PRIVACY POLICY

THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW TRANSPLANTS HELP THE POOR FOUNDATION, USES AND PROTECTS THE PERSONAL INFORMATION THAT USER PROVIDES TO US WHEN THE USER USES THIS PLATFORM. THIS PRIVACY POLICY APPLIES ONLY TO PERSONAL INFORMATION COLLECTED ON THE PLATFORM- www.transplantindia.org. THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION COLLECTED BY US IN OTHER WAYS, INCLUDING OFFLINE INFORMATION. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO ACCESS THE PLATFORM, USER AGREES TO THIS PRIVACY POLICY. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER SHALL NOT ACCESS THE PLATFORM.

1. Introduction

We, Transplants- Help the Poor Foundation, (“Foundation”; “we”; “us”; “our”) introduce a Platform www.transplantindia.org (“Platform”) as a charitable venture for raising funding for organ transplants for people who are financially challenged by bringing donors and beneficiaries together. Foundation also promotes organ donation. The usage of TransplantIndia is strictly governed by the terms and conditions contained hereinbelow. For carrying out these activities, Foundation shall collect and store the Personal Information of the Users.

We are committed to protect the Personal Information (defined below) and have made this Privacy Policy to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information. We recommend the Users to read this Privacy Policy carefully so that Users understand our approach towards the use of their Personal Information.

2. Governing statute

This Privacy Policy is governed by and is compliant with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect the Personal Information; and other applicable rules and regulations related to privacy.

3. Personal information collected

This Privacy Policy applies to Personal Information collected and controlled by the Foundation, about the Users’, when they use and register on the Platform. User may be required to register with the Platform by using the sign-up option available (“User Account”). During the registration process, 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, details of User’s device ID, Google account details, Virtual Payment Address (VPA), postal address, telephone number, PAN card details, Aadhar Card, Income Proof, e-mail address, profile pictures and similar other details.

User undertakes 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 the Foundation and the Foundation shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

4. Non-personal information

We collect User’s Internet Protocol (“IP”) addresses when User visits the Platform to track and aggregate non-personal information. Non-personal information may include the browser name, the type of electronic device, manufacturer, make, model, unique ID of the electronic device and technical information about User’s means of connection to our Platform, such as the operating system and the Internet service providers utilized and other similar information. For example, we may use IP addresses to monitor the regions from which User navigates our Platform. User understands that this information shall be non-personal information and could be used by the Foundation, for its purposes.

5. Use of personal information

We shall use the Personal Information in the following cases: (i) for generating licenses for the Platform; (ii) to assist the User in the event the User needs any additional support; (iii) for creation or development of business intelligence or data analytics in relation to facilities provided by the Foundation; (iv) to more effectively provide the Platform to User; (v) to improve the Platform; (vi) to maintain and manage User Account; (vii) to assist User with technical difficulties that may arise in relation to User’s use and access of the Platform; (viii) to manage our relationship with User by sending reminders for our various campaigns and activities undertaken for organ donation; (ix) for internal record keeping; and (x) to comply with our legal or statutory obligations.

6. Content uploaded by users

The Users acknowledge that the they shall be solely responsible for content uploaded by them on the Platform and the Foundation does not have any control over the same. However, the Foundation reserves the right to review the contents uploaded/submitted by the Users and if the same is not in accordance all applicable laws, rules and regulations, or is found to violate any privacy or any other right including third party rights, the Foundation shall remove such content, without any prior notice to the Users or terminate the User Account, at its sole discretion.

7. Dislcosures

We do not sell, rent, share, distribute, lease or otherwise provide User’s Personal Information to third parties, without User’s prior consent. Keeping this in mind, we may disclose User’s Personal Information in the following cases:

  • Administrators: We may provide access to User’s Personal information to any of our authorized administrators for internal purposes, who shall be under confidentiality obligations towards the same.
  • Affiliates and Partners: We may provide Personal Information we collect to our affiliates and partners who are working with us in connection with the Platform, so long as such affiliates and partners are subject to confidentiality restrictions consistent with this Privacy Policy.
  • Merger: We may transfer User’s Personal Information if we merge with another entity or transfer 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 transfer shall have the right to continue to use User’s Personal Information. In the event of such transfer, we may notify the Users.
  • Legal and Regulatory Authorities: We may be required to disclose User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose User’s 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 User’s Personal Information to (a) law enforcement officers or others; (b) Credit Information Companies; (c) to comply with a judicial proceeding, court order, or legal process served on us or the Platform ; (d) to enforce or apply this Privacy Policy or our other policies or agreements; (e) for an insolvency proceeding involving asset to which the information pertains; (f) respond to claims that any Personal Information violates the rights of third-parties; (g) -or protect the rights, property, or personal safety of the Foundation, or the general public. User agree and acknowledge that we may not inform User prior to or after disclosures made according to this section.

Notwithstanding anything mentioned hereinabove, the Foundation 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 the Foundation be responsible and/or liable for any additional information User may chooses to provide directly to any third party.

8. Data retention

We will retain User’s Personal Information for as long as it is required to be retained. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will try to delete User’s Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers and backed-up versions might exist even after deletion.

9. Security

User’s Personal Information is stored on our database which are either hosted on the cloud or on our secured servers. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as 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. Users are required to be careful to avoid “phishing” scams, where someone may send User an e-mail that looks like it is from the Foundation asking for User’s personal information.

User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential.

10. Accessing and modifying personal information

In case User needs to access, review, and/or make changes to the Personal Information, User may do so on User Account. User shall keep User’s Personal Information updated. If User updates, modifies or corrects their Personal Information, we may continue to keep copies of the Personal Information prior to such update, modification or correction for uses provided for in this Privacy Policy. We shall not verify any such modifications or corrections made by the User. User shall be solely liable for such modifications or corrections.

11. Indemnification

User agrees to indemnify us, our affiliates, trustees, officers, agents and employees and hold us harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to arising out of or relating to: (i) Personal Information and contents that User submits or shares through the Platform; (ii) User’s violation of this Privacy Policy, (iii) or User’s violation of rights of another User.

12. Limitation of liability

User expressly understands and agrees that the Foundation shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, information, details or other intangible losses (even if the Foundation has been advised of the possibility of such damages), arising out of this Privacy Policy.

13. Reservation of rights

All rights not expressly granted in this Privacy Policy are reserved by the Foundation and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Foundation or any other person or to User.

14. Governing laws and disputes

This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between Users and Foundation shall be submitted to the arbitration to be conducted in Mumbai, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be an unbiased person and shall be appointed by the Foundation. The award made in pursuance thereof shall be binding on the Users and the Foundation. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Mumbai, India shall have an exclusive jurisdiction over such disputes.

15. Changes to this policy

We may update this Privacy Policy without notice to User. Users are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it. Continued access to the Platform shall be deemed to be User’s acceptance of this Privacy Policy.

16. Contact us

If Users have any questions or concerns or grievances regarding this Privacy Policy, User can email us at our grievance email-address (contact@transplantindia.org).

“I AGREE”