemic), computer hacking, technical snags, unauthorized access to computer data and
storage device, technical snags and breach of security and encryption.18. GOVERNING LAW AND DISPUTE RESOLUTION
This Policy shall be governed by and construed in accordance with the laws of India. If any dispute
arises between Us and You in connection with or arising out of the validity, interpretation,
implementation, or alleged breach of any provision of the Policy, such dispute shall be referred to and
finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 for
the time being in force, which rules are deemed to be incorporated by reference in this clause. The
dispute shall be resolved through arbitration by 1 (one) arbitrator appointed by the Company and the
seat of the arbitration shall be Bhubaneswar, India.
The language of the arbitration proceedings and of all written decisions and correspondence relating to
the arbitration shall be English.
By acceptance of this Policy, You agree to be bound by the governing law and mechanism of dispute
resolution above.
19. DO NOT TRACK
Some web browsers have a “Do Not Track” feature. This feature lets You tell websites You visit that
You do not want to have Your online activity tracked. These features are not yet uniform across
browsers. Our sites are not currently set up to respond to those signals.
20. BREACH NOTIFICATION
Where a User Information breach is likely to result (in Our opinion), in a risk to the rights and freedoms
of individuals, it will be reported in compliance with applicable laws.
21. PHISHING
“Phishing” usually occurs when Users of a website are induced by an individual/entity into divulging
sensitive User Information by Using fraudulent websites and/ or e-mail addresses. In the event You
provide information to a website or respond to an e-mail which does not belong to Us or is not connected
with Us in any manner, You will be a victim to Phishing. We do not send e-mails requesting a User for
payment information, Username or passwords. However, We may verify the User name, password etc.
provided by You from time to time.
22. SEVERABILITY AND EXCLUSION
We have taken every effort to ensure that this Policy adheres with the applicable laws. The invalidity
or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability
of the remainder of this Policy. This Policy does not apply to any information other than the information
collected by Us through the Portal. This Policy shall be inapplicable to any unsolicited information You
provide Us through the Portal or through any other means. This includes, but is not limited to,
information posted in any public areas of the website / app. All unsolicited information shall be deemed
to be non-confidential, and We shall be free to Use and/ or disclose such unsolicited information without
any limitations.
23. FOREIGN JURISDICTION
The Company makes no representation that the content contained on the Portal is appropriate or to be
Used or accessed outside of India. If the Users Use or access the Portal from outside India, they do so
at their own risk and are responsible for compliance with the laws of such jurisdiction. The mere factthat the Portal can be accessed through the internet by You in a country other than India will not be
interpreted to imply that the laws of the said country govern the terms of this Policy and/or Use of the
Portal.
24. NO WAIVER
The rights and remedies available under this Policy may be exercised as often as necessary and are
cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing.
Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that
right or remedy, or any other right or remedy.
25. GRIEVANCE OFFICER
In the event You have any queries regarding this Policy or any grievance, with respect to the User
Information or Your privacy shall be addressed to:
The Grievance Redressal Officer,
Sushant Behera
Address: 4th Floor, OCAC Tower, Gajapati Nagar, Bhubaneswar, Odisha
Email: governance@curebay.com
You may address any grievances You may have in respect of this Policy or Usage of Your User
Information to him/her.
26. TERMINATION
Subject to Our Terms and Conditions, We may suspend or terminate Your Account or Your Use of this
Portal at any time, for any reason or for no reason. You are personally liable for any charges incurred
through Your account prior to termination. We reserve the right to change, suspend, or discontinue all
or any aspects of this Portal at any time without notice.
Please note that if You revoke any mandatory permissions or revoke the consent to process and store
information such as Your Account data and/or any other information needed to facilitate Your access
to the services offered by Us, then We may have to cease the provision of services to You.
27. INDEMNIFICATION
We shall not be liable in case You breach any terms or conditions provided under this Policy and will
not be obligated to indemnify You for any direct or indirect losses accruing to You. You agree to
indemnify, defend and hold harmless Us, Our affiliates, group companies and their directors, officers,
employees, agents, third party service providers, and any other third party providing any service to Us
in relation to the services whether directly or indirectly, from and against any and all losses, liabilities,
claims, damages, costs and expenses (including legal fees and disbursements in connection therewith
and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may
be payable by virtue of, any breach or non-performance of any terms of this Policy including any
representation, warranty, covenant or agreement made or obligation to be performed by You pursuant
to the Policy.
28. RIGHTS TO REDRESSALWe seek to provide reasonable assistance to cater to requests from individuals regarding the processing
of their User Information and the right to amend their User Information and withdraw permission to
the processing of their User Information. In accordance with applicable laws and as per Our policies,
more specifically provided below, You can exercise the following rights:
a. Review, Correct or Rectify Your User Information: You can ask Us to have inaccurate
User Information We process about You, reviewed, fixed or changed in the time frame as specified in
the applicable law.
b. Right to withdraw Your consent: You may withdraw a consent to processing that You have
given Us and prevent further processing of Your User Information or restricting disclosure of Your
User Information to third parties. You may also withhold Your consent prior to the collection and
processing of Your User Information. In such a scenario, the Company may delete Your information
(personal or otherwise) or de-identify it so that it is anonymous and not attributable to You.
c. Delete or forget Your User Information: You may request that the User Information
collected by Us, is deleted or forgotten by Us.
If You would like to exercise any of the rights above in Clause (a), (b) or (c) You may request by
submitting a Request Form – Data Deletion at governance@curebay.com . These rights are limited
in some situations, such as where We are legally or otherwise bound to process or retain Your User
Information. Please note that this may also affect Our ability to process or enable Your User Information
and may therefore lead to the discontinuation of those services or products for which this User
Information was being Used for, at Our sole discretion.
Following an account deletion request/deletion of User Information request, We delete Your User
Information (as specified in the Request Form), unless such User Information must be retained due to
legal or regulatory requirements. If You request that We delete Your User Information or Your account,
we will work hard to honor all requests in a timely manner.
Upon Your request, Your User Information will be deleted only from Our Portal. We do not undertake
any responsibility to ensure deletion of the same by any third party to whom the User Information has
been disclosed in accordance with this Policy, including but not limited to Our affiliates, associates,
other third parties etc. Your User Information, to the extent disclosed to such third parties, will continue
to be processed and governed by the provisions of their respective privacy policies. To clarify,
exercising the rights above will only result in deletion, withdrawal of consent etc., from our Portal and
not from any third parties. You will continue to be governed by the privacy policies of third parties to
the extent applicable to You.
Please note that the withdrawal of Your consent does not in any manner affect the lawfulness of
processing of User Information which was carried out based on such a consent before its withdrawal.
29. DATA STORAGE
We shall not retain any of Your User Information apart from: (a) the User Information necessary for
Us to carry out Our operations; or (b) there is a legal requirement to retain the same. Do note that
multiple legal bases may exist in parallel, and We may still have to retain certain User Information at
any time.
30. DISCLAIMERWe make no warranties or representations about the accuracy or completeness of this Portal. You
understand and expressly agree that to the extent permitted under applicable laws, in no event will the
Company or any of its affiliates or group companies or any of their respective officers, employees,
directors, shareholders, agents, or licensors be liable to You or anyone else under any theory of liability
(whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits,
goodwill, Use, data or other intangible losses (even if such parties Were advised of, knew of or should
have known of the possibility of such damages), resulting from: Your Use of the Portal or any parts
thereof; (ii) unauthorized access to or alteration of Your transmissions or data; (iii) any other matter
relating to the services; including, without limitation, damages for loss of Use, data or profits, arising
out of or in any way connected with availing of the services.
We have endeavored to ensure that all the information provided by Us and/or by third party service
providers on the Portal is correct, We neither warrant nor makes any representations regarding the
quality, accuracy or completeness of any data or information displayed on the Portal. We make no
warranty, express or implied, concerning the Portal and/or its contents and disclaim all warranties of
fitness for a particular purpose and warranties of merchantability in respect of information displayed
and communicated through or on the Portal, including any liability, responsibility or any other claim,
whatsoever, in respect of any loss, whether direct or consequential, to You or any other person, arising
out of or from the Use of any such information as is displayed or communicated through or on the
Portal.
Notwithstanding anything to the contrary herein, You hereby irrevocably waive any right or remedy to
seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or
restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation
of the Company or any of its affiliate or group company related project, or the Use, publication or
dissemination of any advertising in connection with such project.
Your sole and exclusive remedy for any dispute with Us shall be to discontinue the Use of the Portal
and the services.