Privacy Policy

The Smiling Souls > Privacy Policy

The Smiling Souls Private Limited (“The Smiling Souls”, “we”, “us”, “our”) takes the privacy of your information seriously. This privacy notice (“Privacy Notice”) describes the types of personal information we collect from you through our website, mobile applications, and other services related to enhancing the quality of life for senior citizens. It also explains the purposes for collecting that information, who we may share it with, and the steps we take to protect your data’s security in compliance with the Digital Personal Data Protection Act, 2023 (“DPDP Act”). This notice informs you of your rights and choices regarding your personal data and how you can contact us for any privacy concerns.

You are advised to carefully read this Privacy Notice before using or availing of any of our products and/or services.

  • DEFINITIONS

In this Privacy Notice, the following definitions apply:

  • Cookies: Small files placed on your device when you use certain features of our website or mobile application. They allow us to remember your actions or preferences over time. To know more about cookie technology, and by using our website, you consent to the use of cookies as stated in our Cookie Policy.
  • Data: Refers to non-personal, personal, and sensitive personal information, which in combination with other data, could identify you when you use our platform.
  • Data Protection Laws: Refers to applicable laws like the Digital Personal Data Protection Act, 2023, and other global data protection laws that may apply.
  • Partners: Third parties with whom we have contractual agreements to provide or support our services.
  • Service Providers: Entities processing your data on behalf of The Smiling Souls as part of our services.
  • User or You: Refers to the natural person accessing or using our services.
  • The Smiling Souls: The Smiling Souls Private Limited, a company registered in India.

 

  • WHAT DATA DO WE COLLECT ABOUT YOU?

We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information:

  1. Contact Information: Name, email, postal address, phone number, and other similar contact data.
  2. Financial Information: payment instrument information, transactions, transaction history, preferences, method, mode and manner of payment, spending pattern or trends, and other similar data.
  3. Technical Information: website, device and mobile app usage, Internet Protocol (IP) address and similar information collected via automated means, such as cookies, pixels and similar technologies.
  4. Health-Related Information: Data such as medical history, health status, treatments, or test results relevant to senior well-being programs.
  5. Personal Information: Age, gender, marital status, nationality, government-issued ID numbers, occupation, etc.
  6. Feedback: Reviews, feedback, or opinions shared by you about our services.
  7. Service Information: Account details, program-specific preferences, and information from participating in surveys or questionnaires.

Applicability to Non-Registered Users

This Privacy notice applies not only to registered users of The Smiling Souls platform but also to data collected from users who are not registered members. This includes, but is not limited to, browsing behavior, pages viewed, and other activities while interacting with the platform.

 

  • HOW WE COLLECT DATA

At or before the time of collecting personal information, we will clearly identify the purposes for which such information is being collected. If the purpose is not explicitly communicated to you, you have the right to request clarification from The Smiling Souls regarding the reason for collecting your personal information. Until such clarification is provided, you are not obligated to disclose any information.

We collect and use your personal information solely to fulfill the purposes specified by us, either within the scope of your consent or as required by applicable law. We will retain personal information only as long as necessary to meet those purposes. The collection of personal information is conducted by lawful and fair means, with your knowledge and consent.

Personal data must be relevant to the purposes for which it is collected and used. To the extent necessary, such data should be accurate, complete, and kept up-to-date.

Information You Provide to Us

We receive and store any information that you provide through our website, mobile application, or in any other way (e.g., at physical outlets, stores, hotels, or kiosks). For more details, please refer to the section titled “Data Shared by You.”

Automatic Information We Collect

We use technologies such as “cookies,” pixels, and similar tools to receive and store certain types of information automatically whenever you interact with our platform. For more details, please refer to the section titled “Data that is Collected Automatically.”

Email Communications

To help us make our email communications more relevant and tailored to your interests, we may receive a confirmation when you open an email from us or click on a link within the email, if your device supports such features. You have the option to opt out of receiving marketing emails from us by clicking the “unsubscribe” button in any of our marketing emails.

Automatic Information We Collect from Other Websites

We may also receive and store certain types of information when you interact with third-party websites that use our technology or with whom we have specific agreements. Since we process this information on behalf of the respective website operators, the collection, processing, and use of such information will be governed by the applicable third-party website operators’ privacy policies, and not by our Privacy Notice.

 

  • OUR USE OF DATA

We may use your data for:

  • Delivering products and services, including health and wellness services for seniors.
  • Personalizing your experience and providing recommendations.
  • Complying with legal obligations, security, and fraud prevention.
  • Communicating with you, including providing support, answering queries, and sending promotional materials.
  • Improving our services, based on aggregated data insights.
  • Facilitating payments and processing transactions.

Collection and Usage of Personal Information

We collect and store personal information provided by you from time to time on the Platform. The information collected and used is limited to what is necessary to provide a seamless, efficient, and secure experience, customized to meet your needs. Specifically, we may collect and use your information for the following purposes:

  1. Service Provision: To enable the provision of services you have opted for on the platform.
  2. Content Customization: To ensure you can view content tailored to your interests and preferences.
  3. Communication: To send necessary account and service-related information periodically.
  4. Customer Care: To allow you access to quality customer care services and to facilitate data collection for service improvements.
  5. Legal Compliance: To ensure compliance with applicable laws, rules, and regulations.
  6. Third-Party Service Requests: If a service requested by you involves a third party, we may share such information as is reasonably necessary to fulfill your service request with the respective third party.
  7. Marketing and Offers: To use your contact information to send offers and content based on your interests and prior activity on the platform.
  8. Internal Use: The Firm may use your contact information for service improvement but will delete all such information immediately upon withdrawal of your consent. You can opt-out at any time through the ‘unsubscribe’ button or by emailing us at grievance@thesmilingsouls.com.

We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information and make further services available to you.

We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.

We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Platform so that we can improve it and cater personalized content/ads according to their preferences.

 

  • MINORS

We do not knowingly collect personal data from children under the age of 18 without parental or guardian consent. If we learn that we have collected personal data from a child without consent, we will delete it.

 

  • SHARING OF DATA

We may share your data with:

    1. Partners: Third-party service providers helping us deliver services.
    2. Service Providers: Entities managing payment processing, customer support, and analytics for us.
    3. Affiliates: We may share data with affiliates or group companies under strict contractual obligations.
  • Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. Your Data (including in relation to loyalty programs) may be transferred as part of such transaction. Any Data that we receive from a third party pursuant to such transactions will be processed in accordance with this Privacy Notice and applicable law.
  • Third Parties: We may share your personal data with third parties, including service providers, partners, or other entities, to facilitate the provision of services, for business operations, or as otherwise outlined in this Privacy Notice. Such sharing will always be governed by appropriate data-sharing agreements ensuring that your data is processed in compliance with applicable laws.
  • Legal and Regulatory Sharing

In certain situations, we may be required to share your personal data without obtaining your consent or providing prior notice. Specifically, as per Section 17 of the Digital Personal Data Protection Act, 2023, the Central Government has the authority to process or direct the processing of personal data without user authorization. This may occur in circumstances where:

  • The data is required for preventing or detecting offenses or investigating or prosecuting violations of the law.
  • The government or authorized bodies require the data for purposes such as national security or public interest.
  • DATA PROTECTION MEASURES

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, or misuse. In the event of a data breach, we will notify you and the Data Protection Board of India as required by law.

Internet Security Practices

Transacting over the internet carries inherent risks that can only be minimized by adopting security practices such as not sharing your account or login information with others. We also advise informing our customer care team immediately about any suspicious activity or if you believe your account has been compromised.

 

  • CROSS-BORDER DATA TRANSFERS

We process personal data within India. If data needs to be transferred outside India, we ensure that the recipient country provides adequate data protection or seek your explicit consent.

 

  • RETENTION OF DATA

We retain your data only for as long as necessary to provide services, comply with legal obligations, resolve disputes, and enforce our agreements. Backup data may be retained for regulatory or audit purposes.

 

  • YOUR RIGHTS AND CHOICES

To the extent possible, we provide you with the option of not divulging specific information that you do not wish us to collect, store, or use. You may also choose not to use particular services or features on the platform and opt out of any non-essential communications. 

Under the Digital Personal Data Protection Act, 2023, you have the following rights regarding your personal data:

  1. Right to Access Information (Section 11 of DPDP Act, 2023)
    You have the right to request from us (the Data Fiduciary), at any time, the following:

    • A summary of your personal data that is being processed by us and the purposes for which such data is being processed.
    • The identities of other Data Fiduciaries or Data Processors with whom your personal data has been shared, along with a description of the data shared.
    • Any other information related to your personal data and its processing as prescribed under applicable laws.

This right is not applicable in cases where personal data is shared with another Data Fiduciary authorized by law for purposes such as prevention, detection, investigation of offenses or cyber incidents, or prosecution and punishment of offenses.

  1. Right to Correction, Completion, and Erasure (Section 12 of DPDP Act, 2023)
    You have the right to request:

    • Correction of inaccurate or misleading personal data.
    • Completion of incomplete personal data.
    • Updating of outdated personal data.
    • Erasure of your personal data, except in cases where its retention is necessary for fulfilling a legal obligation or other lawful purposes.

Requests for erasure will be evaluated based on the need for retaining data to comply with legal obligations or for the specified purpose it was collected for.

  1. Right to Grievance Redressal (Section 13 of DPDP Act, 2023)
    You have the right to a readily available grievance redressal mechanism provided by us in relation to any acts or omissions regarding your personal data. We are required to respond to your grievances within a prescribed period.

Before escalating the grievance to the Data Protection Board, you must exhaust the opportunity for redressal through our provided channels.

  1. Right to Nominate a Representative (Section 14 of DPDP Act, 2023)
    In the event of your death or incapacity, you have the right to nominate another individual who may exercise your rights concerning your personal data, as prescribed by the law. Incapacity here refers to conditions like unsoundness of mind or physical infirmity that render you unable to exercise these rights.
  2. Duties of the Data Principal (Section 15 of DPDP Act, 2023)
    While exercising your rights, there are certain duties as a user you are also required to adhere:

    • Comply with applicable laws while interacting with us.
    • Ensure that you do not impersonate another individual when providing your personal data.
    • Refrain from suppressing any material information when providing personal data.
    • Avoid registering any false or frivolous grievances.
    • Furnish only verifiable and authentic information when exercising your right to correction or erasure.
  • WHERE WE STORE DATA

Your data is stored on secure servers located in India, in compliance with applicable data protection laws.

 

  • PROCESSING YOUR DATA

We take steps to ensure your data is processed in accordance with applicable laws and this Privacy Notice. Data shared with partners is managed through contractual agreements to protect it from unauthorized use or disclosure.

 

  • APP PERMISSIONS WE REQUIRE

While using The Smiling Souls app, we may request the following permissions:

  • Location: To provide location-based services, such as senior care resources or service availability in your area.
  • Camera: For document or prescription uploads during health consultations.
  • Media/Files: To access files for uploading relevant documents.
  • SMS: For OTP verification during transactions.
  • Bluetooth/Audio: To enable device connectivity for consultations or related services.

 

  1. CHANGES TO THIS PRIVACY NOTICE

We may update this Privacy Notice periodically to reflect changes in our business or applicable law. The latest version will be available on our website and app, and by continuing to use our services, you accept the updated terms.

 

  1. HOW TO CONTACT US

If you wish to access, review, update, or withdraw consent for your personal information or if you have any questions or concerns regarding this privacy notice, you should contact us by sending an e-mail to “grievance@thesmilingsouls.com” or by writing to us at:

 

M/s. Smiling Starz Welltech & Edutech Platform LLP,

B 1302, DB Woods CHS Ltd, Krishna Vatika Marg ,

Gokuldham, Goregaon (East),

Mumbai – 400063.