The privacy of your Personal Data is important to Health and Happiness (H&H) Trading India Private Limited and its related companies and affiliates (referred to collectively as "Company/ Swisse", "we" or "our") and we are committed to ensure that your Personal Data is handled responsibly, in accordance with the applicable Data Protection Legislation.
1. Data Protection Legislation
2. Data Controller
3. Personal Data we collect and hold.
4. Information you provided us.
5. Information we collect from third parties.
6. Information we automatically collect from you.
8. Consequences for you if your Personal Data is not provided to us.
9. Disclosures of Personal Data.
10. Service Providers.
11. Storage and transfer of your Personal Data to other countries.
12. How Personal Data if held and protected.
13. Disclaimer and Limitation of Liability.
15. Your Privacy Rights.
16. Grievance Redressal Mechanism.
18. Contacting us about privacy.
1. DATA PROTECTION LEGISLATION
We adhere to the Personal Data Protection laws in India including Information Technology Act, 2000, Information Technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 and Consumer Protection Act 2019, to the context it applies to the Personal data we collect about you.
"Personal Data" shall mean data or information relating to you from which you can be reasonably identified. Examples of Personal Data includes your full name, postal address, email address and telephone number.
We recognise that your Personal Data is valuable and process your information in accordance with the Indian legal requirements (hereinafter jointly referred to as "Data Protection Legislation").
2. DATA CONTROLLER/ FIDUCIARY
Health and Happiness (H&H) Trading India Private Limited is responsible as data controller/ fiduciary for the processing of your Personal Data collected on Our Websites.
3. PERSONAL DATA THAT WE COLLECT AND HOLD
We collect Personal Data to allow us to provide you with Services and deliver information on the products and/or services offered by us. We make sure that the Personal Data we collect from you is necessary for and directly related to this purpose.
The type of Personal Data that we collect from you, will vary depending on the circumstances in which we are dealing with you and the requirements of applicable law. This information may include:
a. Personal details about you such as your name, gender, date of birth, residential and business addresses, telephone numbers, email, and other electronic addresses
b. Usage and log information- If you have registered on Our Websites, we may collect any information from your browser and our servers that may be connected to the contact details you gave when you registered, such as username, password, profession, company, etc. Other details relating to your relationship and dealings with us, including if we deal with you in a capacity other than a customer (for example, if you have applied for a position with us, pre-employment history, income, results of aptitude and other tests, contact and emergency details).
c. Information that you voluntarily provide to us through your responses to competitions, surveys, search functions, questionnaires, feedback, ratings and reviews and the like.
d. Location Information: We may collect information about your signup and current location, which we get from signals such as your IP address or device settings, to securely and reliably set up and maintain your account and to provide our services to you.
If you choose to purchase a product from us, our third-party payment processors will collect your payment information, and none of our personnel will have access to this data.
As a general rule, we do not collect sensitive information about you, such as racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual orientation and judicial or criminal records ("Sensitive Information"). However, in circumstances where we require Sensitive Information from you for a lawful purpose, for example for the purpose of providing our services to you, we will seek your consent to collect Sensitive Information prior to collecting it.
We collect such Personal Data from you in a number of ways, including:
a. directly from you, such as when you enter your personal details on Our Websites (for example during registration or application for products and services), when you provide information by phone or in documents such as an application form;
b. from our affiliated companies;
c. from your representatives;
d. from our agents or service providers when engaged by us to do so or by other third parties, such as from referees, to verify the information you have provided us or to assist us to locate or communicate with you;
e. from sources where you have made your information publicly available;
f. from credit-reporting and fraud-checking agencies and credit providers for credit related purposes such as credit worthiness, credit rating, credit provision and financing;
g. from our own records of your dealings with us; or
h. when legally required to do so.
We make sure that the way we collect data from and about you is lawful and fair in your circumstances. We take all practical steps to ensure that you are informed of what data you are obliged to provide us, what data you may voluntarily provide us and what we may do if you do not provide us with data which you are obliged to provide.
4. INFORMATION THAT YOU PROVIDE TO US
We collect your Personal information when you give us when you enter your personal details on Our Websites including but not limited to:
a. your contact information including your name, email address and phone number
b. demographic data including your gender, your date of birth and your pin code
c. data regarding your usage of the services made by or with you through the use of Services.
d. Any and all information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
We will only use your data to the extent that the law allows us to do so. We will use your data or information where it is necessary to pursue our legitimate interests. We will use your Personal Data to:
a. identify you. We do this because it is in our legitimate interest to make sure that your enquiry is genuine and is not being made for fraudulent reasons or spam. We may also do this because we may be subject to legal obligations which require us to confirm the details that you provide us with before entering into a relationship with you.
b. Create an account when you register with us. We will do this because it is in our legitimate interest to use your Personal Data to communicate with you, to respond to your requests and to develop the relationship between us in the context of establishing and operating your account. If you submit Personal Data comprising an email address to Swisse, we may send you product and/or service related emails (e.g. transactional emails, service and policy updates in respect of matters related to or arising from the use of this Website) because it is in our legitimate interests to keep you informed of your account activities or service changes. It may also be necessary for us to:
- use your Personal Data to perform an agreement with you, where we would be unable to provide those services without that information;
- use your Personal Data to comply with a legal obligation relating to how we manage our relationship with you.
c. Provide, administer, and manage services and carry out obligations arising from any contracts entered into between us, such as but not limited to online purchases. In these circumstances, we will use your Personal Data to perform an agreement with you because we would be unable to provide those services without that information;
d. Monitor your use of Our Websites to ensure that content from Our Websites are presented in to the most effective manner, to view given your device and to help the further development of Our Website by compiling aggregate statistics about our users to analyse Our Websites usage. We do this because it is in our legitimate interests to understand user behaviour so that we can ensure that we present information on Our Websites that is of most interest to users and to ensure that information is displayed to you correctly and in a user-friendly way;
e. To enable Swisse to conduct research and/or analysis on the use of Our Websites and to evaluate and improve the products and/or services offered by Swisse. We do this because it is in our legitimate interests to understand the trends in the use and popularity of our products and services so that we can adapt existing and offer new services based on this research and analysis;
f. Conduct communications between you and Swisse and respond to feedback with regard to your needs and expectations of services and/or products offered by Swisse. We will do this because it is in our legitimate interest to use your Personal Data to communicate with you, to respond to your requests about the services and facilities you require and to develop the relationship between us in the context of your use of our Website;
g. Fulfil recruitment and staffing purposes. We will use your Personal Data to consider and decide how to respond to your enquiry because it is in our legitimate interests to use your Personal Data to consider whether we have any suitable job vacancies and to contact you about them. It may also be necessary for us to use your Personal Data to comply with a legal obligation relating to how we manage our business.
h. Comply with various laws applicable in India, which may either expressly or in effect, require us to collect your Personal Data. Such laws include, Income Tax Act, Consumer Protection Act, GST Act and other taxation laws (for example, to comply with information requests issued by the Direct and Indirect Taxation authorities) and employment laws.
i. Provide you with information related to Swisse including the products, services, news, events and other privileges, benefits and other advantages from time to time offered by Swisse, where you have opted in to receive this information.
When you opt-in to receive communications from us, you are giving your consent for your Personal Data to be used by us to contact you (depending on your selection) by email, direct mail and telephone, and to deliver personalised Website experiences, to share information about relevant products and services, news and events in relation to Swisse's offering.
We shall not use your Personal Data for marketing communications unless we have received your consent. Your consent may be communicated to us without charge by checking the opt-in / consent box in this Website or by writing to our Customer Service at: email@example.com or by post at NO.6/12, Primrose Road, Gurappa Avenue, Bangalore-560025, Karnataka, India.
If you subsequently decide that you do not want to receive correspondence from us about the services we could provide, you are entitled to withdraw your consent to us contacting you by clicking the "unsubscribe" link provided in a promotional email message, by amending your communication preferences or by contacting our Customer Service at: firstname.lastname@example.org or by post at NO.6/12, Primrose Road, Gurappa Avenue, Bangalore-560025, Karnataka, India.
Withdrawing your consent will not affect our use of the Personal Data prior to you withdrawing that consent but it will mean that we will not be able to contact you about the services we may be able to offer you or your business in the future.
We will let you know where you must provide us with Personal Data in order to perform an agreement with you or your business or to comply with a legal obligation. If you do not provide us with the Personal Data in these circumstances, we may be unable to respond to your enquiry and/or engage in further communications with you.
5. INFORMATION WE COLLECT FROM THIRD PARTIES
We may use information provided to us by third parties that operate automated tracking technologies on third party websites, information you may have made publicly available or information provided by third party sources, such as marketing opt-in lists or data aggregators.
Please remember that the manner in which third party services use, store and disclose your information is governed by the policies of such third parties, and Swisse and Company shall have no liability or responsibility for the privacy practices or other actions of any third party services.
6. INFORMATION WE AUTOMATICALLY COLLECT FROM YOU
When you visit Our Websites, we may automatically collect information such as your IP address and browser type using cookies, log files, and pixel-tags (also called web beacons). This automatic data is primarily used for delivering and optimising services offered by us, such as:
a. authenticating your identity and confirming whether you are currently logged in as you move through the Website. Your browser allows us to place some information (e.g., session-based IDs and/or persistent cookies) on your computer's hard drive that identifies the computer you are using.
b. tracking your usage across our Websites in order to provide you with relevant, personalised content;
c. improving our services, whereby we may occasionally display different versions of content to you and measure your usage of our web site pages.
To the extent this information constitutes Personal Data, we use it to ensure that content from Our Websites is presented in the most effective manner for you and your device because it is in our legitimate interest to improve our customers' online experiences in relation to Our Websites.
The following information sets out the types of cookies used on Our Websites and provides detail about what they are used for. When you use Our Websites for the first time, cookies which are essential to make Our Website operate (see those identified as "essential cookies" below) will have been set but other cookies will not have been set unless you agreed to those cookies being set at that time. If you have agreed to accept cookies, then Our Websites will remember this and continue to set cookies each time you visit. If you do not want cookies to be stored, then you may, via your browser, turn off certain cookies listed below individually or you can select the appropriate options on your web browser to delete any or all cookies. Please note, however, that if you block some or all cookies (including essential cookies) you may not be able to use or access all or parts of Our Websites such as being able to log on to member specific areas.
What types of cookies do we use?
We use a number of different cookies, outlined below:
Session-based cookies: These cookies store temporary information essential to the site in order to display its content and are usually deleted when you close your browser.
Persistent cookies: These cookies are stored in your browser for a set amount of time and stay on your computer after you close your browser. They usually contain information you may want to keep from session to session (e.g. your location or username).
First party cookies: These are our' cookies : the ones that we set up on your device and allows us to recognise you when you return to the website. It also helps keep track of your activity as you move page by page through our website and enables us to personalise our content and remember your preferences (for example, your choice of language or region).
Third party cookies:
- Other websites or servers set these cookies up on our behalf or allow us to access their cookies for activities such as tailored advertising or tracking our ads' performance on other websites.
- These cookies serve a function of: Authentication, Security and Basic Functionality
- Sometimes they are called "essential cookies", these cookies are needed for our websites to work properly. Without these cookies, core site services, such as accessing secure areas, can't be provided. Some of these cookies even help us to detect fraud and keep the sites secure. These cookies don't gather information about you and are not used for marketing or remember where you've been online.
These cookies collect information about how Our Websites are performing. For example, they tell us which content is popular, which page create errors, or how people are moving around our sites. The information they collect is anonymous and is used to help us improve how Our Websites works.
These functional cookies are all about the choices you make both on Our Websites and our advertising partners' sites. They store information about your choices (such as your username, language or the region you're in) and tailor your internet experience to provide relevant features and content for you, such as localised information or news. These cookies can also be used to remember changes you've made to text size, font and other customisable content.
Without these cookies, Our Websites will not remember any choices you've previously made, or personalise your browsing experience.
Advertising, Marketing and Analytics: These cookies help us tailor our marketing information online. They do things like limit the number of times you see an ad, as well as helping us to measure the performance of our advertising - if you don't like what you see, we want to know it. On the other hand, if you are interested in a particular topic, we want to help you to get the best information we have.
These cookies help us deliver ads that are more relevant both on Our Websites and our advertising partners' sites. They remember that you have visited a particular website, and this information may be shared between us and other organisations, such as advertising partners. They also help us get a better understanding of you, your needs, your behaviours and how you interact with us so we can engage in product and service research, development, and business strategy.
If you would like to disable cookies, you can set your web browser to reject cookies. However, if you disable the cookie function, you may not be able to access or receive all the information contained on the Our Websites How to alter your cookie setting will depend on the type of browser you use. We have provided examples of how to disable cookies on the most popular browsers below:
Microsoft Internet Explorer:
- choose the "tools" menu then "Internet Options";
- click on the "privacy" tab; and
- select the appropriate setting.
- choose the "tools" menu then "Options";
- click on the "privacy" menu then "Options";
- click on the "privacy" icon; and
- find the "cookie" menu and select the relevant options.
8. CONSEQUENCES FOR YOU IF YOUR PERSONAL DATA IS NOT PROVIDED TO US
If you do not provide us with the Personal Data we asked for or the information provided is incorrect or incomplete, we might not be able to provide you with our products or services.
9. DISCLOSURES OF PERSONAL DATA TO THIRD PARTIES
However, we may disclose your Personal Data for the purposes listed above or as otherwise permitted by the Data Protection Legislation. By visiting Our Websites, you agree to disclose your Personal Data to the following third parties:
- related entities, commercial partners (including parties with whom we have various types of commercial arrangements) and affiliates;
- service providers;
- other companies and individuals which we employ to provide you promotional and informational offers on behalf of Swisse, such as email marketing services (e.g. analysing customer lists, deliverability statistics, opens and clicks), marketing assistance or consulting services. These third parties may have access to information needed to perform their function but cannot use that information for any other purpose;
- advertisers, which may collect aggregated statistics from Our Websites;
- payment processors who will collect your payment information if you choose to purchase a product from us;
- to other persons including but not limited to lawyers, government officials etc. if we believe in good faith that such disclosure is necessary:
o in connection with any legal investigation
o to comply with relevant laws or to respond to subpoenas or warrants served on Swisse
o to protect or defend the rights or property of Swisse or users of the Services; and/or
- credit reporting agencies and other financial institutions including our own bankers, service providers; our professional advisers, such as our accountants, auditors, insurers and industry groups having a legitimate reason to receive such information.
- other persons that we need to deal with in connection with engagement of staff (such as training or medical providers, insurers, next-of-kin, referees); and
- other persons and entities as permitted under the applicable laws (such as insurers).
10. SERVICE PROVIDERS
We may employ other third-party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
11. STORAGE AND TRANSFER OF YOUR PERSONAL DATA TO OTHER COUNTRIES
If you provide Personal Data to Swisse, it may be transferred to, processed in, stored at or made accessible from a destination outside India such as Australia or the European Economic Area ("EEA"), New Zealand, Canada, China, the USA and Switzerland, or any other country in which Swisse or its service providers maintain facilities. All practical steps are taken to ensure that all data is treated confidentially, kept secure and protected against unauthorised or accidental access, processing, erasure or other use and is maintained and kept no longer that is necessary for the purpose for which it is intended.
You understand and accept that these countries may have differing laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process. In addition, a number of countries have agreements with other countries providing for exchange of information for law enforcement, tax and other purposes.
Swisse parent company is head quartered in in Hong Kong, which is a territory not currently been deemed to offer adequate data protection by Indian Data Protection Legislations or the European Commission. You can withdraw your consent for this reason at any time by emailing us at email@example.com. Withdrawing your consent will not affect our use of the Personal Data prior to your withdrawing that consent but it will mean that we may not be able to contact you about the services we may be able to offer you in the future.
12. HOW PERSONAL DATA IS HELD AND PROTECTED
We will keep a record of the Personal Data that we received from you in order to answer your query, respond to a request for more information about the services, or in response to an enquiry from one of our existing suppliers. Subject to legal requirements, we will only retain the Personal Data collected from a user for as long as the user's account is active or has otherwise not been cancelled and the user has not requested that their Personal Data be deleted. We will retain Personal Data to fulfil the purposes for which we have initially collected it, unless otherwise required by law. All Personal Data will be retained only as necessary to comply with our legal obligations.
We will delete our copy of your Personal Data eight (8) years from the end of our contact with you or when we are no longer required by law to retain it (whichever is later), although we may retain a record of the existence of the relationship, to the extent and for so long as we are required to do so by law. For example, if you have contacted us to ask for the processing of your Personal Data to be erased, we will retain a record of your request in order to ensure we comply with your wishes.
You should keep in mind that Internet transmissions (including emails) are never completely secured or error-free. As such, you should take steps to protect yourself, especially online and take special care in deciding what information you send to us via e-mail or other transmissions. Moreover, where you use passwords, ID numbers, or other special access features on the Websites, it is your responsibility to safeguard them. You should choose a strong password, do not use the same password that you use on other websites and do not share your password with anyone else. Also remember to sign out of our Websites and close your browser window when you have finished to ensure that others who may have access to your computer cannot access your Personal Information.
13. DISCLAIMER AND LIMITATION OF LIABILITY
We will take all reasonable steps to ensure that the Personal Data we collect, use, or disclose is accurate, complete, up-to-date and relevant to our dealings with you and the nature of our relationship with you. Other than the above, we make no representations or warranties of any kind, express or implied, as to the operation of Our Websites or the information, content, materials, or products dealt.
We do not warrant that Our Websites, its servers, or e-mail sent from Our Website are free of viruses or other harmful components implanted by third parties without our knowledge. We will not be liable for any damages of any kind arising from the use of Our Websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
14. YOUR PRIVACY RIGHTS
You have the following rights:
a. right to access the Personal Data that we hold about you at any time, right to review, update, and correct your account information and preferences at any time by managing your account's Profile page. If there is any information that you are not able to edit or delete, contact our Customer Service to help you make the amendments.
b. right to request for your account to be terminated and your information to be deleted when there is no longer a legitimate or legal reason for us to keep your Personal Data. On the other hand, if you wish to change or use other services affiliated to us, you may request for your Personal Data to be transferred or transmitted.
c. right to change how cookies collect your information by clicking on the "help" section on the toolbar.
If you would like to request access to your Personal Data or correction of your Personal Data held by us, you may contact us in writing. The relevant contact details are provided below (see "Contact us").
15. GREIVANCE REDRESSAL MECHANISM
We will acknowledge your request within 48 hours of the receipt of Complaint and shall try to redress your concern within thirty days of receipt of complaint.
17. CONTACT US
If you wish to contact us about the privacy-related matters described above or find out more information about our privacy practices, please use the contact details below:
Compliance and Grievances
Grievance Officer (India)
HEALTH AND HAPPINESS (H&H) TRADING INDIA PRIVATE LIMITED
NO.6/12, Primrose Road,
HEALTH AND HAPPINESS (H&H) TRADING INDIA PRIVATE LIMITED
NO.6/12, Primrose Road,
Data Protection Officer
Data Protection Officer
HEALTH AND HAPPINESS (H&H) TRADING INDIA PRIVATE LIMITED
NO.6/12, Primrose Road,